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Nursing Homes Abuse Blog

By Jonathan Rosenfeld

Bed Sore Lawsuit: Facility Failed To Identify & Treat Patient’s Wounds

Posted in Bed Sore Lawsuit

Failure to ID and Treat Wounds now in Legal TroubleMillions of our nation’s senior citizens suffer from painful bed sores every year. For many of these patients, receiving proper care is never an option. They reside within long-term care facilities that are understaffed or contain poorly trained workers. Nursing home employees may not understand how to care for senior citizens who have bed sores or know how to prevent this painful condition.

These excuses do not allow nursing homes and their staff members to escape culpability for their acts. Federal and state laws afford elderly nursing home residents basic human rights. Elderly individuals have the right to receive proper nutrition and care. They have the right to receive care that prevents bed sores, rather than triggers this condition.

Bed Sore Victims Suffer Without Care

Bed sores develop when a nursing resident remains in one position for too long. He or she may lay in a bed for an extended period of time without movement. Bed sores frequently develop on residents who are permanently disabled. These residents depend on staff workers and family members for help with their daily movements. A disabled or weak elderly person may develop bed sores when nursing home workers fail to “change sides” on the individual or provide physical therapy appointments.

Statistics indicate that the development of bed sores is prevalent for patients in a variety of settings. A recent study indicated that up to 28 percent of individuals in long-term care settings may suffer from bed sores at any given point in time. In home care settings, this figure increases to 29 percent of all elderly individuals. In acute care, up to 18 percent of individuals suffer from bed sores.

Despite the development of medical devices and technology, the number of senior citizens suffering from bed sores has only increased. From 1993 to 2006, medical researchers found an 80 percent increase in the number of people who suffered from this painful condition.

Neglect Allegedly Related to New Jersey Woman’s Death

Society can no longer afford to avoid confronting the major issues that bed sores pose to our nation’s elderly population. In North Bergen, New Jersey, infected bed sores were discovered to be the cause of an elderly woman’s death. A recent lawsuit filed by the elderly woman’s death resulted in an award of a $1 million settlement. In 2011, nursing home workers discovered that the elderly woman had developed bed sores. The woman required assistance with eating and daily exercise. Instead of acknowledging the situation, the nursing home neglected the woman and failed to provide her with the care that she needed. Her weight fell, and she ultimately died of a blood infection.

An attorney for the woman’s family found that the woman’s condition may have been remedied with certain basic care. Had the elderly woman received repositioning assistance and proper nutrition, her wounds may have healed. The woman’s early death may have been prevented.

The Risks Associated with Infected Bed Sores

Senior citizens must receive immediate care and assistance when nursing home workers discover that they have bed sores. The sad reality is that many nursing homes seem to want to avoid the issue at all costs. They may allow the condition of a resident to progressively become worse. Your loved one’s health should not be sacrificed in the name of profits for a nursing home facility. Nursing home facilities have a duty to spend additional funds on extra staff or training if necessary.

Getting Help for Your Loved One For Bed Sores

A nursing home abuse attorney can help you if your loved one is in pain and suffering due to bed sores. The minute you notice that your loved one has developed a bed sore, it is time to take action. Time is of the essence when you need to develop an action plan for the continued care of vulnerable elderly individuals with bed sores. A nursing home abuse lawyer may be able to help you expedite the time in which your loved one receives the proper care he or she needs.


Nursing Home Manipulate Data For Higher Ratings

Posted in Nursing Home Abuse

Manipulating Data Can Lead to Higher RatingsTrying to choose the right nursing home for a loved one can be a very difficult endeavor. First and foremost, family members often want to make sure that the loved one will be safe and cared for in the facility. Family members want to make sure that the loved one receives the medical care that he or she needs. Other considerations may entail the quality of facility, amenities and social activities that are made available to the loved one.

When choosing a nursing home for a loved one, family members may be swayed by the ratings that particular facility receives. It is important that family members understand the criteria that is used to provide a nursing home with a certain rating. A recent news article indicates that the ratings provided to nursing homes may not always be totally accurate. Rather, these ratings may be a reflection of certain biases that major organizations like Medicare tend to have.

Recent Inaccurate Medicare Ratings Provided to Nursing Homes

A recent news article published by The New York Times indicates that nursing home ratings may provide misleading information for consumers. The New York Times conducted an examination of the criteria that Medicare uses to provide ratings to nursing homes. The Times found that Medicare does not currently consider complaints filed by consumers or fines imposed upon nursing homes by government entities. A luxury nursing home, Rosewood, received high ratings despite the fact that the facility had received a significant fine for causing the death of one of its patients. Rosewood had received a $100,000 fine for causing the death of a woman who received an overdose of a blood thinner.

