Archive for the ‘Nursing Home Abuse’ Category

Nursing Home Negligence

By Thomas Smith

Thursday, September 14th, 2017

Those who cause personal injuries, or make chronic illnesses worse due to nursing home neglect, need to be held accountable.   That includes directors, administrators, owners, and those charged with the day-to-day responsibilities of keeping our beloved elder parents, grandparents, friends and others both safe and well.

Personal injuries such as bedsores or ulcers, chronic diseases, and death often arise due to nursing home negligence.  These victims, and their families, are entitled to be compensated for any harm or loss suffered by this neglect or carelessness while residing in a nursing homes or rehabilitation facility.

Following Hurricane Irma six patients of a Florida nursing home died after spending days without air conditioning and failing to otherwise receive proper care.  Those responsible will not only be held accountable for money damages for these wrongful deaths, but a criminal investigation is also likely.

If you , a loved one, or someone you know has been injured as the result of nursing home negligence, you should contact an attorney skilled in holding such facilities accountable, or with personal injury trial experience, to discuss and protect your legal rights

Nursing Home Preparedness During Natural Disasters

By admin

Wednesday, August 30th, 2017

Our thoughts and prayers go out to all those affected by devastating effects of Hurricane Harvey … but especially those within our most vulnerable populations, such as residents of nursing homes and assisted living facilities.

In 2016 the Centers for Medicare & Medicaid Services (CMS) finalized a new rule establishing emergency preparedness requirements for healthcare providers participating in Medicare and Medicaid. The new rule is aimed at increasing patient safety during emergencies and establishing a more coordinated response to natural and man-made disasters.

Despite this ruling, gaps continue to exist in nursing home emergency preparedness and response during disasters:

http://time.com/4917743/la-vita-bella-nursing-home-dickinson-texas-photo/

While this story has a happy ending many do not.  We must always hold facilities responsible for the care and treatment of nursing home residents.  Few people think to ask about disaster preparedness when selecting a nursing home – but they should.

If you or your loved ones have questions please call our offices at 609-520-0900.

New Ruling Bans Using Arbitration Clauses To Bar Class Action Law Suits

By admin

Friday, July 14th, 2017

The Consumer Financial Protection Bureau on Monday issued a final rule banning companies from using arbitration clauses to bar consumers from filing class action lawsuits.

The Bureau said that mandatory arbitration clauses with class action litigation regulations stop consumers with similar problems from banding together against credit card companies and other lenders to dispute small fines and charges.    Individually many consumers think they are unable to pursue small-dollar disputes or do not think that the ultimate payout would be worth the trouble, allowing companies to wrong consumers with little consequence, the CFPB said.

“Arbitration clauses in contracts for products like bank accounts and credit cards make it nearly impossible for people to take companies to court when things go wrong,” CFPB Director Richard Cordray said in a statement.

While we at PR&A believe this is a step in the right direction we would like to see the ban widen to include arbitration clauses in general.     Forced arbitration is requires parties to resolve their conflict without a trial; by an arbitrator often chosen by the corporation, and the arbitrator’s decision is almost always impossible to appeal.    This process denies people their right to a fair hearing and often tips the scale towards the protection of the corporation.  We find this exceptionally problematic for our nursing home clients who often find themselves facing these clauses as part of their admission agreement.

For more information on the ruling please visit the site below:

https://www.law360.com/articles/942749/cfpb-rule-blocks-class-action-bans-in-arbitration-clauses

 

 

New Jersey Offers Free Use of Micro-Surveillance Cameras to Monitor Nursing Home Treatment

By admin

Thursday, May 11th, 2017

New Jersey Attorney General, Christopher Porrino, and the Division of Consumer Affairs announced recently that they are expanding their safe care cam program.  The program which was designed to protect those living in nursing homes, assisted-living facilities, residences for the developmentally disabled and other care facilities will now allow individuals to borrow a micro-surveillance camera to keep a hidden eye on loved ones.  Prior to this ruling the cameras were only available for use in private home situations.

