"Are there limits on the compensation the victim of nursing home injury can recover?"

"Are there limits on the compensation the victim of nursing home injury can recover?" Asks Nancy of Palos Heights, Illinois with a pending claim against a Chicago nursing home involving her fathers wandering from a nursing home.

No.  There are no monetary limits on the damages available for victims of nursing home abuse and neglect.  You are entitled to whatever a judge or jury determines to be fair and reasonable compensation.  A jury may award damages for both past and future: medical expenses, pain and suffering, disability and loss of a normal life.  In the case of wrongful death, a jury may award damages for loss of society to the family of the deceased.

However, there are important issues that impact the amount of compensation an injured person or the estate of deceased person may receive.  The first hurdle involves nursing homes with no liability insurance.  With a weak economy and some large verdicts rendered against them, some nursing homes have decided to go 'naked' with respect to liability coverage for claims and lawsuits brought against them.

The result of having no liability insurance (or in some cases limited insurance coverage) ultimately means that the injured party is limited in his recovery.  Unless a nursing home or assisted living facility is part of large corporation, it is difficult-- if not impossible, to collect on a judgment involving an entity with no insurance coverage.  Put another way, a large judgment may be worthless if the nursing home is unable to satisfy it.  Many individual nursing home owners have established complex systems of ownership that limit the owners personal liability.

In cases of uninsured or under-insured nursing homes, settlements may still be arranged.  Most settlements with nursing homes having limited or liability insurance represent a compromised result--generally less than the full value of the claim. 

Most people never inquire about a nursing home's insurance coverage until it is too late.  In addition to researching facilities track record with respect to complaints and lawsuits, it is also advisable that an inquiry be made with respect to the insurance coverage for a particular facility.  Why not learn as much as possible about the facility responsible for the care and safety of your loved one?

Emergency Room Doctors Reporting Incidents Of Nursing Home Neglect

In Washington D.C. emergency room physicians are are reporting nursing home neglect to authorities in increasing numbers.   Nursing home residents are being presented to Washington D.C. emergency rooms with preventable medical conditions such as dehydration, malnutrition and unattended wound care.   Consequently, the physicians are taking on an additional role as nursing home ombudsmen as they report their finding to authorities.

Reporting incidents of nursing home abuse and neglect to authorities is probably not what most emergency room physicians intended their jobs to be like.  However, the reports from physicians to authorities is essential to the safety of the overall nursing home population.  Nonetheless, what makes this report so disappointing is the fact that these nursing home residents are receiving life-saving medical treatment for conditions that are preventable.  As with most nursing home care, attending to the basic life needs of nursing home residents frequently prevents many medical complications.  Read the full story about physicians reporting nursing home neglect here.

Nursing Home Staff Does Nothing To Stop Known Molester From Assaulting Disabled Woman

A female resident at the Grace Living Center in Edmond, OK  was recently assaulted by another resident with a known history of molesting other patients.  According to reports, the victim was admitted to the nursing home only 14 hours prior to the incident.  Making the matter worse is that the victim was disabled from a medical condition and it impossible for her to defend herself from the attacker.

The nursing home staff waited for orders from a supervisor before removing the disabled woman from the dangerous situation.  After the woman was removed from the area she received medical treatment for various injuries and bleeding. 

Making this incident all the more disappointing was the fact that the alleged perpetrator had a history of similar attacks.  Staff at the nursing home told, Oklahoma Department of Health Investigators that the man, 'liked to go into women's rooms who couldn't call for help.'  In fact the nursing home documented two incidents in the days prior to this attack when the same man was observed groping disabled nursing home residents. 

The nursing home staff immediately removed the bed linens and clothing from the room when this incident took place and sent them to the laundry before the police or health department were notified.

The district attorney's office is considering filing criminal charges against the alleged perpetrator for this sexual assault.  The real blame for this incidents rests squarely on the shoulders of this nursing home for not doing enough to prevent violence amongst its residents.  Perhaps the district attorney should consider criminal charges against the nursing home administrator for allowing a known sexual predator to have access to disabled nursing home residents.   At the very least, filing criminal charges against sex assailants and nursing home management makes the public aware of these dangerous situations.

Read more about the incident involving nursing home abuse here.

State Settles Nursing Home Lawsuits For Exposure To TB

Eleven people exposed to tuberculosis at Pinecrest Hospital, a West Virginia nursing home, have settled their lawsuits brought against the facility.  The lawsuit was brought on behalf of nursing home patients, employees and visitors claims the nursing home was negligent in failing to keep air contaminated with TB out of the general areas of the facility.

Tuberculosis is bacterial infection commonly found in the lungs.  Pulmonary TB is contagious and may be easily spread through the air.  Symptoms include: heavy cough with sputum, tiredness, weight loss, fever increased pulse and swelling of the lymph nodes.  TB is treatable, but requires extensive medications and the symptoms may linger for six months or more.  TB can be fatal among nursing home residents as many already have weakened immune systems.

Nursing homes should take precautions to assure their residents remain free from TB.  In addition to screening new residents, nursing homes should make sure TB patients are segregated from the general population.  Obviously, if the nursing home chooses to provide medical treat met to a person with TB, they also need to have separate air circulation systems in place to assure the safety of their residents.

Read more about the settlement of this nursing home lawsuit here.

Information on Tuberculosis from Web MD can be found here.

Fall Leaves Dementia Patient With Broken Neck At Assisted Living Facility

The family of Mabel Montgomery is bringing a wrongful death lawsuit against the assisted living facility where she lived, Juniper House.  The lawsuit alleges that Ms. Montgomery left Juniper House through a fire exit and fell.  The fall resulted in a fracture of Ms. Montgomery's neck and traumatic brain injury.  The injuries from the fall ultimately lead to the woman's death.

The lawsuit further alleges that the Oregon Assisted Living Facility knew that Ms. Montgomery had dementia and had a propensity to leave or wander from the facility.  The staff at Juniper House apparently went so far as to assure the victim's family that the fire doors were secured in a way to prevent residents from easily opening them.

Understaffing is the real culprit here.  Too often the simplest preventative measures could stop dangerous situations from occurring.  I would be interested to see what time of day this incident occurred as how many staff were working at the time.  My guess is that this incident occurred at a time when staffing was at a minimum.