Numerous Complaints Filed Against Rosewood

The Times examination also revealed that over 100 consumer complaints had been filed against Rosewood from 2009 to 2013. Another website tracking complaints, the California Advocates for Nursing Home Reform, claims that Rosewood has been the subject of 162 consumer complaints. This figure is over twice the average number of complaints that are filed for nursing homes in California.

Interviews with Residents Reveal the Reality

Individuals from California Advocates for Nursing Home Reform also interviewed individuals who currently reside at Rosewood. The interviews indicated that residents believed that the home warranted a lower rating than five stars. The individuals felt that there was a shortage of quality staff workers to assist them. They also felt that the home did not provide access to basic supplies and necessities. Individuals also indicated that they thought the conditions in Rosewood were not always sanitary.

Improving the Conditions of Nursing Homes

Nursing homes across the U.S. need to improve upon the care provided to residents. Currently, research indicates that one in three residents are the victims of abuse in U.S. nursing homes. These entities must develop a greater commitment to the care of patients rather than earning profits. If the condition of nursing homes continues to decline, residents will continue to suffer.

Ensuring Patients Receive Quality Care

Under federal law, patients have the right to receive quality care. This means that a nursing home is under a legal obligation to hire enough staff workers to care for patients. When a nursing home is understaffed, patients can be left without adequate care. They may not receive the proper nutrition that they require. They may not receive the medications that they need. In addition, nursing homes may resort to the use of chemical or physical restraints when they are understaffed. If you notice that your loved one is not receiving the care that he or she needs from staff workers, it may be time for you to file a complaint. Your loved one’s nursing home may need to hire additional staff members to deliver proper care that he or she requires.


Contact nursing home abuse lawyers today to receive immediate help for your loved one. Our attorneys are ready to investigate the circumstances behind your loved one’s case.

Short-Term Nursing Home Admission Proves Deadly for Patient

Posted in Respite Care

Nursing Home Patient Staying a Short While DiesNeglect is one of the leading causes of death for nursing home residents in the United States. Nursing home staff workers have a legal obligation to provide consistent care to residents. When staff workers fail to check up on nursing home residents, the residents ultimately suffer. Residents may develop pressure sores, illnesses, and disabilities, or suffer from malnutrition as a result of neglect.

If your loved one has suffered due to a lack of proper care in a nursing home facility, then it is up to you to take action. You should get in touch with an experienced nursing home abuse lawyer who can assist you in filing a complaint against the facility. Nursing home abuse attorneys can ensure that authorities pursue the appropriate action against the parties responsible for the care of your loved one.

Lack of Proper Care During a Recent Short-Term Stay

In a recent tragic case, a woman was placed in a Bloomington nursing home after receiving care in the emergency room. The purpose of placing the woman in the nursing home was so that she could receive rehabilitation care. In just a few days, the woman suffered from breathing issues and rapid weight gain due to neglect by nursing home staff workers. The woman was placed in the Presbyterian Homes of Bloomington, and staff workers failed to provide consistent check-ups on the woman. As a result, no one noticed that her health had rapidly declined.

Investigation by the Minnesota Department of Health

The Minnesota Department of Health investigated the circumstances behind the death of the woman. A report published by the Minnesota Department of Health stated that the woman’s health had not been adequately monitored. In addition, the report alleged that nursing home staff workers had failed to respond in a timely manner to the woman’s health complications.

The Response of the Nursing Home

When the woman’s condition worsened, family members were prevented from staying overnight with her. Under federal regulations, a nursing home has a legal obligation to provide a patient with the right of access to his or her family members. By preventing the woman with access to visitation from her family members, the nursing home was likely in violation of federal laws. Had the woman’s family members been allowed to visit with her, they may have been able to speak with the victim and record her observations about the neglect.

A Lack of Proper Reporting of Cases Involving Abuse and Neglect

The National Center on Elder Abuse reports that only one in 14 cases of elder abuse is ever brought before the authorities. One of the reasons for this low statistic is that family members may be unaware that a patient is the victim of abuse or neglect. They may also not be aware of the proper method of reporting an abuse complaint to the authorities.

