The Lexington, Kentucky NBC Affiliate, LEX18 has reported that an administrator for Hazard Nursing Home Incorporated and the company itself have been charged with failure to report suspected elder abuse. The report states that 61-year-old Sheila Noe was allegedly aware of a possible case of elder sexual abuse from one patient to another and did not report the incident to proper authorities.
Continue Reading...Summers in Phoenix can cause a number of different health afflictions. The police and fire department receive calls on a daily basis with heat related situations. Most of these accidents are preventable. Elderly are especially affected with heat related injuries, due to their various health afflictions and own vulnerability. On Saturday July 17, a 78 year-old man was taken to a Phoenix hospital suffering second degree burns on his feet.
Continue Reading...A man in Coconut Creek, FL has been charged with felony elder abuse in connection with the death of his 62-year-old brother. The 62-year-old man was reportedly sleeping on a couch in his own waste for about three months until his death last week. The man was discovered emaciated covered with small sores all over his body.
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A woman in Albuquerque, NM has been sent to jail for three years following an incident where she and her former husband stole approximately $40,000 from her mother-in-law. 32-year-old Christina Dreischmeyer will spend three years in prison on charges of fraud, neglect, residential abuse and attempted larceny against her 72-year-old mother-in-law.
Continue Reading...A Massachusetts elderly woman has died due to injuries she suffered resulting from severe neglect. Five residents of Fall River, MA reportedly left the 80-year-old woman lying in a recliner in her own urine and feces for over a month.
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A wrongful death lawsuit has been filed against Vian Nursing Home in Sequeoyah, Oklahoma on behalf of the estate of one of its former patients – Raymond Foreman. Foreman died almost two years ago while he was a resident in the facility from December 2006 through July 2008. On July 20, 2008, Foreman died as a result of a maggot infestation.
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The website woai.com has reported that they have received several complaints about a San Antonio nursing home that reportedly has not had air conditioning for several weeks. The complaints stem from the fact that residents have been asked on numerous occasions to remain out of the dining room area and eat in their rooms because of the lack of air conditioning.
Continue Reading...A deadly fire in a Vallejo, CA retirement home killed 3 residents that were staying in the home. Five people pleaded not guilty in Superior Court on Tuesday. All five people own or operate the retirement home and each one faces two counts of manslaughter, two counts of elder abuse causing death and one count of elder abuse.
Continue Reading...According to the website newsobserver.com, a nurse at a North Carolina nursing home is facing murder charges following the death of one of her patients due to high levels of morphine. The facility where the nurse worked is also facing a lawsuit from two other patients because they suffered injuries resulting from negligence on the part of the facility.
Continue Reading...According to Newyourkinjurynews.com, a Florida woman has filed a lawsuit against a man claiming to be a doctor after she suffered burns to her underarms following inferior laser hair removal treatment. According to the report, 22-year-old Monica Jimenez is suing Larry DeJesus after she suffered second and third-degree burns from the treatment
Continue Reading...Officials in South Texas have formed a task force to fight elder abuse. Reported crimes against the elderly were up 15% in Texas last year, and the task force will attempt to fight this problem by focusing on training for nursing home staff and financial exploitation of the elderly.
Continue Reading...Two New Jersey group home operators were arrested due to a fatal fire that killed one of their residents last August. After an extensive investigation, police and fire officials determined that the group home did not have proper safety measures in place to prevent the fire.
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...NBC affiliate WOWT in Nebraska is reporting that Nebraska police officers are currently investigating a potential elder abuse incident. The report states a 74-year-old man was discovered in his apartment lying on a couch. Police said they discovered the environment was unsanitary, including discovering trash, rotting food, and cat and human feces in the apartment.
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...The former CEO of a Milwaukee nursing home who stole from her nursing home while patients were neglected is going to prison for tax evasion. The CEO is alleged to have stolen over $1 million from her nursing home while patients were denied baths and clean sheets and one resident jumped to his death after the staff ignored his threats of suicide.
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...The family of a woman in Bakersfield, CA is accusing her nursing home of not treating severe burns and allowing them to spread over a large portion of her body. Doctors believe the burns were a result of medication the woman was taking, but the failure of the nursing home staff to notice and take proper action caused the problem to become much more severe. This case highlights what can happen when nursing home staffers are inattentive and neglectful.
Continue Reading...A nursing home near Sacramento, California has been ordered to pay $28 million in punitive damages for the death of a resident. The nursing home was found to be deliberately understaffed and to provide substandard care. The large punitive damages amount is a record for Sacramento county and was meant to send a message to the home that they can no longer save money by cutting corners.
