Nursing Home Injury Laws

In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing.  In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws.  Nursing Home Injury Laws, provides every states':

  • Nursing Home Laws
  • Medical Malpractice Laws
  • State Resources
  • Applicable State Code

Additionally, we will be posting regular updates regarding important developments relevant to nursing home care within each state.  Here is a link to Nursing Home Injury Laws.

Now That We Rate Nursing Homes, Is It Time To Rate Other Adult-Care Facilities?

Families looking for facilities to care for their loved ones in North Carolina may begin having an easier time selecting an adequate adult day care or assisted living facility after the state implements a new rating system.  Similar to the well-publicized Medicare-rating system for nursing homes, North Carolina will rate assisted living centers and adult group homes on a four star system.

Unlike a current three-star system currently in place, the four-star system is intended to more accurately categorize facilities according to the quality of the care they provide.  Additionally, the newer rating system is intended to penalize facilities for providing inadequate care for stemming from problems such as medication errors and patient wandering.

Not surprisingly, some industry groups believe the new rating system may not provide a complete picture of each facility.  In this respect, I could not agree more.  No rating system-- no matter how well conceived-- can take the place of an in person visits (and preferably visits).  

Nonetheless, I certainly am a fan of any system that can help families with the difficult decision of what facility to select for a loved one.  As a lawyer who handles cases involving abuse and neglect in a group home setting, I wish other states would implement more intensive regulations of these facilities to protect our elderly population.

Read more about the new rating system for group homes here.

Related:

Are Group Homes A Viable Alternative To Nursing Homes?

Nursing Home Rating System Reveals Inferior Care Provided At For-Profit Facilities

What Is It Like To Live In A 1-Starred Nursing Home?

One year after the implementation of the Medicare nursing home rating system, where do we stand?

Another Assisted Living Resident Beaten To Death By His Peer

 

Dispatcher: "Catawba County 911..."

Caller: "Yes... I need an ambulance at the Walden House. One of the residents beat one of the residents in the head. I need one right now ASAP!"

Caller: "We looked out and he was beating this one resident in the head. Blood is everywhere."

Dispatcher: "Okay, Ma'am."

Caller: "Oh my God!"

The above is the transcript from Catawba County 911 Center following the discovery of the graphic beating of 70-year-old Ronald Simmons by employees at an assisted living facility that were folding laundry nearby to where the crime occurred.  Simmons was a resident at Walden House Living Center in Hickory, NC.  Apparently Simmons was followed outside by 43-year-old Dennis Scherzer, where he repeatedly struck him in the head just feet from the entrance to the facility.

Authorities pronounced Simmons dead at the scene from an obvious head injury.  Scherzer was taken into custody and charged with murder.

The most obvious question is: where is the staff supervision in situations like this?  Regardless of the type of facility, nursing home or assisted living-- the facilities have a duty to look after their residents.  If they can not adequately provide adequate care-- and protection-- they should not accept care of the individual.  

Read more about this murder at a North Carolina assisted living center here.

Related Nursing Homes Abuse Blog Entries:

Update On Chicago Nursing Home Murder

Nursing Home Rapist In Custody

No Remorse From Admitted Elder Abuser

When Bruises Can't Speak For Themselves: The Difficulty Proving Abuse Of Disabled Nursing Home Residents

The News & Observer, had an article about the difficulty proving physical abuse in disabled nursing home residents who are unable to communicate any information about the act. The article focuses on an 88-year-old disabled woman who sustained bruises to her face(consistent with abuse) while a resident at Sunnybrook Healthcare and Rehabilitation in Raleigh, N.C. The woman suffered from advanced dementia and was unable to walk or roll over-- therefore bruising due to a fall could immediately be ruled out.  Read the full article about the abuse of disabled nursing home residents here.

Elder abuse in North Carolina

Complaints of elder abuse in North Carolina increased 20% between 2007 and 2008.  According to Sharon Wilder, a state ombudsman for long-term care, reports of abuse, neglect and exploitation will continue to increase both as a function of the rise in the numbers of the elderly population and as a result of caregivers demand to get answers following an incident.

"We now have baby boomers emerging as the sandwich generation and as caregivers for their elders," Wilder added.  "Their nature is to ask more questions and to want more answers.  There are more willing to contact whoever they need to get answers." 

According to North Carolina nursing home surveys, just 15% of the reports of elder abuse occurred in a long-term care setting, with the remainder of alleged abuse occurring in private homes and reported by relatives, neighbors or health care professionals.

Abuse of the elderly in long-term care settings

Despite a seemingly endless supply of news headlines, directing attention to this despicable act, most cases of elder abuse go unreported.  Remember, you know your loved one better than anyone else.  If you suspect mistreatment or abuse, immediately report the situation to local police and/or ombudsmen.  A timely investigation can go a long way towards identifying the individuals responsible for the abuse and hold them accountable.

The following conditions warrant investigation:

  • Unexplained bruises, cuts, burns, sprains, or fractures
  • Frozen joints
  • Unexplained venereal disease or genital infections, vaginal or anal bleeding
  • Bloody clothing
  • Sudden changes in behavior
  • Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
  • Resident being kept in an over-medicated state
  • Sudden loss of an appetite

Over the course of the the past 30 years, lawyers at Strellis & Field, have helped families coping with the fallout from elder abuse.  In many cases, we have successfully recovered damages from the facilities where the abuse occurred.  If you have a question related to abuse in a long-term care setting, we would honor the opportunity to speak with you.  (888) 424-5757

Web Resources:

The National Center On Elder Abuse

World Elder Abuse Awareness Day

Videotape Confirms Resident Murdered By Peer At North Carolina Facilty

Daniel East, a resident at David's House, an assisted living facility has been charged with the murder of Jeremiah Daniel Love-- his co-resident.  The surveillance video shows East striking his fellow resident in the head with a metal cane.  Love died shortly after the incident at Wake Forest University from closed head injuries.

East was arrested on unrelated charges-- for threatening to beat a David's House employee with a cane-- on the day that Love died.  East has a criminal history including: time served for assault with a deadly weapon with intent to kill, assault on a female and driving while impaired without a license.

East is in custody on $2 million bond.  

This story is further evidence of the need to keep violent offenders separated from the general population in nursing homes, hospitals and assisted living facilities.  Too often there is an assumption that because an offender may look like a grandfather--he is harmless.  This story is a reminder that individuals with violent tendencies rarely 'out grow' such behavior.  

Our sincere condolences go out to the family of Jeremiah David Love.

Read more about this violence in North Carolina here.

Related Nursing Homes Abuse Blog Posts

District Attorney Endorses Use Of Video Cameras In Nursing Homes

Autopsy Confirms Man Was Murdered In Chicago Nursing Home

Forensic Evidence Of Elder Abuse Video

CNA Sexually Assaults Two Residents In North Carolina Nursing Home

A 43-year-old, male CNA at Magnolia Living Center is under investigation relating to the sexual assault of two female residents.  The first incident allegedly occurred on May 2nd and involves an elderly female resident at the facility.  The incident was brought to authorities attention two days later.  The second incident involving a 51-year-old resident was reported to police on May 12th. 

The incidents are currently under investigation as aggravated assaults with sexual motives.  The suspected CNA has been removed from his position while the investigation continues.

I'm all for giving people a second chance--but why should an alleged sexual molester continue to be around the most vulnerable?