Illinois legislators have sought to make the process of filing an elder abuse complaint much easier for family members. Family members and others will now have the opportunity to file elder abuse complaints by using an online system through the Illinois Department of Public Health. Elder abuse attorneys may also be able to assist family members in understanding the proper method of filing neglect or abuse complaints.

Don’t Hesitate to Call Elder Abuse Lawyers

It is important that you do not wait to call elder abuse lawyers when your loved one is a victim. It is necessary to take immediate action when a loved one is suffering from abuse. Putting an end to the abuse should be the forefront of your consideration, as well as ensuring the loved one receives proper care. You may have a claim for compensation on behalf of the life of your loved one. Contact an elder abuse lawyer today to learn more about the legal rights of your loved one.


Technology Promises to Reduce Medication Errors in Nursing Homes

Posted in Medication Errors

Technology to Help in Medication Times in Nursing HomesOne of the major issues impacting patients is medical malpractice involving medical errors. Every year, millions of patients receive the wrong medications. Patients can face increased risks when they receive the wrong medication in a nursing home facility. Often, nursing home patients are elderly and weak. They may have weakened immune systems that are unable to handle the wrong medication. In some cases, providing the wrong medication to patients can also have fatal results.

It is important that society address the multi-faceted types of abuse and neglect that nursing home residents now face. In addition to neglect or malnutrition, nursing home residents may suffer from adverse effects when a doctor prescribes the wrong medication. Researchers have attempted to find solutions to this issue in order to improve upon nursing home reform. As long as researchers remain committed to finding solutions to this form of medical malpractice, the care of nursing home patients may improve in the future.

The Development of MedEye

Two recent MIT graduates have developed MedEye as a solution to the issue of providing the wrong medication. MedEye is a medication-scanning system that that uses a special type of vision to go through the records of a patient. The vision technology scans the medication records of a patient to ensure that the pills match the records. Dutch researchers have discovered that 10 percent of all MedEye scans reveal medication errors in patient files. It seems that MedEye will improve upon medication verification in a drastic manner in the future.

Scanning Pills for Patients

The way in which MedEye functions is that the device physically scans pills that are placed in it. The device measures the pills that are placed on the tray. Nurses are able to quickly determine whether a patient has the right medication prescription.

The major obstacle that hospitals now face is the installation of MedEye and similar types of technology. The technology can be expensive, and hospitals need to be willing to make this investment. In the nursing home industry, it seems unlikely that facilities will be latching onto this new technology. Many nursing homes are driven by profits and fail to properly address the care that their patients require. It does not seem likely that nursing homes will be willing to invest significant funds in MedEye technology to provide the right type of care for patients.

Increasing the Efficiency of Nursing Homes

An argument can be made that MedEye technology may increase the efficiency of nursing homes. These facilities will no longer have to commit resources to handling lawsuits involving medical malpractice. Nursing homes will be able to potentially save millions of dollars by investing in the MedEye technology. Nursing home administrators should not automatically dismiss this technology as being too expensive.

When nursing homes are able to ensure that patients receive the proper medication with MedEye technology, they do not have to hire extra workers for the disbursement of medication. Nursing homes may need to use extra workers for the process of determining which medications patients should receive. With the MedEye technology, it is likely that nursing homes will not have to go through this laborious process.

Improving Nursing Home Care for the Future

Nursing homes need to remain committed to continually improving upon the type of care that they provide to workers. In recent years, nursing homes have been unable to improve upon rates of neglect and abuse. Millions of patients continue to be the victims or abuse and neglect in nursing homes. It is vital that society recognize the vulnerability of our elderly citizens and actively seek to protect them through the law.

Contact Nursing Home Abuse Lawyers Today If You Loved One Has Suffered Harm Related To A Medication Error

Nursing home abuse lawyers are here to help your loved one. We believe in fighting for the legal rights of elderly citizens who have been abused or neglected in nursing homes. Don’t wait until the abuse worsens to get the legal help that you need.


Ignored Alarm On Ventilator Patient Results In Criminal Charges

Posted in Ventilator Patients

In June 2014, criminal charges against a nursing home were issued for nine workers, including the head administrator, involving the death of one of the residents. A New York State, Suffolk County grand jury issued a 46-count indictment alleging abuse and neglect. The Attorney General’s office in charge of the case brought the original criminal charges against the nursing home.

The charges allege that neglect at the 320-bed nursing facility Medford Multicare Center for Living caused the death of a patient under their care. Additional charges include patient abuse, physical evidence tampering, falsifying business documents and records and obstructing a government agency along with endangerment of an incompetent individual.

