Articles Posted in nursing home abuse

Late last year, in response to the 2011 Miami Herald series on substantial abuse and neglect suffered at Florida’s assisted living facilities, the governor-appointed Florida Assisted Living Workgroup released its final report.

Our Hallandale nursing home abuse lawyers are not impressed – and neither are numerous elderly advocacy groups and editorial boards across the state. As the Orlando Sentinel put it: The ideas lack bite.

Even if they were well-intentioned, they don’t mean much and are unlikely to result in any real change.

Part of the problem as we see it is that the review board was stacked with representatives within the assisted living facility industry. Among them: chief of the Florida Assisted Living Association, chief of the Florida Association of Homes and Services for the Aging, chief of the Florida Health Care Association and four nursing home directors. That’s 7 out of the 12 members of the work group.

The report has a long list of slight tweaks here and there, most of them cosmetic in nature. But there is no real effort to adopt any meaningful policy reforms that would protect our elderly population.

Just one example of this is that the reports says that the regulations in place are enough. It say the current state regulations are sufficient and no further action is necessary in this regard. But let’s consider that under these regulations, we had people who were left unattended in their own filth. People were falling ill with fatal – but preventable – diseases. People were being given too-high doses of sedatives to keep them compliant and “easy.” In extreme cases, people were being restrained and beaten and even sexually abused. In at least 70 cases since 2002, assisted living facility residents died in Florida as a direct result of abuse or neglect.

But, according to the review board, the current regulations are just fine?

Another example of a hard-line, effective action that was rejected was a proposal to ban assisted living facility managers from continuing to work in the field if they had previously lost their license while running a facility where blatant abuse or a death had occurred. How does this make sense?

Meanwhile, among the measures approved is the suggestion that the quality of available activities for nursing home residents be improved. This is certainly a measure worth implementing – but should it receive precedence over real protection reforms?

If this wasn’t enough to convince you of the bias of this group, consider that one of the recommendations was to help shield nursing homes from lawsuits by either patients or family members who had suffered abuse, neglect or negligence. Who – and what – was this group concerned with protecting? Clearly, it was not the welfare and safety of our assisted living facility residents. It appears that the bigger concern was ensuring that the managers and owners of these facilities weren’t going to be shoulder any more responsibility or liability.

The Florida Assisted Living Workgroup’s full final report can be read here.
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One in five Florida nursing homes is on the state’s Agency for Health Care Administration watch list for not meeting the bare minimum requirements for care standards or for flunking routine inspections and then not correcting those violations.

This is according to the Families for Better Care advocacy group.

Our nursing home abuse attorneys are not surprised by this, given the extent of abuse and neglect we hear about from clients.

Certainly, there are facilities that do strive to provide quality care for our aging loved ones. But discerning the good ones from the bad ones can be tough. What this research shows is that roughly 20 percent are blatantly avoiding their responsibilities – and putting your loved ones in jeopardy.

You may recall, Families for Better Care was founded by a man named Brian Lee, the state’s former Long Term Care Ombudsman. He was shoved out of his position back in 2011 by Gov. Rick Scott after he worked tirelessly (and apparently too hard for Scott’s liking) to hold failing facilities accountable for their shortcomings. Just as an aside, this was what the ombudsman’s office is responsible for, but the relationship between state regulators and the long-term care industry has become quite cozy in recent years, with profits often coming before patient protections.

Instead of simply leaving these matters in the hands of the state, Lee founded Families for Better Care in an effort to raise awareness about some of the more troubling aspects of Florida’s long-term care industry. And that’s exactly what he has done with this report.

The AHCA has indicated that those facilities on the watch list are only operating on a conditional basis. That is, they must meet certain standards of care or face immediate action if it’s determined someone’s health or life is placed in danger.

But it’s worth noting that many of these facilities are on this watch list for months. A dozen have been on it for more than 100 days. A few have even been on it for more than a year – and up to three years. And yet, they are all still operating, still business as usual.

In light of this information, Lee said it appears the watch list in and of itself is not an effective tool to battle nursing home abuse, neglect and negligence. At the end of the day, it seems the only thing that really forces a facility to improve is intense public scrutiny. That can only happen if people are aware of what is happening. That occurs one of two ways: Either someone dies or is seriously hurt and the media picks it up, or the AHCA could send out media releases to let people know, rather than forcing the public to simply search the list online.

