Articles Posted in nursing home neglect

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A special kind of impact-absorbing floor material was found to slash fall-related injuries by approximately 60 percent in Swedish nursing homes, according to a new study published in the journal Injury Prevention.

The lead author of the study noted the seriousness of falls for elderly in nursing homes, asserting they comprise nearly 70 percent of all falls among older people, who on average suffer three to four falls annually. Consequences can range from minor bruising and pain to hip fractures and head injuries.

Meanwhile in the U.S., the Centers for Disease Control and Prevention reports one of every three adults over the age of 65 will suffer a fall. Of those, about 25 percent will suffer a moderate-to-severe injury that will not only impair their mobility, but possibly put them at risk of serious infection or even death. The direct medical costs for these incidents pushes $35 billion a year.

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A once-unlicensed nursing home facility that allegedly confined an aging, once-prominent judge in an unheated room, allowing him to freeze to death in the winter, has agreed to settle the wrongful death lawsuit for $750,000.

It’s the last chapter for a popular Brooklyn, NY man once called the “kung fu judge” for his black belt in karate. The settlement was announced seven years to the day of his death.

However, a complaint filed by his family members is still pending with the local district attorney’s office. They say the center needs to be investigated for ongoing violations – including continuing to keep aging patients without heat or other basic necessities.

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A newly-filed nursing home neglect lawsuit accuses a facility of failing to properly care for an 88-year-old woman who subsequently died of respiratory failure, pneumonia, sepsis and cardiac arrest.

The lawsuit, brought by the woman’s daughter, alleges that not only was there not enough staff at the facility at any given time, the staff who were there did not provide proper care and did not maintain accurate and complete records of the woman’s treatment.

This same facility was accused of misconduct by other patients. Jurors previously ordered the same facility – and its owner – to pay $677 million in damages to residents and/or their surviving family members for jeopardizing the health care of elderly wards and breaking state law by maintaining bare bones staff with the primary goal of lining administrators’ pockets. A county judge in 2010 later approved a reduced settlement amount of $63 million.

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Palm Beach County officials are considering tightening rules for home health aides in response to a growing industry that is only loosely regulated by the state and federal government.

While such positions are often assumed by relatives, there are also home health agencies whose workers are hired to run errands, oversee medication and prepare meals for those who wish to stay in their homes as opposed to a nursing home facility.

Nurses and nursing assistants who work in licensed nursing home facilities must adhere to certain training requirements, the same standards are not always extended to those who provide in-home care. Many home health agencies do complete background checks, but it’s not a mandated requirement, and, as some officials point out, this can create problems when employees have prior convictions for crimes of theft and violence.

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A number of recent reports indicate a growing number of nursing home staffers are working excessive amounts of overtime, leading to a greater potential for reduced care quality and possibly neglect and abuse.

In one case, a long-time nursing assistance in Pennsylvania clocked an average of 80 hours each week for a full year. Her routine jobs included feeding, dressing and bathing nursing home residents. One registered nurse in the same area worked the equivalent of 90 eight-hour overtime shifts over the course of two years. In a single nursing home, staffers clocked 125,000 hours of overtime over the course of two years.

Another report out of New York detailed how a single, county-run nursing home ran up a $745,300 bill for overtime in 2014, which represented a nearly 22 percent increase from just one year earlier.

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A 76-year-old woman who spent months languishing in a South Florida nursing home before being removed in 2003 died just weeks later. A jury later determined her to be the victim of continual neglect, having suffered numerous bed sores, malnutrition and a serious fall that resulted in a head injury.

Her survivors were awarded $110 million against two nursing home companies, ordered to pay $55 million each. Those firms are Trans Healthcare Inc. and Trans Health Management Inc.

However, her family has found it nearly impossible to collect on that verdict. In the last four years, the family has pressed forward through a complex maze of shell corporation transactions involving the firm that appear to have been designed specifically to mitigate such liabilities. Trans Healthcare’s liabilities were all funneled into a company called Fundamental Long Term Care Inc. The problem is, that firm is a shell. It has no assets.

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Inadequate staffing for seriously ill patients is alleged to have led to the deaths of at least three patients who received care at several nursing home facilities – one in Winter Haven and two in Lakeland – owned by the same firm, according to lawsuits filed recently.

The Lakeland Ledger reports the cases involve three patients who received care between August 2013 and March 2014. Their deaths, reported days or weeks after discharge, were reportedly connected to their stay at the facilities.