Ignoring Doctor’s Orders

The criminal case involves the October 2012 death of 72-year-old Aurelia Rios, a hospital-released patient transferred to the nursing facility due to respiratory issues. On doctor’s orders, Aurelia needed to be connected to a ventilator throughout the night to assist her breathing. According to officials, the indicted employees’ ignore the doctor’s orders, which allegedly led to her death.

Electronic equipment monitored Rios’ breathing throughout the night, and could set off an alarm to alert the staff in the event of a breathing issue. The alarm set off every 15 seconds and continued for several hours. Unfortunately, the staff ignored the warning alarms even though a nurse sat only a few feet away from a computer signaling the alarm. Eventually, Aurelia Rios died as a result.

It is believed that the administrator of the facility deleted all alarm records on the computer in an attempt to conceal evidence of how Rios died. The employees are on paid leave while awaiting the outcome of the criminal case.

An Attempted Cover-Up

Attorney General Eric Schneiderman has indicated that the alleged actions involved in this criminal case shows that the state of New York will not tolerate negligence in nursing facilities. The employees and the administrators are also criminally charged for attempting to cover up the details of Rios’ death.

In addition to the “willful violation of health laws,” a misdemeanor, the defendants could also be found guilty and sentenced for criminally negligent homicide. Each defendant could receive a maximum penalty of four years in prison, if found guilty of all charges.

Previously Cited Violations

This is not the first time the Department of Health (DOH) has cited the nursing facility for deficiencies. As the result of an inspection in August 2012, DOH officials discovered a failure of the Medford Multicare Center for Living facility to provide necessary bedsore treatment to one of their dementia patients, which can lead to serious life-threatening infections without proper care.

Additionally, investigators for the Department of Health noted another failure to respond to a behavior-challenged dementia patient’s immediate needs. According to the detailed care plan designed for the patient, staff was instructed to perform behavioral issue intervention using therapeutic remedies whenever the dementia patient was agitated or upset.

On another occasion, an inspector for the DOH observed a Medford Multicare Center for Living resident screaming for assistance while in the dining room unattended. A social worker ignored the pleas for help repeatedly, while positioned close by at a nurse’s station.

In addition to criminal charges, a civil complaint has been filed detailing how the home’s owners generated millions of dollars in profit at the expense of persistent neglect of residents in care.

Hiring an Attorney to Investigate & Prosecute Nursing Home Injuries

Unfortunately, nursing home resident neglect happens everywhere, including in the Chicago area, even when children and grandchildren choose a seemingly loving, caring facility. Family members will usually consider all available options and locate a nursing home to provide much-needed care to a loved one. The decision is often based on believing that the nursing home will provide the basic requirements of the resident in a safe environment, free of harm. However, when neglect happens it often leaves Illinois residents with serious injuries or dead.

The neglectful actions of a nursing home employee can occur in a variety of ways including through an error or mistake, preventing adequate delivery of necessary medication, withholding medications or stealing drugs for personal use. Other neglect can occur by the nursing home staff being inattentive, refusing food or toileting, sexual abuse or even physical or emotional attack. Neglected nursing home residents can suffer a variety of life-threatening conditions including stroke, heart attack, embolism, loss of mental faculties, infections, bedsores and severe pain.

If your loved one has suffered neglect in a nursing home, Rosenfeld Injury Lawyers can help. Our law firm can stop the abuse immediately and provide legal options for compensation obtained through all responsible parties. Call our law office at (888) 424-5757 for a free initial consultation.

Elderly with Hip Fractures in Nursing Homes Face Grim Prognosis

Posted in Hip Fracture

Hip Fractures in the Elderly Can Have a Hard RecoveryWhen an elderly person is injured in a nursing home, his or her chances of survival can become slim. If the nursing facility is understaffed or lacks resources, an elderly person may be unable to ever properly heal from his or her injuries. Nursing home workers may not be attuned to the needs of the injured victim. They may fail to notice the development of an infection or other serious health issues.

It is important that you pay attention to the recovery of your loved one in a nursing home. If your loved one has been involved in an accident or fall, you should make sure that the nursing home delivers the care that your loved one requires. Federal and state laws mandate that nursing home residents receive adequate care. Under the Nursing Home Reform Act of 1987, nursing home residents have the right to reside in a facility free from abuse, neglect and mistreatment.

