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Articles Tagged with West Palm Beach nursing home abuse

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Jurors overhearing a recent nursing home neglect case were so horrified by the details, they awarded $30 million in damages – $28 million of that being punitive damages against the nursing home, its two owners and related companies. gavel6

Such damage awards aren’t necessarily the norm. In fact, most nursing home neglect lawsuits are settled prior to trial. However, plaintiffs are increasingly becoming emboldened to take action against staffers and facilities that fail to provide proper care to them and their loved ones. The clear message is that substandard care of our most vulnerable citizens is unacceptable, and nursing homes that try to cut corners with reductions in staff and poor training are ultimately going to pay for it.

Most of the cases involve injury or death from falls, fractures, pressure sores, dehydration, malnutrition or a delayed response to certain infections. These are often very complex and challenging cases because usually the primary witness – the elderly victim – is either deceased or has diminished mental capacity. But when they are successful, plaintiffs are finding they can often result in substantial compensation. Still, most plaintiffs aren’t actually in it to recover money. Really what they are looking for is to prevent the same thing from happening to someone else. They don’t want someone else to endure what they and their loved one have.  Continue reading →

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The patient was not yet 70. He’d had a stroke and was recovering at a Massachusetts for-profit nursing home. A week after he arrived, staffers dropped him while transferring him from a bed to a chair. Staffers called 911, but canceled the call when he seemed to stabilize. That night, though, he became unresponsive and he was rushed to a hospital. The fall had caused a brain bleed, and he died several days later.holdingpen

His son hired a lawyer who thereafter discovered a pre-dispute arbitration agreement, as are forced in front of patients and loved ones upon admission, stripping them of the right to a civil trial if something goes wrong. Thankfully, the court found a provision in the agreement rendered it unenforceable.

But we are bound to see more cases like this, as a growing number of facilities are purchased by for-profit corporations, which then have almost complete control over our most fragile and vulnerable. These huge corporate entities amass major profits, and the business models are more geared toward making money than helping those who are gravely sick, physically disabled and cognitively impaired. Continue reading →

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