Arkansas Personal Injury Blog - Nursing Home & Elder Abuse - Most Popular

Pressure Sores in Nursing Home Residents

Frank Bailey — Tue, 13 Nov 2007 12:44:13 GMT

Our frail elderly population is at risk to develop pressure sores in a nursing home environment unless certain rules and protocol are followed by the nursing home staff. Although most pressure sores can be prevented, far too many residents of nursing homes develop pressure sores which go untreated, leading to serious injury, infection and in severe cases death.

In hospitals, the incidence of pressure ulcers ranged from 2.7 percent to 29.5 percent in recent studies. Among persons in skilled care and nursing home-type facilities, prevalence of pressure ulcers was found to be 23 percent.
Certain goals must be followed in order to lessen the incidence of pressure sores:
Goal: Identify at-risk individuals needing prevention and the specific factors placing them at risk. These factors include immobility, incontinence, nutritional factors such as inadequate dietary intake and impaired nutritional status, and altered level of consciousness.
Goal: Protect against adverse effects of external mechanical forces...pressure, friction, and shear. Individuals in bed assessed to be a risk for developing pressure ulcers should be repositioned at least every 2 hours if consistent with overall patient goals. A written schedule for systematically turning and repositioning the individual should be used.
Goal: Reduce the incidence of pressure ulcers through educational programs. An educational program for prevention of pressure ulcers should include information on etiology and risk factors, risk assessment tools and their application, skin assessment, selection and/or use of support surfaces, development and implementation of an individualized program of skin care, demonstration of positioning to decrease risk of tissue breakdown, and instruction on accurate documentation of pertinent data.
Families of nursing home residents must be continually vigilant to protect their loved ones from developing pressure. At the first sign of a red spot on skin, the staff should be notified and appropriate measured taken to prevent further injury. Early intervention by an attorney skilled in nursing home cases of abuse and neglect is often the best tact for families who suspect abuse or neglect.

For more information on this subject, please refer to the section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Frank Bailey

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

How To Discover Nursing Home Abuse And Neglect

Frank Bailey — Thu, 01 Nov 2007 09:25:23 GMT

Nursing home abuse and neglect continues to turn our stomachs. When corporations put profit over people, our country is in a sad state. Our government appears to have little ability to end this problem. It is time for the families of nursing home victims of abuse and neglect to take a stand. Attorneys who are trained in nursing home cases can help to bring the abusive homes to their feet.

Over the years we have allowed greed to invade the corporate structure in America. We read about CEO's who make millions with golden parachutes while the workers, the people who do the work, only get minimum wages.

What are the signs of nursing home abuse and neglect? A bad odor is a good place to start. If the home doesn't keep the residents clean, that is a sign of more serious abuse and neglect. Call lights unanswered for long periods of time because there is not enough staff to provide the care needed is another sign. It is up to a resident's family to be vigilant and at the first sign of nursing home abuse and neglect contact an attorney trained in nursing home abuse and neglect.

For more information on this subject, please refer to the section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Frank Bailey

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

Old Age: Golden Age or Black and Blue Age?

Jeanie Oliver — Thu, 13 Dec 2007 15:48:22 GMT

Rocking chairs usually remind most people of the most beloved and protected time of their lives. That time when we were babies and in the caring arms of our parents or grandparents. People who had our best interest at heart. But, rocking chairs also remind some people that we will all get old. A process that will aflict all people. Also, unfortunately, with that age will come abuse and neglect for too many in our society.

Abuse and neglect of the elderly is a rising problem in the nursing home industry today. Abuse is the intentional harm of a patient: physical, emotional, or sexual. Neglect is that harm caused by the staff of a nursing home because of inadequate knowledge, training or laziness. Abuse is prevalent in nursing homes because all too often the system for background checks for staff is faulty. Federal law, according to the AARP, does not require long-term facilities to conduct national criminal background checks. Even in states that require background checks, the process can take 4 months. In some states, employees are allowed to work while waiting on the checks. So during this wait time, residents are in possible danger. In Arkansas, the Attorney General's office handles complaints and reports of elderly abuse in nursing homes. Information on this issue in Arkansas can be obtained at www.aradultprotection.com. Plan ahead and protect your loved one with knowledge and education in this area. Let's help old age be the golden age for all of America's elderly.