Residents who want to borrow a hidden camera should call 973-504-6375 and leave a message or call 800-242-5846. There is no requirement you provide evidence of abuse to obtain a camera.

In another initiative to improve patient safety, the state will no longer allow home health aide applicants to begin working in homes until the Board of Nursing reviews the results of criminal background checks.

For more information please visit the following links:

http://www.courierpostonline.com/story/news/local/new-jersey/2017/05/09/nj-expands-safe-care-cam-program-nursing-homes/314220001/

http://hackensack.dailyvoice.com/police-fire/nj-offers-hidden-cams-to-monitor-loved-ones-nursing-home-treatment/710087/

Caring For The Elderly

By admin

Wednesday, June 17th, 2015

At Pellettieri Rabstein & Altman we fight for the rights of the elderly and we respect and appreciate others who join us in their support.

Please enjoy this trailer which shows why what we do is so important…

http://youtu.be/6K3H2VqQKcc

Thank you.

Nursing Home Abuse: Alzheimer’s Patient in Florida Tragedy Reinforces Need for Strict Nursing Home Supervision

By admin

Friday, October 31st, 2014

Two certified nursing assistants at Florida nursing home are under arrest after they tormented and hit a 75-year-old Alzheimer’s Disease patient, according to Winter Haven police.  The alleged nursing home abuse was caught on camera.

Detectives say the patient’s son saw unusual bruises on his father’s arms and legs and decided to set up a hidden camera which revealed three specific incidents that happened over a timespan of three weeks.

These are the images of our nightmares; entrusting a loved one to another’s care only to find that trust has been violated and abuse has occurred.  It is imperative to know the warning signs of abuse.  Some red flags include:

Falls, fractures or head injuries
Bed sores (pressure ulcers)
Ligature marks around throat, mouth, wrists or ankles
Sudden changes in weight
Unusual or sudden changes in behavior
Soiling, poor hygiene, urine and feces odor

It is also very important to monitor your loved one’s treatment at the chosen facility on a regular basis, and immediately voice your concerns if you suspect any type of nursing home abuse, neglect or denial of your loved one’s rights. Studies show that family involvement increases the likelihood that a long-term care resident will receive quality care

In-room surveillance camera’s (like the ones used in the case above) may be another option.  For more information on “Granny Cams” please see our related blog:
http://www.njmedmalpracticeblog.com/2013/11/21/granny-cam-nursing-homes/

Should you suspect nursing home abuse or neglect please call me at 609-520-0900 for a free consultation.

Pressure Ulcers and Expensive Care Plague New Jersey Nursing Homes

By admin

Thursday, July 31st, 2014

According to a recent survey over 8 percent of New Jersey nursing home residents were reported to suffer from pressure ulcers, also known as bed sores.  This ranks New Jersey higher than the national average, which has a median rate of 5.9 percent, and placed them second-worst in this category.

New Jersey nursing home residents also fared poorly when it came to cost of services; ranking sixth-highest in the nation.

The report, sponsored by AARP as well as the Commonwealth Fund and the SCAN Foundation, ranked NJ 26th overall after some of its problems were mitigated by nursing home practices that were working; such as 8th lowest staff turnover rate and fourth lowest number of patients prescribed anti-psychotic medication.

Eight percent of residents with pressure ulcers is a statistic that is not acceptable!  Pressure ulcers are avoidable and they are a sign of nursing home neglect.   If you or a loved one is not receiving the care you are paying for, and deserve, contact us immediately so we can help!

Hip Fractures in Nursing Home Residents often lead to death or immobility within six months

By admin

Monday, July 7th, 2014

Half of nursing home residents who have a hip fracture either die or lose the ability to walk on their own in the six months after the injury, according to a new study.

