Jonathan Rosenfeld's Nursing Homes Abuse Blog : Jonathan Rosenfeld's Nursing Homes Abuse Blog | Lawyer & Attorney : Strellis & Field Law Firm | Bed Sores, Senior Neglect, Elder Abuse, Sexual Abuse: Chicago, Illinois

A home-care nurse has been charged with criminal mistreatment after she failed to seek medical attention for an elderly woman with severe bed sores that ultimately claimed her life.  Prosecutors filed the charges against, Virginia Munger after an investigation revealed that although Munger was aware of advanced bed sores (also referred to as: decubitus ulcers, pressure ulcers or pressure sores) for six months, she took no medical intervention.  Munger was employed as a CNA by Homewell Senior Care, a home-care nursing company.

Read more about this case of senior neglect here.

Home Care Services

Many seniors are turning to home-care services as a way of living independently for longer.  Many of these companies offer senior a variety of medical and non-medical services and provide staffing on as 'as needed' basis.  Unlike nursing homes, home-care services are loosely regulated by federal and state officials. 

Officials at home care service companies should conduct an assessment to determine what the patient's needs are and determine if the company can indeed provide those services.  Once the needs are assessed and services are provided, the company should provide supervision of its employees to make sure those services are properly provided and the patient's needs are continually met.

In the case above, the elderly woman's family may have a cause of action against the home service company-- not necessarily for the criminal conduct of its CNA, but for failing to provide adequate supervision.  Additionally, if the company was made aware of the woman's bed sores-- yet failed to take any action they may similarly be liable for her treatment and death.

Related Nursing Homes Abuse Blog Entries

Home Care Nurse Gets Probation For Ignoring Bedsores On Child

Home Care Nurse Has License Suspended In Connection To Death Of Disabled Boy

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An anticipated decision by the 11th Circuit Court of Appeals may alter the way medical treatment is dispensed for Medicaid recipients.  Under the current system, Medicaid recipients are entitled to receive 'medically necessary' treatment as prescribed by their physician.  In cases of disabled or handicapped people this frequently means home nursing care by a CNA or therapist. 

The case pending before the 11th Circuit involves Anna Moore, a 14-year-old Georgia girl, who suffers from a seizure disorder since birth.  Because of her ongoing risk of stroke and breathing problems, Anna's physician prescribed round-the-clock nursing care. Despite the medical order from Anna's physician (and years of approving the nursing services), officials at Georgia Medicaid decided to arbitrarily reduce the number of weekly hours provided by a home nurse. The reduction occurred despite the fact there was no change in Anna's medical condition.

Anna’s mother initiated a lawsuit against Georgia Medicaid to force the government agency to provide home nursing as prescribed by Anna’s physician.  The decision is now in the hands of the Appellate court after a lower court ruled in favor of the disabled girl.

At issue is the state’s right to overrule medical orders from a treating physician because the state does not agree with the prescribed treatment.  Advocates for Medicaid recipients question the financial motive behind an administrative agencies right to withhold medical treatment.  “[I]f a state budget is pinched, what might have been medically necessary in June won’t be in July…and a medical opinion as to the necessity as to necessity simply isn’t relevant,” said Greg Mellowe a healthcare policy directory at Florida CHAIN.

Lawyers for the state question the medical necessity of some of the treatments prescribed by physicians.  “When left to their own devices, they advocate for their patients and deem all manner of unproved, dangerous, ineffective, cosmetic, unnecessary, bizarre, and controversial treatments as ‘medically necessary,’” according to a court brief filed by the Florida Attorney General.

The 11th Circuit’s decision directly impacts the states in its jurisdiction: Florida, Georgia and Alabama, but the courts ruling will likely set a precedent for all Medicaid recipients in other states.  The court’s ruling will likely be issued in several months.

Read more about this pending court decision here.

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Think the term 'nursing home abuse' is made up by lawyers?  Cameras don't lie...

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