Third Quarter Illinois Nursing Home Violators

The Illinois Department of Pubic health has posted the third quarter violations on their website.  The listing of 47 Illinois Nursing Homes indicates the facilities where the Illinois Department of Public Health has determined the facility to be in violation of the Nursing Home Care Act or recommended de-certification to the Director of the Illinois Department of Healthcare and Family Services, or the Secretary of the U.S. Department of Health and Human Services for violations relating to patient care.

Put another way, pay special attention to the facilities on this list.  Some are on the list for the first time while others are repeat offenders. 

ALDEN ALMA NELSON MANOR
550 South Mulford Avenue
Rockford, IL 61108

ALDEN VILLAGE NORTH
7464 North Sheridan Road
Chicago, IL 60626

ALDEN WENTWORTH REHAB & HEALTHCARE CENTER
201 West 69th Street
Chicago, IL 60621

ALL FAITH PAVILION
3500 South Giles Avenue
Chicago, IL 60653

AMBERWOOD NURSING AND REHAB
2313 North Rockton Avenue
ROCKFORD, IL 61103

ARTHUR HOME
423 Eberhardt Drive
Arthur, IL 61911

BAYSIDE TERRACE
1100 South Lewis Avenue
Waukegan, IL 60085

BERWYN REHABILITATION CENTER
3601 South Harlem Avenue
Berwyn, IL 60402

BETHANY HEALTH CARE & REHAB
Resource Parkway
Dekalb, IL 60115

BETHESDA LUTHERAN-MONTGOMERY
1205 South Spencer
Aurora, IL 60505

BIG MEADOWS
1000 Longmoor
Savanna, IL 61074

BRYAN MANOR
Rte. 37 North
P.O. Box 1205
Salem, IL 62881

COVENANT HEALTH CR CTR – NORTHBROOK
2155 Pfingsten Road
Northbrook. IL 60062

DEERBROOK CARE CENTER
306 North Larkin Avenue
Joliet, IL 60435

ELMWOOD CARE
7733 West Grand Avenue
Elmwood Park, IL 60202

FREEPORT REHAB & HEALTH CARE CENTER
900 South Kiwanis Drive
Freeport, IL 61032

GLENSHIRE NURSING & REHAB CENTRE
22660 South Cicero Avenue
Richton Park, IL 60471

GREENBRIER SR. LIVING COMMUNITY
600 Maple Street
Piper City, IL 60959

HAMPTON PLAZA NURSING & REHABILITATION CTR. L.L.C.
9777 Greenwood
Niles, IL 60714

HAWTHORNE INN OF DANVILLE
3222 Independence Drive
Danville, IL 61832

HEARTLAND MANOR NURSING CENTER
410 Northwest Third Street
Casey, IL 62420

INTERNATIONAL VILLAGE
4815 South Western Avenue
Chicago, IL 60609

LAKEVIEW NURSING & REHAB CENTRE
735 West Diversey
Chicago, IL 60614

LEE COUNTY NURSING & REHAB CTR.
800 Division Street
Dixon, IL 61021

LEXINGTON HEALTH CARE CTR – BLOOMINGDALE
165 South Bloomingdale Road
Bloomingdale, IL 60108

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Arizona Nursing Home Fined For Multiple Safety Violations

 

The azstar.net reported that the Santa Rosa Care Center has been ordered to pay $17,500 in fines for more than two dozen violations that relate to patient safety.  An April inspection by Arizona nursing home inspectors revealed the following problems:

  • The facility waited 10 days to tell a resident's medical provider that the resident had suffered a seizure, fallen to the floor and was unconscious for about 10 minutes. The resident's condition deteriorated after the seizure, state records show. He became increasingly confused and needed assistance to walk and eat. Doctors later determined he had intracranial bleeding from the fall.
  • A resident's "do not resuscitate" directive was not correctly documented by staff.
  • One woman fell in the bathroom and was given Tylenol for ankle pain. It wasn't until almost a full week later that the care center determined she had fractured her ankle, even though the woman said she told staffers that her pain was at least an 8 on a 10-point scale even with the Tylenol.
  • A nursing note indicated a man was discovered giving oral sex to a resident with a documented history of dementia on March 16. There was no notation that the second resident's physician or family member was notified. The perpetrating resident had a history of "sexually inappropriate behaviors," state records say.
  • One staff member said that if residents' don't object or resist, staffers consider sexual activity between two residents to be consensual. When asked if the resident's ability to consent was assessed, the staff member said no.
  • Multiple, alert residents from four or five sections of the facility complained of urine odors at all times of the day; visitors to the facility also complained about an odor.
  • A staff member who was helping to put a resident into a wheelchair made an unkind remark about the resident's leg being heavy. State rules say residents in licensed facilities "have the right to be treated with respect and dignity."
  • Earlier this year, the Centers for Medicare and Medicaid agreed with state health inspectors that a "substandard quality of care" was being provided at Santa Rosa and suspended Medicare payments until Santa Rosa made the corrections. The federal government also required the care center to pay fines of $7,000.

According to state records, the 144-bed nursing homes has taken corrective steps and improved staff training.  Realistically, if the same employees and same administrator are still in place, how much change can really take place in six months?  For the sake of the residents, I certainly hope the facility has turned the corner with respect to patient care.  The Nursing Homes Abuse Blog will continue give readers updates on the Santa Rosa Care Center. 

Never Event #8: Air Embolism

An air embolism is a condition caused by air or gas bubbles in the bloodstream.  The air bubbles may enter the bloodstream during surgery or other medical procedure.  One of the more common sources of air embolism is related to usage of a central venous catheter. 

Medical professionals should be aware of the potential complication and use care to prevent air from being introduced when inserting or removing a central venous catheter.  There have been reports that demonstrate an increase in the incidence of air embolisms with the use of fibran sheaths. 

Death may occur from air embolisms if the air bubble becomes lodged in the heart.  If a large amount of gas or air is introduced to the body, the air pocket acts as a vapor lock and prevent blood from being circulated.  The amount of air necessary to cause an air embolism is also related to the body positioning and general health of the individual.  The symptoms of a an air embolism are similar to a stroke or heart attack.

If you believe your loved one has experienced an air embolism during a hospital stay or medical procedure, contact experienced medical malpractice attorneys at Rosenfeld Injury Lawyers, today to learn your rights. Lawyers will travel to you.

