Articles Tagged with nursing home negligence

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When it comes to the top examples of wrongful death cases in Florida nursing homes, sepsis – particularly when caused by bedsores (also known as pressure ulcers) is a primary example. In fact, as our nursing home wrongful death attorneys in Orlando understand it, a recent report by Kaiser Health News and The Chicago Tribune reveals that despite the fact nursing homes around the country repeatedly fail to prevent bedsores and other infections leading to deadly cases of sepsis, there is no official source that tracks sepsis cases that turn fatal.examples of wrongful death cases

Sepsis is an infection of the bloodstream that can develop within patients who are bedridden if they have pneumonia, urinary tract infections or other conditions – like bedsores.

It’s imperative that plaintiffs who suspect an elderly loved one’s sepsis was the result of negligence discuss these options with a nursing home negligence attorney because the wrongful death statute of limitations in Florida is just two years. That may be just enough time to conduct a thorough investigation and properly prepare a claim – particularly if the case is considered a form of medical negligence. That’s because wrongful death statute pertaining to medical malpractice cases is even more complex because of requirements to file proper notice, retain an expert witness with the same relevant education and experience as defendant and making certain all defendants are properly identified.  Continue reading →

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Spinal cord injuries, more than most other types, have the potential to cause significant, profound and devastating disabilities and limitations. Nursing homes that agree to care for patients with spinal cord injuries have responsibility to ensure their patients receive the appropriate level of care. The state and federal government often pays much more for these patients to receive a higher degree of care, and Fort Lauderdale spinal cord injury attorneys know nursing homes that don’t provide it can be deemed liable if it results in further injury, loss of life quality or an untimely death. spinal cord injury attorney

It is possible some spinal cord injuries might actually be caused by negligent nursing home case, such as in a fall where aides or nurses failed to properly assist in toileting or getting in and out of bed.

However, it’s not among the more common injuries associated with nursing homes. More frequently, those with serious spinal cord injuries may be cared for – temporarily or permanently – in such a facility, but due to lack of mobility and independence and lack of sensation in certain areas of the body, they are more vulnerable to the same injury and illness risks all other nursing home patients face. This is especially true for those with quadriplegia, wherein all limbs are affected, as opposed to paraplegia, where only one’s legs are immobile. Those with a complete spinal cord injury (where there is a total severing of the cord) also are at higher risk than those with incomplete spinal cord injuries, as the latter may still retain some sensation and mobility.  Continue reading →

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New allegations of nursing home negligence, neglect and wrongful death in South Florida in the wake of Hurricane Irma last year are being alleged against a second facility. If you follow our South Florida nursing home injury lawyer blog or local news, you’re likely familiar with the incident in Broward County that claimed the lives of 12 people, suffering from heat-related illness after the storm knocked out power and caregivers failed to call for assistance. Now, another wrongful death lawsuit – this one in Palm Beach County – alleges virtually the exact same scenario at 114-bed facility just a few cities over. Florida wrongful death attorney

The owner and former executive director are also named as defendants in wrongful death  claim, which stems from the death of plaintiff’s 90-year-old mother. Plaintiff alleges that when he was able to reach the nursing home staff by telephone soon after the storm, he wasn’t informed that the site had lost power or that there was no working air conditioner at the facility. Within four days, plaintiff says, his mother was dead.

Although this case represents a less common example of a nursing home wrongful death lawsuit, nonetheless it is one that must be taken seriously by health care providers and officials in Florida, where powerful hurricanes are an annual reality. Continue reading →

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In nursing home negligence cases, an increasing number of these for-profit facilities have complicated corporate structures. The primary company that benefits financially is not necessarily the one that actually manages the day-to-day operations. The reason for this is very intentional, and it has to do with how whether and to what degree those companies can be held responsible when nursing home abuse or neglect takes place. nursing home abuse

When a nursing home staffer commits abuse or neglect, the employer can be held responsible in one of two ways: Direct negligence or vicarious liability. In a situation of direct negligence, it may be established the employer nursing home failed to properly vet the employee or didn’t have the right systems in place to supervise its workers or the patients. Vicarious liability, meanwhile, stems from the common law principle of repondeat superior, which is Latin for, “let the master answer.” While plaintiff must prove negligence by the employer in the first case, one need not prove negligence by the employer for a finding of vicarious liability. Instead, they need only show the employee was negligent or committed an intentional tort while acting in the course and scope of employment. This difference may also be important when it comes to the question of damages (which is how much money is paid).