That list, if you’ve ever tried to access it, is buried in the state’s online Nursing Home Guide. It’s technically public, but if you don’t know exactly what you’re searching for, you’re going to have a rough time finding it. As Lee put it: “Agencies hoard the data from consumers.”

And even when you do find the information, it can be difficult to discern. For example, you might find a nursing home that has one out of five stars for categories such as “nutrition and hydration,” “decline” and “restraints and abuse.” So you might think this is really bad, right? But then when you click further to find out what exactly those stars mean, you have the AHCA telling you that a low rank isn’t necessarily a bad rank because it’s all relative to the rankings within the region – and some regions do better than others in the state.

What this also means is that a “good” rating may not necessarily be so great, if you live in a region that tends to do poorer than others.

Call us today if you are concerned that your loved one may be suffering from nursing home abuse or neglect.
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The treatment suffered by a 101-year-old South Carolina man at the hands of a nursing home aide could be described as nothing short of torture.

As our Broward nursing home abuse attorneys understand it, the elderly man was sexually assaulted, beaten and and screamed at. A hidden camera, installed by a private investigator hired by the man’s family, captured the stunning behavior on film.

Sexual abuse in nursing homes is not something we want to think about. It is a crime, and yet it is severely under-reported for several reasons.

The first of which is that it can be incredibly uncomfortable for the victim to come forward and discuss it with their family. As with any sexual abuse scenario, the victim may feel some level of responsibility for what is happening to them. Alternatively, because these victims may be fully dependent on their abuser to meet their other needs, they may be terrified of what will happen if they do speak up.

Secondly, the victim may not be able to report what’s going on, either due to a dementia-related illness or because they are unable to communicate. It’s very likely they’re abuser knows this as well, which may have been part of the reason he or she was targeted.

And lastly, there is the fear they won’t be believed. In fact, in this case out of South Carolina, the granddaughter of the victim said when her grandfather first told her what was happening several months ago, she didn’t want to believe it was true. He reportedly told her the male aide had poured detergent into his eye, which was indeed reddened. He further described being sexually assaulted by the aide.

His granddaughter recorded their difficult discussions, and then confronted the staff. However, they assured her nothing of the sort was happening. Her grandfather was confused, they said.

Still, she couldn’t shake the feeling that something was very wrong. So she hired a private investigator, who had the camera installed. What those tapes revealed made them ill. A male aide is seen in the middle of the night pulling back the curtain. He grabs the man and shakes him. Then he begins kissing him. The old man grabs a glass of water, and dumps it on the aide. The frail victim, who is confined to his bed, grabs an electric razor and then a phone, in a desperate attempt to defend himself.

The aide is then heard taunting the man.

Armed with these recordings, the family went to police, and the aide has since been arrested. His granddaughter intends to file a civil lawsuit.

Cases like this may seem sensational, but they’re not rare. Consider within days of this report, a nursing home worker in New York was also arrested for sexually assaulting an 80-year-old woman with Alzheimer’s disease. This was only discovered when another staffer at the nursing home walked in on the two naked in a closet. Police in that case are exploring the possibility that there may be many more victims.

Because such abuse can be difficult or impossible for victims to discuss, it’s often up to family members to be vigilant in watching for the warning signs. Some telltale indications include:

–Bruising around the thighs, buttocks, breasts and genital area;
–Venereal disease or vaginal infection;
–Vaginal or anal bleeding;
–Underwear or sheets that are torn or bloodstained;
–Avoidance or fear of a certain staff member;
–Unexplained difficulty while sitting or walking.

If you suspect your loved one is being sexually abused in a nursing home, do not hesitate to call our Stuart nursing home attorneys right away.
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It took more than four years, but a judge has finally ruled there is enough evidence following the death of a 77-year-old patient to justify a criminal trial for nursing home abuse against the center’s former director of nursing.

Our Coconut Creek nursing home abuse lawyers know that loved ones of this woman have been waiting a long time, and we do hope justice is served.

