In Jefferson, Indiana an elderly woman was victimized by her caregiver who stole approximately $30,000 over a period of six months while working for her. 86-year old Merlene Black has stated that the caregiver had isolated her from her friends and family, not allowing them to visit and even listening to her phone conversations.
Continue Reading...A former worker at an assisted living facility has withdrawn her guilty plea in an elder abuse case. The former worker, Iindia Weatherly, had originally plead guilty to a fourth-degree felony in the death of an 87-year-old resident at her facility last summer. Weatherly will now stand trial, as she admits she was careless but denies intentionally injuring the victim.
Continue Reading...A 93-year-old Alzheimer's patient at an assisted living facility in Delray Beach, Florida has died after accidentally swallowing diswasher detergent. The state agency is investigating and the facility may face a $10,000 fine for not properly securing its kitchen, which allowed this tragic event to occur.
Continue Reading...An Orlando assisted living facility is being investigated for excessive use of restraints on a disabled man. The man, Bryan Barboka, 26, suffers from cerebral palsy and is paralyzed except for the use of his left arm. After being restrained, he suffered a fractured shoulder and severe bruising.
Continue Reading...June 15 is the fifth annual World Elder Abuse Awareness Day. The event is organized by the International Network for the Prevention of Elder Abuse (INPEA) to raise awareness of elder abuse, neglect, and exploitation. The day will feature events around the country and the world designed to educate about elder abuse.
Continue Reading...A couple in Tallahassee, Florida has been arrested for operating an assisted living facility without a license. The arrest came after an investigation that uncovered severe neglect of elderly residents.
Continue Reading...A new study suggest that seniors who live in assisted living facilities and nursing homes may be at a higher risk for suicide than those that live alone. This study highlights the importance of nursing home and assisted living staff watching out for signs of suicidal thoughts in residents. Neglectful staff can miss such signs and even contribute to a resident's risk for suicide.
Continue Reading...This article in the Pittsburgh Post-Gazette details efforts by groups around the country to change the culture of nursing homes. The culture change movement focuses on increasing choice and independence for the elderly and moving away from the traditional institutional nursing home model.
Continue Reading...It is always difficult to tell a family that I am unable to represent them regarding the loss or severe injury of their loved one in a nursing home.
However, arriving at the right decision as to whether to accept a nursing home neglect and abuse case is the foundation of a nursing home practice.
Difficult decisions are made at the junction where emotion and intellect intersect.
Emotion is the first to weigh in when a death or life changing event is presented to me for review. It is difficult not to become incensed at the poor care given to our most vulnerable patients or to become attached to a family that has lost a loved one.
Since intellect, in the form of practical considerations, are slow to appear, caution in the decision process is well advised.
Nursing home, assisted living, and group home cases are expensive, labor intensive and emotionally draining for an attorney. They are also difficult for families because they take a long time to resolve and therefore there is delayed closure of the emotional wound.
The first consideration is whether the neglect or abuse resulted in significant injury or death.
The second consideration is whether the injury or death was the result of neglect or abuse.
Having said that, my analysis as to whether to move forward is based on a broad view of the nursing home (including both the specific facility and the parent organization).
I examine the history of the nursing home to determine whether they have had similar problems in the delivery of patient care. Have they learned from their prior mistakes or are they continuing with the same conduct?
I determine whether the harm was the result of a systemic failure such as inadequate staffing, training or oversight. These systemic failures are evidence that the facility was incapable of providing quality care.
I then determine whether the systemic failures were the result of corporate business decisions. In other words, did the nursing home corporation decide to place profits over quality patient care and did that decision lead to the injury or death?
The answer to this question will determine whether the facility’s conduct warrants an award of punitive damages. Punitive damages are assessed against a facility to punish it for outrageous conduct.
Going through these considerations in the case selection process enables me to decide whether to accept or reject a nursing home case. However, it doesn’t make it any easier to tell a family that I am unable to help them.
Assisted Living Facilities are private pay organizations where fees can cost $6,000 or more per month.
They are not skilled nursing facilities and are unable to provide care to residents with complex nursing or medical needs.
In order to fill empty beds, assisted living managers may stretch, in terms of promises they make to families, as to the level of care their facility is equipped or competent to provide.
It may be difficult for a family to place a loved one in a nursing home when they believe that an attractive assisted living facility is willing to accept the patient. However, it is the quality of care that is critical not the quality of the ambiance.
So beware of promises made by assisted living admission representatives and inquire of your loved one’s treating physician about the level of care necessary before making this important decision.
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