Nursing Home Battery Lawsuit Filed In Cook County

Lexington Health Care Center and Vonda Messino, a resident of the facility have been named as defendants in a wrongful death lawsuit in Cook County, Illinois.  Patricia Gioa, daughter of Mary Ann Flynn, deceased, claims Flynn was attacked on November 24, 2006 by a nursing home resident with violent tendencies which contributed to her death.

Flynn was admitted to Lexington Health Care Center in 2006 for care relating to dementia, chronic obstructive pulmonary disorder and hypertension.  Prior to the November, 2006 incident Flynn had been attacked by Messino in the presence of nursing home staff.  The lawsuit claims that the previous attacks should have put the staff on notice of Messino's violent propensities and the staff should have taken preventative measures to assure similar acts did not take place again.

Flynn suffered multiple bruises and suffered a stroke following the attack. The suit claims the attack caused or contributed to her death.  The four count alleges the following:

  • The nursing home staff failed to protect the decent from abuse and neglect
  • The nursing home staff failed to comply with professional standards
  • The nursing home staff failed to failed to timely inform Flynn's family that she had been attacked by another resident
  • Nursing home failed to maintain records
  • Nursing home failed to provide adequate care for Flynn
  • Nursing home failed to notify Flynn's family of changes in her condition
  • The nursing home failed to adequately train nurses to protect residents from violence from other residents

This Chicago nursing home lawsuit seeks more than $250,000 in damages.  Read more about this Cook County nursing home abuse lawsuit here.

Lexington operates 21 nursing homes in the Chicago-land area.  Lexington nursing homes operated under the the names: Lexington Health Care Centers, Lexington Retirement Centers and Merit Home Health Care.  If the allegations in the complaint prove to be true, the nursing home company should be held fully responsible for allowing abuse among residents.  One of the most important preventative measures a nursing home should have in place for the care of dementia and Alzheimer's patients is to keep them segregated from the general nursing home population to assure their safety.

Nursing Home Resident Chokes To Death On Dinner

The Centers for Medicare & Medicaid Services has fined The Crossings, a New York nursing home $13,300 for failing to provide emergency medical treatment to a choking resident.  The fine involves an October 15, 2007 incident where an 89-year-old woman was left unattended by a nurse as she ate her dinner.  

The nurse returned to the woman's room to find the woman with her mouth open, not breathing and here lips were blue.  The nurse failed to call a 'code blue' to the situation and woman died.  A 'code blue' alerts the nursing home staff to a dangerous situation and summons them to help with medical assistance.  Code blue's also instruct the nursing home staff to call 911.

An investigation into the incident demonstrated the nursing home staff lacked training on 'code blue' drills that resulted in potential harm to all residents of the facility.  Amazingly, this nursing home was not shut down immediately by nursing home inspectors.  

As we have discussed before in the Nursing Homes Abuse Blog, many of the errors made in nursing homes do not involve complicated medicine. Why a nursing home employee, or any person, for that matter would not pick up the phone to call 911 reaches far beyond an error into into criminal territory.  Read more about this situation involving nursing home abuse at a New York nursing home here.

Nursing Home Fined For Failing To Provide Condoms To HIV Residents

The Oklahoma Health Department has fined the Whispering Pines Nursing Center for multiple instances of nursing home abuse and neglect.  Among the allegations, the nursing home was cited for:

  • Forcing a patient into a shower while fully clothed
  • Failing to investigate complaints of physical abuse among residents
  • Failing to provide adequate training to nursing home staff
  • Failing to provide condoms to sexually active HIV positive nursing home residents

The health department is recommending Whispering Pines immediately correct its dangerous conditions or the facility will not be permitted to accept new Medicare and Medicaid patients.  Read more about this Oklahoma nursing home here.

What Are The Rights Of A Nursing Home Visitor Who Sustains An Injury During A Visit?

"What are the rights of nursing home visitor who sustains an injury during a visit?"

-Asks, Marie a 58-year-old Cicero, Illinois resident who fell on broken stairs when entered a Chicago nursing home during visit to see her mother-in-law and broke her leg

Visitors to a nursing home may pursue a 'premises liability' claim against the nursing home for injuries sustained due to improperly or negligently maintained premises.  Claim for negligence may be pursued against the nursing home and other parties who maintain or control the area where the injury occurred.  In Marie's case she may pursue a claim directly against the nursing home for damages relating to her: medical bills, pain and suffering, lost wages and disability.

Other common injuries to nursing home visitors include:

  • Food poisoning
  • Infection
  • Sex abuse
  • Assault by nursing home residents and staff

If you sustained an injury during a nursing home visit, contact the lawyers at Rosenfeld Injury Lawyers, for a free consultation.  Call anytime.  (888) 424-5757

 

 

Nursing Home Negligence Lawsuit Filed After Man Wandered From West Virginia Facility

The family of a man suffered from dementia and has filed a wrongful death lawsuit against the nursing home responsible for his care.  The man was killed after he was struck by a CSX train.  The lawsuit names Heartland of Charleston nursing home and its parent company Health Care and Retirement Corp. of America LLC.  The lawsuit alleges the nursing home failed to:

  • Provide adequate supervision to the man
  • Follow facility protocols for missing residents
  • Secure the facility
  • Failed to use security cameras on the property to locate the man

The lawsuit highlights the tragedy that may result if a nursing home fails to monitor its Alzheimer's and dementia residents.  Nursing homes should not only identify residents who are prone to wander, but also have safeguards in place to keep individuals safely within the confines of the facility.  Nursing homes housing residents with dementia and Alzheimer's should have: door locks, window locks, security alarms and extra staff to ensure the residents remain safe and under supervision.  Read more about this wrongful death lawsuit here.

Cook County Nursing Home Pleads Guilty To Gross Neglect Charges

Forest Park LLC, the corporate owners of Pavilion of Forest Park nursing home have plead guilty to felony gross neglect charges that stem from the death of a long-term resident.   The guilty plea follows a 2005 grand jury indictment of Forest Park LLC and Jason Garti, the medical director and wound-care physician of the nursing home.

Specifically the criminal charges related to Shirley Massey, 48, who died from pressure sore complications after a four month stay at Pavilion of Forest Park.  Massey was taken to Loyola Hospital in Maywood, IL where she was diagnosed with severe bed sores and tissue damage eroded to the bone.