Statistics Indicate Poor Survival for Residents with Hip Fractures

Nursing home staff workers have a legal duty to respond to the needs of a resident when he or she has been injured. They must seek to “accommodate” the “medical, physical, psychological and social needs” of patients in a facility under the NHRA. Unfortunately, a recent research study indicated that nursing home residents tend to have a poor survival outcome if they have suffered from hip fractures. It seems that nursing home workers may be failing to live up to their responsibility to deliver quality care. It seems that nursing homes are increasingly finding ways to avoid the extra cost and burden of caring for residents who have suffered hip fractures.

Researchers studied data from Medicare claims from 2005 to 2009. Their analysis of this data indicated that 36 percent of patients died after 180 days with a hip fracture. Over 53 percent of patients with hip fractures suffered new levels of dependence after 180 days with the injury .

Neglect in the Nursing Home

In the majority of hip fracture cases, a patient does not receive the care that he or she needs due to the neglect of nursing home staff workers. These individuals may not be properly trained or able to recognize that a resident has a hip fracture. In some cases, a nursing home may have inadequate staffing levels. A worker may not have time to check up on the needs of a patient with a hip fracture. He or she may downplay the seriousness of the injury.

Family Members Must Step In

Family members need to understand that they play a monumental role in assisting a loved one who has received a hip fracture. Family members may need to intervene to make sure that the loved one receives the care that he or she needs. Nursing home facilities may not take action until a formal complaint has been filed with the authorities. Family members may need to take advantage of online reporting systems to ensure that a complaint involving a loved one is properly handled.

Illinois is one of the first states to implement an online reporting system for the handling of complaints related to elder abuse and neglect. The online reporting system allows family members to instantly file a complaint alleging abuse or neglect with the Illinois Department of Public Health. The IDPH will then investigate the nature of the complaint. The IDPH may send investigators to the nursing home facility to ensure that a loved one receives the care he or she needs.


If your loved one has suffered from an injury in a nursing home, it is important to act fast. Your loved one’s condition may worsen if he or she has received a hip fracture. It is up to you to hold nursing home administrators accountable for the care that your loved one receives. Contact our nursing home abuse lawyers to receive help in filing a formal complaint.


Hidden Cameras Allow Families To Track Care In Nursing Homes

Posted in Nursing Home Abuse
Cameras are Hidden to Track CareWhen someone we care about is admitted into a nursing home, we expect him or her to be safe. Many of us see these facilities as a safe haven for elderly relatives and aging parents, a place where they have onsite doctors and nurses and healthcare management to provide the much-needed personal care and attention they need. We expect that the staff in these facilities treat our elderly citizens with respect, dignity, and kindness. What happens when this is not the case?

A case that garnered media attention

One of the most important cases to highlight the importance of hidden cameras in nursing homes is the tragic story of 96-year-old Eryetha Mayberry. Initially, family members put camera in her room because they were afraid someone was taking her belongings. However, the found footage depicts Lucy Gakunga, a former nursing home aide, forcing latex gloves into Mayberry’s mouth, jerking her out of her wheelchair, forcibly shoving her head down onto the bed to get her to lie in bed, and pushing and taunting the 96-year old frail dementia patient.

Despite the fact that Ms. Gakunga has since been found guilty of elder abuse and neglect, it is important to remember that if these family members did not have prior (completely separate) suspicions, this case would is likely to have remained undocumented.

A change made for the better

Partly because of the outcry over the Mayberry case, Oklahoma Senate Bill 587 was introduced and signed into law. This made Oklahoma one of three states (the other being Texas and New Mexico) that would explicitly allow residents who live in long-term care facilities to install surveillance cameras in their rooms. While at least five other states have considered similar legislation in the last two years, these three states are the only ones that have written it into law.

These types of recordings can certainly make an impact. Aside from the arrest of Ms. Gakunga, similar horrific scenes of nursing home abuse have been captured in Pennsylvania, New York, New Jersey, Texas, and several other states. Oftentimes self-monitoring is the only remaining solution for relatives and loved ones who feel that the authorities are not taking their claims of nursing home abuse seriously.

The only way to capture the abuse/neglect

It is important that the signs of neglect and abuse may be obvious to families, but that does not mean that they would be able to charge someone with a crime and force the facility to make a change. The only way to do so is to capture the abusing/neglecting party ‘red-handed’ and that can be done by using hidden cameras.