Though this case happened in California, the fact is, incidents like this are by no means rare. Consider the following statistics culled from federal government sources:

–There were nearly 21,000 complaints of abuse, serious neglect and exploitation on behalf of nursing home patients as of 2003.
–The actual number of these incidents is in fact much higher, as only about 1 in 14 incidents of elder abuse are actually reported to authorities.
—More than 90 percent of nursing homes in the U.S. having staffing levels that are deemed too low to provide adequate care.
–Nursing homes across the country receive an annual $75 billion from state and federal governments, as well as approximately $34 billion from residents and families.

There is no reason why very basic standards of care cannot be met, which is what makes cases like this one so infuriating.

According to The Sacramento Bee, the elderly patient died less than two weeks after being admitted to the nursing home.

Prosecutors contend that the woman had a history of severe constipation, and that the nursing home staff blatantly ignored this, which resulted in fecal impaction that led to her death. This would have been a painful – and ultimately unnecessary – way to die.

The state alleges that the director and another nurse did not perform their duties in caring for the patient, and the head nurse in particular did not do an adequate job of supervising others who were providing care. The other nurse agreed to plead guilty last month to felony elder abuse. In exchange, she is likely to receive a suspended jail term for her cooperation in testifying against her former boss.

The defense has attempted to argue that the condition that led to the patient’s death was pre-existing, and that she was suffering even before she was admitted from the hospital to the nursing home.

However, doctors who reviewed her medical records found that there was a great deal of information missing. There were also entries that were written over, as well as unexplained notations. This has led doctors to conclude that the elderly woman received care that was substandard. As one doctor put it: It’s not a failure of documentation, it’s a failure of care.

Another nurse who worked at the nursing home testified that her boss had told her not to send the patient to the hospital, despite the fact that she was rapidly getting worse. That nurse said she was scared to defy her and had kept that information from investigators initially because she was worried about losing her job.

Of course, as the elderly woman’s loved ones know too well, there are worse things to be lost.
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Until she was 14-year-old, the girl who suffered from cerebral palsy and seizures was lovingly cared for in Tampa by her mother, who pureed fresh fruit and vegetables and constantly told the girl how much she was loved.

But then, as our Coral Springs nursing home abuse lawyers understand it, the child was taken by officials with the Department of Children and Families, who insisted she would be better off in the care of a Miami Gardens nursing home. There, not even one day had passed before she reportedly was denied life-sustaining medications, and it now appears she was given nothing to eat except applesauce.

When the child struggled to gasp a breath, no one bothered to contact a doctor.

She died that night.

Her death has been spotlighted as officials with state health agencies battle with civil rights lawyers, who have argued that the state is essentially warehousing disabled and sick children. It has even gotten to the point where the U.S. Justice Department of Civil Rights has threatened to sue the state of Florida if no action is taken to help children being cared for outside state institutions.

The problem is that when disabled children are taken to a nursing home for care – particularly against a parent’s wishes – they often get very little education. They aren’t engaged in outside activities. And they often suffer serious cases of neglect.

In fact two of the six nursing homes that are specifically qualified to care for children have been placed on Florida’s watch list of sub-par facilities. One is on both the state and federal lists.

In most cases, nursing homes are not adequately equipped to provide for children. And often, it’s not the choice of the parents to send them there. The way the Florida DCF is structured, it essentially necessitates that children are unnecessarily and systematically separated from loving caregivers and placed in isolation at expensive nursing home facilities that, in the end, provide a lesser standard of care.

Because the state pays more to nursing homes when they take in a child, as opposed to an elder adult, nursing homes are eager to accept such residents. For example, the state will, on average, pay about $215 a day for the care of an elderly adult. For a disabled child, the state will fork over more than $500 a day. But that doesn’t mean the children are getting better care, and most facilities lack even the most basic resources to maintain the health and overall well-being of these children.

The Florida Health Care Association, which represents these nursing homes, has called a recent federal report and the media scrutiny of these facilities a clear attempt to “demonize” these organizations.

But you can’t deny what happened to this 14-year-old girl in Miami Gardens.

Federal inspectors have found a host of troubling trends when it comes to care of children in Florida nursing homes. These include parking them in front of the television for hours on end with no supervision. These are children who are supposed to be receiving schooling, socialization and music courses. In other cases, dozens of severely disabled children were found to be in the care of just one adult – who wasn’t even a nurse. In other cases, splints were found to have been placed on the incorrect limbs.

