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Archive for the ‘Nursing Home Medical Malpractice’ Category

$50 Million Settlement Paid By Drug Supplier To Nursing Homes

Monday, May 14th, 2012

A company that provides drugs to nursing homes and other long-term care facilities recently settled federal civil claims against it that alleged that the company dispensed drugs to nursing homes without proper prescriptions for the medications. The $50 million settlement involves allegations that the company violated the provisions of the federal Controlled Substances Act that regulates drug distribution in the United States.

The U.S. Drug Enforcement Administration had investigated the company’s practices and procedures and found that the company sometimes dispensed drugs without prescriptions or without properly written prescriptions. Some of the improperly filled medication orders failed to state the name of the drug, the strength of the drug, the quantity of the drug, and/or the dose of the drug. The issue involved how the pharmacy managers communicated with the prescribing doctors at the nursing homes regarding the controlled medications.

The settlement with the federal government recognizes the obligation of pharmacies to receive signed prescriptions containing all of the required contents of prescriptions for controlled substances or to speak directly to the prescribers in emergency situations. The investigation had found that it was not an uncommon practice for pharmacies to dispense medications to nursing homes under the instructions of the nursing home staff who did not have the authority to prescribe controlled substances and without the patients’ doctors being involved in the process.

The federal government’s investigation did not involve allegations that the drugs received from the pharmacies were diverted to people other than the appropriate nursing home residents and the investigation did not involve the nurses or others who gave the medications to the nursing home residents.

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Because many of the residents in nursing homes are taking multiple medications for their medical and other conditions, and all of the nursing home residents who take multiple medications must be closely, carefully, and constantly monitored regarding the effects of their medications, it is imperative that the residents’ physicians are made fully aware of their patients’ medical conditions, changes in their medical conditions, and the medications and other therapies being provided to their patients. Medical mistakes involving the care of nursing home residents and medical errors involving the medications that nursing home residents rely on can result in serious or deadly consequences for the  residents.

Failure to follow procedures and protocols in nursing homes and sloppy record-keeping regarding the care and medications provided to nursing home residents are often cited as the basis for medical malpractice claims brought against nursing homes when residents suffer unanticipated and serious outcomes in nursing homes.

If you or a loved one suffered injury or death as a result of nursing home negligence, the prompt advice from a local medical malpractice attorney may be essential in protecting your legal rights.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to investigate a possible nursing home claim for you and file a medical malpractice case on your behalf, if appropriate.

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New Jersey Nursing Home Abuse Caught On Video

Saturday, May 5th, 2012

In one of the most disturbing and frightful examples of nursing home violence against a nursing home resident that was caught on video, an 87-year-old paralyzed woman was shown being struck violently and cursed at by the very aides who were supposed to be providing her with necessary care. The video camera was set up in the woman’s room by her daughter and grandson after the grandson noticed unexplained bruising on the woman’s body last year.

The video shows one nursing aide roughly removing the woman’s oxygen mask from her face and then hitting the woman twice on her head for no reason. The nursing aide lost her job, lost her license, and was arrested after the video caught her ruthless and demeaning behavior, but it makes you stop and wonder how many times in the past the elderly woman or other nursing home residents may have been physically abused by the same aide or other nursing home caregivers.

Another employee of the same nursing home who has not been arrested can be heard on the video telling the woman, “Lady, why don’t you die?”  A third nursing home employee was caught on tape roughly handling the woman’s body while changing her bed sheets. Even a supervisor was allegedly heard on the video cursing at the woman.

The nursing home had no comment about what was depicted on the video but is being sued by the woman’s family for medical malpractice and other claims. The woman’s family hopes that by going public with the video of the elderly woman’s abusive treatment that they may help other residents’ families become aware that they must be vigilant in checking up on family members who are in nursing homes.

We urge you to view the clip from the video for yourself.

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Many states in the U.S. still do not allow video cameras to be placed in residents’ rooms due to alleged privacy concerns. We suggest that in many situations, the privacy concerns of nursing home residents and nursing home staff may be outweighed by the concerns regarding the safety and care of the residents. If nursing home employees believe that they will never be caught abusing or neglecting the residents they are assigned to take care of, then callous (or worse) nursing home employees may consider and engage in abusive or neglectful conduct that they would not otherwise engage in if they knew that their actions were being monitored and/or recorded.

