Barbaric Treatment Lands Nursing Home Employees In Criminal Court

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The criminal case against two Portland nursing home employees gave me chills.  This case goes beyond nursing home neglect and enters the realm of nursing home cruelty. According to reports, a nursing director is being charged with two charges of criminal mistreatment and a certified nursing assistant (CNA) is being charged with reckless endangerment for their inaction following the fall-related injury to a resident at the Gateway Care and Rehabilitation Center.

The nursing home employees allegedly waited five days before sending a 59-year-old resident to the hospital for medical treatment for her broken legs sustained in a fall.  The nursing home resident apparently fell while being transferred from her wheelchair to her bed with a lift. 

The nursing home staff tried to hide the incident from the resident's family.  Federal and state nursing home regulations were ignored as no incident report was completed following the fall.  Despite the fact that the nursing home resident was screaming in pain and nurses could hear popping sounds coming from the badly broken legs, no medical treatment was provided.  After five days of living in pain the resident was taken to a hospital where she died.

These criminal charges against the individual nursing home employees are separate from a lawsuit for wrongful death that the estate of the deceased woman is entitled to bring.  If these claims of nursing home neglect prove to be true the nursing home and its owners should be held fully responsible for fostering an environment where nursing home employees hold a code of silence to protect each other.

Erratic Driving Lands Nursing Home In Court

Unknown to many, some nursing homes and long-term care facilities have buses, vans, and cars to transport nursing home residents to appointments outside of the facilities.  When nursing home take on this responsibility, they must take necessary steps to provide safe transportation. For many nursing home residents, this mean securing wheelchairs, providing an adequate supply of medication and staff sufficient personnel to assure safety. 

This recently filed lawsuit, involving the wrongful death of a wheelchair-bound nursing home resident is a reminder that nursing home staff must take extra precaution when transporting nursing home residents.  The lawsuit against Fort Armstrong Assisted Living Center, claims the nursing home negligently restrained a resident during transport in a nursing home van.  The driver of the van drove erratically causing the resident to fall out of her wheelchair and become injured.

Nursing homes who are involved in the transportation of elderly are responsible for any injury occurring to the resident  during vehicle transportation, including:

  • Dropping the resident
  • Failing to secure residents
  • Negligent driving
  • Failing to monitor their medical condition
  • Inproper operation / defective wheelchair lift

If you were injured in a nursing home vehicle contact my office to learn your rights.  If you are involved in a automobile accident while in a nursing home vehicle you may also be entitled to recovery for your injuries through their uninsured motorist coverage--even if the nursing home's driver was not responsible for the accident.  Call us today.

Transportation In & Out Of Nursing Homes: Ambulance Responsibility.

Unfortunately for many nursing home residents, their trip to the nursing home or out for a doctor's appointment can be riddled with problems during transport and is a frequent source of injury (while being transported via: ambulance, medicar or medivan). 

Like nursing homes themselves, ambulances and paramedics are regulated by Medicare.  Ambulances and their crews must also comply with state and local laws.  Ambulances transporting nursing home residents must:

  • Be capable of transporting people for in acute medical conditions
  • Must contain: stretcher, linens, emergency medical supplies, oxygen equipment, warning sirens, 2-way voice radio or wireless telephone
  • Must be staffed by trained personnel

Ambulances and their crews must trained to deal with a variety of both critical and non-critical situations.  Nonetheless, common ambulance / paramedic injuries include:

  • Dropping patients
  • Medication errors
  • Untimely response time for critical incidents
  • Failure to follow protocol for specific incidents
  • Failure to have required equipment
  • Failure to properly make initial assessment
  • Failure to monitor vital signs
  • Helicopter accidents
  • Automobile accidents
  • Wheelchair-lift incidents
  • Physical abuse

If you believe you or a family member is a victim of paramedic negligence, you should contact an attorney who concentrates in cases involving paramedic / ambulance injury to learn your rights under Federal and State law.