Cook County Circuit Judge James Schreier ordered the company to pay a $25,000 fine and $75,000 in investigation and court costs. The company also was sentenced to the maximum sentence of 30 months conditional discharge. The nursing home was sold to another company in July 2007.  The case against Dr. Garti remains open.

According to Cook County Clerk of Court records Massey's Estate filed a wrongful death lawsuit against Pavilion of Forest Park, its parent company Care Centers and Dr. Garti in 2003.  A mere three years after the case was filed, the lawsuit was settled.  

 Read more about this case of nursing home neglect at a Chicago nursing home here.

Ohio Nurisng Home Cited For 'Immediate Jeopardy' Violations

Toledo's Liberty Nursing Center has the dubious honor of being cited for situations posing 'immediate jeopardy' to its residents.  The 'immediate jeopardy' violations are were cited in a state report to pose an immediate harm to residents safety.  The report contains various situations involving nursing home abuse including: staff stealing medicine, unlicensed nurses, physical abuse among residents and failing to report injuries occurring at the facility to state authorities.

Read more about this dangerous Ohio nursing home here.

Settlement For Neglected MS Patient With Bedsores

The Plaintiff In the home care lawsuit, courtesy of King5.comA Seattle woman settled a lawsuit against the City of Seattle and Millennia home health care agency for $600,000.  The lawsuit alleged that the home health agency worker failed to follow the care plan specifically developed for people with Multiple Sclerosis.  

The failure to follow the care plan lead to development of bedsores or pressure sores.  The home care worker was to shift the woman's weight every 15 minutes to prevent development of the sores.

Not only did the home care worker fail to prevent the pressure sores from developing, the worker failed to properly treat them.  Consequently, the woman was admitted to Providence Hospital for two months of medical treatment.  Two surgeries were performed to treat the pressure sores which were so far advanced, the infection had spread to the bone.  The pressure sores were also infected with MRSA, a potentially life threatening bacteria.

This sad incident highlights the need of home care nurses to properly implement care plans.  Care plans are developed by physicians and other medical professionals, that specifically lay out what medical treatment is to be provided.  If a home care nurse or agency fails to follow the care plan or fails to properly monitor the patient and an injury develops, they have liability similar to that of nursing homes. 

Read more about this case of nursing neglect by a home care agency here.

Nursing Home Injury Laws: Washington

Never Event #7: Surgical Site Infection

According to the the Institute for Healthcare Improvement, 2.6% of the the 30 million operations performed each year are accompanied by a postoperative infection.  Certain procedures account for a higher number of infections---some procedures have infection rates of up to 11%.  

There are essentially two types of incisional infections.  Superficial infections involved infection on the skin surface and the subcutaneous tissue.  Deep incisional infections affect the deep tissue muscle and fascia.  Deep incisional infections are the most serious and have a higher death rate than an infection on the skin's surface.  Nonetheless, infections on the skin's surface must be timely treated to avoid the infection from spreading.

Surgical site infections result from endogenous (from the patient's own body) and exogenous sources (dirty surgical materials).  Infections that derive from the patient's body are more common. The three most common infection causing microorganisms that reside on the patient's body are: Staphylococcus aureus, Coagulase negative staphylococcus and enterococcus. 

Why are surgical site infections on the 'never list'?

Surgical site infections are on the 'never list' for several reasons.  There are multiple preoperative and intraoperative preventative measures that can significantly reduce if not eliminate surgical site infections.  Many of these preventative measures involve scientific principals proven over the last 50 years, yet some hospitals and physicians continually fail to implement them on a regular basis.

Preoperative Causes Of Infection

  • Inappropriate administration of antibiotics
  • Inadequate sterilization of skin
  • Infection in remote area not treated prior to surgery
  • Shaving vs. clipping hair

Introperative Causes Of Infection

  • Long duration of surgery
  • Improper surgical team hand preparation
  • Dirty surgical environment- equipment, ventilation, surgical tools
  • Improper surgical technique: hemostatis, foreign bodies

If you have experienced extended illness or injury that is related to a surgical site infection, you may be entitled to compensation for your medical bills, disability, pain and suffering and lost wages. Contact an experienced medical malpractice attorney to learn your rights.

Resource: Center For Disease Control- Preventing Surgical Site Infections: A Surgeon's Perspective

Florida Nursing Home Accused Of Abuse

The Florida Agency for Health Care Administration and the Department Of Health and Human Services have ordered the Key West Convalescent Center to improve the care it provides to its residents or it will be forced to closed its doors.  Among the charges of abuse and mismanagement of funds charges, the nursing home is accused of:

  • Abuse of a 39-year-old HIV patient.  The patient claims nursing assistants mistreated him while giving hie a bath.  The nursing assistants failed to properly clean the man's open wounds allegedly causing him extreme pain.
  • Allowing a nursing home resident to operate his wheelchair backwards posing a threat to the safety of himself and others.

Unless the nursing home administration makes changes to correct the conditions cited in the report by December 11th, the facility will lose federal funding.  80 residents will have to find a new place to live and receive care.  Like most nursing homes, the Key West Convalescent Center likely relies on federal funding for most, if not all of its operating budget.  Read more about this incident of nursing home abuse involving a florida nursing home here.

New Nursing Home To Be Built For Sex Offenders

Ever think where many of the violent criminals crowding our jail system will go when they are done serving their sentence? Unfortunately, many convicted felons will spend their senior years in a nursing home intermixed with the general population.  For many convicts, their mingling with other senior in a non-restrictive environment is their first exposure to freedom.  

Age has not softened the criminal propensities of many criminals.  According to Wes Bledsoe, founder of A Perfect Cause, estimates that convicted felons living in nursing homes account for more than 60, murders, rapes and assaults to other nursing home residents living among them each year.

Currently, there is little regulation at a state or federal level to keep tabs on aging criminals.  Many of the elderly criminals have been released into the general population before the development of sex offender data bases or other tracking methods were developed.

Oklahoma nursing home residents are one step closer to living in safety as state officials move closer forward in the construction of a nursing home dedicated to the housing of convicted sex offenders. The nursing home for 'elderly felons' would have special provisions such as 24-hour security to protect the residents as well as the general public.

