The Injury Board Commentary - Nursing Home & Elder Abuse - Most Commented

Minnesota Teens Charged with Nursing Home Abuse While Friends Looked On

Mike Ferrara — Wed, 03 Dec 2008 20:02:29 GMT

According to a criminal complaint filed Monday, several female high school students who worked together as part-time aides at Albert Lea, Minnesota’s Good Samaritan nursing home have been accused of abusing the residents they were hired to care for.

Reported abuses include taunting seven different residents, spitting on them and in their mouths, and poking and rubbing their genitals.

Two of the young women, Brianna Marie Broitzman, 19, and Ashton Michelle Larson, 18, were old enough at the time of the alleged abuse to be charged as adults—Broitzman for 11 counts and Larson for 10. The six others involved were all 17 at the time, and have thus only been identified by birthdates and initials. Two of these young women will be tried as juveniles for abusing the residents; the other four have been charged in juvenile court for failing to report the maltreatment they witnessed.

Monday, Broitzman and Larson were charged with fifth-degree assault, abuse of a vulnerable adult with sexual contact, abuse of a vulnerable adult by a caregiver, disorderly conduct, and failing to report suspected maltreatment—all gross misdemeanors, with a maximum penalty of one year in jail and a $3,000 fine per count.

If found guilty, "they most likely will face suspended jail sentences and probation, so they'd have the threat of jail hanging over them if they get in more trouble," said Freeborn County Attorney Craig Nelson, who filed the charges Monday.

Since summer, Nelson has said that prosecuting the aides could prove difficult because the evidence is largely based on their own statements and those made by another aide who blew the whistle to the home's administrators while she was being fired for swearing in front of a resident. That aide was among those charged as a juvenile. –Warren Wolfe, Minneapolis Star Tribune

Allegations against the teens first went public in August, after state health department inspectors found that four of them had abused over a dozen residents in efforts to make “work fun.”

The abusive acts allegedly occurred between Jan. 1 and May 1, 2008. When the Good Samaritan learned of the health department’s allegations in May, it fired the four accused aides.

Originally posted at InjuryBoard by Mike Ferrara

Fairness in Nursing Home Arbitration Act of 2009

Robin Bara — Thu, 09 Apr 2009 11:23:00 GMT

In March 2009, The Fairness in Nursing Home Arbitration Act of 2009 (HR 1237) was introduced to the House. The act prohibits nursing homes from inconspicuously placing mandatory arbitration clauses in its contract, which are often overlooked by family members when signing the forms.

These clauses waive the families' rights to a jury trial, which means that if a loved one is injured or dies from neglect while in the care of the facility, the family is forced to have their case heard by an arbitrator and not a jury.

“The Fairness in Nursing Home Arbitration Act will make sure negligent nursing home corporations can be held accountable by our most vulnerable citizens,” said American Association for Justice President Les Weisbrod. “This bill will prevent nursing home corporations from unfairly preying on seniors and stripping away their legal rights. Arbitration should only be voluntarily, not hidden away in the fine print of contracts during our seniors’ greatest time of need.”

The Fairness in Nursing Home Arbitration Act of 2009 will help people like Minnesota resident Dean Cole, who received unconscionable care from a negligent nursing corporation. Suffering from dementia, Dean needed help eating meals every day; but during his 22 day residency, Dean lost 20.6 pounds without his physician or wife ever being notified. After being admitted to the hospital, he was found to be severely dehydrated, with a water deficit near 10 liters. Dean died less than a month later. His family sought justice by bringing a suit against the nursing home for negligent care, but learned they would be forced into one-sided mandatory binding arbitration on the corporation’s own terms and denied the right to trial by jury. The case is still pending.

Although arbitrators are supposed to be unbiased, they are in fact a business, and the nursing homes are the repeat clients. As such, the arbitration may be one sided and the families of the family of the victim is left with little to no recourse.

