We are Open and Available for Telephone and Video Consults. Learn More.

Articles Tagged with nursing home neglect attorney

Published on:

Nursing home employees who take and distribute demeaning photos or videos of patients on social media platforms should be forewarned: The feds are getting involved.iphones

These images, as our nursing home abuse lawyers have detailed, have included humiliating depictions of residents who are unclothed, covered in their own waste or even deceased. In some cases, the images show actual nursing home abuse. Most of the images are uploaded to a platform called Snapchat.

Following a journalism non-profit ProPublica series on the troubling issue, the Centers for Medicare and Medicaid Services, the federal government agency responsible for oversight of nursing homes in the U.S., has issued a memorandum to state health departments indicating:

  • Ensuring all nursing homes have clear policies that forbid staffers from taking demeaning photos of residents;
  • Requiring state health officials to swiftly launch an investigation into any complaints of such treatment;
  • Calling on nursing homes to report any workers who violate these policies immediately to state officials or other licensing agencies.

It is the state agencies that typically enforce and mete out the discipline in these cases. The federal intervention is noteworthy because these are the agencies that pay for the majority of nursing home residents’ care. Failure to abide by these directives could be a breach of patients’ basic rights to dignity and quality treatment, which in turn could be grounds to deny federal payment.  Continue reading →

Published on:

A nursing home abuse lawsuit has been remanded for a new trial – but solely on the personal injury claim, not the wrongful death claim – by the West Virginia Supreme Court. gavel7

The court ruled the lower court erred in failing to apply certain tolling provisions and discovery rules that would have allowed her to present evidence central to her case.

In Williams v. CMO Mgmt., the patient in question was an Alzheimer’s sufferer who resided at defendant facility for a decade, from June 2001 to June 2011. Following his death in early July 2011, plaintiff, as representative of decedent’s estate, filed a lawsuit alleging personal injury and wrongful death as a result of neglect and abuse patient suffered while a patient at facility. Plaintiff also sought damages in connection with systemic issues at the nursing home related to understaffing, poor allocation of resources and budgeting and problems with certain policies and procedures. She wanted to recover for injuries her father had sustained from 2009 until his death.

At all times relevant, decedent was mentally incompetent.  Continue reading →

Contact Information