Arkansas Personal Injury Blog - Nursing Home & Elder Abuse

Bush Directive Impedes Justice for Nursing Home Residents

Ryan Scott — Thu, 16 Apr 2009 18:40:53 GMT

A rule enacted by the exiting Bush Administration shut off a source of information for victims of nursing home abuse and neglect, according to the Washington Post. Cindy Skrzycki of the Washington Post brought this change in policy to the forefront in her article in the February 24, 2009 edition.

According to Skrzycki, the George Bush Administration enacted rule in the fall of 2008 that designates state inspectors and Medicare and Medicaid contractors as federal employees, which, generally speaking, shields them from providing evidence of the information they obtain to either side in private litigation. The effect of this designation is that both plaintiffs and defendants have to seek court orders to obtain inspection reports and to order depositions.

The new rule, according to Skrzycki, generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program without approval by the head of the Department of Health and Human Services.

The Bush Administration said that participation in private cases "diverts employees from their federal survey, certification and enforcement responsibilities," the document went on to say, "the cumulative effect of these requests can impede these activities."

What these changes impede are the efforts of those who seek justice on behalf of the most vulnerable. It is interesting to see the hypocrisy of those who championed tort reform because... wait for it... our courthouses were backlogged, only to enact this rule (without public notice).

A rule that requires both plaintiffs and defendants to "clog the court's docket" with motions and hearings to discover information that was once taken for granted by both sides as necessary and proper for a fair trial.

As to diverting employees from their duties. Isn't their ultimate duty to protect those who cannot protect themselves? If so, history has shown the best way to ensure compliance is to make known there are serious legal (and monetary) repercussions. Blocking access to the information combats this goal and diverts the department from its greatest objective.

And, by the way, it clogs the court's docket, delaying more "serious" matters.

Originally posted at InjuryBoard by Ryan Scott

FEDERAL GOVERNMENT RATES NURSING HOMES

Sach Oliver — Tue, 20 Jan 2009 09:51:13 GMT

According to the associated press December 28, 2008, around 22 percent of the nation’s nearly 16,000 nursing homes received the federal government’s lowest rating, while 12 percent received the highest ranking possible. This information is a compilation of data that the Centers for Medicare and Medicaid Service’s Agency obtained from three years of inspections of nursing homes. The reason for the new rating system is to make the data easier for patients and families to be able to evaluate a nursing home.

Under the new system, five stars means a nursing home ranks “much above average,” four star indicates “above average,” three means “about average,” two is “below average” with a one indicating “much below average.” The rankings are updated quarterly and of course the industry is already questioning their validity. This is also a way to get those nursing homes that have the lowest rating to improve the care they provide.

Our firm wants to assist our clients and the public with as much information as possible in order to make an informed decision regarding the care of loved ones. If you are researching nursing home facilities you may obtain additional information at Medicare’s Nursing Home Compare Web site: http://Medicare.gov/NHcompare.

Originally posted at InjuryBoard by Sach Oliver

Elder Abuse - A Serious Problem

Kim Cooksey — Fri, 16 Jan 2009 12:28:51 GMT

When I was in high school, my thoughts of what the elderly were like centered around my grandparents. They were healthy, able to take care of large yards and gardens and tend to the grandchildren to boot! However, as I have aged and become more immersed in my nursing career, I have come to realize that this view was skewed. Not all individuals in this age group have this lifestyle.

I am very fortunate to have the opportunity to work in two very prestigious fields, the legal field and nursing. In so doing, I have come across instances of elder abuse. There are several types of abuse which are recognized in both practice fields. “Elder abuse is a term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. The specificity of laws varies from state to state, but broadly defined, abuse may be:

Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
Emotional Abuse - Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.
Sexual Abuse - Non-consensual sexual contact of any kind.
Exploitation - Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
Neglect - Refusal or failure by those responsible to provide food, shelter, health care or protection for a vulnerable elder.
Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.”

For those who work in the medical field, if signs of abuse are noted, we are mandated to report them to the appropriate authorities and it becomes a legal issue at that point. I urge those of you who come into contact with the geriatric population to look for signs of abuse and if they are found, please notify the appropriate authorities.