Originally posted at InjuryBoard by Robin Bara

Nursing Homes May Be Falsifying Patient Records

Shayna Slater — Tue, 27 Sep 2011 11:35:35 GMT

When a loved one is admitted to a nursing home, the nursing home is responsible and required to document the care they receive. This includes everything from feeding, toileting, repositioning, bathing and medication administration, to name a few. There is no denying that this can become a daunting task when there are hundreds of patients in a nursing home. The task becomes even more daunting when the nursing home is chronically understaffed. However, instead of hiring additional caregivers, medical records may be falsified to reflect that proper care and treatment was provided when it was not. The problem for patients and their families becomes proving that the records were falsified.

The Sacramento Bee newspaper recently undertook an investigation of this trend and found that “in some of the cases reviewed, those who signed medical reports did not exist or were not working the days they claimed to have performed the services. In other cases, nursing home workers say they were ordered to alter records.”

This is a dangerous activity. Besides actual patient care, record keeping should be a top priority for these caregivers. Caregivers and medical personnel depend on the accuracy of these records for future care and assessment of your loved ones condition. Additionally, if you believe that your loved one is being abused or neglected, altered records may make it more difficult to determine things such as whether a patient was given inappropriate medication or properly positioned to prevent bedsores.

According to California Healthline, “some nursing home administrators have been driven to re-create medical records to hide negligence in care and to try to avoid costly lawsuits. The most common types of health record falsification include:

Covering up poor outcomes, such as when a patient dies or sustains an injury;
Staff members filling out paperwork without knowing whether treatments took place or if the information recorded is accurate; and
Inaccurate recordings of dispensed medications.”

So the question becomes, how do we properly track a patient’s care without fear of caregivers falsifying information? The answer may be technology. As the Sacramento Bee found, “computerized record-keeping can prevent nursing home personnel from changing entries after the fact.”

Nursing homes should be required to implement software that tracks every interaction with a patient from bathing and feeding to medical treatment. This software should time stamp every action so that altering these entries at a later time would prove impossible. However, this still would not guarantee that the care recorded would in fact be provided.

Although there may not be a way to completely guarantee that your loved one is receiving proper care which is being correctly recorded, caregivers may be less apt to alter the records of a patient whose family/friends are involved in their care and therefore might pick up on such inaccuracies. As always, stay vigilant and involved in your loved ones care and report any instances that you feel may represent abuse or neglect.

Originally posted at InjuryBoard by Shayna Slater

Faced With More Claims, Long-term Care Insurers Deny Benefits

Nick DiCello — Wed, 02 Sep 2009 09:26:19 GMT

As Baby Boomers aged, there was a boom in the sale of long-term care insurance during the 1990’s. Now, however, an ever increasing portion of our population, which is living longer and longer, is seeking protection under their long-term care policies. One insurance company executive described the situation as follows: “The long-term care party of the 1990s gave us one hell of a hangover in the 2000’s.”

Long-term care insurance is a contract or policy of insurance which promises, in exchange for the timely payment of premiums, coverage for expenses of long-term care, such as the costs of a nursing home or assisted living facility. As more and more Americans with long-term care insurance enter these facilities, the insurance industry is faced with making good on their promises. Some insurers, however, have miscalculated the profitability of certain long-term care insurance products. For example, many insurers fighting to get into the “long-term care party of the 1990s” overestimated policy lapse rates and miscalculated the mortality rates for the target population. Now, during the “hangover,” insurers too commonly attempt to refuse payment of legitimate claims, sometimes on a global scale.

On March 15, 2006, Penn Treaty President and CEO issued a news release indicating that a “review is showing us that our policyholders remaining on claim beyond three years (particularly on policies issued prior to 2002) appear to be living longer than we had previously anticipated, which will likely cause us to pay higher future benefits due to the expanded duration of these claims.”

Denial of a long-term care claim or the loss of one’s long-term care coverage can be devastating. Imagine becoming accustom to life in a long-term care facility only to one day receive a letter from your long-term care insurer stating that it is “no longer medically necessary” that you or a loved one continue to receive nursing home care, and that benefits will end. This is a common exclusion cited by long-term care insurers to deny benefits. Without benefits, the elderly individual must tap into his or her assets to continue to pay for care, or must burden their family for assistance. Ultimately, once one’s assets are exhausted, he or she is forced to seek government assistance.