Some residents ultimately died as a result of neglect.

If your child has been placed in a Florida nursing home, and you fear abuse or neglect is occurring, call us today.
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Florida nursing homes tend to be busier this time of year, starting with Thanksgiving, as families flock to pay their loved ones a visit for the holidays.

Our Boca Raton nursing home lawyers truly hope you have a wonderful time, and that you and your loved ones find much for which to be thankful.

We also, however, would make a gentle reminder that this visit is an important opportunity for you to make sure that your elder loved one is getting the appropriate level of care they deserve. Unfortunately, not every nursing home or nursing home employee operates under the standards that we would like – or that is legally required of them.

This is important especially if you don’t get a chance to visit often. Loved ones may not come out and tell you over the phone whether something is not right, either because they are unable to or sometimes, because they are in fear. Even in person, it might be tough to get more information from them. Plus, they may not want to worry you.

But it’s critical that you know – for your own peace of mind as well – that they are being well taken care of.

Some of the risk factors that have been identified by the National Center on Elder Abuse are:
–Poor staffing levels;
–A history of deficiencies or complaints involving the facility;
–A patient with dementia;
–A patient who has a high degree of dependence for basic needs;
–A patient whose family lives far away and/or doesn’t visit often.

Of course, these don’t necessarily mean that if one of these factors is present that someone will necessarily be abused, and it doesn’t mean someone won’t be abused or neglected just because these factors aren’t present. But they are a starting place.

Abuse or neglect against elderly nursing home residents can take many forms. There is the obvious physical abuse. This would be things like hitting, punching, kicking, scratching or otherwise physically harming the individual.

But in many cases, the abuses are more subtle. For example, they may be feeding the patient an improper diet that could lead to choking or an allergic reaction. Certain staff may be verbally abusive to a patient, causing them to shut down emotionally.

Even if you may not visit that often, some of the signs of nursing home abuse that you can be on alert for include:

Rooms or other areas of the facility that are not clean or well-maintained;
–Patients who are not assisted with walking or getting around, leading to a lack of mobility, which can lead to pressure sores and other skin infections;

–Lack of toileting, leading to incontinence, increased falls, skin infections;

–Lack of help with eating or drinking, leading to dehydration and malnutrition;

Lack of bathing, which can lead to not only a sense of indignity but infections;

–Not property dispensing certain medications which, at worst, can result in death;

–Ignoring cries for help or bell calls, which indicates either understaffing or a lack of compassion – a big problem either way.

If you suspect your loved one is being abused or neglected, contact our offices for more information about what you can do.
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A nursing home abuse case out of Connecticut reveals why family involvement in these cases is so critical in forcing the truth to light.

Our Margate nursing home abuse lawyers want to make sure you understand that nursing home administrators have a vested interest in downplaying or completely fabricating facts surrounding abuse, neglect and negligence. So when they give you an explanation for an injury to your loved one, always question it. If something doesn’t seem to add up, press for more information. Make them prove it. Demand proper medical examination. And contact an experienced nursing home abuse lawyer.

In this case out of Connecticut, we might never had heard about it had it not been for the son of the injured elderly man refusing to simply accept what staffers told him.

His 84-year-old father suffers from dementia. Hospital staffers called one evening to tell them his father had suffered a fall into the bed rail and injured his eye.

When he visited the following day, he noticed his father’s eye was surrounded by severe bruising and appeared to be swollen shut. In fact, the swelling and bruising was so bad, it extended down the side of his jaw. Plus, his finger was broken, which didn’t seem to make sense, given the story the son had been told of what happened.

When the son asked his father what happened, his first response was “they hit me.” Asked who had hit him, he told his son “that woman” and “the aide.” However, the father’s dementia later caused him to say he had been hit with a rock.

The family began making repeated and urgent requests to have the man seen by the nursing home’s doctor. Their demands were met two days later, at which point he was transported to the emergency room of a nearby hospital.

As it turned out, his skull had been fractured and his finger broken. He has recovered, although he may require plastic surgery to repair the damage to his facial bones. This was actually a better outcome than one might have expected, given the fact that the elderly man takes blood thinning medication, which could have meant the internal bleeding had the potential to turn fatal. Thank goodness in this case it didn’t.