Preventative measures

One often heard claim from unions is that secret monitoring violates the employees’ right to privacy. While residents can expect privacy (the nursing home is essentially their room), the same cannot be said about workers. Workers cannot assume that their actions are going unrecorded. This may also serve as a deterrent for abuse, especially if staff members are unsure where cameras are.

Does it fix all problems?

While hidden cameras may weed out aggressive or unsuitable workers far more easily, it does not necessarily address all the problems that remain at many of these long-term care facilities. While they are a great step in the right direction, proper training and staffing are ultimately far better ways to guarantee quality of care.

Court Slashes Nursing Home Negligence Verdict

Posted in Litigation

In June 2014, the justices of the West Virginia Supreme Court slashed the $90 million verdict awarded to Dorothy Douglas in her Charleston nursing home abuse case. Even though the justices called the conduct of the nursing home “reprehensible,” the estate of Ms. Douglas was awarded $32 million instead. When ruling on the nursing home negligence verdict, it was the justices’ claim that the nursing home placed corporate profits ahead of the needs of the Charleston residents.

In an opinion by Chief Justice Robin Davis, claims were made that the nursing home owners denied authorization of using additional staff to ensure basic life-sustaining requirements were met for the plaintiff and all of the nursing home residents. It was Justice Davis’ opinion that the residents in the Charleston nursing home are West Virginia’s “most vulnerable” citizens.

A Duty to Provide Care

In 2011, jurors heard evidence in the Kanawha County courtroom in a trial presided by Judge Paul Zakaib, lasting almost two weeks. Jurors concluded that the Heartland of Charleston nursing home failed in their duty to provide care and feed Ms. Douglas, who was a resident for approximately three weeks.

The jurors awarded $11.5 million to the estate of Ms. Douglas and her son along with punitive damages of $80 million. The nursing home lawyers argued that the case should have been subject to West Virginia’s medical malpractice caps for all claims alleged against the Charleston nursing home and its staff. The state’s Medical Professional Liability Act (MPLA) limits the financial compensation to $500,000 or less for any non-economic damage awarded to lawsuit plaintiffs involved in medical malpractice cases.

However, a ruling by the judge in the case indicated that only a small amount of the nursing home negligence verdict should be subject to West Virginia’s medical malpractice caps. As a result, Judge Kakaib reduced the jurors’ award of $91.5 million to approximately $90.5 million, prior to an appeal before the higher court.

Compensatory and Punitive Damages Award

The West Virginia Supreme Court justices ruled 4 to 1 to reduce compensatory and punitive damages awarded to Ms. Douglas’ estate. In addition, the justices stated that the punitive damages awarded to the plaintiff should not be restricted by the state’s medical malpractice cap for any damages incurred.

Ms. Douglas’ estate and her son can either accept the reduced amount or ask the West Virginia courts to hear a new trial based on the Supreme Court’s order of deciding punitive damages in the case. In their stated opinion, the justices found no error in the conclusion of the Circuit Court in awarding the large punitive damages as a necessity to remove the nursing home owners’ profitability while conducting wrongful conduct. It was the justices’ opinion that the owners achieved greater profits by minimizing the number of employees it would have needed to pay.

The profits generated by the corporation were gained at Ms. Douglas’ expense along with the other residents who did not receive adequate care. The failure of the company to provide adequate staff was directly connected to the neglect endured by Dorothy Douglas. It was proved that the severity of negligence by the facility and staff directly resulted in her death.

The West Virginia Supreme Court justices indicated that the form of the nursing home negligence verdict was too vague in scope. As a result, the justices felt justified in throwing out the original claim. An earlier opinion made claims that lawyers representing the estate of Ms. Douglas did not properly submit paperwork before filing the plaintiff’s case, as is required by the West Virginia Nursing Home Act.

Medical Negligence

Attorneys representing the defendant (Heartland of Charleston) along with Manner Care, its parent company, argued that the state’s statute on medical malpractice caps defines nursing homes to broadly, indicating it is a healthcare facility. As a result, any negligence from the staff is improperly deemed medical negligence. However, attorneys for Ms. Douglas argued that a nursing aide is not necessarily defined as a healthcare provider as defined by law.

The plaintiffs are considering accepting the amount, indicating that the lawsuit was never filed for the compensation. The plaintiffs’ attorneys believe that the lawsuit demonstrated that intentional and reckless actions harming parents and grandparents in West Virginia will result in legal action to hold responsible parties accountable.

Hiring an Attorney

Unfortunately, abuse in nursing homes is all too prevalent. Studies indicate that nine out of every 10 nursing home residents are not receiving the care they require, and that three out of every 10 nursing homes in Illinois have received a citation for abuse.