If you or a loved one has had their claims for long-term care benefits denied or their policy rescinded, contact the trial attorneys at Spangenberg, Shibley & Liber, LLP for a consultation, and protect your legal rights.

Originally posted at InjuryBoard by Nick DiCello

Effective Advocacy for Nursing Home Residents

Shayna Slater — Mon, 22 Aug 2011 14:10:56 GMT

You have chosen a nursing home for your loved one and now you want to make sure that they receive proper care during their stay. What can you do? Families of nursing home residents can become zealous advocates for the resident to try to ensure proper treatment is received. The role of an advocate for a nursing home patient is unfortunately becoming ever more prevalent and necessary in our society. Many residents of nursing homes are unable to communicate their needs effectively on their own so their family members must ensure that proper care is being provided. However, being an elder advocate does not come with an instruction manual and it is often a scary and overwhelming proposition.

Although this list is not inclusive, below are a few suggestions to try to institute when advocating for a nursing home resident.

VISIT OFTEN AND UNANNOUNCED: Visiting the nursing home at different hours and on different days is an excellent way to ensure that the staff does not know you have a set schedule for visitation. If staff cannot anticipate when you will be visiting, they cannot clean and dress your loved one in anticipation of your visit. Also, ask family and friends to drop in to visit your loved one and report back any instances of concern.

GET TO KNOW THE STAFF: Getting to know the staff caring for your loved one is extremely important. You especially want to know what CNA’s (Certified Nursing Assistants) typically care for him/her. CNA’s are the individuals who generally provide all of the hands on care such as bathing, changing and dressing your loved one.

BE VOCAL: Being vocal does not mean that you have to scream and yell. However, you do need to make your voice heard. Communication is key. You need to be able to effectively communicate with the staff regarding any concerns or complaints you may have. You can do this is a respectful manner. However, if your concerns and complaints are not properly addressed then you should report such instances to the state regulatory agency in charge of nursing homes.

TRUST YOUR GUT INSTINCT: Always pay attention to your gut instinct. If something is telling you that your loved one is being abused or neglected then he/she very well may be. If you are unable to substantiate your fears, you can ask for a state investigation into the matter.

TELL THE STAFF ABOUT YOUR LOVED ONE: Telling the staff about your loved one is very important. This may help the staff to form a connection with the resident. You tell the staff about his/her background, likes, dislikes, spiritual and social needs, etc.

KEEP A DIARY: Keeping a diary / journal will help you to recall specific dates, times and details if you have concerns regarding the care of a resident. It is very difficult to recall specifics, especially if the individual has resided at the nursing home for an extended period of time. You can also use the diary if you need to report any problems or concerns to staff, administrators and/or the state.

Becoming an advocate for a nursing home resident is no small feat. Often the tables are turned and children are now responsible to ensure the health and safety of their parents. As difficult as it may be, it is necessary. It is important to follow your instincts and do the best you can to ensure your loved one is receiving the care and treatment they are entitled to.

Originally posted at InjuryBoard by Shayna Slater

Is It Nursing Home Abuse Or Am I Overreacting?

Shayna Slater — Thu, 19 May 2011 10:26:00 GMT

Often, families of nursing home residents ask, “Is that abuse?” The answer obviously depends on the situation. However, if you feel as though the care and treatment being given to your loved one falls below an acceptable standard, it is always best to investigate it further.

The second question is usually, “Am I overreacting?” You are not overreacting. Abuse and neglect are unacceptable and illegal. There is no better advocate for an individual in a nursing home than their family and friends. When a person enters a nursing home they are entering into a contract with that nursing home which indicates that they will pay for care and in return receive appropriate care and treatment. A person living in a nursing home has given up a large amount of autonomy and they may be dependent on the nursing home staff for all of their physical, medical, nutritional and emotional needs. The resident has essentially made the facility their home. As such, we cannot accept, condone or overlook mistreatment. The only way to try and dissuade these inappropriate actions is to hold nursing homes and their staff accountable.