Originally posted at InjuryBoard by Kim Cooksey

What to look for when choosing a nursing home for your loved one

Sach Oliver — Fri, 12 Dec 2008 17:37:54 GMT

There comes a time in life when you have to make a decision regarding the long term care of loved ones. There is important information to ask for and consider before deciding on a nursing home. We have a few suggestions:

(1) Preparing for the Search:

All family members should be involved in the research and decision making when it comes to moving your family member to a nursing home. First, you should talk with your family doctor to find out what services, particularly health care and medication scheduling, are needed from any facility.

Also have a detailed list of the services your loved one needs when you start researching facilities. Work with your doctor to make sure you have covered every daily need. Also, if you have a specific health condition, keep in mind “extra care” may apply.

Always ask for recommendations on nursing homes from your doctor, attorney, clergyman, or maybe even your next door neighbor. They all could have prior experience in choosing a nursing home for their loved ones. Also, you can get a list from your local state health department and check the local area agency on aging. You may also want to check the Eldercare Locator at www.eldercare.gov.

(2) Costs and Fees:

Nursing homes can be expensive; AARP estimates the cost to be about $50,000 a year per resident. The costs include a Daily Rate (which includes services such as food, laundry, rent, housekeeping, and basic nursing services. Amenities such as a phone or TV cost extra); basic nursing services, and extra fees for medication management, costs of medication, hand-feeding, glucose monitoring, and services such as physical therapy are considered extra. Be sure to get a breakdown before you sign up.

All nursing homes are required to provide a written resident assessment that lists all the services the resident requires along with its fee. This is a care-management tool but you can also use it to estimate the total costs of care.

Finally, choosing to move your loved one into a nursing home may be difficult for both of you. Prepare to involve your loved one if possible by discussing what long term plans they already have made. It will make the transition easier if they understand that you want to make sure their wishes and care come first. Also, be sure and spend the first day with your loved one and continue to visit often.

I would like to thank Leona Crowe, our legal assistant, for helping me research this important topic.

Originally posted at InjuryBoard by Sach Oliver

Nursing Homes and the Frail Elderly

Frank Bailey — Thu, 27 Nov 2008 18:55:31 GMT

My mother lives in a nursing home. She is 101 years old. I am fortunate to be able to check on her every morning as the home is just a short distance from the office.

I worry about the frail elderly whose family lives away. Who can check on them? These residents, yes they are residents because this is where they live, are completely dependent on the staff to look after their every need.

Yet, the staff has their own family. Often the staff in nursing homes is required to work double shifts just to make ends meet. Who would want their jobs? Low pay, hard work is the daily routine for these workers.

In all the nursing home cases of abuse and neglect we have handled, the root cause for the abuse and neglect goes right up the corporate latter to the top. We see executives who make millions, while the staff is paid little more than minimum wage.

We all need to band together by contacting our representatives to improve the pay for staff to make nursing homes safer. You can go to “Nursing Home Compare” to see how the nursing home your loved one is living in compares to others. Do it today.

Originally posted at InjuryBoard by Frank Bailey

Trials, Trials, and more Trials

Sach Oliver — Tue, 25 Nov 2008 18:14:44 GMT

Wow! In the last month, our firm has tried two four day jury trials and been blessed with wonderful verdicts for our clients. One of the trials was in Melbourne, Arkansas and the other was in Little Rock, Arkansas. We appreciate the time the jurors took out of their lives to serve as jurors. We appreciate the Judge's time and all of those people who help to run the court system. We also appreciate our clients having the faith and trust in us to take their cases before 12 honest jurors, present the case, and allow jury system to work to decide fair and just results. Also, it is a pleasure to try cases against respected and trustworthy defense attorneys as we experienced in both cases.

I have blogged on this topic before, but it is worthy of mentioning again. One of my favorite things about a mult-day trial is the deep relationship we develop with our clients. There is nothing that brings you together more than working in the trenches together all day long. During a trial, we experience positive and negative times, emotional feelings whether sad or happy, a tremendous amount of talking on serious matters and for laughter, and developing trust for each other.