Rosenfeld Injury Lawyers at (888) 424-5757 specialize in medical malpractice and nursing home abuse cases. The legal team has assisted numerous abused victims to obtain justice while obtaining financial compensation.

World Elder Abuse Day: Why Bother?

Posted in Nursing Home Abuse

Everyone, especially the elderly, deserves to be treated with dignity in a safe environment. Unfortunately, too many older Americans are neglected, abused or exploited. Research indicates that 10 percent of elderly individuals 60 years and older will be the victim of some type of abuse every year. Sadly, less than one in 10 elder abuse cases are ever reported to an authority. However, World Elder Abuse Day participants are bringing awareness to the problem of serious prevalent harm to senior citizens.

Defining Abuse

Elderly abuse does not always occur physically, but can happen emotionally, financially or through neglect. As senior citizens age, their bodies often become physically frail, making it more challenging to fight back to protect themselves when attacked, or guard against bullying. Their physical limitations often make it challenging to hear or see, and their mental acuity might be impaired, which often makes thinking clearly difficult. As a result, unscrupulous individuals can prey on the elderly to take advantage of them through physical, emotional or financial ways.

Many elderly individuals across the nation, including in Illinois, are routinely abused, and often suffer harm from individuals who are directly responsible to provide their care. The senior is often subjected to threats, intimidation, neglect and/or financial deception.

  • Physical Abuse – The law defines physical abuse against an elderly individual as an intentional use of force causing impairment, injury or physical pain. The abuse can occur in ways other than physical assault like shoving or hitting, through an inappropriate means of confinement, restraint or use of drugs.
  • Emotional Abuse – Individuals causing emotional abuse to the elderly might involve threatening or speaking in a manner that causes distress or emotional pain. Often considered psychological abuse, intimidating or threatening words spoken to the elderly can occur as yelling or by ridiculing causing humiliation. It can also involve a scapegoat attack through habitual blaming. Nonverbal psychological abuse can take place through ignoring the person, isolating them from activities or friends, or menacing (terrorizing) the senior.
  • Sexual Abuse – This type of abuse involves sexual conduct with the senior without his or her consent. It can involve a physical sex act, and/or exposure to pornographic material, forcing them to undress or watch sex acts.
  • Neglect – Whenever a caretaker fails to fulfill their obligations to the elderly individual, it is often deemed neglect. The action or omission of action can be intentional or unintentional. Neglect is often based on a variety of factors including denying the level of care the elderly individual needs, or ignoring it.
  • Financial Exploitation and Deception – Others often financially exploit elderly individuals through unauthorized use of their property or funds. It can occur by misusing bank accounts, credit cards and checks, or stealing money, household goods, or the elder’s identity. Numerous rackets specifically target the elderly including phony charities, paying money to claim a prize, or investment fraud.

Growing Numbers of Elderly Abuse

As the American population continues to grow older, elder abuse numbers continue to rise. Research estimates indicate that nearly 80,000 Illinois residents are victims of elder abuse, and less than 10 percent of all senior abuse occurrences have been reported to authorities or agencies including Adult Protective Services. The abuses involve:

  • Alleged financial exploitation (more than 50 percent)
  • Alleged passive or active neglect (more than 45 percent)
  • Alleged emotional abuse (more than 45 percent)
  • Alleged physical abuse (more than 25 percent)

Often times, witnesses of elder abuse turn a blind eye and do not take steps to prevent the negligence being caused by medical staff, nursing home employees, family members or supposed friends. In fact, many elderly individuals suffer abuse at the hands of others in their own homes, at the home of relatives, or at facilities that are paid to be responsible for providing care.

Getting Involved

Since June 2006, hundreds of thousands of individuals have become involved in participating in World Elder Abuse Day as a way to raise awareness on economic, social and cultural processes that affect elder neglect and abuse. The special day of celebration provides the opportunity or call to action for communities, organizations and individuals to increase awareness about elders in their community that are being subjected to neglect, abuse and exploitation. Every active participant can make a difference to improve the community and the nation.

If an elderly loved one is suffering abuse and neglect from others, it is essential to call the Rosenfeld Injury Lawyers at (888) 424-5757 to speak with an attorney today. Our nursing home neglect attorneys specialize in abuse cases. Our law firm can hold responsible parties accountable for the injury, humiliation and pain caused to your loved one, and stop the neglect and abuse immediately.