There are numerous signs and symptoms of abuse which can include but are by no means limited to: broken bones, falls, bedsores/pressure ulcers, unexplained injuries, lack of proper hygiene, bruises/contusions, intimidation, anxiety regarding treatment, unexplained reactions to certain caregivers and fear. If you witness any of these signs of potential abuse you should consider investigating it further and taking appropriate action if you believe abuse and/or neglect are occurring.

Originally posted at InjuryBoard by Shayna Slater

California Nursing Home Chain Faces $677 Million for Understaffing

Beth Janicek — Fri, 09 Jul 2010 11:11:00 GMT

On Tuesday a jury rendered a verdict in the class-action lawsuit against the Skilled Healthcare Group, Inc, based in Southern California. The lawsuit claimed that the nursing home chain, that operates 78 nursing facilities in seven states, put elderly residents at risk and skirted state law by skimping on staff to make more money. The jury opted to impose the maximum amount of damages totaling nearly $619 million for health code violations.

Along with the statutory damages, an additional $58 million was awarded for a violation of the California Consumer Legal Remedies Act, which brought the total damages to nearly $677 million.

The jury will decide next week the extent of any additional punitive damages, and Judge Watson will then decide if the court will issue an injunction against Skilled Healthcare that would mandate the company to keep staffing levels compliant with the law in the future. A California statute mandates that nursing homes provide at least 3.2 hours per patient per day, which includes care by registered nurses, licensed vocational nurses, and certified nursing assistants.

Staffing levels in nursing homes is something I blog frequently about, in fact I have previously blogged on this class-action lawsuit. Studies have shown that understaffing leads to insufficient care of the residents. The more nursing hours that the residents receive improves their quality of care by reducing the number of bedsores and by preventing unexplained weight loss for the residents. It is my hope that other nursing home chains will see the results of this lawsuit, and will adequately staff their facilities in the future.

Originally posted at InjuryBoard by Beth Janicek

97-Year-Old Man Dies After Nursing Home Allegedly Ignored Sore on Penis

David Mittleman — Wed, 21 Oct 2009 10:07:21 GMT

The son of 97-year-old Charles Bradley is suing the Everett Care & Rehabilitation nursing home facility in Everett, Washington after his father’s genitals allegedly disintegrated from penile cancer and ultimately contributed to his death.

According to court documents, Charles Bradley entered the nursing home in 2004 because of the usual ailments associated with old age. He continued to live in the nursing home until two weeks prior to his death on March 31, 2008. He apparently had a sore on his penis, which the hospital staff ignored until he was rushed to the emergency room on March 13, 2008. The injury to his penis was purportedly undiagnosed penile cancer.

The attorney for Bradley’s son argues that Everett Care & Rehabilitation staff allowed Bradley’s injury to worsen for months without care. According to the complaint, staff at the center noticed the wound while changing Bradley’s diaper in November 2007. The staff member who initially noticed the wound notified the care manager, however, that manager failed to notify Bradley’s doctor. Instead, Bradley’s wound continued to fester for the next four months and his genitals continued to disintegrate. Finally, when Bradley arrived at the Providence Medical Center on March 13^th, he was initially diagnosed with pneumonia. However, doctors soon discovered the wound on his penis and determined that he had penile cancer.

The plaintiff’s attorney argues that Everett Care & Rehabilitation violated their promise to care for Charles Bradley. The lawsuit specifically seeks to hold the center accountable for allegedly failing to protect the elderly. Indeed, while the center refuses to discuss specifics on the incident, citing patient privacy concerns, they have not explicitly denied error. In fact, they have already received one citation from the Department of Social and Health investigators for failing to meet quality of care requirements designated by federal laws.

Originally posted at InjuryBoard by David Mittleman

The Harsh Reality of Nursing Home Abuse

Emily Mapp Brannon — Sun, 21 Jun 2009 17:35:00 GMT

In most cases, the nursing home and elder care facilities that make up the bulk of the assisted living communities across the United States are staffed with well trained, caring and attentive employees who keep the surroundings clean and attend to the patients to the best of their abilities. However, this isn't the case in a 100% of these type of facilities and in a field like this -anything less than that is not good enough.