In this day and age when almost all telephone calls to businesses are subject to being monitored or recorded, and our movements in public are often being viewed or recorded by public or private video cameras set up outside of businesses, parking garages, state and local governmental offices, and on public street corners so that the police or others may monitor pedestrians or traffic, all in the stated interest of public safety, maybe it is time to change the laws in those states that prohibit cameras in the rooms of nursing home residents so that they have the same hope of being safe that a pedestrian on a public street now enjoys.

If you or a loved one were abused or neglected in a nursing home, you may wish to consult with a local medical malpractice attorney regarding your legal rights and obligations.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be willing to investigate your possible medical malpractice claim for you and file a medical malpractice claim on your behalf, if appropriate.

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Colorado Medical Malpractice Verdict For Infected Bedsores Leading To Death

Friday, May 4th, 2012

A Colorado medical malpractice jury returned a verdict in the amount of $3.2 million in favor of the family of an 88-year-old-man in a nursing home who died from infected bedsores, one of which was the size of a baseball, that were allegedly not properly treated. The nursing home that is responsible for the medical malpractice verdict is owned by a large out-of-state corporation that has 4,000 nursing home beds in 8 states, including two other nursing homes in Colorado.

The man had become a resident of the nursing home in May, 2009. He had Parkinson’s disease but was able to walk with assistance to the cafeteria in the nursing home and worked as a janitor in the nursing home before he developed a bedsore in September, 2010. After the bedsore developed, the man’s condition deteriorated to the point where he was unable to walk, even with assistance, and he became unresponsive and stayed in his bed. He also stopped eating and drinking.

Apparently the man’s family was not told about the bedsore. It was not until October, 2010 that a nurse’s aide employed by the nursing home told the man’s son about multiple severe bedsores on his father’s buttocks and scrotum that were infected.

Upon discovering the bedsores and their condition, the son wanted his father immediately transferred to the hospital. At first, the nursing home did not want to transfer the man to the hospital for treatment. Once the man was transported to the hospital, he was found to be dehydrated and malnourished (both conditions can lead to the development of bedsores and both conditions can have a negative impact on attempts to successfully treat bedsores). The man’s death was linked by his doctors to his infected bedsores.

After the man’s death, the Colorado Health Department inspected the nursing home and issued citations against the nursing home for 27 deficiencies.

Source

The development of bedsores in nursing home residents is generally avoidable if proper and timely care is provided to residents. Residents at risk for developing bedsores are often required to be turned and repositioned in their beds at set intervals (often at least every two hours) to help avoid developing bedsores. Pressure relieving devices such as air mattresses for residents’ beds and other devices designed to reduce the pressure points where the body comes in contact with the resident’s bed (such as heals, elbows, buttocks, and the back of the head) are often useful if timely employed.

If bedsores do develop, it is critical that they be diagnosed quickly and promptly and that they be properly treated so that they do not progress to more serious and dangerous stages of development.

If bedsores do develop and cause serious injuries or death to nursing home residents, medical malpractice attorneys often investigate whether there was sufficient staff on all shifts to provide necessary care to the nursing home residents based not only on the number of nursing home residents assigned to each caregiver, but also based on the level of care that each of the assigned residents required from the caregivers. Medical malpractice attorneys also investigate whether the proper care was timely provided to the injured resident.

If appropriate, medical malpractice claims based on the lack of appropriate and timely care owed to nursing home residents may be alleged based on inadequate staffing levels, inadequate training of staff, and/or inadequate care provided by the nursing home’s staff.

If you or a loved one suffered serious injuries or death as a result of nursing home negligence, nursing home neglect, or nursing home abuse, click here to visit our website or telephone us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to investigate your possible medical malpractice claim and represent you in a medical malpractice case, if appropriate.

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Inappropriate Use Of Anti-Psychotic Medications In Nursing Homes

Thursday, May 3rd, 2012

Federal data recently reviewed by a major newspaper pursuant to a Freedom of Information Act request reveals that the inappropriate use of anti-psychotic medications for nursing home residents is rampant. Anti-psychotic medications are typically used in the treatment of severe mental disorders such as schizophrenia and bipolar disorder.

