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The patient was not yet 70. He’d had a stroke and was recovering at a Massachusetts for-profit nursing home. A week after he arrived, staffers dropped him while transferring him from a bed to a chair. Staffers called 911, but canceled the call when he seemed to stabilize. That night, though, he became unresponsive and he was rushed to a hospital. The fall had caused a brain bleed, and he died several days later.

His son hired a lawyer who thereafter discovered a pre-dispute arbitration agreement, as are forced in front of patients and loved ones upon admission, stripping them of the right to a civil trial if something goes wrong. Thankfully, the court found a provision in the agreement rendered it unenforceable.

But we are bound to see more cases like this, as a growing number of facilities are purchased by for-profit corporations, which then have almost complete control over our most fragile and vulnerable. These huge corporate entities amass major profits, and the business models are more geared toward making money than helping those who are gravely sick, physically disabled and cognitively impaired. Continue reading →

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Most families in search of a trustworthy nursing home in which to place loved ones are acutely aware of the possible dangers of abuse or mistreatment by staff. What they may be less attuned to is the danger posed by other residents.

They should know it is the duty of the nursing home to be aware of this potential, to guard against it and to address it immediately when it becomes known.

However, a new investigative report by the Buffalo News/ New America Media reveals one in every five residents experiences at least some form of aggression by another resident every month. Some of these conflicts involve stealing personal items. Some involve invading personal space. Others may escalate into verbal attacks or cursing. There may be sexually aggressive behavior, or advances toward individuals who are unwilling or are not capable of reciprocating. In some cases, residents may suffer slaps, shoves and even more violent actions. Continue reading →

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Federal safety regulators have issued a reminder to the public regarding a previous recall of portable adult bed handles, which pose substantial risk of injury and death toward elderly and disabled individuals.

The Consumer Product Safety Commission reports at least four women have died using the L-shaped devices manufactured by Bed Handles Inc., a Missouri company. Some 113,000 of the devices were recalled back in May 2014 due to serious risk of entrapment, strangulation and death.

Three cases were reported in the initial reannouncement, and then a fourth was recently added to the figure.

However, there has been less than a 1 percent response rate for the recall, which is why the CPSC decided to reannounce the recall – to make sure word was getting to those who purchased any devices that may still be in use. These devices are used in care facilities to assist patients in pulling themselves up, helping themselves out of bed or keeping them from falling out. Continue reading →

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Sepsis, which is also sometimes referred to as septicemia, is a life-threatening illness that occurs when bodily chemicals are released into the bloodstream to fight infection, and instead cause inflammation. Failure to deliver timely, appropriate treatment can result in septic shock, which leads to organ failure, brain damage and death.

Sepsis can occur in nursing home patients who contract it from bacterial infections from:

  • Urinary tract infections
  • Bed sores
  • Respiratory tract infections
  • Infections from IVs, catheters or other tubes
  • Pneumonia

Nursing homes that fail to secure proper treatment for nursing home patients who suffer from sepsis may be liable for wrongful death. This was the allegation in the case of Diversicare Leasing Corp. v. Hubbard, before the Alabama Supreme Court. Continue reading →

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Usually, when we hear about an incidence of nursing home abuse being revealed after video evidence surfaces, it’s the result of a hidden camera or some investigation by the patient’s family.

But in a recent case out of Queens, NY, it was actually nursing home administrators who came forward to alert authorities. Video images show a man falling in front of a rehab center nurse, who is seen doing nothing to help him. He then lies on the ground writhing in pain, bleeding, while no staffer steps in to help. Then, a certified nurse assistant is seen dragging him across the hall to his room. He reemerges a few minutes later, now with both a head wound and a jaw wound. He is dragged by his open, backless gown, which is now around his neck, back into his room.

Administrators called authorities. On the one hand, such action is to be applauded. But on the other hand, it’s what we should all expect. Continue reading →

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When it comes to neglect and abuse in nursing homes, it can be difficult to confirm suspicions. Patients are often either afraid or unable to come forward about what is happening to them. This vulnerability is what makes them such easy targets in the first place.

This is why many family members seek to substantiate their concerns by installing an in-room electronic monitoring system, sometimes referred to as a hidden camera or “granny cam.” These clips can be useful in both criminal and civil liability cases, as it reveals the way staffers behave when they think no one is looking. Illinois has just passed a measure, effective Jan. 1, 2016, that will explicitly allow cameras in nursing homes. That will make it one of five states that has granted this allowance.

However, they are in some places illegal. Florida, for example, has a strict statute concerning recording third parties recording individuals who do not consent to such action. Continue reading →

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A registered nurse and former director of a nursing home care center in New York has pleaded guilty to intentionally acting to cover up sexual abuse and neglect of patients at the center.

News reports indicate defendant pleaded guilty to two felony counts of tampering with evidence. The local state attorney called the neglect shown by leadership at this center was “shocking.” She was originally handed a 40-count indictment when she was first charged. However, she ultimately only pleaded guilty to two of those charges.

The 40-year-old is alleged to have engaged in a number of actions to protect her employer – to the detriment of those vulnerable patients she had promised to protect when she took the job. Although she faces up to eight  years in prison on the two felony charges, she will only receive probation if she cooperates with prosecutors, who are working to obtain evidence in other pending cases surrounding the center. Continue reading →

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A $9 million nursing home neglect lawsuit has been filed by a man who alleges the facility staffers repeatedly ignored his pleas of a painful catheter infection until it became so bad, surgeons were ultimately forced to remove his penis.

The 60-year-old man alleges the staff at the nursing home in Oregon City, Ore. committed gross negligence in failing to take swift action when he complained of pain. The infection became so serious, it led to gangrene and, ultimately, life-threatening septic shock.

According to news reports of the case, the man was admitted to the nursing home to recover from a kidney infection. This was in December 2013. But almost as soon as he arrived, he began to complain to staffers about pain and bleeding around the catheter area. However, staff at the center did nothing to address the problem. Continue reading →

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California’s largest nursing home has grown rapidly in recent years. Now, it’s descent seems equally meteoric.

According to media reports with the Sacramento Bee, the entrepreneur who launched the facility is facing not only civil lawsuits, but criminal charges in connection with the treatment of elderly and disabled patients in Southern California.

Just days after the family of one resident, now deceased, announced they were filing a lawsuit against the facility and the owner, the California attorney general announced she was filing criminal charges against the facility and two nurses in connection with a resident’s death.

The charge of involuntary manslaughter stems from the care given to a man who had burns over 90 percent of his body due to an arson fire decades before. The AG office doesn’t make mention of another case – of a mentally ill patient who committed suicide by lighting herself on fire  – though the woman’s family have since filed a formal wrongful death lawsuit. Continue reading →

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Some of the most powerful evidence in a nursing home abuse lawsuit can be video or audio of the abuse actually occurring.

This is most often obtained by family members or sometimes residents who install hidden cameras. Sometimes they are looking to affirm suspicions. Sometimes they want proof of what they already know.

But rarely is the incriminating footage captured by the perpetrators. Continue reading →

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