Unfortunately, there have been many reported cases in the last several years of nursing home abuse and neglect. Some of these cases come from a facility being grossly understaffed and some from hiring unqualified or unethical employees. They often slip through the cracks and who never have to go through any type of training process and who aren't watched as closely as they should be while they are caring for the patients and residents.

Nursing home abuse is a tragedy that is one hundred percent preventable - if the offending facilities had better management and more structured rules and policies in place then we would probably see a very large percentage of the abuse that occurs today disappear - add in background checks and stringent hiring policies for all prospective employees and it's likely that nursing home abuse would dissappear completely.

The abuse in nursing homes comes in all shapes and forms. It isn't limited to just actual physical abuse, it could include a number of other equally reprehensible offenses including theft of money and property from residents, neglecting the food and medicinal needs of residents and not keeping the residents or their environment as clean as necessary for the best chances of remaining healthy.

If you know someone that has a loved one that resides in a nursing home and have any proof, or even any suspicion of potential abuse, you need to take action immediately. The first step is to speak with the management of the facility to express your concerns - let them know exactly what you've seen as well as any suspicions you may have, if the situation is an isolated incident or if the party suspected of the abuse has had any previous complaints or allegations against them then this contact with the management may be enough to end the alleged abuse.

If you're suspicious or even see evidence of physical abuse like unexplained bruising, cuts and scrapes or broken bones then a meeting with the management won't be enough. If you feel that a loved one is being physically abused in the nursing home at which they reside you should get in contact with a personal injury lawyer right away.

A personal injury lawyer will already have knowledge of past abuse situations that have gone on in the same facility, they will be able to look at medical records and identify if the injuries listed are consistent with physical abuse and they'll be able to guide you through the entire process as it comes to light.

Do not listen to promises or excuses from the management of a nursing home. This is not good enough in the event of abuse. Understand that the management will do whatever it takes to protect themselves from appearing in court as a defendant.

If the accusations of abuse are founded and true, something needs to be done so that nothing like that ever happens again in that location. Threat of and follow through with a lawsuit and representation by a reputable personal injury attorney can force those necessary changes.

It is cetainly the case that a widely publicized lawsuit could lead to the necessary staffing changes, for stricter rules and hiring policies put in place by the management and reparations for the damage that has already been done. Though none of these things will take away the pain that was inflicted from the initial abuse, they can help to ensure that it will never happen again.

About the Editors: Shapiro, Cooper,Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Emily Mapp Brannon

Mentally Ill Patients Pose Danger to Elderly Nursing Home Residents

Kristina Labanauskas — Tue, 24 Mar 2009 17:40:05 GMT

There has been a significant increase in the number of mentally ill patients residing in nursing homes. And, mixing frail elderly with younger and stronger mentally ill patients in nursing homes has resulted in violence throughout the country.

Nearly 125,000 young and middle-aged adults with serious mental illness lived in U.S. nursing homes last year. That was a 41 percent increase from 2002, when nursing homes housed nearly 89,000 mentally ill people ages 22 to 64. Younger mentally ill people now make up more than 9 percent of the nation's nearly 1.4 million nursing home residents, up from 6 percent in 2002.

This increase is in large part a result of the closing of state mental institutions, the shortage of hospital psychiatric beds, and the surplus in nursing home beds, as today’s elderly are more likely to stay in their homes as they are healthier than previous generations.

States are responsible for screening mentally ill patients, as federal law prohibits nursing homes from admitting a mentally ill individual unless the state has found that person needs the nursing home’s high level of care.

Although federal law guarantees residents the right to be free from physical abuse, a number of tragic cases have occurred in nursing homes.

If you or someone you know has been the victim of abuse, contact a professional to discuss whether legal action should be pursued.

Originally posted at InjuryBoard by Kristina Labanauskas