About 185,000 nursing home residents in the United States during 2010 were given anti-psychotic medications when it was inappropriate to do so. More than 1 in 5 U.S. nursing homes used anti-psychotic medications for a significant percentage of residents who did not have psychosis or other serious mental conditions.

The use of anti-psychotic medications in patients with dementia is particularly dangerous, earning FDA black-box warnings regarding potentially fatal side effects. Anti-psychotic medications can cause dizziness, abnormal heart rhythms, a sudden drop in blood pressure, blurred vision, increased risk of deadly infections, cardiovascular complications, and urinary problems.

Nursing homes sometimes give anti-psychotic medications to combative or aggressive residents under the pretext of preventing the residents from harming themselves or others. However, the statistics seem to lend support to the belief that anti-psychotic medications administered to nursing home residents may be used to sedate and control residents who simply need more attention and care from nursing home staff — more care and attention means more time spent with residents, which in turn requires more staff time (and more staff), which means higher costs for nursing home owners.

The newspaper reported that at least 25% of nursing home residents without conditions recommended for anti-psychotic medication use nonetheless received the anti-psychotic medications in 21% of U.S. nursing homes in 2010. There was a direct link between the staffing of the nursing homes and their rate of use of anti-psychotic medications for their residents — the fewer the staff involved with the residents’ direct care, the greater the rate of anti-psychotic medication use for non-recommended conditions. The nursing homes that used anti-psychotic medications for conditions other than psychosis and similar mental conditions tended to have more residents that the nursing home staff identified as having behavioral problems such as wandering, verbal abuse, physical abuse, or being resistant to care, and the nursing homes themselves had a higher percentage of residents whose care was paid for by Medicaid and not by private insurance.

The newspaper reported that 10 nursing homes in California during 2010 administered anti-psychotic medication to all of their residents who were without psychosis or a related mental condition. On the other side of the spectrum, 146 nursing homes in the U.S. did not use anti-psychotic medications for their residents without psychosis or a related mental condition (that is about 1% of the nursing homes in the United States with at least 50 residents).

Source

If your family member or a loved one was mistreated, abused, or neglected in a nursing home in the United States, the assistance of a local medical malpractice attorney may help in investigating a possible medical malpractice claim against the nursing home.

Click here to visit our website or telephone us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to assist you in bringing a medical malpractice claim against the nursing home.

Turn to us when you don’t know where to turn.

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Oklahoma Nursing Home Abuse: What A Hidden Camera Revealed

Friday, April 20th, 2012

In a disgusting and very disturbing case of nursing home abuse caught on camera, two Oklahoma nursing home caregivers responsible for the care of a 96-year-old resident were allegedly caught on video abusing the woman: one was seen hitting the woman in the face with rubber gloves and placing the gloves in the woman’s mouth while the other stood idly by without intervening to stop the abuse or to protect the elderly resident. Both women have been arrested as a result of the alleged abuse.

The woman’s family suspected that someone was stealing from their relative. They placed a hidden camera in the resident’s nursing home room, believing that they may catch a thief. Instead, they were horrified to see on video the two nursing home employees abusing the helpless woman.

The nursing home said through a representative that it was shocked to find out about the alleged abusive incident. The same nursing home had been cited the month before for failing to do a required background check on one of its nursing aides.

Source

Federal statistics from the General Accounting Office indicate that more than one in four nursing homes in the United States have deficiencies so bad that they cause actual harm to their residents or pose a risk of serious injury or death for their residents. Many of the nursing homes that were cited for deficiencies make temporary changes that are often not in effect the next time the nursing homes are subject to an inspection, re-inspection, or survey.

A Case Study: An Unsuccessful Effort To Allow Cameras In Maryland Nursing Homes

A bill introduced in the Maryland Legislature in 2009 (HB557) that was not enacted into law would have permitted nursing home residents with the right to place video cameras in their nursing home rooms to detect and prevent abuse. The preamble to the bill stated its purpose and summarized its intent as follows:

FOR the purpose of creating an exception to the prohibition against willfully intercepting a wire or electronic communication for a person who intercepts wire, oral, or electronic communications in a related institution under certain circumstances; requiring a related institution to allow a resident or a resident’s legal representative to monitor the resident through the use of video cameras or other electronic monitoring devices; requiring a resident who shares a room with another resident to obtain written consent before beginning electronic monitoring; requiring the related institution to provide power sources and mounting space to set up electronic monitoring devices; prohibiting a related institution from refusing to admit an individual to the related institution or removing a resident from the related institution because of a request to install an electronic monitoring device; prohibiting electronic monitoring from being conducted in the bathroom of a resident; establishing certain penalties for violators; requiring that tapes created from electronic monitoring be admissible in criminal and civil actions brought in Maryland courts, subject to the Maryland Rules of Evidence; requiring that certain tapes and recordings created from electronic monitoring be made available to the Department of Health and Mental Hygiene for a certain purpose; and generally relating to electronic monitoring in related institutions.