Recently, the Tennessee Court of Appeals partially reversed a nearly $30 million damage award to a plaintiff in a nursing home wrongful death case alleging negligence and medical malpractice (technically in that state referred to as “health care liability”). The court vacated the damage award and remanded for a new hearing as to the amount of punitive damages to be awarded. (Punitive damages in Florida, F.S. 768.72, as in Tennessee, are awarded not to compensate for actual losses by plaintiff, but to penalize the defendant for gross negligence or intentional misconduct.) Continue reading →

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A study published recently by Human Rights Watch reveals roughly 180,000 nursing home residents are being given antipsychotic drugs, despite the fact they have not been diagnosed with conditions like schizophrenia, which the medications are specifically designed to treat. nursing home abuse lawyer

In many instances, a strong case could be made for medical malpractice or nursing home abuse negligence, depending on the circumstances and the harm suffered by the patient. Most nursing home residents have either Alzheimer’s disease or some form of dementia, but antipsychotic medication is not approved for treatment of those illnesses. Furthermore, these medications come with a U.S. Food & Drug Administration “black box warning,” indicating these medications may put those with dementia and similar conditions at risk of death.

Researchers concluded the drugs were administered despite lack of informed consent and rather than for the benefit of the patient, for the benefit of the facility and its staffers – to make patients easier to manage when the nursing homes are understaffed. The drugs have a sedative effect, and that, rather than any other medical benefit they might have, is largely while they are so prevalent in nursing homes. The problem is they also alter one’s consciousness, meaning they can negatively impact a person’s ability to interact with others. They can also make it much easier for someone working in an understaffed facility to care for these patients – particularly if they aren’t properly trained. As our nursing home abuse lawyers in Orlando know, a great many nursing homes have staffing levels that fall far below what is considered necessary to provide a minimum level of care. Continue reading →

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It’s estimated that 60 percent of all people with dementia will wander – and a significant number of nursing home patients suffer some form of dementia. It’s a serious problem because oftentimes, these individuals may not remember their name or address or become disoriented – even in a familiar place. Sometimes, it’s one of the issues that led loved ones to seek long-term skilled nursing care. These facilities know this is a problem they are likely to face, and they owe a duty of care to put in place strong measures to ensure patients are protected. Usually that means there are locks and alarms on all potential exits. It means patients themselves may be equipped with some type of electronic monitoring. It means there are enough staffers to keep a watchful eye on patients.nursing home wrongful death

Not long ago in Ohio, a 56-year-old man with dementia and a history of attempted escapes slipped out of a nursing home where he’d lived for three years after a heart-attach that induced cognitive decline. He was stopped by police about two hours later. The nursing home had not reported him missing by that time. The officers took him to the city limit the next community over after he told them he was trying to get there to his home. Two days later, he was found dead, likely due to exposure (temperatures had dipped below freezing, and he was found curled up on the ground next to a dumpster in a gas station parking lot).

A spokesperson for the facility would later say decedent used an elevator security code to walk out right behind a patient visitor. A staff member of the nursing home ushered them both out. The family’s attorney told The Canton Repository the man was a known risk, which was why he was in this secured unit. His elopement should never have happened to begin with, but even if they had at least reported it before police encountered him, law enforcement would have been able to secure and return him. Continue reading →

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A new analysis of data culled from the U.S. Bureau of Labor Statistics paints a bleak picture for the workers we entrust with the care of some of our most vulnerable citizens, and in turn raises questions about how their care might be impacted. nursing home injury

The federal agency’s newest release of non-fatal workplace injuries and illnesses reported by private employers indicated approximately 2.9 million workers were injured annually in 2016, which represents a rate of 2.9 cases for every 100 full-time employers. State-operated nursing and residential care facilities had a rate of workplace injuries and illnesses that, on average, was about 13.7 cases per 100 full-time workers. That’s an increase from 12 per 100 just a year earlier. Privately-owned skilled nursing facilities, meanwhile, as well as those operated by local governments reported injury rates that were 6.5 and 6.1, respectively. In total, skilled nursing facilities in all three categories reported nearly 260,000 work-related injuries and illnesses that year, with nearly 112,000 of those workers requiring days away from work, job transfers or job restrictions on the kind of work they could do. This reflects research released in 2012 by RTI International that 60 percent of nursing assistants in nursing homes incur some type of occupational injuries, ranging from back injuries to black eyes to bites and physical violence.