This is a welcome concept whose time has come.  Nursing home residents deserve to live in safety and free from violence.  Unfortunately, this concept of segregated nursing homes for violent offenders is still years away from national availability.  In the meantime, nursing home should conduct background checks and surveys to help in identifying potentially violent residents. Further, nursing home staff should always be on the look out for any violent or aggressive behavior in their facilities.

Nursing Home Injury Laws: Oklahoma

Nursing Home Cleared Of Neglect Charges In Case Where Resident Had Maggots In His Eyes

A shameful tale of a nursing home neglect recently was reported in Florida.  As amazing as this sounds, the Florida Nursing Home was cleared of criminal neglect charges by the Florida Attorney General when a nursing home resident was found to have maggots in both eyes. 

The Attorney General, investigating the case blames their inability to prosecute the case on the lack of physical evidence available.  "There was no way to pin down the origin of the maggots,"  according to Sandy Copes, communication director for the Florida Attorney General.  Further hampering the attorney general's ability to bring charges was the fact that no physical evidence could be collected from the resident's room as it had been cleaned by the nursing home.

For those unaware, maggots are the larval form of a fly.  In this case, the nursing home obviously allowed a number of flies to accumulate in this residents room.  The nursing home also allowed the flies to lay eggs in the patients eyes.  I certainly appreciate a prosecutor who is hesitant to bring charges because of a lack of evidence, but even without the physical evidence, it certainly seems like a strong case could be made against this nursing home for criminal neglect.  Who else is to blame for maggots in a nursing home resident's eyes?

84-Year-Old Nursing Home Resident Beaten To Death

84-year-old Raul Saldivar was recently beaten to death in a Texas nursing home.  Police say Mr. Saldivar was in his bed, when a significantly younger nursing home resident entered his room and beat him to death with medical equipment.  The younger resident  apparently had left his confined area and entered Mr. Saldivar's room.  According to nursing home, the perpetrator was not permitted to be in an area with older residents.  Mr. Saldivar died from complications related to suffered a skull fracture at Valley Baptist Medical Center.
 

Did the young perpetrator have a criminal record?  Did the younger nursing home resident have a history of violence?  Nursing home staff have a duty to keep their residents safe from intruders as well as from violence from other residents.  Unfortunately, problems continually arise when nursing homes fail to segregate nursing home residents with drastic age differences and physical abilities. 

Read more about this preventable nurisng home death here.

Specialization Of Nursing Home Care For Diabetes Patients

It makes sense.  Specialization is increasingly becoming common among doctors, lawyers and now nursing homes.   A skilled-nursing facility is taking a new approach to treating diabetes. The Hurlbut, a new york nursing home has partnered with the Joslin Diabetes Center out of Boston. Affiliated with Harvard Medical School, Joslin concentrates in diabetes treatment and research. The Hurlbut is one of two nursing homes in the country to adopt a Joslin diabetes program.

Diabetes is a common medical condition.  By some estimates, more than 25% of nursing home patients have diabetes yet most facilities don't offer specialty care.  While the treatment may be adequate, most nursing home are designed to treat a wide variety of medical conditions. Specialization allow nursing homes to concentrate on doing one thing and doing it well.

"What we've done here is educate everyone in the facility from the front desk person, to the person in the kitchen to the aides. Almost anyone who will listen," said Suzanne Meyer of the Joslin Diabetes Center.

With a team approach, blood sugar levels are monitored, meals are planned, and medications adjusted."Until we look at diabetes management, until we improve those blood sugars I don't think that the quality of life will be great. And I think most people will want to look at this model," Meyer said.

There will likely be more specialized nursing home in the future.  Grouping people according to their medical condition allows the staff to focus on one ailment as opposed to treating a variety of physical and psychological conditions.  Read more about this progressive approach to diabetes care here.

 

Man Wanders 20 Ft. From Chicago Nursing Home To His Death

 The Chicago Sun Times reported the sad story of a 72-year-old nursing home resident who wandered 20 feet from the facility to his death.  The man was a resident at Robbins Supportive Living, 13820 South Utica, was last seen by staff at the nursing home on October 22nd.  More than two weeks later, authorities discovered the man dead, laying face down in the marshland, a mere 20 feet from the facility.  

Did this nursing home even bother looking for the missing resident? 

Tennessee Nursing Home Resident Abused By CNA

 A certified nursing assistant (CNA) has been charged with willful physical abuse after hitting a blind resident with a clipboard and incontinence pad and pulling the resident's hair and slapping her.  The incident alleged nursing home abuse took place on October 21st at Etowah Health Care Center.  

The CNA was arrested following a police investigation in the matter.  According to the Tennessee Department of Health website, the CNA has a valid nursing license from November, 2002 through November, 2008 and has no other violations.

Read more about this incident involving nursing home abuse here.  

Nursing Home Abusers To Be Released

I just did a double-take.  Four nursing home employees charged with abusing residents at the Good Samaritan Nursing Home in Minnesota will soon be released from custody.  The Minnesota Attorney General blames the the nursing home employees release on a lack of hard evidence and hearsay testimony.

Blog readers may recall these four 'Minnesota girls gone wild' from my earlier post.  The charges stem from a report where the nursing home employees victimized residents suffer from dementia or related disorders such as Alzheimer’s disease. The report alleges the following incidents of physical abuse and neglect:

  • spitting in mouths
  • poking breasts and nipples
  • putting fingers in mouths
  • touching and tapping genitals
  • sticking rear ends in faces
  • rubbing buttocks
  • rubbing penises
  • touching perinea
  • anal insertion
  • holding residents down
  • teasing residents

If convicted the nursing home employees could face charges of gross misdemeanor and felony.

The fact that this Attorney General remains unable to prosecute this incident involving nursing home abuse highlights similar problems encountered in civil lawsuits.  As a victim of nursing home abuse, it is important to report the situation as quickly as possible to authorities so they may secure necessary statements and physical evidence.  As this case demonstrates, many situations of nursing home abuse will go unprosecuted without necessary evidence.

Falls Amongst The Elderly Can't Be Ignored

John Leland of The New York Times, wrote a great piece addressing falls amongst the elderly.  Once thought to be an inevitable part of growing old, falls are frequently the result of underlying medical problems.  Equally important, is the fact that post-fall care must be given priority to avoid medical and psycological problems.  After reading this aticle, you will come to realize that there really is no such thing as a 'minor fall' amongst the elderly population.