HB557 from the 2009 Maryland Legislative Session was re-introduced during the 2010 Maryland Legislative Session as HB1019, but was never enacted into law.

While it may be legal in Oklahoma and some other states to place cameras in nursing home residents’ rooms, other states forbid the placement and use of such cameras. In light of the recent incident in an Oklahoma nursing home, and similar incidents in nursing homes throughout the United States, we urge the state legislatures in those U.S. states that do not permit nursing home cameras in residents’  rooms to re-consider their positions and to enact laws that allow the use of cameras that are intended to detect and prevent nursing home abuse (that is, act as a deterrent to possible abuse) that affects some of the most vulnerable and captive victims of abuse (that is, the elderly and other residents of nursing homes), and to insure that nursing home residents are receiving the required level of care and attention.

If you suspect that someone you know has become the victim of nursing home abuse or nursing home neglect, the advice from a medical malpractice attorney may help you learn about your rights and responsibilities with regard to the situation and to assist you in enforcing those rights.

Click here to visit our website to be connected with medical malpractice lawyers in your state who may be able to investigate your possible claim against a nursing home for nursing home abuse or nursing home negligence and to file a claim on your behalf, if appropriate. You may us reach us by toll free call to 800-295-3959.

Turn to us when you don’t know where to turn.

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Study: Improving Economy Associated With Rise In Nursing Home Deaths

Monday, April 16th, 2012

A recently published research study by a well-respected nonpartisan research group operating under a grant from the Social Security Administration found that during improving economic times when lower-paid nursing home staff seek and obtain better paying jobs elsewhere, there are additional deaths of people over 65 (especially for women over 65) and that overall mortality rates rise with the rising economy. Therefore, there is a basis for concluding that when the economy is expanding, nursing home staff are reduced and become scarce and that deaths among elderly residents in nursing homes rise as a result.

Prior research has shown that death rates in the United States rise during periods of low unemployment and fall as unemployment rates rise. The reason for such is believed to be that health is negatively effected and mortality is thereby increased during periods of economic growth when increasing employment rates may result in increased job-related stress, less time for leisure and physical activities, less attention to a good diet, etc.

The recent study found that for each one percent decrease in the unemployment rate, the mortality rate for men increased by one-quarter of one percent and the mortality rate for women increased by four-tenths of one percent with the increase being the same for women over 65 (women over 65 are typically not employed and therefore job-related causes for the increase in the death rate for women over 65 would not be an explanation for the increase in the death rate for this population).

In nursing homes, the rate is even greater and statistically significant: a 0.56% increase in deaths in nursing homes for every one percent decrease in the unemployment rate. And mortality increases in states with higher percentages of their populations who are in nursing homes.

The deaths of men and women over 65 accounted for seventy five percent of the additional deaths, with women in this age group accounting for fifty five percent of the additional deaths. The study also found that the changes in the death rates for people 65 and older were principally associated with changes in the employment of younger adults. Therefore, the researchers looked into the level of nursing home employment (in which most of the residents are elderly and there are more female residents than male residents since women tend to outlive men) to attempt to find the reason that more of the elderly die as unemployment is falling.

Prior research has shown that the ability of nursing homes to hire lower-paid staff such as nursing aides decreases as the economy improves as these lower-paid employees find higher-paying jobs in other areas of the economy (a one percent decrease in the unemployment rate equates to a three percent percent decrease in nursing home aides and more than two percent decrease in nurses).

Therefore, it appears that the research indicates that a greater scarcity of nursing home aides may have a direct and significant impact on nursing home residents, resulting in nursing home residents dying in greater numbers as the unemployment rate decreases.