Recently published findings from the from the University of Pennsylvania Perelman School of Medicine indicate that nursing home residents older than 90, and those who did not have surgery for the fracture, were most likely to die or become completely disabled.   Of those who had not died, 28 percent were newly dependent on others to get around.

Results also showed “marked decreases” in various activities of daily living such as eating, bathing, dressing or moving in bed, said Neuman, assistant professor of anesthesiology and critical care at Perelman.

“When nursing home residents can no longer ambulate, this restricts their ability to participate in activities at the nursing home,” said Lauren Beaupre, who has studied hip fracture at the University of Alberta in Edmonton, Canada.  “They will likely spend more time in bed, which can only increase their frailty”.

Nursing homes must take the risk of falls and hip fractures seriously. Nursing homes, assisted living facilities and hospitals are obligated to identify patients and residents at risk for falling and develop plans to prevent falls. When a facility does not develop a plan, fails to develop a reasonable plan, or does not follow the plan, the nursing home or other facility should be held responsible for a hip fracture that results from a fall as well as the other debilitating conditions that result from it.

Granny Cam: Nursing Homes and Long Term Care Facilities

By admin

Thursday, November 21st, 2013

Should surveillance cameras be allowed in long term care facilities or nursing homes?  Opinions may vary but Doris Racher’s opinion is clear on this issue.  A recent NY Times article explains why.  Ms. Racher placed a motion-activated camera in her mother’s nursing home room and witnessed an aide stuff latex gloves into her mother’s mouth while another taunted her, tapping her on the head and laughing.  She then watched as an aide hoisted her mother from her wheelchair and flung her onto a bed while the other performed heavy handed compressions to her chest. Ms. Racher’s mother died soon after these events.

Although some states have established guidelines for electronic monitoring, most legislative efforts have stalled because of questions about liability and privacy rights.  Proponents of hidden cameras argue that the expectations of privacy have fallen throughout society, and families cannot be there to watch their loved ones 24 hours a day.  While opponents of the placement of these cameras, such as Gregg Crist who is a spokesman for an organization composed of nursing home facilites, argues that a trusting relationship should be established between the resident and the facility, and that granny cams do not help develop such a relationship.

Tell that to the family of a stroke victim in  Zanesville, Ohio where a camera caught the actions of an aide repeatedly leaving his meals by his incapacitated side but never making any effort to feed him.  Similar cases of nursing home abuse have been captured in other states by families who have placed granny cams in their loved one’s nursing home room.  For more information follow this link to the NY Times article “Watchful Eye In Nursing Homes”.  Should you suspect nursing home abuse or neglect please call me at 609-520-0900 for a free consultation.

Nursing Homes Neglect – When Promises Are Broken

By admin

Friday, July 26th, 2013

We’re all getting older. As a country and individually. Our reality now has nursing homes as something those we love face in ever increasing numbers.

The increase in population of those facilities and the people who populate them tells us at least one thing. There is profit sought and made. With that profit comes responsibility.

It is not just round the clock custody, feeding, and sleeping facilities.

They are taking in people with real needs and real expectations. Their population is an aging one with expectable needs and recurring medical issues and risks. They are people often with reduced mobility, falling risks and bed sore problems built in to that immobility and time spent in bed.

While they might want to shield themselves by saying they can’t protect against these problems or be more aggressive or aware of the exposure you or your family member faces, the fact they seek to profit from offering to “care” for these people, tells us otherwise.

We’ve been looking into these problems for a long time and know the excuses offered and the truth to what these facilities can and should do, to actually give the “care” they promise.

If you or a love one has been victimized by an unkept nursing home promise, and been hurt by it, let us know. Our medical malpractice attorneys can talk about the details and see what can and should be done to provide the only thing the law can, after the injury has happened. Compensation, to the extent it can reduce the impact of what has been done to you or one you love.

For more information,  please visit our website at www.pralaw.com or call us for a free consultation at 800-432-LAWS.  Since 1929 we’ve been helping people when they needed it the most.   Contact us so we can help you.