nursing home negligence

Published on: January 10, 2016

Nursing Home Patient Privacy Compromised by Staff Social Media Exploits

At first, it seemed like it might be an isolated incident. Nursing home workers were caught posting images or videos of elderly patients that were embarrassing, humiliating and even dehumanizing.

These were clear violations of patients’ dignity, privacy and also in some cases, of the law.

Today, journalism non-profit ProPublica reports there have been nearly three dozen of these incidents across the U.S. in just the last two years. These workers are sharing video clips and image files of residents, in many cases where they are partially unclothed or totally naked. Continue reading →

Published on: January 3, 2016

Report: Nursing Homes Struggle to Care for Obese Residents

By Dean Freeman

People who suffer from obesity grapple with a range of health problems, from diabetes to congestive heart failure.

The number of ailments facing obese adults increase as they age. This has resulted in serious problems at nursing homes throughout the country, where Medicare often refuses to pay more for the specialized care needed for adequate care of obese patients. Kaiser Health News reports this has caused some nursing homes to routinely turn down hospital referrals for overweight patients, but there are concerns this practice violates federal anti-discrimination laws.

A number of hospitals have stepped in to help ease the transition by offering donations of specialized lifts, mattresses and beds. While there is much focus on society-at-large to get fit and lose weight, doctors say there is a segment of the population for which this is not realistic or even advisable. That does not mean they forfeit their right to adequate care. Continue reading →

Published on: December 16, 2015

Lang v. Beachwood Pointe Care Center – $1 Million Nursing Home Negligence Damage Award

By Dean Freeman

The family of a Northeast Ohio woman who died while suffering infected pressure wounds – also known as “bedsores” – has prevailed in its $1 million lawsuit against the nursing home in which she resided at the time of her death. Plaintiffs had alleged the 71-year-old’s death was the result of negligent, reckless and/or intentional acts and omissions.

Specifically, decedent at the center of Lang v. Beachwood Pointe Care Center suffered serious, painful and ultimately fatal injuries when she developed severe pressure wounds that were not properly treated. As her condition continued to worsen, neither her doctor nor her family were notified of her rapid deterioration.

In fact, the family later learned that decisions about her health care were made by non-medical staffers. The failure of the nursing home to provide adequate staffing levels was a core cause of decedent’s injuries and subsequent death, the lawsuit alleged. Continue reading →

Published on: October 13, 2015

Portable Adult Bed Handle Recall Reannounced

By Dean Freeman

Federal safety regulators have issued a reminder to the public regarding a previous recall of portable adult bed handles, which pose substantial risk of injury and death toward elderly and disabled individuals.

The Consumer Product Safety Commission reports at least four women have died using the L-shaped devices manufactured by Bed Handles Inc., a Missouri company. Some 113,000 of the devices were recalled back in May 2014 due to serious risk of entrapment, strangulation and death.

Three cases were reported in the initial reannouncement, and then a fourth was recently added to the figure.

However, there has been less than a 1 percent response rate for the recall, which is why the CPSC decided to reannounce the recall – to make sure word was getting to those who purchased any devices that may still be in use. These devices are used in care facilities to assist patients in pulling themselves up, helping themselves out of bed or keeping them from falling out. Continue reading →

Published on: August 17, 2015

Feds Seek Higher Scrutiny of Blood Thinner Use in Nursing Homes

By Dean Freeman

Federal authorities have issued notice to health inspectors across the country to watch for medication errors in nursing homes related to a blood thinner known as Coumadin.

The announcement cited a recent investigation by ProPublica and The Washington Post in which it was revealed hundreds of patients had been hospitalized or even died in recent years after their nursing home caregivers failed to properly monitor administration of the drug.

Analysis of existing government data showed that between 2011 and 2014, more than 165 residents in nursing homes either had to be admitted to the hospital or suffered fatal illness as a result of medical errors that directly involved Coumadin and warfarin (the generic version of the drug.).

Continue reading →

Published on: August 10, 2015

Nursing Home Neglect at 14 Facilities Prompts PA AG Lawsuit

By Dean Freeman

Yet another states attorney general has taken aim at a large, for-profit elder nursing care provider, alleging serious neglect that denied patients’ basic needs and also falsification of records and deception of state health officials.

This time, it’s in Pennsylvania, with the target being Golden Living, operated by Golden Gate National Senior Care, LLC and managed by a company called The Beverly Group, which operates some 300 nursing homes across the state. None of those are in Florida, but there are many locations across swaths of the South, including three in Alabama and nearly a dozen in Georgia.

In Pennsylvania, where state Attorney General Kathleen G. Kane announced legal action in a 101-page filing, the company operates more than three dozen facilities. Of those, 14 are named in the lawsuit. Continue reading →

Published on: July 25, 2015

Nursing Home Lawsuit Alleges Woman Died From Neglect

By Dean Freeman

An 85-year-old woman who died last year at a nursing home in Maryland reportedly suffered negligence and neglect by staffers who were charged with caring for her.

In a lawsuit filed by her family against a large nursing home chain (which has branches in Florida), the woman’s daughter-in-law reportedly shot video revealing the woman’s cries of pain were ignored for over an hour.

The litigation was filed in Baltimore against ManorCare Health Services, a for-profit chain with numerous locations across South Florida. Not only did nurses and other staffers neglect the decedent, the lawsuit alleges, but they falsified records in order to do so. Apparently, the records kept by nurses at the facility are in direct conflict with what the video footage depicts.

Continue reading →

Published on: July 17, 2015

PA Attorney General Sues 14 Nursing Homes for Negligent Care

By Dean Freeman

The attorney general in Pennsylvania has filed legal action against a large, corporate nursing home provider with 36 locations in that state. Of those 36, Attorney General Kathleen Kain alleges 14 have engaged in deceptive and unlawful business practices, while making a substantial profit off the state.

The chain, which is based in California and has centers in Florida as well as in numerous other states throughout the country, is accused of failing to meet the most basic care needs of residents, despite accepting state dollars (primarily through Medicare) to do so.

In court documents, the attorney general cites dozens of confidential witnesses who allege they were misled to believe their elderly, frail, vulnerable loved ones were receiving excellent, quality care, when in fact facilities were understaffed and patients were at grave risk of harm.

Continue reading →

Published on: July 10, 2015

Morrow v. Fundamental Long-Term Care – Nursing Home Shower Injury

By Dean Freeman

A lawsuit alleging nursing home injury sustained to a patient who was dropped while being assisted into the shower was weighed recently by the South Carolina Supreme Court.

Specifically at issue in Morrow v. Fundamental Long-Term Care was whether plaintiffs – patient and his wife – could appeal an order bifurcating the trial into two – one against the nursing home itself and one against the corporate entity that owns the nursing home.

The court determined an appeals court did err in finding the order was not appealable. That doesn’t mean plaintiffs win their case. It just means they can return to the appeals court to ask for reconsideration on that specific issue.

Continue reading →

Published on: February 24, 2015

Analysis: Racial Disparities Uncovered in Quality of Nursing Home Care

By Dean Freeman

It’s been well-documented that the state of nursing homes in the U.S. warrants improvement. However, a recent, multi-pronged analysis suggests the degree of care received by minorities is markedly below what their white counterparts receive.

The research, published by the Center for Public Integrity, noted some stark differences between nursing homes catering to majority white residents, versus mostly minority residents. For example:

Majority-white facilities had, on average, 60 percent higher rates of registered nurse care levels as compared to Latino-majority nursing homes and nearly 35 percent higher than facilities catering to majority black residents.

Continue reading →