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The research would support the common-sense requirement that nursing homes must maintain sufficient levels of care-giving staff in order to provide appropriate care to their nursing home residents. When nursing homes choose to reduce their staff or fail to employ sufficient staff for their residents, the residents suffer serious consequences as a direct result of the insufficient staffing levels.

If you or a loved one suffered injuries or death as a result of inadequate nursing home staffing and/or as a result of nursing home neglect, nursing home negligence, or nursing home abuse, you should promptly consult with a medical malpractice attorney to determine if you may have a medical malpractice claim against the nursing home for the inadequate or negligent care.

Click here to visit our website to be connected with medical malpractice lawyers in your state who may be able to investigate your possible claim against a nursing home or call us toll free at 800-295-3959.

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Connecticut Nursing Home Fined $510 For Resident’s Choking Death

Wednesday, April 11th, 2012

Just how much is a Connecticut nursing home resident’s life worth? The answer may be $510, according to the fine imposed on a nursing home by the Connecticut Department of Public Health (DPH) that could have imposed a maximum fine in the amount of $3,000.00, for the choking death of a resident. The DPH also required that the offending nursing home submit a corrective-action plan to address the choking death incident.

According to state investigators, the elderly Connecticut nursing home resident suffered from pulmonary disease and mental illness. The nursing home care plan for the resident required the nursing home staff to cut up the resident’s food in small pieces and to closely monitor the resident to make sure that he ate slowly and took small bites. The staff were also required to cue the resident to chew and swallow his food. The goal of the care plan was to insure that the resident received the proper nutrition while at the same time insuring that he safely chewed and swallowed his food.

On the day of the choking incident in February, 2012, the nursing home staff left the resident unattended as he ate a peanut butter and jelly sandwich. When the staff returned to the resident, he was found unresponsive in a seated position. An ambulance was called and the ambulance report stated that the resident’s airway was completely blocked with peanut butter. The resident choked to death and was declared dead at the hospital from cardiac and respiratory arrest.

Source

It appears that the nursing home resident had been identified as someone who had a swallowing disorder and/or was at risk for choking while eating that required that close and proper supervision be provided at all times during meals. It is common for some elderly people, people who have dementia, and people with certain physical conditions to require assistance with meals, such as special food preparation (for example, pureeing of food), restrictions on certain foods (such as meats and other foods that may be difficult to chew and/or swallow), and thickening of fluids to help with swallowing. It is quite obvious that people with swallowing disorders may suffer dire consequences, including choking to death, if  there is a lapse in following the required swallowing protocols.

It appears from the investigative report from the Connecticut DPH that the nursing home had identified and addressed the resident’s swallowing/eating issues in his care plan that required close observation, supervision, and cuing while the patient was eating. It is foreseeable that if the care plan requirements are not followed with regard to eating, then the patient can choke to death on the simplest food item in a very short period of time. Choking is a very painful process that takes enough time that most residents would be aware of their dire situation and would suffer severe pain and mental anguish before death.

The Connecticut man’s death is a clear example of the gravest consequences that may result if the simplest but most critical efforts are not consistently made to protect the safety of nursing home residents.

If you or a loved one suffered injuries or death due to nursing home negligence, nursing home neglect, nursing home abuse, nursing home mistakes, or nursing home errors, you may be entitled to compensation for your losses and injuries. The prompt investigation by a medical malpractice attorney may help determine if medical malpractice has occurred.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with local medical malpractice lawyers who may be able to investigate your possible medical malpractice claim against the nursing home and represent you in a medical malpractice case, if appropriate.

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Two Medical Malpractice Wrongful Death Lawsuits Filed Against California Nursing Home

Sunday, April 1st, 2012

A California nursing home in Northern California recently had two medical malpractice wrongful death cases filed against it for the deaths of two of its residents that occurred during 2011.

Case No. 1

In the first case, a man was admitted into the hospital in January, 2011, for treatment of his kidney disease and an infection. After being treated in the hospital, he was discharged to the nursing home for what was supposed to be a short stay for physical rehabilitation while his family arranged for medical care at his home. While in the nursing home, less than one hour after being left alone in his bed in his room, he was found lying unconscious on the floor of his room, suffering from a head injury. He died in the hospital two days later due to brain swelling.

