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In NC Leasing LLC v. Junker, a state high court ruled it was erroneous in a nursing home negligence case to deny a motion to compel arbitration simply on the basis of forum unavailability. Instead, the trial court should have held a hearing to determine the agreement’s validity. The case was remanded to trial court to do just that.

This is one of a growing number of cases involving nursing home patients, their loved ones and arbitration agreements, which have become increasingly common in the nursing home admission process.

These agreements deprive residents of the right to bring action in a court of law, and instead route them to a forum of binding arbitration, which is generally confidential and often less favorable to plaintiffs. New nursing home residents or their loved ones often sign these agreements in the stack of admission documents, not quite realizing what they are signing. But the effect on their ability to seek compensation in the event of negligence, neglect or abuse is substantial. Continue reading →

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A recent in-depth analysis published by The Boston Globe shows that 6 in 10 nursing homes advertising care specifically for dementia patients may be sidestepping state rules intended to avoid false advertising.

A review by the Alzheimer’s Association of Massachusetts and New Hampshire echoes an earlier study conducted by Globe reporters this year, showing these centers may not be as equipped to handle the intensity of care advanced dementia patients need. But that hasn’t stopped them from accepting new patients suffering from advanced stages of dementia-related disease.

Although the research was focused on Massachusetts, this problem is not isolated to that state. But these snapshots of how nursing homes provide care for these estimated 40,000 elderly residents shows us where the shortcomings are throughout the rest of the country. Continue reading →

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Federal authorities have issued notice to health inspectors across the country to watch for medication errors in nursing homes related to a blood thinner known as Coumadin.

The announcement cited a recent investigation by ProPublica and The Washington Post in which it was revealed hundreds of patients had been hospitalized or even died in recent years after their nursing home caregivers failed to properly monitor administration of the drug.

Analysis of existing government data showed that between 2011 and 2014, more than 165 residents in nursing homes either had to be admitted to the hospital or suffered fatal illness as a result of medical errors that directly involved Coumadin and warfarin (the generic version of the drug.).

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Yet another states attorney general has taken aim at a large, for-profit elder nursing care provider, alleging serious neglect that denied patients’ basic needs and also falsification of records and deception of state health officials.

This time, it’s in Pennsylvania, with the target being Golden Living, operated by Golden Gate National Senior Care, LLC and managed by a company called The Beverly Group, which operates some 300 nursing homes across the state. None of those are in Florida, but there are many locations across swaths of the South, including three in Alabama and nearly a dozen in Georgia.

In Pennsylvania, where state Attorney General Kathleen G. Kane announced legal action in a 101-page filing, the company operates more than three dozen facilities. Of those, 14 are named in the lawsuit. Continue reading →

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Nursing home abuse at a center in Minnesota has reportedly been uncovered via hidden camera, resulting in the termination and arrest of two nursing assistance and the suspension of nine others.

Family members of numerous family residents collaborated to install cameras in the private rooms of their loved ones. They suspected wrongdoing when they began to notice bruising and cuts on the faces of their loved ones, but they couldn’t seem to get a straight answer. They were worried for the safety of their elderly relatives.

Now, they know those concerns were valid. Continue reading →

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Excess prescription of powerful tranquilizers in nursing homes and among seniors in general has been identified as a major problem within elder care facilities.

A 2014 study by JAMA Psychiatry revealed almost 12 percent of women who are 80 are prescribed benzodiazepines, a class of sedatives and anti-anxiety medications that are generally supposed to be avoided by elderly patients, as they have been linked to dangerous side effects – particularly for patients with dementia and Alzheimer’s disease.

In nursing homes, these kinds of tranquilizing drugs have been used improperly as a way to suppress patients who might otherwise be seen as “troublesome” to staffers. But not only are powerful drugs dangerous with little benefit for those who consume them, there are other ways to deal with those behaviors.

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An 85-year-old woman who died last year at a nursing home in Maryland reportedly suffered negligence and neglect by staffers who were charged with caring for her.

In a lawsuit filed by her family against a large nursing home chain (which has branches in Florida), the woman’s daughter-in-law reportedly shot video revealing the woman’s cries of pain were ignored for over an hour.

The litigation was filed in Baltimore against ManorCare Health Services, a for-profit chain with numerous locations across South Florida. Not only did nurses and other staffers neglect the decedent, the lawsuit alleges, but they falsified records in order to do so. Apparently, the records kept by nurses at the facility are in direct conflict with what the video footage depicts.

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The attorney general in Pennsylvania has filed legal action against a large, corporate nursing home provider with 36 locations in that state. Of those 36, Attorney General Kathleen Kain alleges 14 have engaged in deceptive and unlawful business practices, while making a substantial profit off the state.

The chain, which is based in California and has centers in Florida as well as in numerous other states throughout the country, is accused of failing to meet the most basic care needs of residents, despite accepting state dollars (primarily through Medicare) to do so.

In court documents, the attorney general cites dozens of confidential witnesses who allege they were misled to believe their elderly, frail, vulnerable loved ones were receiving excellent, quality care, when in fact facilities were understaffed and patients were at grave risk of harm.

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A lawsuit alleging nursing home injury sustained to a patient who was dropped while being assisted into the shower was weighed recently by the South Carolina Supreme Court.

Specifically at issue in Morrow v. Fundamental Long-Term Care was whether plaintiffs – patient and his wife – could appeal an order bifurcating the trial into two – one against the nursing home itself and one against the corporate entity that owns the nursing home.

The court determined an appeals court did err in finding the order was not appealable. That doesn’t mean plaintiffs win their case. It just means they can return to the appeals court to ask for reconsideration on that specific issue.

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Those in nursing home facilities and long-term care centers are at heightened risk of burn injuries for a number of reasons. The majority of those living in nursing homes have health and mobility issues, which means any attempted evacuation for a fire or other issue is fraught with going to be extremely problematic.

The U.S. Accountability Office estimates there were 2,300 nursing home fires between 1993 and 1999. That breaks down to nearly 400 fires annually. Most are minor, but sometimes, they do result in injury or death.

Common causes of nursing home fires and burns include:

Continue reading →
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