How Quickly Can Bedsores Develop on a Nursing Home Patient?

Posted in Bed Sores, Pressure Sores, Decubitus Ulcers & Pressure Ulcers

Decubitus ulcers, commonly referred to as bedsores or pressure ulcers, develop in individuals that are chair bound or bed bound for an extended period. Many ulcers begin forming in as little as a week when lying or sitting in the same place. On average, bed sore developing skin ulcers become serious in less than a month of being bound to a chair or bed.

Bedsores on the skin are caused by continuous pressure and irritation at any specific location on the body. However, bedsores tend to be common on a prominent bony area including the buttocks, hips, elbows, back of the head, shoulders, lower back and heels. Bed sores can be minimized when taking preventative measures including changing body position whenever possible to relieve pressure.

Most Common Bed Sore Occurrences

Bed sore developing ulcers are often a common occurrence in hospital patients. Research indicates that as many as five percent of individuals admitted to a hospital, nursing home or health care facility can develop a pressure ulcer within a week or two. The most common bedsore occurrences happened by a variety of reasons including:

  • The patient is not very mobile and unable to change body position
  • The patient is seriously ill, such as patients in ICU (intensive care unit)
  • Individual suffering a spinal cord injury and are unable to feel or move the legs and/or arms
  • Individuals with a poor diet
  • Individuals wearing a plaster cast for a broken limb, a body brace or prosthesis (artificial limb)
  • Smokers
  • Individual suffering from diabetes that lose the ability to sense pain or major discomfort
  • Individuals suffering incontinence of feces or urine where the skin remains damp, increasing the potential of damage
  • Individual suffering heart failure or COPD (chronic obstructive pulmonary disease)
  • Those with rheumatoid arthritis, Parkinson’s disease or Alzheimer’s disease
  • Individuals who have recently undergone hip surgery or nursing a broken hip
  • People with poor circulation in the arms and legs (peripheral vascular disease) where the arteries are narrowed by atheroma

Identifying a Bed Sore

Decubitus ulcers often appear in various stages depending on severity. Medical care identifying or grade the sore, based on the depth of the ulcer.

  • Grade #1 – The patient’s skin appears permanently red but has no crack or break in the surface. Often times, the area feels warm and hard to the touch, and slightly swollen. Individuals with dark skin often have bedsores that are blue or purple in color.
  • Grade #2 – The bedsore appears superficial much like an abrasion or blister.
  • Grade #3 – The decubitus ulcer penetrates throughout the entire thickness of the patient’s skin where obvious damage appears in underlying tissue.
  • Grade #4 – This type of ulcer is the most severe, where the sore is deep with significant damage to the bone and muscle beneath.

Preventing Bed Sores

The National Institutes of Health (NIH) recommends consulting a healthcare provider as soon as possible whenever a noticeable bedsore appears. This is because surgery is usually required to repair and heal this kind of wound. The healing process of a decubitus ulcer often involves:

  • The ulcer is becoming smaller in size
  • The sore starts to develop pink tissue along its edges while increasing in size toward the center
  • During the healing process, noticeably healing signs include bumpy or smooth surfaces of new tissue growth
  • Bleeding can be present at the site indicating good blood flow circulation to the damaged area to promote and escalate healing

However, many bedsores do not heal without medical treatment. Often times, noticeable signs of necessary medical care can appear. These signs can include:

  • Significant drainage at the ulcer site or an increase in its size
  • Increase redness at the site or black areas beginning to form
  • A noticeable odor and/or extensive drainage with a green color at the sore site
  • Any indicator of a fever

Healthcare Provider Neglect

Anytime a bedsore is neglected in a hospital, nursing facility or assisted living home, it can be life-threatening. Many victims of abuse or neglect can develop an infection that can easily spread to the bone, heart and blood. Serious neglect of the decubitus ulcer can lead to amputation or autonomic dysreflexia (overactive autonomic nervous system).

Placing a loved one in a nursing home for necessary care requires a level of trust. Unfortunately, whenever the trust is violated, the love one can suffer a variety of serious injuries including debilitating bedsores. When this happens, it is important that family members hold the nursing home accountable for their negligence and abuse.

The legal team at Rosenfeld Injury Lawyers at (888) 424-5757 is experienced in nursing home negligence cases involving serious injuries. We offer free consultations to evaluate the circumstances surrounding all treatments or lack of treatment to assist in obtaining financial compensation for your loved one.

Nursing Homes Abuse Blog