State Care Often Fails Developmentally Disabled

Posted on November 8, 2011 by Soraya Dadras

Trying to find the right type of care for your loved one who is developmentally disabled can be extremely difficult. The developmentally disabled population is often fragile, immobile and some are unruly and inclined toward violence. Yet in some states, their care and unexplained deaths are gone ignored, and families are left to mourn the loss of their loved one whose death could have been prevented.

In New York for example, it is especially common for people who are developmentally disabled to die of reasons other than natural causes. In fact, one in six of all deaths in state and privately run homes have been attributed to either unnatural or unknown causes. State records also revealed that problems leading to the deaths rarely resulted in system wide steps like alerts to all operators of homes, to prevent these occurrences from happening. Not only are there many cases of neglect and preventable accidents, there are also a lapse in maintaining safety standards. When one home burned to the ground, it was revealed that it had unrealistic evacuation measures, which caused the death of four residents.

Lawsuits that represent the developmentally disabled in these heartbreaking cases are rare because the economic damages are challenging to assess, because most of the victims are seldom employed. Most families are simply grateful to have a group home for their relative at all. Do not let the systems that are in place by the state take advantage of your loved one. Your loved one deserves the best care and if their well being and life is compromised from a situation that should have been properly monitored, then pursuing legal action can help thousands of people no suffer the same fate.
 
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Elderly Woman Sets Herself On Fire

Posted on June 28, 2011 by Soraya Dadras

In El Paso, TX an 83-year-old woman has suffered first and second degree burns on her hands and face just outside of the Ambrosio Guillen Texas State Veterans Home. Fire officials stated that the woman was smoking in her wheelchair outside of the home when her cigarette fell onto her clothes and burst into flames.

Luckily one of the workers saw the incident and ran out to help the woman.  He took off his shirt and put it over the woman in order to put out the fire.  According to the fire officials, workers stated that they wheeled the woman out daily for her to smoke near the front of the entrance of the building where they are allowed to smoke.  It is unknown whether the woman was supervised at all while smoking.  The medical staff stated that the woman did not suffer from Alzheimer's disease and was therefore not required to have a supervisor while she was smoking.  The woman is currently in the hospital receiving treatment for her injuries. 

It is unfortunate that the worker's of this facility justify not supervising the woman because she did not suffer from Alzheimers.  There are plenty of medications and different ailments that can cause disorientation and cause her to drop her cigarette.  It is up to the supervisors of the medical facility to look after their residents and make sure that the safety of their residents is never compromised.  If your loved one was injured at a care or resident facility then you may want to discuss your options for compensation with a professional. 
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The Nursing Home Family "Toolkit"

Posted on September 8, 2009 by Martin Solomon

Placing a family member in a nursing home is painful and difficult, yet necessary when the medical and physical demands make other options unacceptable.

The nursing home environment and staff procedures may be overwhelming for the family as well as the patient. In order to function in this new environment the family must learn a new set of rules and procedures.

The Nursing Home Family “Toolkit” is a structure that families can utilize to get their bearings in an otherwise confusing situation.

The “Toolkit” is a protocol for gathering information about the facility, its caregivers, management, and the other residents and their families.

Caregivers, Management, Residents and Families

There are many caregivers in the nursing home setting. It’s important for the family to know the names, positions and shifts of all caregivers in order to understand which caregiver is responsible for the delivery of care during each shift.

To the extent possible, it is advisable for the family to meet each of the patient’s caregivers to establish a personal relationship between the family and the facility staff.

Obtaining the names of all supervisory staff and their shifts enables families to understand the chain of command.

The family should learn the name of the Director of Nursing, the Medical Director, and the Administrator and the times they are in the building.

Since there is considerable turnover in nursing homes, the information should be updated quarterly.

Finally, the name of the treating physician, the days and times he is usually in the building is also important.

Other Residents and their Families

You and your loved one are now in the new “community” with other residents and their families. There is a lot to learn and the other residents and families can be very helpful.

They will have information and opinions about the staff and administration which they can share with you. They can keep an eye on your loved one when you are not there and call potential problems to your attention.

Make sure to get the complete names of the other residents and their families, as well as their addresses and phone numbers.

Keeping a Diary

As a lawyer, I review many nursing home neglect and abuse cases. It is very helpful to visit with a family that has kept a diary of the events surrounding the care of their loved one. Details about the problems confronting the family and their efforts to obtain necessary care can go a long way in establishing nursing home accountability.

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