Police investigators were called to examine what had happened. As it turned out, a 26-year-old female employee beat the man after he had reportedly defecated on his bed 30 minutes before her shift was scheduled to end. She had been frustrated, she told investigators, and felt she could take it out on him because, with his dementia, figured no one would believe him.

She has since been charged with cruelty to persons, third-degree assault of a person over the age of 60 and reckless endangerment.

The state’s Department of Public Health has also launched an investigation into the facility and its policies, which have come under scrutiny in the past. Just last year, the nursing home was cited for failure to ensure proper handling during care and transfers to prevent injury of patients.

Had this son not been dogged in his pursuit for justice for his elderly father, our Margate nursing home abuse lawyers have no doubt the case would never have come to light, and even more elderly individuals may have been subjected to the cruelty of this aide.

If you suspect a loved one has suffered abuse by nursing home staff in South Florida, please call us today.
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Nursing home abuse lawyers in Vero Beach recently came across reports from our northern neighbor about a rising number of nursing home abuse complaints made to state officials.

According to the Athens Banner-Herald, the number of nursing home abuse and neglect complaints in Georgia has risen by an eye-popping 22 percent in the last five years. A hearing was held by state senators on the issue late last month.

The director of the state’s Department of Human Services’ Division of Aging Services reported that the number of complaints went from roughly 9,000 in 2007-2008 fiscal year to about 11,000 in the 2011-2012 fiscal year.

There may be one of several explanations for this.

The first is that as Baby Boomers age, we have more individuals requiring care. The demand for qualified individuals has increased, so a number of facilities have been willing to take on sub-par job candidates simply because they need to meet patient-to-staff minimum ratios set by the state. This inevitably increases the risk of abuse.

Secondly, we believe that awareness regarding the issue of elder abuse in nursing homes has gained steam over the last handful of years. More seniors are speaking out, and more family members are recognizing the various signs of abuse and neglect.

And finally, it’s highly probable that the number of abuse incidents has in fact gone up, primarily for the reason mentioned above, but also understaffing and the hiring of individuals who may have previous criminal records.

In Georgia, the Department of Aging Services has about 135 investigators and there are another 12 or so that work with the Department of Community Health. But that’s not nearly enough, particularly when you look at the number of cases. It breaks down to about 75 cases per worker. Clearly, not every report of abuse is going to get the full attention it requires.

That’s why in Georgia, and in Florida as well, it is so critical to have a nursing home abuse lawyer working on your side as an advocate for your loved one and his or her legal rights and protection.

Lawmakers in Georgia said they plan to introduce a number of measures this coming year to strengthen existing anti-elder abuse laws when the General Assembly convenes in January. In particular, there is a major concern for nursing home residents and seniors living in more rural areas, with less access to government offices and social service resources. Just like in Florida, the concentration of these services tends to be clustered around more urban areas.

According to recent research from scientists at the University of Georgia’s Institute of Gerontology, seniors who live in nursing homes that are located in a more rural setting are dying at a faster rate than suburbanites of the same age.

There is more that can be done to protect our aging population. If you suspect a loved one has suffered from abuse, neglect or negligence at the hands of Vero Beach nursing home staff, call us today.
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Advances in technology are altering nearly every facet of our lives, including how nursing home abuse cases are approached.

Our Broward nursing home abuse lawyers know that the biggest advance, of course, is the proliferation of video cameras, cell phone cameras and similar recorders that can help to document incidents of abuse that occur when the aggressor thinks no one is watching.

Take, for example, a recent case out of Texas.

There, family members of an 83-year-old female nursing home resident became concerned. She had bruises on her body that went unexplained. She began to become fearful of people in general. When anyone would try to hug her, she would shy away.

Suspicious that there was more happening at the home than they were being told, they placed a hidden camera in her room. What they later saw sickened them.

The camera shows a 43-year-old female caregiver pulling the elderly woman up by her hair. Another worker can be seen roughly pinching her leg as a punishment for some perceived wrong.

This was a home that had a considerably lower rating than the state average, and had three serious violations throughout the previous 12 months.

After the video was used to file a criminal report, one employee was arrested and the state initiated an investigation. That state investigation has just concluded, with four other employees suspended for their role in the alleged abuse, including one administrator. Additionally, the home was cited for failure to prevent abuse.