Once considered an inevitable part of aging, falls are now recognized as complex, often preventable events with multiple causes and consequences, calling for a wide range of interventions, both psychological and physiological, that many patients never receive.

Even falls that cause only minor injury “need to be taken as seriously as diabetes,” said Dr. R. Sean Morrison, a professor of geriatrics and adult development at Mount Sinai School of Medicine in New York, because “they can be a real warning sign that something serious is wrong.”

Dr. Mary E. Tinetti, a falls expert at Yale University medical school, compared falls to strokes in their harmfulness, adding that people do not always report them or seek help, for fear their families will try to put them in nursing homes. For some people, Dr. Tinetti said, admitting that they fall is tantamount to admitting that they are no longer competent to take care of themselves.

Each year, 1.8 million Americans over age 65 are injured in falls, according to the Centers for Disease Control and Prevention. Some rebound as if the injury never happened. But for some, the fall sets off a downward spiral of physical and emotional problems — including pneumonia, depression, social isolation, infection and muscle loss — that become too much for their bodies to withstand.

In 2005, the last year for which statistics are available, 433,000 people over 65 were admitted to hospitals after falling, and 15,800 died as a direct result of the fall. Less visible are the many who survive the fall but not the indirect consequences.

When first interviewed in mid-July, Ms. Aliminosa and Ms. Arnold felt vulnerable and constrained, their world diminished. Both had led accomplished professional lives — Ms. Arnold as a school psychologist, Ms. Aliminosa as a medical researcher — and had been active in the community’s independent living apartments. But neither could be confident about what the future held.

Ms. Aliminosa said she was depressed, and able to walk only in very small stretches. A small woman with a soft voice and grainy New York accent, she barely filled her chair. She seemed defeated. “Emotionally I have not been well,” she said. “It’s made me very aware of my age, and that’s hard to accept.”

Ms. Arnold, by contrast, was full of emotional energy, so angry about her broken hip that she kicked out for emphasis as she talked, turning conversation into a full-contact sport. Before her fall, she had been preparing for a vacation with her daughter at a family beach house on Long Island — the same house where she had spread her husband’s ashes. Now that plan was gone.

“It kills me, it just kills me,” she said. “This was going to be the frosting on the cake, and somebody ate it.”

Of the two women, Ms. Arnold was up against the longer odds. One in five hip-fracture patients over age 65 die within a year after surgery, according to the C.D.C.; one in four have to spend a year or more in a nursing home. When younger people fall, they tend to break their wrists catching themselves, but in older people, who have slower reactions and less upper-body strength, the weight more often falls on their hips or heads. Any underlying conditions, like heart disease or respiratory problems, increase the chances of a downward health spiral.

Ms. Arnold had a history of pulmonary disease, and had been a heavy smoker, starting after high school. “She had a boyfriend in college,” her daughter, Margery Creek, said, “and it was the lesser of evils — sex, drinking or smoking.”

But her lung problems did not keep her down. In 2006, she took a 10-day trip to Sweden. Even after she fell and fractured a hip that autumn, she lived independently and was able to drive, returning to the beach house. That day in mid-July, even as she talked about depression, she took jubilant delight in photographs of her grandchildren and great-grandchildren. “Now if that isn’t the picture of a baby,” she said. “Isn’t she a sweetie?”

If Ms. Arnold were a machine, it would be simple to draw a straight line between her lung disease, her hip surgery and her chances of recovery. Older bodies typically have several weakened systems that are dependent on one another, and rely on drugs that may or may not work well together. “If you take 70-year-olds, on average they’re taking five medications,” Dr. Tinetti said. “When you get to 10 medications” — as a patient might after a fall — “the likelihood of adverse effects is close to 100 percent.”

But psychological factors can be as devastating as the physical trauma, Dr. Tinetti said. “It’s the fear of falling, the lost confidence. Good walkers stop walking, stop going to church. They become socially isolated and depressed.”

After Ms. Arnold’s first broken hip, she had reduced feeling in one foot, which added to the likelihood that she would fall again.

On July 6 this year, it happened: Ms. Arnold turned her body without moving her foot, pulling the closet door down with her when she fell and fracturing her hip bone.

“I’m outraged,” she said a week after the fall, raising her voice and then becoming fatigued. Her breathing was interrupted by coughing spasms. She said she was determined not to end up using an electric cart. “Disappointment,” she said, accenting each syllable. “I had a very good life.”

“But your life isn’t over,” said Deanna Gray-Miceli, an adjunct assistant professor of nursing at the University of Pennsylvania and an expert in geriatric falls who was looking in on Ms. Arnold in the nursing unit.

“Well, it bloody well is,” Ms. Arnold said. “I have no strength. Let’s talk about depression.”

The period of immobility after a fall is particularly dangerous, said Dr. Gray-Miceli, whose research includes studying a group of patients after falls. “Being immobile, you’re not taking deep breaths, you’re more prone to orthostatic pneumonia, or older people can develop urinary incontinence. And that can have a whole cascade of emotional consequences as well as the physical consequences, such as skin breakdown, pressure sores, bladder infection, lung infection.

“We also see temporary confusion from infection,” she added, “And that can lead to someone’s demise.”

Dr. Gray-Miceli’s work focuses on identifying the causes of falls, which might include treatable factors like changes in gait, low blood pressure, declining vision or heart arrhythmias, as well as conditions in the home. In a study by Dr. Tinetti, simple preventive suggestions from doctors, like physical therapy and changes in medication, reduced falls by 11 percent. (The C.D.C. offers tips to reduce falls at home, like removing loose rugs and making sure stairway handrails go all the way to the bottom, at cdc.gov/ncipc/duip/preventadultfalls.htm.)

For Ms. Arnold, it was too late. Shortly after surgery she grew depressed and fatalistic, her daughter said. “One morning when my brother was here, she woke up and said, ‘I’m weary, I’m just absolutely weary,’ ” Mrs. Creek said. “And she had no muscle that came back. Her arms had really gotten down to skin and bones. You hear that term — it certainly seemed that way, no muscle.”

In August, Ms. Arnold developed pneumonia and spent three nights in the hospital. Though she responded well to the medications, Mrs. Creek said: “It was just one more nail. She said she was ready to be with Dad.”