Each complaint alleges the parent company committed neglect by pushing its subsidiary nursing homes to admit more patients who were seriously ill. These individuals would require more care and thus the companies would be more handsomely reimbursed by the federal government. However, the facilities did not increase staffing levels in order to provide the heightened level of care these patients needed, and this led to patients receiving poor care, ultimately resulting in illness and death.

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There has been increased media coverage and attention given to the rise in nursing home abuse and neglect, and for good reason. According to a recent report, one in five nursing home patients suffers abuse by another resident. The study found that 19.8 percent of residents at 10 nursing home suffered some kind of abuse within the period of review. During the four-week period of investigation 16 percent of residents suffered from verbal abuse, while 5.7 suffered from a physical attack, such as hitting or kicking. The reports indicated that 1.3 suffered from sexual incidents and 10.5 percent suffered from invasive behavior.

These cases involved resident-on-resident mistreatment involve only a fraction of the abuse that may also occur involving nursing home aids or other employees. Commonly we hear of abuse committed by overworked health aids, but a new category of abuse is also putting residents at risk—resident-on-resident abuse and injury. These injuries are inflicted by a roommate or another resident in the nursing home. According to the research one in five residents were involved in such incidences within the four-week period.

The abuses can range from aggressive and abusive language to physical attacks. Not only are they invasive and disruptive for other residents, but resident-on-resident abuses can also cause serious physical harm. According to the report, the incidences are so common that many of the workers are unaware or do not choose to get involved. The results of this investigation were made public at the Gerontological Society of America, providing a harrowing account of life inside the facilities for the 1.4 million nursing home residents in the United States. Of the total number of nursing home residents in the country, more than 72,000 of them reside in the state of Florida.

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Making the decision to put your elderly loved one in 24-hour-care can be emotional and difficult. In Florida, families should be concerned with the quality of care being provided, as well as the potential for negligence and abuse. In a recent case, a nursing home resident who suffered from Alzheimer’s and dementia was abused by his caretakers. According to local reports, the nursing home aides were caught after the victim’s son installed hidden cameras in his room. He decided to install the cameras after he noticed unexplained bruising on his father.

The certified nursing assistants were 28 and 35-years-old, working at Palm Garden. Since the discovery of the abuse, the aids have been charged criminally, for the battery of a person over the age of 65. The two nursing assistants as well as several other staff members were suspended without pay, according to the chief operating officer of Palm Healthcare Management. Palm Healthcare Management is responsible for the hiring and oversight at the Winter Haven nursing home facility. The case is still under investigation and the aids as well as the nursing home management company could also face civil lawsuits.

According to reports, the 76-year-old nursing home patient was diagnosed with dementia and psychosis. His son installed hidden cameras in his room to help identify where the bruises were coming from. The video cameras captured the aids physically harassing the patient when they repositioned him in bed. More footage documented one of the defendants and a second employee trying to move the patient from his wheelchair to bed and the aids appeared to stomp on his feet or legs. On a separate occasion, other employees were changing the victims’ clothes when they grabbed his wrists and struggled. They pinned down the man’s legs, grabbed his wrists, and slapped him on the head. When he tried to sit up, the employees ran out of the room. Both defendants are being held without bond.

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Every year, thousands of nursing homes are the subject of lawsuits and litigation throughout the country. Rarely do those cases make national headlines. A private equity firm has been the target of a long-awaited trial that is being held in a Tampa bankruptcy court. According to Huffington Post, the case has been brought on behalf of six elderly victims who suffered from abuse, neglect, and inadequate care while under the care of nursing homes owned by Trans Healthcare, INC (“THI”).

There is no dispute in this case about whether elderly victims suffered abuse at the hands of their caretakers, and the operators of the many nursing homes. State courts have already awarded damages in excess of $1 billion in these cases. The issue is where the monetary awards should come from. Even though the families have been awarded these damages in previous state cases, none of the victims’ families have been able to collect due to an alleged unlawful abuse of bankruptcy laws.

The judge in this case stated that it has, “all the makings of a legal thriller.” The case has been the subject of wide dispute as victims suffered abuse in nursing homes acquired by GTCR in 1998. Bruce Rauner, the Republican candidate for governor of Illinois, was also the chairman of the Chicago based company during the time that the company became the subject of litigation. The company bought over 200 nursing homes throughout the country.

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