Articles Posted in nursing home negligence

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A new report released by federal regulators indicates that the percentage of nursing homes that receive spotless deficiency records is increasing. That means, according to the Centers for Medicare & Medicaid Services, that nursing home residents may be receiving better care on the whole. 

Of course, that’s not to say nursing home abuse, neglect and negligence is no longer a problem. Indeed, relatives and loved ones must still remain vigilant.

But the latest information from the Nursing Home Data Compendium for 2015 is encouraging in some aspects.  Continue reading →

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A nurse in Alabama recently pleaded guilty to elder abuse after she reportedly failed to inform her employer that she had committed a medication error by giving a nursing home patient the wrong drug. 

The 53-year-old licensed practical nurse (LPN) pleaded guilty to reckless abuse of a protected person. Although it was not an intentional act, the fact that the nurse failed to report her action put the patient at serious risk. In fact, the patient almost died.

This kind of medication error in nursing homes is a serious and unfortunately common problem. The U.S. Food & Drug Administration (FDA) defines “medication error” as any preventable event that may cause or lead to inappropriate medication use or patient harm while the medicine is in control of the health care professional, patient or consumer. Continue reading →

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For some, being given the wrong dinner is a matter of simple annoyance. For a substantial number of residents in nursing home and long-term care facilities, it could be fatal. 

In a recent nursing home negligence lawsuit filed in Minnesota, the family of an 88-year-old woman who died following an Easter Sunday meal three years ago alleges her death was preventable, and occurred because she was given the wrong food. The complaint points the finger at least partially at a computer malfunction.

Decedent, known widely by the nickname, “Toots,” suffered from dementia and was placed on a dysphasia diet. That meant it was imperative she receive only pureed food. She didn’t get it that day. It was her last meal. Continue reading →

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The state attorney general in Pennsylvania has the right to pursue legal action against a number of nursing homes under consumer protection provisions for low staffing levels. 

Nursing homes targeted by the action had argued the attorney general couldn’t do this because:

  • Only the state Department of Health had the authority to investigate or pursue litigation regarding staffing levels;
  • Her office had hired a private law firm to conduct the investigation – a law firm that had contributed money to the attorney general’s campaign finances.

But now, a seven-judge panel has ruled in favor of Attorney General Kathleen Kane. The judges stated that while it was true the DOH has the authority to enforce regulations and set minimum standards for staffing levels at skilled nursing facilities, they weren’t the only agency with the authority to investigate. While the DOH may be concerned with such matters as it relates to the health, safety and adequacy of each facility, it has no authority or capacity to investigate or correct the consumer marketing or billing practices of these facilities. That is properly within the realm of the state attorney general.  Continue reading →

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The largest nursing home rehabilitation therapy provider in the nation has agreed to a $125 million settlement after federal prosecutors accused the firm of submitting phony Medicare claims. 

RehabCare, a subsidiary of Kindred Healthcare Inc., Kentucky-based company, and operators of four facilities, allegedly submitted claims for Medicare service bills that were either not reasonable, not necessary or that simply never occurred.

Why does this matter to patients in nursing homes? First, this is far from an isolated incident. Secondly, when a nursing home or other care facility is more interested in stacking its dollars than in making sure its patients get the right level of care based on their individual needs, patients are at risk for illness, injury and even death. Continue reading →

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The 73-year-old man from Detroit was mentally impaired, struggling with dementia. He was also physically impaired, and needed a wheelchair to move around. These were the reasons why he was living in a Michigan nursing home in the first place. 

Then, last month, the man reportedly wheeled himself out of the facility. No one stopped him. No one caught him. The following day, construction workers found him dead inside a Dumpster.

Now, just a few weeks have passed and his family has filed a lawsuit against the facility, alleging negligence proximately resulting in the man’s death. They probably have a strong case. Continue reading →

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It was Christmas Day, and the just-turned-21-year-old nursing assistant, who had just received her professional license, was working yet another shift at the nursing home because the facility was short-staffed. She’d already worked Christmas Eve, but agreed to work Christmas Day too. When she got there at 7 a.m., she was asked to work a double shift, until 11 p.m. 

Initially, she said she would. Such occurrences had been common at the facility since a for-profit company took over the once family-owned facility in Massachusetts. But then, something terrible happened.

She placed an 83-year-old patient into a mechanical lift to move her. But she didn’t have another staffer to assist her, as is required by policy and the machine’s manual. Her placement was improper, and the elderly woman fell to the floor. Both her legs were broken, though that was not immediately known. Ultimately, that injury would lead to the woman’s death two days later.  Continue reading →

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A state government report in Minnesota revealed that drug theft by health care workers is so common there, it accounts for 20 percent of all abuse cases involving elderly patients.

The state department of health conducts regular analysis on exploitation and abuse of vulnerable, elderly residents, but this is the first time officials conducted a simultaneous analysis of so-called drug diversion incidents. From June 2013 to June 2014, researchers tallied 192 allegations of nursing home drug theft. Of those, there was proof to substantiate 27 of those incidents allegedly carried out by 14 staffers.

In a large percentage of cases, workers in nursing homes swapped over-the-counter pills for patients’ Vicodin or oxycodone. In another incident, a worker who was off-duty one day entered the facility, went to a patient’s room, lifted the bed sheet and peeled off the patient’s pain medicine patch right from his back before leaving the facility. That incident was later reported to police.  Continue reading →

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At first, it seemed like it might be an isolated incident. Nursing home workers were caught posting images or videos of elderly patients that were embarrassing, humiliating and even dehumanizing.

These were clear violations of patients’ dignity, privacy and also in some cases, of the law.

Today, journalism non-profit ProPublica reports there have been nearly three dozen of these incidents across the U.S. in just the last two years. These workers are sharing video clips and image files of residents, in many cases where they are partially unclothed or totally naked. Continue reading →

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People who suffer from obesity grapple with a range of health problems, from diabetes to congestive heart failure.

The number of ailments facing obese adults increase as they age. This has resulted in serious problems at nursing homes throughout the country, where Medicare often refuses to pay more for the specialized care needed for adequate care of obese patients. Kaiser Health News reports this has caused some nursing homes to routinely turn down hospital referrals for overweight patients, but there are concerns this practice violates federal anti-discrimination laws.

A number of hospitals have stepped in to help ease the transition by offering donations of specialized lifts, mattresses and beds. While there is much focus on society-at-large to get fit and lose weight, doctors say there is a segment of the population for which this is not realistic or even advisable. That does not mean they forfeit their right to adequate care. Continue reading →

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