The medical malpractice case filed by his family alleges that the nursing home failed to hire enough staff to take care of its residents’ needs, including the man who died, and that the negligence of the nursing home and its staff led to the man’s injuries and death.

Case No. 2

In the second case, a woman was transferred in February, 2011 from a hospital where she had been treated for her breathing problems to the nursing home for rehabilitative care. The medications that the woman was supposed to get at the nursing home included morphine sulfate and Xanax, which were ordered to be given three times a day (that is, every eight hours). Instead, as the medical malpractice case filed on behalf of her estate alleges, she was given the morphine sulfate and the Xanax at 9 a.m., 1 p.m., and 5 p.m. (that is, every four hours during the day time hours), which caused her to receive much more morphine sulfate and Xanax over a much shorter period of time than prescribed by her doctors.

The medical malpractice lawsuit alleges that as a result of being over-medicated with the morphine sulfate and the Xanax, the woman became medically distressed and had to be transported to a hospital emergency room for evaluation and treatment. The woman was diagnosed as having been overdosed with morphine that was causing kidney failure. She died two and a half weeks later in the hospital from acute renal failure that was allegedly caused by the medication overdose.

Source

Medication errors in nursing homes are not uncommon. Medication errors in nursing homes include the failure to provide the prescribed medications to the appropriate residents at the proper times, giving the wrong medications to the wrong residents, giving multiple medications to residents in combinations that are contra-indicated or dangerous, and not promptly and appropriately addressing changes in the residents’ physical and/or mental conditions that may require a change in medications or dosages, etc. Any medication error in a nursing home can cause harm (or worse) to a resident, especially in an elderly population or very sick population such as found in most nursing homes.

Nursing home medication errors may also result from residents being unable to participate in their own medical care such as questioning the medications that are being given to them, due to their dementia or other medical or mental conditions (for instance, a patient in a hospital who has been receiving a “blue pill” every four hours may question why all of a sudden a “pink pill” is being offered to the patient whereas a nursing home resident who may not have all of his/her mental faculties may not notice the change or be aware that he/she should question the change).

If you, a loved one, a family member, or someone you know has suffered injuries in a nursing home that may be due to medical negligence, you should consult with a medical malpractice attorney who may be able to investigate a possible medical malpractice claim.

Click here to visit our website to be connected with medical malpractice lawyers in your local area who may be able to assist you with a medical malpractice claim for nursing home neglect or nursing home abuse. You may also reach us by toll free telephone call to 800-295-3959.

Turn to us when you don’t know where to turn.

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Sexual Abuse Of Nursing Home Resident Alleged In Minnesota

Monday, March 26th, 2012

A disturbing case of alleged sexual abuse of a nursing home resident in Minnesota is even more egregious because the former nursing home staff member had been investigated for prior alleged incidences of sexual abuse in other nursing homes. Minnesota officials investigated the sexual abuse allegations and the Minnesota state investigators issued a report regarding the alleged sexual abuse of the female resident that occurred repeatedly over a period of several months, including allegations of oral sex and fondling.

When the alleged abuser was questioned, he reportedly denied the allegations of sexual abuse and told the investigators that the resident sometimes did not make sense and thought that the former staffer was going to marry her. However, other nursing home staff members reported that the woman was “alert and oriented” and had expressed to them that ”she just wanted it over.” What is clear is that the female resident had limited mobility and needed assistance with dressing, bathing, and with her bathroom needs.

While the nursing home staff member was fired by the nursing home, a decision whether to file criminal charges against the man has not been made yet. The nursing home was not held responsibility for the alleged sexual abuse because the state investigators evidently determined that it had properly trained its former employee regarding abuse and mistreatment and promptly fired him when the sexual abuse allegations were made.

Source

Nursing homes are required to provide a safe environment for their residents and to provide timely medical care consistent with the needs of their residents. Nursing homes are also required to properly train and supervise their employees to make sure that the proper care is being given to the residents and that the residents are not subjected to abuse or mistreatment.

When hiring their employees, nursing homes are also required to do the proper criminal and background checks to insure that prospective employees are properly licensed to perform the work they are being hired to do and to make sure that the new employees do not pose a danger to the residents.

