Articles Tagged with Orlando nursing home negligence

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A new state report blames a nurse and a nursing home for a medication error that proved deadly to a 53-year-old short-term resident. The Star Tribune in Minnesota reports the patient received a dose of powerful pain medication that was 20 times too potent, resulting in his death. 

After receiving the wrong dose of the medication one evening before bed, he probably died shortly thereafter. However, paramedics weren’t called until the following morning, which would seem to indicate that the issue wasn’t discovered until that time. He was pronounced dead at the scene.

Although the nurse who delivered the fatal dose of oxycodone was first on the state health department’s list of those responsible, investigators also pointed the finger at the facility, which reportedly did not have a system that would track changes in the way powerful, high-risk medications – including painkillers – would be given to patients. The facility was fined a sum the state hasn’t disclosed, but has been allowed to remain open after adopting new medication protocol.  Continue reading →

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A woman in Oregon has filed a $2.7 million lawsuit against a nursing home, as well the physical therapy and hospice providers who were on contract with the facility, for alleged negligence resulting in the death of her elderly mother and stepfather. 

According to The Register-Guard, the woman alleges in her wrongful death lawsuit that administrators and therapists at the facility failed to meet the needs of her parents, ages 91 and 92, and that this failure resulted in their premature deaths, just weeks apart from one another.

Plaintiff’s stepfather was 92 when he died in late 2014, and her mother was 91 when she died just a few weeks later. Plaintiff is the representative for the separate estates of both parents, who had each previously been diagnosed with dementia and were deemed a serious fall risk. Even though the nursing home had this knowledge, plaintiff asserts, staffers failed to prevent them from falling numerous times, leading to serious injuries and the acceleration of their deaths.  Continue reading →

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Authorities are investigating the death of an elderly Florida nursing home resident who may have died of possible sun exposure after he was reportedly left outdoors for an extended period of time. 

According to Health News Florida, first responders in Pinellas Park were called to a nursing home to treat a 65-year-old man who had sustained second-degree burns on his body. His abdomen was reportedly covered with blisters. Paramedics who arrived noted the man was severely dehydrated. Soon after, he went into cardiac arrest and died.

Detectives are trying to ascertain why the man was outside, how long he was outside for, whether he was being supervised and whether he may have been a victim of nursing home abuse and negligence.  Continue reading →

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A new report released by federal regulators indicates that the percentage of nursing homes that receive spotless deficiency records is increasing. That means, according to the Centers for Medicare & Medicaid Services, that nursing home residents may be receiving better care on the whole. 

Of course, that’s not to say nursing home abuse, neglect and negligence is no longer a problem. Indeed, relatives and loved ones must still remain vigilant.

But the latest information from the Nursing Home Data Compendium for 2015 is encouraging in some aspects.  Continue reading →

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A nurse in Alabama recently pleaded guilty to elder abuse after she reportedly failed to inform her employer that she had committed a medication error by giving a nursing home patient the wrong drug. 

The 53-year-old licensed practical nurse (LPN) pleaded guilty to reckless abuse of a protected person. Although it was not an intentional act, the fact that the nurse failed to report her action put the patient at serious risk. In fact, the patient almost died.

This kind of medication error in nursing homes is a serious and unfortunately common problem. The U.S. Food & Drug Administration (FDA) defines “medication error” as any preventable event that may cause or lead to inappropriate medication use or patient harm while the medicine is in control of the health care professional, patient or consumer. Continue reading →

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For some, being given the wrong dinner is a matter of simple annoyance. For a substantial number of residents in nursing home and long-term care facilities, it could be fatal. 

In a recent nursing home negligence lawsuit filed in Minnesota, the family of an 88-year-old woman who died following an Easter Sunday meal three years ago alleges her death was preventable, and occurred because she was given the wrong food. The complaint points the finger at least partially at a computer malfunction.

Decedent, known widely by the nickname, “Toots,” suffered from dementia and was placed on a dysphasia diet. That meant it was imperative she receive only pureed food. She didn’t get it that day. It was her last meal. Continue reading →

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The 73-year-old man from Detroit was mentally impaired, struggling with dementia. He was also physically impaired, and needed a wheelchair to move around. These were the reasons why he was living in a Michigan nursing home in the first place. 

Then, last month, the man reportedly wheeled himself out of the facility. No one stopped him. No one caught him. The following day, construction workers found him dead inside a Dumpster.

Now, just a few weeks have passed and his family has filed a lawsuit against the facility, alleging negligence proximately resulting in the man’s death. They probably have a strong case. Continue reading →

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A consumer advocacy group is suing the state Health & Human Services Agency, alleging a systemic practice known as “patient dumping” – or illegally refusing to re-admit nursing home patients on the state subsidized healthcare program known as Medi-Cal after a hospital stay.

The lawsuit, Anderson et al v. Dooley et al, asserts as many as half of the nursing homes are illegally refusing to readmit patients after they are discharged for temporary care out of the facility. The goal of these facilities, allege plaintiffs, is to shed these patients in favor of either private pay patients or those who receive Medicare. For care of the latter, these facilities would pocket more money.

Federal law would require that a nursing home refusing readmission following temporary care allow for an appeal hearing. Further, states re required to enforce the decisions made at that hearing. These legal obligations were reportedly explained to the state health department explicitly back in 2012.  Continue reading →

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In NC Leasing LLC v. Junker, a state high court ruled it was erroneous in a nursing home negligence case to deny a motion to compel arbitration simply on the basis of forum unavailability. Instead, the trial court should have held a hearing to determine the agreement’s validity. The case was remanded to trial court to do just that.

This is one of a growing number of cases involving nursing home patients, their loved ones and arbitration agreements, which have become increasingly common in the nursing home admission process.

These agreements deprive residents of the right to bring action in a court of law, and instead route them to a forum of binding arbitration, which is generally confidential and often less favorable to plaintiffs. New nursing home residents or their loved ones often sign these agreements in the stack of admission documents, not quite realizing what they are signing. But the effect on their ability to seek compensation in the event of negligence, neglect or abuse is substantial. Continue reading →

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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.).

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