Washington Personal Injury Blog - Nursing Home & Elder Abuse

The abuse of vulnerable adults

Don Jacobs — Tue, 21 Apr 2009 12:36:05 GMT

It seems that all too often we hear about a family member who has physically or financially abused an elderly parent or relative. It may start out innocent enough, with the family member taking on the task of caring for the aging person with declining health. Dealing with an aging adult in failing health can be difficult, time consuming and expensive. The task takes patience, compassion and fortitude. Some people take charge of their finances as well. Whether innocent or not at first, a few caretakers end up taking money from the elderly person for their personal use. While abusing a vulnerable adult is a crime, many times the event goes unreported. Typically because the victim is unable to do so or has too may health problems to stay on top of their finances. As the baby boomer generation ages there will probably be more and more instances of physical and financial abuse of vulnerable adults. The criminal justice system sometimes catches up with the perpetrators. Fines and jail time can be imposed. Reporting the crime should be encouraged. However, all too often some feel it is a family matter that should be handled in the family. Civil suits against the perpetrator are rare. Meaning the money defrauded from the vulnerable adult is seldom recovered. What makes the crime all the more outrageous is the ability of the perpetrator to still inherit from the elderly parent they’ve financially or physically abused. That may change soon, thanks to a proposed bill in the Washington legislature sponsored by Representative Jim Moeller (D) and championed by Vancouver attorney Jessica Dimitrov. The new law would prevent the perpetrator from inheriting from the person they victimized. It’s unknown if the bill will have any preventative effect on future perpetrators, but at least it would stop the ultimate injustice of someone profiting from their criminal acts.

Originally posted at InjuryBoard by Don Jacobs

"Nursing Home" Falls--Response Times and Call Buttons

Michael Myers — Fri, 16 Jan 2009 11:50:10 GMT

We have a case that involves a resident’s fall at a (physical) rehabilitation center and, unfortunately, the resident’s ultimate below knee amputation. The basis of the claim is that the resident pressed her call button for assistance to the restroom. Assistance never came and, after approximately half an hour, she attempted to transport herself to the restroom using her walker. She fell when she reached the threshold between her room and the restroom.

The rehabilitation center claims that the call button was never pressed and they didn’t know that she needed assistance.

In cases like these do facilities (whether rehabilitation centers or nursing homes) have a duty to ensure that call button systems work consistently and without interruption or, does the rehabilitation center and nursing home have to have actual or constructive notice that the system was not working in order for it to be found liable in situations like this? What do you think is fair to both the facility and the resident? If you had a family member in a facility and this happened, what do you think would be a fair resolution?

Originally posted at InjuryBoard by Michael Myers

Suit Filed Against McKenna Nursing Home

Ryan Nute — Wed, 09 May 2007 09:14:37 GMT

The Nisqually Valley Care Center in McKenna, Washington is being sued by the daughter of a resident (Florence Pierpoint, 79) who reportedly died after being given a morphine overdose when staff did not follow her doctor's instructions about pain medication.

While prosecutors declined to file criminal charges, the nursing home received a citation in connection with her death because the staff failed to mention Ms. Pierpoint's deteriorating condition or ask if it could have been caused by medication.

Nursing home negligence cases are often unique because of the various roles nursing homes play and the scope of the services they provide. Some residents require significant and constant medical attention. Other residents may require fall prevention assistance. The legal duty the nursing home may owe to a resident may depend on the language of the contractual agreement between them. Testimony from experts familiar with the requisite standard of care will usually be required in a nursing home negligence case.

Make Sure Your Child Attends a Licensed Day Care

Michael Myers — Tue, 06 Mar 2007 12:39:05 GMT

We've written before about abuse in nursing homes and other facilities for our parents and grandparents. But abuse can affect our children and grandchildren too.

In Washington, persons caring for (1) children to whom they are nott related for (2) a fee must be licensed. Unfortunately unlicensed day-care facilities are operating across the State.

If a day-care is unlicensed there are no stated inspections and absolutely zero oversight. You don't know what you're getting and even more importantly, you don't know what kind of care your children are going to receive.

It's vital to make sure the day-care facility is licensed and has adequate insurance coverage in case an accident happens.

This really brings to the forefront how risky it is to use an unlicensed care facility; the rules are there for a reason," he said. "Do your research, that's the message."

Originally posted at InjuryBoard by Michael Myers

Turmoil at the Golden Star Adult Family Home

Michael Myers — Sun, 04 Mar 2007 15:35:56 GMT

Adult family homes, nursing homes and similar facilities care for some of our most important family members and friends. We have a shared responsiblity to make sure they treat our loved-ones with the care and respect they deserve. Against this backdrop, troubling news out of Everett about a species of abuse:

The license of a Marysvillle adult family home has been revoked by the state, alleging that the home failed to provide necessary care to its patients.
In addition, state documents say, Juliet Stevens, the owner of Golden Star Adult Family Home at 5408 76th St. NE, made false statements to state inspectors.