Nursing homes are required to properly train their employees to prevent, recognize, and report suspected incidences of abuse or mistreatment of residents by other employees, other residents, and visitors to the nursing home. States have designated agencies or departments that are responsible to inspect, investigate, and discipline nursing homes as required by federal and state regulations. The results of inspections and investigations into complaints are maintained by the nursing homes and are available for review by the public at the nursing homes during normal business hours (residents are not identified in the reports by name or otherwise personally identifiable information but are usually referred to as “Resident No. 3″ or the like).

Nursing home abuse and nursing home neglect are inexcusable. Nursing home residents are among the most vulnerable because of their physical and/or mental conditions. Many nursing home residents either cannot report their abuse or neglect because of dementia or other mental or physical conditions or fail to report their abuse or neglect because they fear retribution or further injuries from their abusers, which is understandable because the residents must rely on their caregivers for their daily needs such as taking their proper medications at the proper times, for their nutrition (food) needs, proper hydration (liquids), toileting needs (help getting to and from the bathroom, catheter care, or use of a bed pan), and tranfers from bed to a chair, etc.

What Should You Do If You Suspect That Your Family Member Is Being Abused Or Neglected In A Nursing Home?

Some possible suggestions (check with a local lawyer regarding the rights of nursing home residents and their family members in your state if nursing home neglect or abuse is suspected):

Obtain and review a copy of the nursing home’s written resident’s rights statement at the time of the nursing home admission.

Speak with the resident alone in a location and at a time when the resident will feel the most secure and at ease. Listen carefully not only to what the resident says, but also observe his demeanor to determine if he is frightened. If the resident has a roommate, the roommate or the roommate’s visitors may also be a source of information regarding suspected abuse or neglect.

Regularly check for unexplained bruising or injuries that may be a sign of nursing home abuse or neglect.

Meet and speak with the nursing home’s Director of Nursing and/or the Director/Manager/Owner of the nursing home to address concerns about past suspected abuse or neglect and future care.

Contact the police if a criminal act against a nursing home resident may have occurred (the nursing home may be required to contact the police or other authorities if and when it becomes aware of certain allegations involving the alleged treatment of its residents).

File a formal complaint with the state agency responsible to inspect nursing homes and to investigate claims of nursing home abuse or neglect to resolve serious or dangerous conditions that the resident is experiencing at the nursing home.

Some states may provide the option of placing a video surveillance camera in a nursing home resident’s room under certain circumstances (thoroughly investigate your state’s laws to make sure what you can or can’t do in this regard before deciding to take this step).

Last, but not least, consult with a medical malpractice attorney in your state to discuss your concerns and to discuss how you should proceed under the specific circumstances of your situation.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to assist you, your family, and the nursing home resident with a claim against the nursing home for nursing home neglect  or abuse.

Turn to us when you don’t know where to turn.

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Nursing Home Wandering And Elopement

Friday, March 23rd, 2012

Some residents of nursing homes have cognitive impairments such as Alzheimer’s disease that make them more prone to wandering or elopement, both of which can result in life-threatening injuries or even death. Wandering may be defined as straying into unsafe territories. Wandering may be either goal-directed (the person appears to be searching for someone or something and may make gestures as if performing a task) or non-goal directed (the person appears to be wandering aimlessly and often has a very short attention span).

Elopement is the most dangerous form of wandering in which a confused person leaves an area unsupervised and unnoticed and does not return. Elopers are purposeful and intentional in their attempts to leave the premises and often attempt to leave repeatedly. Elopement exposes the person to potential serious harm such as hypothermia in the winter, injuries due to traffic accidents, or injuries due to hazards such as steps for a person with poor balance, decreased physical strength, or poor vision. Most elopements in nursing homes occur shortly after admission.

Dementia is a group of symptoms that signify the loss of intellectual functions such as thinking, remembering, and reasoning that are of sufficient severity as to interfere with the person’s daily functioning. The most common form of dementia is Alzheimer’s disease which is defined as an irreversible and progressive brain disorder that occurs gradually and results in memory loss, unusual behavior, personality changes, and a decline in thinking abilities. About 50% of people over 85 have Alzheimer’s disease and about 50% of nursing home residents suffer from some form of dementia, of which Alzheimer’s disease is the most common.

Wandering Statistics

Wandering in Alzheimer’s disease patients usually occurs two to four years after the onset of the symptoms of the disease. More than 34,000 Alzheimer’s disease patients in the United States wander from their homes or their care facilities each year. About 11% to 24% of institutionalized dementia patients wander.