The last time Mrs. Creek called her, in early September, Ms. Arnold could recognize her voice but not respond, Mrs. Creek said. “I think she just said, ‘I’ve had it, I’m checking out.’ ”

Down the hall, Ms. Aliminosa’s response after her leg fracture was just as unpredictable.

On April 4, she was enjoying a visit from two favorite nieces — Ms. Aliminosa never married — when she found herself on the floor of her apartment, she said. She had no memory of how she fell.

Ms. Aliminosa has osteoporosis and a history of falling, so she told her relatives not to touch her until the nurses came. She needed a metal rod in her leg and began a slow process of physical rehabilitation. She said the falls were the first thing that made her feel old. “I’d love to be able to have dinner and take a short walk, and I can’t do that,” she said.

Because she was in a full-spectrum medical facility, her care was well coordinated, said Dr. Albert Siu, a professor and chairman of geriatrics and adult development at Mount Sinai.

“For example, osteoporosis is often at root of this,” Dr. Siu said. “But in a three-day hospital stay, addressing osteoporosis is not at the top of everyone’s mind. There it’s dealing with the pain, the complications and the repair of the fractured hip.” Medications for blood pressure or pain might increase dizziness or chance of falls. In mid-July, while Ms. Arnold was angry but relatively mobile, Ms. Aliminosa seemed resigned to a loss of mobility and independence. The prospect weighed heavily on her. When asked if she had considered counseling for depression, she said she did not think she could bear talking about it. “I think as we get older it’s hard to control our emotions,” she said.

 

 

 

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Illinois Nursing Home Settles Lawsuit Involving Multiple Falls Of Resident

Winchester House, a Lake County, Illinois nursing home, has chosen to settle a pending nursing home negligence lawsuit involving a resident who fell multiple times in the facility and ultimately died.  Under the terms reached during mediation, the family of Helen Menneke will receive $1 million for the loss of their 83-year-old relative.

Helen Menneke was admitted to Winchester House in 2004 for treatment and care of dementia. Ms. Menneke fell several times over the course of her admission, suffering a traumatic brain injury and fractured bones.  

Although nurses implemented an alarm system for Ms. Menneke's bed and wheelchair, they were unsuccessful in preventing additional falls.  The nursing home has reportedly made changes in the manner nursing home employees check on nursing home residents following this lawsuit.

How many falls must occur before a nursing home can be held responsible for a resident's fall-related injuries?  The answer is dependent upon the needs of the resident.  If the individual required full assistance for transfers and care needs, the nursing home owes a duty to provide staffing assistance at all times.  If however, the resident is more independent the duty of a facility becomes somewhat clouded.

Regardless of the resident's fall-risk potential, the nursing home must take notice after a resident falls.  After the nursing home has notice of a resident fall, the facility must re-evaluate their preventative measures to prevent additional falls from occurring.  The use a restraints, alarms and most importantly staff supervision are key to assuring nursing home residents remain safe.  If your loved one has sustained a injury from a fall, do not assume the fall was not preventable.  An experienced nursing home attorney will be able to evaluate the matter and determine if the nursing home may be responsible for the injury.

Faulty Handicapped Lift Blamed For Nursing Home Death

A faulty handicapped lift is being blamed for the death of a Canadian nursing home resident.  According to the coroner, the LIKO 102EE mechanical lifting device malfunctioned during operation at the Leisureworld Caregiving Center (O'Conner Gate) in Toronto.

This particular lift is widely used in Canada and throughout the United States.  There are 12 reports of LIKO lifts malfunctioning since 2005 in the United States.  This lifting device is used to transfer people with limited mobility from bed into their wheelchairs.

Coroner Jim Edwards recommends the lifts be removed from nursing homes until the manufacturer can correct the problem.  The Swedish manufacturer has agreed to replace specific model lift.  Injuries occurring during the transfer of patients are some of the most frequently encountered amongst both nursing home residents and staff.  Nursing home should make sure their staff are properly trained in the use of all lifting devices and manual lifting techniques to assure resident safety.
 

Lawsuit Highlights Problems At Washington Heights Nursing Home

A wrongful death lawsuit filed was recently filed on behalf of the Estate of Stanley Dancy against Washington Heights Nursing Home.  The lawsuit alleges Mr. Dancy was admitted to the Chicago nursing home for rehabilitation for a recent illness.  Within a month of his admission, Mr. Dancy developed four advanced-stage pressure sores, a urinary tract infection and malnourishment.  

The elderly man was sent to Mount Sinai Hospital for treatment of his medical conditions.  After receiving inpatient hospital treatment, Mr. Dancy was discharged to a different nursing home in the Chicago area.  "Unfortunately, by that time, it was too late to reverse the deterioration of his condition," said his daughter, Charlotte Parnell.

The Illinois Department of Public Health investigated Washington Heights for two weeks following Mr. Dancy's death and no violations were found according to a spokeswoman for IDPH.

Read more more about this Cook County lawsuit against Washington Heights Nursing Home here.

I do not know what the cause of death was in this matter, but this situation demonstrates the devastating spiral of medical complications that is likely to develop when an elderly person is afflicted with severe pressure sores.  Once advanced stage pressure sores develop, it becomes increasingly difficult for a elderly person's body to battle the wounds.  Literally, all of the person's energy is used to battle the wound.  

When the pressure sores are accompanied by other medical complications like a urinary tract infection and malnourishment, the body is practically defenseless to battle one--let alone all of the medical conditions.  

Although the Illinois Department of Public Health investigated this matter and found no violations, the finding itself does not mean the nursing home may escape liability.  Given the fact that this man contracted three serious medical conditions during the first month of his stay, the nursing home obviously did not identify or properly address the man's needs.  

Washington Heights Nursing Home has been the subject of multiple investigations by IDPH regarding nursing home abuse and neglect.  Take a look at the multiple citations here.

Nursing Home Surveyor Explains Applicability Of Federal & State Nursing Home Regulations

In the past I have posted on nursing home receiving violations from state and federal nursing home inspectors.  What are these regulations?  Who actually issues the violations? How do the regulations impact nursing homes?

This guest post from Jenn at Nursing Home Surveyor blog addresses these questions and provides useful guidance in interpreting the regulations.  Jenn's perspective on regulations is exceptionally useful as she is a state nursing home surveyor.