The only way to maximize the value of our clients cases is to be 100% prepared to go to trial. I know it is likely that a case will settle as most do and it is easier on both parties to settle the case. We do all that we can prompt good faith settlements. However, I look forward to our next trial. I look forward to working with our client/s during our next trial. I look forward to the opportunity to watch and particiate in our jury system as a group of people make the final decision and not an insurance company or corporation or politician.

Originally posted at InjuryBoard by Sach Oliver

Nursing Home Litigation

Frank Bailey — Tue, 25 Nov 2008 16:39:33 GMT

Nursing home cases in Arkansas present unique problems. Many nursing homes no longer carry liability insurance and have mortgages and liens against their assets, making collection of any judgment next to impossible. After a series of large verdicts here in Arkansas the homes could no longer afford to carry liability insurance.

Unless the offending nursing home is part of a national chain or has liability insurance, collection of a judgment is a challenge for the resident’s attorney. We have been successful in the past in settling lawsuits against homes with no insurance, but often these cases settle for less than the full value of the case.

My advice in selecting a nursing home for your loved one is to inquire about their history of lawsuits in the past. One good source is the Medicare website, Nursing Homes Compare. This site allows you to look at the quality of care the particular home has provided in the past, together with any complaints against the home.

The bottom line is to thoroughly check out a home before placing a loved one there. Often families discover poor care only after it is too late.

Originally posted at InjuryBoard by Frank Bailey

Nursing Homes Can Prevent Falls

Frank Bailey — Thu, 20 Nov 2008 11:15:00 GMT

As more and more people enter nursing homes, falls become more prevalent. Here are some ways Nursing Homes can prevent those falls:

Exercise is extremely important. Tai Chi or Yoga can be helpful
Medication interactions often make people dizzy. Care should be taken to make sure there are not interactions.
Frequent eye exams can prevent problems with sight.
Proper lighting or night lights can help.
Remove clutter and throw rugs, they can be deadly.
Install handrails where needed.

These simple steps can prevent a fall and devastating consequences. The government has an excellent site to help prevent falls.

Originally posted at InjuryBoard by Frank Bailey

Warning Signs of Nursing Home Neglect

Ryan Scott — Thu, 16 Oct 2008 10:51:00 GMT

Nursing home abuse and neglect is something that families never expect will happen to their loved one. It is important to know the warning signs that your loved one may exhibit if he or she is the victim of neglect.

Warning Signs of Possible Nursing Home Abuse and Neglect include the following:

1. Sudden Weight Loss

2. Bedsores

3. Bruises

4. Falls

5. Staff Inattention

6. Restraints

7. Malnutrition

8. Dehydration

9. Infections

If you discover that your family member or loved one is not being treated properly in a nursing home, it is so important to contact a law firm that can put a stop to the abuse and neglect.

Originally posted at InjuryBoard by Ryan Scott

Abuse Ignores Age

Drew Dixon — Wed, 11 Jun 2008 17:32:19 GMT

Elder abuse is often defined as a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.[1] In 2006 the United Nations designated June 15th as World Elder Abuse Awareness Day (WEAAD) and each year an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse.

According to statistics released by the NCEA, more than 30 percent of all nursing homes in the United States have been involved in some form of resident abuse. Furthermore, more than 50 percent of the nursing homes in the United States are understaffed.

With the age of the population ever increasing, more people find themselves requiring the assistance of these facilities. In fact, it is estimated that the demand for beds will far exceed the supply by the year 2010.

Most people believe that nursing home abuse comes at the hands of staff members. However, many instances of abuse come from other residents or occupants. Thus, it is hard to make an exact definition of nursing home abuse because no two cases are the same. Nursing home abuse may be in the form of physical abuse, sexual abuse, financial exploitation, malnutrition, and neglect.

An increasing area of elder abuse stems from self-neglect. Self-neglect is a condition in which an individual neglects to attend to their basic needs, such as personal hygiene, appropriate clothing, feeding, or tending to their medical needs.[2]

For more information on elder abuse and events being held in your area check out http://www.inpea.net/weaad.html.

[1] Action on Elder Abuse, accessed June 11, 2008.

[2] Pathways Courses-Out of the Shadows, accessed June 11, 2008

Originally posted at InjuryBoard by Drew Dixon