That raises substantial questions about not only what needs to be done to ensure these workers are healthy, but about the quality of care patients are receiving. For instance, many nursing homes are already understaffed as it is, and the problem is worsening as the population ages. When a worker is forced to take leave or work on restricted duty because of an injury, it means there is even less staff to care for patients’ day-to-day needs.  Continue reading →

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Anti-psychotic drug abuse in nursing homes remains a major problem, according to a new report released by U.S. non-profit Long-Term Care Community Coalition to the United Nations and the Human Rights Council. This analysis was a mid-term update of an earlier report submitted in 2015 concerning the inappropriate use of antipsychotic drugs in nursing homes, which essentially amounts to a “chemical restraint,” intended not for the benefit of the patient, but for the convenience of the staff, usually to keep patients docile. It’s also sometimes used a form of discipline. nursing home abuse attorney

Excessive control of behavior through medication has proven dangerous to patients, particularly those with dementia and Alzheimer’s disease (those to whom it is most often prescribed). The medications in question are intended to treat conditions like schizophrenia. But in the majority of cases where these drugs are being prescribed in nursing homes, these are not patients who suffer from psychosis. Their symptoms are not alleviated with the use of these medications. Further, overuse of such drugs erodes a person’s autonomy, as they may not think clearly or might exhibit less interest in self-care. As noted by researchers at Marquette University, they may be at increased risk for:

  • Agitation
  • Falls/ gait disturbances
  • Withdrawal
  • Functional decline
  • Movement disorders
  • Heart attacks
  • Strokes
  • Death

Note that federal law requires each nursing home resident’s drug regimen should be free from unnecessary use of drugs. Continue reading →

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State investigators have cited a nursing home for neglect in two fatal fall cases that occurred at the Minnesota facility just five months apart – one attributed to a faulty mechanical lift and another to a negligent aide. nursing home injury

The Star Tribune reports the first incident involved a resident who fell while being assisted in the bathroom by a nurse’s aide who reportedly failed to use a gait belt (also known as a transfer belt) on her walker as she made her way to the bathroom. When the woman left the bathroom, she fell and struck her head on a wall, dying from brain hemorrhaging several days later.  The aide later explained she didn’t use the belt because she had forgotten it in another resident’s room. An investigation by the state concluded it was the aide’s fault for not properly using the equipment. She was disciplined with a five-day suspension from work and staffers were retrained on why using the gait belt is necessary.

Then a few months later, another resident suffered a fatal fall after slipping from a mechanical lift – one that nursing home staffers knew had a defective part. In that instance, the state did find the mechanical defect was the problem, but cited the nursing home anyway because there was evidence staffers were aware of those problems and used it anyway. The resident had been placed into the lift, but soon after fell onto the floor when one of the safety tabs popped off, resulting in the harness disengaging, dropping her. She suffered a broken leg, but died days later due to complications. An investigative report indicated the facility did not maintain the machine according to the instructions by the manufacturer. In fact, three of the four lifts in use at the facility reportedly had rubber safety tabs that often cracked or loosened, rendering the machines unsafe. The facility reportedly had no procedure through which to monitor this danger to residents. Continue reading →

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A significant number of elderly and disabled Americans rely on caregivers who are immigrants from varying backgrounds who entered the U.S. under a range of circumstances. Now, tougher enforcement of immigration policies – including deportations of those who entered or stayed unlawfully and an end to programs like the Temporary Protected Status – have many fearing what this will mean for so many of the elderly who rely on these workers for their care. nursing home neglect

Some caregivers are hired by temp agencies to provide in-home care and assistance. Others work in skilled care or assisted living facilities. They are especially prevalent in large cities like Miami, Orlando and others.

For instance, there are approximately 59,000 Haitians living in the U.S. under Temporary Protected Status (TPS) which was granted following a devastating earthquake in that country in 2010. Many of those workers are now employed in low-wage positions, many in health care and a significant portion as home health aides or nursing assistants. However, the Trump administration has announced it will end TPS for these workers by July of 2019. That means people in the program must either leave the country of their own accord or face deportation. Continue reading →

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