Risk Factors For Wandering And Elopement

A nursing home resident with a history of wandering or elopement and alteration in mental status (confusion) are major risk factors for wandering and elopement. Nursing home residents with cognitive impairments such as memory loss and decreases in awareness, reasoning, perception, and judgment are at higher risk for wandering and elopement.

Those suffering from dementia often experience severe anxiety in not knowing where they are, what they are supposed to do, and who the people are who are around them, which causes them to wander in search of answers. Their inability to express themselves may be the basis for them trying to elope to find a more secure and meaningful place. Changes in the brains of Alzheimer’s disease patients may cause them to be unable to retrace their movements after elopement and thereby become lost because they cannot form a mental map of their environment.

People who were more outgoing and socially and physically active before they began to show signs of dementia are more likely to engage in wandering. A patient with dementia who is bored, frustrated, anxious, or depressed is more prone to wandering. Patients with dementia who are sedated are at increased risk for wandering due to increased confusion. A patient who engages in wandering may have an unmet need such as hunger, thirst, pain, or discomfort that may be due to an uncomfortable bed, chair, or lighting. An undiagnosed medical condition such as an infection in a person without a history of cognitive loss may be the cause of the onset of wandering.

In some cases, wandering in a safe environment may be a positive behavior because it may fill a need for exercise, sensory stimulation, or purposeful behavior (wanderers in safe environments in nursing homes may experience better physical health and functioning and may represent a continuation of a prior pattern of exercise for the wanderers).

Reducing The Risks Of Unsafe Wandering And Elopement In Nursing Homes

Nursing home residents must be timely and adequately assessed (and re-assessed, as necessary) for their risk of wandering and elopement. Once a nursing home resident has been identified as being at risk for unsafe wandering or elopement, the nursing home must develop a care plan to address the resident’s needs. The use of physical or chemical restraints that have been used in the past have been shown to not prevent injuries, to increase the risk of injuries, and to contribute to the physical decline and depression of patients (federal regulations specifically state that nursing home residents have the right to be free from any physical or chemical restraint that is imposed for purposes of convenience and not required to treat the residents’ medical symptoms). Instead of preventing the resident’s movements, the nursing home should provide the resident with safe walking areas (uncluttered and well-lit) and safe rest areas to avoid fatigue.

Residents who are at risk for unsafe wandering or elopement may be assigned rooms far from exits. Safety locks for closets and drawers that contain potentially dangerous items may be used. Exit doors may be modified to have mechanisms that require cognitive skills that many people who wander may lack. Electronic devices placed in a bracelet worn by the resident or sewn into the resident’s clothing that triggers an alarm when the resident exits a door or enters an unsafe area may be useful, or the exit doors themselves may have alarms that are triggered when opened by unauthorized users. Video surveillance of exits may be used to reduce the likelihood that a resident who wanders into an unsafe area or attempts to elope from the nursing home will do so without being observed.

Nursing home residents who tend to wander at night or are at risk for falls are frequently provided with bed alarms that alert the nursing home staff when the residents attempt to get out of bed (the nursing home staff still needs to timely and appropriately tend to the residents’ needs, such as toileting , during the night).

Nursing homes must properly assess and treat residents’ depression and provide meaningful activities for the residents, which may help reduce the risk of residents’ unsafe wandering and elopement.

Source

A Recent Pennsylvania Nursing Home Elopement In The News (Twice In Two Days!)

A Pennsylvania nursing home resident eloped from her nursing home on March 21, 2012 (which the nursing home reported at 8:30 p.m.) and returned to the nursing home on her own the next morning (at 4:40 a.m.).

Two days earlier, the same woman eloped from her nursing home between 2:00 a.m. and 6:00 a.m. and was found by the police later that day at a Burger King restaurant.

What will it take for the Pennsyvania nursing home to keep her safe?

Source

If your family member or a loved one eloped from a nursing home and suffered injuries or death as a result, the nursing home may be held accountable for the incident. Medical malpractice attorneys may be able to investigate for you if the nursing home is at fault and should be held responsible.

Click here to visit our website  to be connected with medical malpractice lawyers in your state who may be able to assist you with a claim against a nursing home or call us toll free at 800-295-3959.

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