For more information on this subject, please refer to the section on Nursing Home Abuse and Elder Neglect.

Originally posted at InjuryBoard by Jeanie Oliver

Nursing Home Abuse and Neglect

Frank Bailey — Wed, 19 Dec 2007 09:08:44 GMT

America has to face the growing problem of caring for our frail elderly. All too often, our loved ones are mistreated and abused by underpaid overworked nursing home staff. It is time Americans address this horrendous problem by bringing to light the abuse anytime it is found.

Just today I read about a terrible case of abuse and neglect that occurred in California. The article reminded me of a case that occurred here in Arkansas not too long ago. The article related the story of a wonderful man who suffered a stroke. Unable to care for him herself, his wife placed him in a nursing home that cost $75,000 a year. Apparently someone became frustrated and wrapped a towel around his head until he died from lack of oxygen.

I hope the family will get to the bottom of this terrible case and save others from the same fate.
Over the years, our firm has had the privilege of representing the victims of nursing home abuse and neglect to right these terrible wrongs. We hope we have done just a little to make life better for those loved ones who are still being cared for in homes.

For more information on this subject, please refer to the section on Nursing Home Neglect and Elder Abuse.

Originally posted at InjuryBoard by Frank Bailey

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

How To Use The False Claims Act To Prevent Nursing Home Fraud And Patient Abuse

Frank Bailey — Wed, 14 Nov 2007 12:16:43 GMT

As the baby boom generation moves from middle age to retirement, tens of millions of Americans will be entitled to Medicare benefits. Nursing home care and home health care are two of the fastest rising areas of Medicare spending.

It has been estimated by the General Accounting Office (GAO) that as much as 10 percent of the federal budget is lost to fraud and abuse. The Federal False Claims Act, with its "qui tam" provision, has become one of the primary means the government has for fighting fraud in the Medicare, and Medicaid programs.
The False Claims Act, sometimes referred to as "Lincoln's Law," was passed at the urging of President Abraham Lincoln in 1863 to combat the fraud being perpetrated on the Union by profiteers selling shoddy, defective, or nonexistent goods. The act provided that the individuals who provided information were compensated by receiving bounties of up to 50 percent of the money the lawsuit recovered for the Treasury. This bounty or "qui tam" was the reward given whistle blowers for information.
The Congress amended the Act in 1986 to provide successful qui tam plaintiffs at least 15 percent and up to 30 percent of the funds they help recover from the defendant.
The latest figures show in 1998, that 60 percent of the cases involved health care. In 1998, the government filed 472 cases and recovered 394 Million dollars for false claims. On average, the amount paid by the government to individuals who provided information as their share has been 17 percent.
A small but growing number of cases have been b brought under the False Claims Act alleging fraud in the context of nursing home care, either by improper billing for supplies, unnecessary care, and more recently, substandard care.
We can all help our government by coming forward with information we have concerning Medicaid or Medicare fraud. A personal injury attorney can help review the case and direct the "whistle blower" in the proper channels.

Originally posted at InjuryBoard by Frank Bailey

Argyle Nursing Home Aide Guilty of Abuse

Shannon Weidemann — Mon, 15 Oct 2007 12:30:23 GMT

A man that worked as a nursing home aide at Pleasant Valley Nursing Home in Argyle for three months has plead guilty after he was charged with patient abuse. He was accused of placing a pillow over the face of a patient and then hitting the pillow. The 85-year-old victim suffers from Alzheimer's disease.

He pleaded guilty to first degree reckless endangerment Thursday as his trial was about to begin in Washington County Court. In exchange for his guilty plea, he will be sentenced to six months in Washington County Jail followed by five years of probation.
He will also be prohibited from working in the health care field in the future.

The nursing home aide said that the incident was a joke when asked about it by the nursing home assistant director.

If you would like to read more about nursing home abuse, please visit InjuryBoard's Nursing Home & Elder Abuse information page.

Originally posted at InjuryBoard by Shannon Weidemann

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