Continue Reading...Tucson nursing home Devon Gables has reached a settlement in wrongful death lawsuit bought by the family of a hospice patient who died from sepsis after developing severe pressure sores. It is one of three lawsuits for neglect and abuse that the Tucson nursing home currently has pending against it.
Continue Reading...A nursing home in Brooklyn that neglected a 76-year-old man and caused him to get more than 20 bedsores will be required to pay nearly $19 million to the victim’s family. 76-year-old John Danzy lost nearly 100 pounds and suffered from a serious infection as a result of his bedsores after six months of staying at the Brooklyn Queens Nursing Home. It was also discovered that the nursing home had doctored records to cover up their neglect. As a result, the jury awarded $3.5 million for pain and suffering and $15 million in punitive damages for the doctored records.
Bed sores are one of the most common and most serious results of nursing home neglect. They are caused when a patient is forced to lay or sit in the same position for a long period of time. Nursing homes are required to turn or move patients on a regular basis to prevent bed sores from occurring and keep records of these movements to ensure that they are done properly. Bed sores can erode skin and cause holes in the body and lead to serious infections and even death. If you have a loved one in a nursing home, you should check for bed sores and ask to see records to ensure that bed sores are not developing.
Arizona is one of the few states in the country that has a unique statutory definition of “abuse” of nursing home patients.
“Abuse” means:
1. Intentional infliction of physical harm.
2. Injury caused by negligent acts or omissions.
3. Sexual abuse or sexual assault.
This definition is broader than the common definition of abuse and therefore includes what would ordinarily be classified as simple negligence. This expanded definition is helpful in asserting claims for poor care given to Arizona nursing home patients.
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.
Who is in the best position to report abuse and neglect in a nursing home? The nursing staff, of course. A great many nurses and nurse aides are dedicated caring professionals. Then why aren’t they reporting?
One reason may be is that there isn’t much patient neglect and abuse in nursing homes. However, we know that just isn’t true, so we must look further for the answer.
As it turns out, there is a recent article in the Journal of the American Medical Directors Association (AMDA) which discusses this very issue.
The AMDA article reports on a study done in Iowa and concludes that, although nursing home staff is aware of their duty to report as well as the mechanism for reporting, there is little reporting of neglect and abuse by staff (53% admitted suspicion yet only 35% reported abuse).
The article concludes that the reasons for under-reporting are:
1. Inadequate education and training as to whether actions by fellow caregivers rise to the level of a reportable event.
2. Fear of lack of anonymity.
3. Fear of retaliation by fellow workers and the employer.
4. Inexperience of co-workers in dealing with difficult residents.
5. Staff fatigue resulting from being overworked.
6. Lack of comfort with the reporting agency.
Whatever the reason for inadequate reporting, it is vital to all our welfare that nursing home staff be encouraged and supported in fulfilling their duty to report suspected abuse and neglect.
The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.
Nursing homes receiving Medicare or Arizona Long Term Care funds must comply with federal nursing home health and safety regulations.
Nursing homes that are unwilling or unable to provide quality care must not be allowed to retain their license to engage in business in the State of Arizona.
In Arizona, the Department of Health Services (DHS) is the enforcement agency, acting on behalf of both the federal and state governments.
DHS is responsible for ensuring that Arizona nursing homes follow state and federal regulations and provide quality care to their patients. DHS is supposed to be an advocate for nursing home patients.
Nursing homes are required to be inspected at least once every fifteen months and are to be cited for any deficiency in patient care. Inspections must occur more frequently, however, in the event a complaint is filed against a nursing home for poor care.
Poor Enforcement Equals Poor Care
When health and safety regulations are not strictly enforced, nursing homes are encouraged to neglect patient care in their pursuit of profit.
Strict Enforcement Equals Good Care
On the other hand, when nursing homes are held accountable through strict enforcement, patient care and quality of life improve.
Nursing Homes Promise to Mend Their Ways
Although cited nursing homes promise the DHS that they will correct and improve patient care, many of these same nursing homes continue to provide poor patient care.
It is up to the DHS to prevent repeat offenders from providing bad care to our most vulnerable citizens.
Failure to Strictly Enforce Regulations
All too often, however, the DHS fails to act as an advocate for quality patient care and permits nursing homes with repeat violations to continue to retain their Arizona license.
Generally, the most important health and safety regulations are those that require each nursing home have sufficient nursing staff to provide quality care to patients.
However, in Arizona, there is no minimum staffing level required. This makes the DHS inspector’s role most important and difficult. They must determine whether the facility they are inspecting has enough nurses and nurse aides while considering the medical acuity and functional level of each patient.
This is a big job and the inspectors do not uniformly take the time necessary to perform this analysis.
It is up to us to demand patient protection through strict agency enforcement of health and safety regulations.
The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.
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