State health officials in Massachusetts have issued a scathing report on the operations of a nursing home in Brockton, a suburb of Boston, following the death of a dementia patient in April. An initial inquiry into that patient’s death prompted investigation into another a month earlier, which opened the doors…
Florida Nursing Home Lawyer Blog
Federal Health Officials Intervene in Fight Against Social Media Abuse on Nursing Home Residents
Nursing home employees who take and distribute demeaning photos or videos of patients on social media platforms should be forewarned: The feds are getting involved. These images, as our nursing home abuse lawyers have detailed, have included humiliating depictions of residents who are unclothed, covered in their own waste or…
Feds: Florida Nursing Home Network Defrauded $1B
An elaborate network of Florida nursing facilities reportedly were successful in scamming Medicare and Medicaid programs out of $1 billion over the last 14 years. According to The New York Times, the case involves bribes to doctors in Miami, hush money paid to witnesses and gigantic sums paid to shell…
Mandatory Nursing Home Arbitration Ban Not Part of New Proposed Rule
Despite forceful calls by House Democrats and the Consumer Financial Protection Bureau’s (CFPB) for a ban on mandatory nursing home arbitration agreements earlier this year, the new proposed rule by the Centers for Medicare and Medicaid Services (CMS) doesn’t contain any such provision. The agency has toyed with requiring such a measure…
Some State Laws Fail to Protect Elder Exploitation on Social Media
It was only recently that health officials in Iowa learned it was not illegal for someone to share photos of a nursing home resident covered in feces. This loophole in the law was only discovered when a certified nursing assistant shared one such humiliating photograph of an elderly patient on…
Nursing Home Policies on Sexual Relationships
Most people don’t like to think about their parents or grandparents engaged in sexual contact. It may be an especially uneasy topic when that loved one is residing in a nursing home. But as a recent New York Times article reported, some nursing homes are setting policies that establish guidelines…
Nursing Home Resident Arrested for Sexual Battery of 94-Year-Old
Police in Lantana have arrested an 87-year-old nursing home resident after a staffer reportedly walked in on him performing oral sex on a 94-year-old male resident at the facility. The alleged victim suffers from Parkinson’s disease and was not able to answer the staff or police questions beyond unintelligible responses.…
Tarvin v. CLC of Jackson – Legal Authority to Sign Arbitration Agreement for Nursing Home Residents
The enforceability of nursing home arbitration agreements often rests on: Who signed it? And furthermore, what authority did that person have to do so? It’s a key point in many nursing home abuse lawsuits because arbitration agreements prohibit residents – and their estates – from suing the nursing home in court.…
Nursing Home Abuse Common – But It’s Not Always The Staffers
We all know nursing home abuse is far too common in elder care facilities across the U.S. But a new study suggests it’s not only the staffers that residents and their families have to fear. Reuters reports that researchers with Weill Cornell Medicine revealed the startling commonality of resident-on-resident nursing…
Maree v. Neuwirth – Complex Nursing Home Structure Can Thwart Lawsuits
The management structure of nursing homes has grow increasingly complex in recent years, making it more difficult to identify all responsible parties. This is no accident. In fact, as the U.S. Department of Health and Human Services reported in a 2009 analysis, nursing homes use these complex management structures as…