If you have any suspicion of mistreatment it's important that you report it right away. And if there are injuries, you should consult with a personal injury attorney.

Originally posted at InjuryBoard by Michael Myers

Nurse's Aid on Trial for Abuse at Nursing Home

Shannon Weidemann — Tue, 27 Feb 2007 13:49:19 GMT

A former worker at the Kingston Commons Nursing Home is on trial for allegedly sexually abusing a patient at the home. The victim is 90-years-old and suffers from advanced dementia and is unable to communicate.

"It's horrible. It's a disgusting case, but yes, it is it's very important. We're going to do the best job we can and we're going to, we're going to let the wheels of justice keep turning," said Kingston Police Sergeant Thomas Paratore. "This is a very, very important case for the family and people can't be here. Her family is out of the area and we're here battling for them along with the victim."

The defendant claims he is innocent and his attorney is trying to have the case dismissed. The defendant is 27-years-old and worked as a nurse's aid at the nursing home.

Originally posted at InjuryBoard by Shannon Weidemann

California Nursing Home Sued for Abuse

Shannon Weidemann — Tue, 27 Feb 2007 11:12:47 GMT

Pleasant Care Convalescent of Riverside is being sued by the family of a former resident for abuse they allege happened there. The resident was given physical therapy for 10 days for knee pain when in fact she has a broken hip and required surgery. While at the hospital for treatment is was found she had other signs of poor care, including bed sores.

"It's our theory that they're understaffed - they put their profits ahead of people," said Michael Young, Davis' attorney. "They make these representations that they're going to take good care of grandpa and grandma, and they don't."
La Ca ada Flintridge-based Pleasant Care Corp., the parent company of the Riverside skilled nursing facility, is also named as a defendant in the suit, which was filed Feb. 14 in Los Angeles Superior Court. Emmanuel Bernabe Jr., the company's attorney, declined to comment.
In March 2006, Pleasant Care settled a lawsuit brought by state Attorney General Bill Lockyer that cited 160 incidents of substandard care, documented by the Department of Health Services over five years. As part of the settlement, the company agreed to pay $1.3 million in fines and improve care at its 30 facilities statewide.

The nursing home claims to follow state mandated nursing home care which requires each patient to receive 3.2 hours of care each day. It had no comment on the former resident or the care she received.

Originally posted at InjuryBoard by Shannon Weidemann

Hundreds Of Elder Abuse Cases Missed Each Year

Michael Myers — Fri, 20 Oct 2006 11:55:18 GMT

We see and hear about horrific abuse targeting the elderly, ranging from scams to neglect. One local case came to light in 2005, and it was a stomach turning investigation. A 75-year old Kirkland woman died after living in filthy conditions. Her daughter was convicted of neglect.

Washington law provides substantial protection for vulnerable adults. These adults include--but are not limited to--the elderly. Vulnerable adults also include younger persons who have been injured in accidents or are born with challenges that prevent them from caring for themselves.

Originally posted at InjuryBoard by Michael Myers

Don't Our Parents and Grandparents Deserve Better?

Michael Myers — Wed, 30 Aug 2006 19:15:44 GMT

Many of our closest friends and cherished relatives live in nursing homes. We place our trust in the caregivers. When caregivers violate that trust, they need to face the consequences. And so must their employers.

The headline read: "Nurse Surprised to Face Charges". The story indicated that the nurse charged with killing her 88-year-old patient by neglect said Tuesday that she followed the orders of the nephews who had power of attorney for the woman, who slowly died from a serious leg infection.

Originally posted at InjuryBoard by Michael Myers

Nursing Home Abuse Leads to $1.9 Million Settlement

Michael Myers — Mon, 05 Jun 2006 09:24:54 GMT

Last week the press announced that the family of a 76-year-old Longview woman, who died after suffering a head injury from a fall in a nursing home and being left undiagnosed for more than two days, will receive a nearly $1.9 million settlement.

According to court documents, the woman was admitted to the Evergreen Frontier nursing home in January 2004 for rehabilitation from a stroke, where she was making good progress in her recovery.

On April 2, 2004, a nursing assistant student left Wart unattended --contrary to Wart's care plan -- and she fell from her bed, striking her head on the floor.

Although Wart showed symptoms of serious head injury including vomiting and increased blood pressure, she was left untreated for 48 hours until she was found comatose. She was transferred to St. John's hospital where she died two days later.

It is particularly important to treat and monitor head injuries in older persons. The use of anti-coagulants makes them more likely to suffer from brain bleeds. Similarly, the increased space between older people's brains and skulls makes them more vulnerable to serious closed-head injuries.

Unfortunately incidents like this are all too common. Undertrained or uncaring "care givers" fail to treat our parents and grandparents with the competence and dignity they deserve. Cases like this can be brought under common law or the Abuse of Vulnerable Adults Act -- a Washington law designed to protect nursing home patients.

Originally posted at InjuryBoard by Michael Myers