Arkansas Personal Injury Blog - Nursing Home

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

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

Abuse Ignores Age

Drew Dixon — Thu, 21 Feb 2008 16:30:55 GMT

The National Center on Elder Abuse (NCEA) routinely collects data and information regarding nursing home residents and instances of nursing home abuse. Once the information is collected the NCEA compiles the information and releases statistics regarding abuse in nursing homes and other care giving facilities in the United States. However, the NCEA cannot determine just how many older Americans are being abused. It is estimated that for every 1 case of elder abuse, neglect, exploitation, or self-neglect reported, approximately five more cases go unreported.

According to statistics recently 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. 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.

For more information on nursing home abuse and ways that you can help, please check out the NCEA website at: www.ncea.aoa.gov.

Originally posted at InjuryBoard by Drew Dixon

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

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

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

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

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

CREATING BALANCE IN PERSONAL INJURY

Sam Morris — Fri, 19 Oct 2007 11:22:23 GMT

We at Bailey & Oliver Law Firm believe all people are to be treated equally regardless of their race, gender or social status. Our lawyers work independently to provide a balanced approach to each of our client's needs. Our goal is to restore peace of mind and prosperity to the hardworking individuals who help build our nation strong.

Recently, a federal judge in El Dorado certified a collective action in a lawsuit filed in April by six Mexican farm workers against a Hermitage farm that employed them through a federal guest-worker program. The claim is that the farm paid their workers less than the federal minimum wage, failed to pay them on time, used them for unauthorized work and retaliated against workers who tried to claim their labor rights. This certification would provide that not only the six Plaintiffs, but all of the workers who had been working at this farm in the last three years, could be given the opportunity to join in the lawsuit.

Imagine yourself injured at the fault of another, and dealing with the pressures of a big insurance company to be swept under the mat as this farm tried to do these migrant workers. For personal injury claims you need a lawyer to fight for your rights and to hold that company accountable. The Bailey & Oliver Law Firm has just that drive and spirit to renew the respect you deserve.

Originally posted at InjuryBoard by Sam Morris