Articles Posted in nursing home abuse

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Medication errors in nursing homes are recognized as a common problem, and inspectors for the state will specifically analyze the rate of mistakes when grading a facility on its care.

All nursing homes are required by law to maintain a medication error rate of less than 5 percent, and there must not be any severe medication errors.

Still, problems continue to arise. Sometimes, the doctor fails to write the correct medication or to ensure new medications won’t negatively interact with existing prescriptions. Other times, pharmacies improperly fill the medication. Often, mistakes occur in administration of the drugs, in contradiction to the orders of doctor, pharmacy and drug manufacturer.

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Many nursing home residents are unable to walk or unable to walk any significant differences. Often, they use wheelchairs and require assistance to perform basic tasks, such as going to the restroom, bathing and getting in and out of bed. 

Although there are accepted industry protocols for the best and safest way to move patients, these procedures aren’t always followed. When facilities are understaffed, caregivers are often inexperienced, rushed or simply careless when it comes to moving patients. This results in nursing home patients being dropped, most often during routine transfers.

When a nursing home resident is dropped, it can lead to serious health complications, including:

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Admission to nursing homes in Florida is increasingly coming at a great cost, not just to residents’ bank accounts, but also to their rights. 

Many new admissions or their family members are being “asked” to sign mandatory arbitration agreements, typically included in the mounds of other necessary paperwork completed before a care agreement is reached.

Mandatory arbitration agreements are legal contracts in which patients and/or their loved ones agree any dispute or disagreement related to care will be raised before an arbitrator, rather than in civil court before a judge. The process is typically advantageous for nursing homes because rulings are mostly in their favor and even when damages are awarded, the amount is typically far less.

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It started with a broken finger. It’s not clear how the elderly woman’s finger came to be broken, but it was clearly not treated properly.

As a resident of a state-run nursing home providing around-the-clock care, that was the one thing she should have been able to count on.

But when she was taken to an orthopedic surgeon some five days after the fracture occurred, the doctor noted the bandage was tightly wrapped with 4 to 5 bandages. No fingers were exposed, and the wrapping was so tight, the doctor would later say, “Only God could have removed it.”

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Four nursing home workers have been arrested and the state attorney general in New York is continuing to investigate allegations the facility actively concealed abuse and neglect of vulnerable residents.

In all, there are 45 crimes listed in the indictment among the four workers, including:

  • willful violation of health laws
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It’s been four years since a Miami Herald investigation revealed systemic problems leading to abuse, neglect and death of residents at some of the state’s more than 3,000 assisted living facilities, which serve approximately 86,00 elderly patients.

That investigation prompted Florida Sen. Eleanor Sobel, D-Hollywood, to draft bill after bill to address lapses in state oversight and enforcement of laws to protect these residents. Each year, the measure failed.

Until now.

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A 78-year-old former lawmaker in Iowa has been acquitted of criminal charges after it was alleged he had sexual contact with his wife, an Alzheimer’s patient residing at a nursing home. At issue was the prosecution’s contention that the woman lacked the capacity to consent to sexual contact.

Defendant had reportedly been informed by staffers to “limit sexual contact” with his wife of seven years, but it was a minute-long instruction that was part of an hour-long discussion, and he would later say he believed that to mean he was advised against having sexual intercourse with his wife for medical reasons. It was his contention that his wife initiated the sexual contact after that, and he assumed that this meant she was consenting. However, no one actually witnessed the act or could verify the exact nature of it.

These kinds of discussions are uncomfortable for family members and loved ones whose elder relatives and spouses remain in the care of a nursing home facility. The fact is, people don’t lose their desire for love and human affection when they are diagnosed with dementia. They shouldn’t be denied those things if it involves consenting adults. But the degree to which people with dementia or Alzheimer’s disease or other conditions can consent is a major question that many families and even nursing homes are grappling with.

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In California, the non-profit Center for Investigative Reporting has been working hard to learn more about alleged abuse and maltreatment of developmentally disabled patient in the care of state-run centers.

After drawn-out litigation over public records that the state refused to turn over, the journalists finally prevailed. What those records ultimately revealed, according to a recent report, paints a deeply troubling picture.

Since 2002, the Department of Public Health  found state-run homes responsible for the deaths of 13 people. Even more deaths and serious injuries were cited as being the cause of administrators and staffers allowing highly dangerous living situations, even if that wasn’t the direct cause.

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The recent case of Community Care Center of Aberdeen v. Barrentine is, at its core, an employment dispute. But the matter, reviewed by the Mississippi Supreme Court recently, holds relevance for those who care about the well-being of elderly, vulnerable residents of nursing homes because it involves someone who reportedly was willing to speak up about abuse.

As we know all too well, that courage is rare, especially for someone who is employed by the facility potentially liable for such wrong-doing and the resulting injuries.

One study by the General Accounting Office revealed that physical and sexual abuse of nursing home residents is not promptly reported to local law enforcement authorities and state regulators. And even when it is, it’s rarely prosecuted. Not only are patients and sometimes even relatives reluctant to report abuse, but nursing home managers are reluctant because they fear adverse publicity and legal liability. Employees are fearful of losing their jobs.

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Usually when we discuss nursing abuse, we’re referring to staff members who take advantage of and victimize elderly patients.

However, there is an increasing amount of evidence to suggest another problem may in fact be the violence that occurs between residents. In fact, a recent study conducted by analysts at Cornell University indicated almost 1 in 5 nursing home residents is involved in an aggressive encounter each month. Most of these involve other residents.

While some of these incidents may be spontaneous, nursing home staff and administrators have a responsibility take action to prevent foreseeable dangers and to ensure residents have a safe place to live.

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