Hospitals and Nursing Homes, places that are supposed to be of benefit to many people, yet for many others, they are places that have brought problems and even unexpected, needless death. It’s almost a daily occurrence where one can read or hear in the news of a problem in a hospital or nursing home that led to the needless suffering and/or death of someone who put their trust and faith in a facility. It is because of the problems that occur on a daily basis in some places that all of us need to be aware of what to look for. You need to keep you eyes open whenever you or a loved one enters a hospital or nursing home. You should also be aware of where the regulations that govern a hospital or nursing home are located.

There are state regulations, and each state will have a different code, title, or set of regulations. They may vary from one state to another, but very often the state regulations will mirror the federal regulations. The federal regulations can be found in a document the Centers for Medicare and Medicaid publish. This document is the State Operations Manual. It is composed of many chapters and many ‘appendices”. It is the appendices that contain a copy of the text of regulations that govern hospitals and nursing homes, as well as the “guidelines” that help investigators of nursing homes and hospitals conduct an investigation (a survey) of a facility. I go into more detail about this at my blog, if you would like more detail.

Let me talk about the nursing home regulations for a bit. Those are found in what is called Appendix PP (Appendix double P). The set up of the Appendix has a regulation first, and then some guidance, probes, and procedures following it. In order to easily find particular parts of regulations, the nursing home regulations are split into tags, called “F-tags”.

The Federal regulations help bring consistency to care provided to residents of nursing homes. Nursing Homes must comply with the regulations, and the nursing homes are supposed to be surveyed for compliance to the Federal regulations on an average of every 9 to 15 months. Some states do well in meeting that goal, others do not do so well.

If a facility is found to not be in compliance with a regulation, they will receive a “deficiency”. They have to then write a plan of correction, which means they must explain how they are going to correct the problem and ensure it never happens again. After the facility sends in their plan of correction, the state agency reviews it and determines if it is acceptable. If it is not acceptable, the facility must re-write it. For some facilities just seeing the plan of correction in writing is good enough, but for other, a “re-visit” is planned. Much of this is dependent on the severity and scope of the problems in the facility.

If a facility continues to not be in compliance, they can be put into a “decertification track” meaning that they will lose the opportunity to receive Medicare and Medicaid monies to pay for resident care. This is serious, so facilities do try to maintain their certification. They can also lose their state license to operate if the fail to comply with regulations.

Facilities are given ample time to comply. Although the surveyors are not “consultants” to the nursing homes, the nursing homes do have many avenues to pursue to help them become compliant with regulations.

So what should you do if you or a loved one needs to enter a nursing facility? There are many sites, such as Nursing Home Surveyor, that can help you explore the good and bad so you know where the good ones are and avoid the “not so good”. It is important that you take the time to read the history of the facility you are considering, and read the most recent surveys. One of the regulations requires the nursing home to post their most recent surveys in a public place so the public and the residents of the facility have easy access to the results. This is often the main lobby.

Be safe and be informed!

JL

Jenn is a state surveyor and invites you to visit her blog at: www.nursinghomesurveyor.com for more help and information about the survey/investigation process.

Nursing Home Voting Controversy Highlights Dementia Residents' Rights

By now, we have all heard the pleas from Republicans, Democrats and Independents to go out and vote.  Most people put a great deal of thought into how their vote gets cast.  What if votes were cast by people who were unable to comprehend the significance of their vote and had no idea who Barack Obama or John McCain is?

Welcome to nursing home voting for dementia patients.  Here is a report from a nursing home where resident's with dementia are allowed to cast votes for the candidate of their choice...or...whomever has the name closest to their hand.

Of course it is important to give nursing home residents as much access as possible to their constitutional rights, but does this go too far?

 

 

Nurse Charged With Abuse & Neglect After Abandoning Residents At Assisted Living Facility

Episania Fitzgerald was charged with abuse and neglect of an elderly person when she decided to leave her post as night nurse at an assisted living facility.  Fitzgerald told the sheriff's office investigating the matter that she left the assisted living facility with another resident in charge to provide home health care services elsewhere. 

Fitzgerald was gone for more than two hours, leaving the 21 elderly residents completely unattended.  During, nurse Fitzgerald's leave an 88-year-old resident fell on the bathroom floor requiring paramedic assistance.  It is unknown what, if any action the facility will take as discipline for this nurses inexcusable behavior.

This incident demonstrates the importance of selecting a well staffed facility.  It is important for families to specifically ask how many nurses, physicians, and CNA's are on duty throughout each shift.  While state and federal laws set staffing minimums, it is generally not a good idea for any one person to be solely responsible for the care of a large number of residents.  

Read more about this situation involving nursing neglect here.

This Ain't No Party. This Ain't No Disco. This Ain't No Nursing Home.

Talking Heads split up in 1991, but leader David Byrne continues to create.  Byrne is greyer than he was 20 years ago, but has cranked out some of his best material with the help of Brian Eno in his new album Everything That Happens Will Happen Today.  Below is a clip of one of Byrne's new songs done with the heap of Young @ Heart Chorus.  Young @ Heart Chorus is a touring group of elderly singers in age from 72 to 88.  The group was formed in 1982 and covers everything from classics to hip hop....and of course, David Byrne.  Get this album.

 

 

$35 Million Lawsuit Filed Against Nursing Home Following Death Of Disabled Man

The family of a disabled man is suing the nursing home where he lived for multiple counts of negligence in connection with the man's death.  33-year-old Robert Young was a resident at Standifer Place (Tennessee) and required 24-hour care due to a brain injury he sustained as an infant.  Last November, the facility rushed Young to a nursing home for reason's listed as a seizure.  In reality Young sustained a skull fracture.  Local police are investigating this matter as a homicide.

In addition to the wrongful death count, the family's lawsuit also claims the facility failed to notify them of his injury and subsequent death.  Consequently, Mr. Young was buried in a pauper's grave and his family was denied their ability to say a last goodbye.  

If this story proves to be true, Standifer Place has not only violated the trust a family has in it when they placed their loved one in the facility, but also violated federal regulations regarding notification of family members when there is a change in their loved one's medical condition.  

The fact that this nursing home chose not to notify Mr. Young's family both after he was taken to the emergency room and after they learned of his death is, at the very least, evidence that this facility was not following laws important to patient care.

Read more about this incident of alleged nursing home negligence here.

Nursing Home Injury Laws: Tennessee

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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