The family isn’t satisfied with the severity of the outcome, and have expressed a desire to possibly pursue civil remedies against the home and the staffers.

Another recent case in Alabama involves a similar scenario. In that case, family members began to suspect that their paralyzed family member was being mistreated when they weren’t there. They reportedly hired a company to install hidden cameras at the home.

What they discovered sparked a criminal investigation. Among the incidents of concern was where a person appears to be pulling a cord attached to a patient repeatedly. An employee is seen doing the same thing. In another incident, it appears an employee is punching a patient. In another portion of the tape, an employee is seen screaming at a patient.

The tape was sent to police, who arrested one man on charges of intentional abuse of a protected person. They have also issued a warrant for a female staffer for emotional abuse of a protected person.

While the tape revealed evidence of mistreatment against one of the patients, it’s likely that several more were impacted as well. Incidents like this don’t occur in a bubble, and when staffers are caring for multiple patients, it’s likely more may be effected.

If you suspect nursing home abuse, before you install a hidden camera, contact our Belle Glade nursing home abuse attorneys. We can help guide you through the best legal way to confirm your suspicions and seek justice and compensation for your loved one.
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Royal Palm Beach nursing home abuse lawyers understand that a recently-released federal report indicates a startling number of disciplined nursing aides throughout the country have violent criminal pasts.

The report, prepared by the Office of the Inspector General for the Department of Health and Human Services, as mandated by the Patient Protection and Affordable Care Act (also known as “Obamacare”), was initiated to evaluate background check programs for nursing home employees throughout the country.

The Affordable Care Act established a background check program for nursing homes to choose to use it to screen potential employees. But it’s voluntary.

In an effort to learn whether the program is actually effective, the Inspector’s office requested that each state provide a complete registry of its nursing aides, as well as information on those who had been found to have committed abuse, neglect or theft while employed during fiscal year 2010.

What they found was that of the aides who had substantiated findings of abuse, neglect or theft, nearly 20 percent had prior criminal records. What’s more, those aides who had prior criminal records were far more likely to commit some wrongdoing while employed at the nursing home. In fact, those with substantiated findings of neglect or abuse were more than three times as likely to have had a prior criminal conviction and those found guilty of theft were more than 1.5 times as likely to have a criminal conviction.

A report released last year by the same Inspector General’s office indicated that some 90 percent of nursing homes throughout the country had hired at least one employee who had a prior criminal conviction.

This is not to say that individuals who have been convicted of a crime and have paid their debt to society should not be able to get a job. However, it is extremely alarming that we are putting these individuals in positions of caring for others, particularly when those convictions are for such offenses as battery, assault, theft and rape.

Obama’s health care law had sought to standardize both federal and state background checks on nursing home employees, and Florida is one of the 10 states that have received federal funds in order to implement it. And in fact, about 98 percent of nursing homes conduct background checks. But that doesn’t mean they can’t hire someone with a criminal history.

And this is where the results of the most recent study are so troubling. First, you have administrators who are hiring nursing aides with criminal and sometimes violent pasts to care for our elderly and vulnerable populations. Conversely, there were a number of nursing home aides who had substantiated claims but did not have a criminal background would not have been red-flagged as requiring particular supervision.

The President and CEO of the American Health Care Association, a nursing home industry association, had been quoted by media as saying that criminal databases aren’t always reliable. Plus, states and individual facilities have different requirements for what counts as a “relevant crime” that would prevent a convicted criminal from being hired.

The Affordable Care Act has allocated $160 million in federal funding to help states assist nursing homes in establishing better quality background checks. In order to receive the money, states are required to conduct three types of background checks:
1. A search of any state-based abuse and neglect registries, as well as similar registries in any other state where the employee lived previously;
2. A check of the state’s criminal history records;
3. A fingerprint-based FBI criminal background check.

The Inspector’s report indicated there were a total of 1,611 reports of substantiated findings in 2010. Of those, 563 were for abuse, 511 were for neglect, 466 were for misappropriation (or theft), 64 were for abuse and neglect, 4 were for abuse and theft, 2 were for neglect and misappropriation and 1 was for abuse, neglect and misappropriation.
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