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06 May ' 09:42
Nursing Home Injury Laws: New Jersey
on May 06, 2012Number of nursing homes in New Jersey: 358Patients living in New Jersey nursing homes: 45,610
Occupancy rates of New Jersey nursing homes: 89.8%
Average number of deficiencies at each New Jersey nursing home: 8.5
Percent of New Jersey nursing homes with serious deficiencies for actual harm to patient: 27.4%
Most common deficiencies at New Jersey nursing homes:Accident Environment, Professional Standards, Quality of Care
Distribution of ownership of New Jersey nursing homes: 68% for profit, 27% non profit, 6% government
Most populated cities in New Jersey: Newark, Jersey City, Paterson, Elizabeth, Edison, Trenton
Staffing levels at New Jersey nursing homes (daily hours):Above average, 3.8 total staff, 1.6 licensed nurseVisit Nursing Home Injury Laws to learn more about New Jersey nursing homes and your legal right
**Data based upon 2009 CMS data, U.S. Department of Health and Human Service
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04 May ' 10:25
Failing To Intervene With Violent Patients Is No Different Than Neglecting Other Necessities
on May 04, 2012
There's been a lot of discussion lately about violence in nursing homes-- when a nursing home patient perpetrates an aggressive act towards another patient. Admittedly, from the outward appearance of these incidents, it may seem like while these incidents are indeed unfortunate, it is unfair to hold a facility responsible for the acts of their patients. After all, is it really fair to hold an individual or entity responsible for the behavior of a person?
However, a closer examination of these incidents usually reveals that most of these violent nursing home episodes are indeed hardly isolated events. Rather, the more we delve into the backgrounds of these perpetrators-- the more we see that there typically is a string of similar situations of abusive or violent conduct in the not to distant past.
From the perspective of keeping patients safe, nursing homes (or any institution for that matter) must take appropriate interventions to prevent subsequent incidents from repeating themselves. While the circumstance will likely dictate the type of necessary intervention that is necessary, simply letting things stay 'as is'-- without any protective measures is simply unacceptable.
While the arbitrary nature of when a facility is to take interventional measures with violent / aggressive patients is a debate perhaps best left to medical and psychological professionals, I was indeed encouraged by the recent actions taken by the Iowa Board of Nursing Home Administrators in the case charging one of their own with "professional incompetence" and "negligence" for the manner in which a nursing home administrator handled a series of episodes involving an aggressive patient who seemingly was responsible for ongoing assaults of other patients at an Iowa nursing home.
In October, the Board will decide the fate of of the accused administrator, Mitchell Worcester, the administrator at Tabor Manor Care Center. It was on Mr. Worchester's clock that a patient at the facility repeatedly abused his peers at the facility. State inspectors confirmed at least five disturbing incidents over a 16 week span in 2008 when the patient repeatedly violated others at the facility.
In lieu of reporting the incidents to state officials, Mr. Worcester appeared to pretend as thought the episodes were simply "unpreventable". When confronted by the Des Moines Register about the incidents he confided, " I don't know how you can keep it from happening."
Apparently, the lack of control Mr. Worcester has over violent patients extends to other areas of his facility. According to a recent Des Moines Register , the facility inspection record over the past several year includes:
- 2009: Unsanitary conditions, inadequate nutrition, resident falls and failing to report the falls to authorities
- 2010: 18 violations relating the poor care
- 2011: Improper use of restrains, use of unnecessary drugs and resident safety concerns.
Nursing Home Found Not Negligent In Civil Lawsuit Following Murder Of Patient
Patient Beaten To Death In Chicago Nursing Home
What Can Nursing Homes Do To Protect Patients From Violence Within Facilities?
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03 May ' 18:13
Jury Awards Family Of Deceased Nursing Home Patient $3.2 Million In Response To Bed Sore Lawsuit
on May 03, 2012Bed sores are a progressive complication that can afflict any immobile patient in a nursing home or other type of care facility. When bed sores (also referred to as: decubitus ulcer, pressure ulcers or pressure sores) develop, the open wounds expose the patient to a risk of complications including infection of the surrounding tissue, bone and even the entire bloodstream--- which can prove far more formidable to overcome than the patient's original condition.
The good news with respect to the overwhelming number of situations involving bed sores in nursing homes is that these cases can be prevented with proper care from staff at the facility. Paramount to the prevention of bed sores in any facility is the realization by the facility (and staff) that certain patients are predisposed to developing them based upon their physical condition--- and prevention methods must be created and implemented.
Similarly, staff need to monitor the skin integrity of each patient they are caring for to identify bed sores in their early stages. From a treatment perspective, bed sores in their early stages are far more manageable to treat than once they progress to a more advanced level. In addition to recording the patients skin condition in their medical chart, staff should also advise the attending physician of the situation so a timely intervention can be made.
Perhaps out of fear, shame--- or downright indifference--- the existence of bed sores in patients at some nursing homes seems to get consistently downplayed / ignored; as if the wounds will magically vanish with time.
I was again reminded of this troubling scenario of 'bed sore denial' when I read about a recent jury verdict in a wrongful death lawsuit involving a Colorado nursing home where a patient developed advanced bed sores that became infected. According to news reports of the verdict the the Denver Post, the family of an 88-year-old patient at Pioneer Healthcare Center alleged that the facility was both negligent in its care of their loved one and that the facility intentionally failed to disclose the extent of the wounds to family.
The existence of the bed sore wasn't disclosed to the family until a CNA at the facility advised the man's son that the wound on the man's buttocks and scrotum were infected to the extent that they began to smell. By the time the man was transferred to a hospital-- the damage had been done-- and their was little that could be done from a medical perspective.
Obviously, this fact pattern was disturbing enough to the jury hearing this case as they awarded $3.2 million in damages to the man's family.
Related:
Delay In Providing Care For Patient With Pressure Sore Results In Fines Against Facility
Bed Sore Prevention Is An Ongoing Process For All Nursing Home Patients
Mounting Evidence Suggests That Bed Sore Prevention Is Cost Effective
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02 May ' 09:46
British Medical Journal: DePuy Knew About Faulty Hip Implants as Long as 7 Years Ago, Even Though Product Was Only Recalled in 2010
on May 02, 2012A scathing report issued by the British Medical Journal (BMJ)says DePuy Orthopaedics was well aware that several of its hip implants were faulty, even as it continued to aggressively market the products to surgeons.The report, written by BMJ investigations editor Deborah Cohen, cites an internal DePuy memo from 2005. The memo reads: “In addition to inducing potential changes in immune function, there has been concern for some time that wear debris may be carcinogenic. The mechanism is not known and only 24 local malignancies have been reported in patients with joint replacements. Also worrying is the possibility of distant effect. One study suggested a threefold risk of lymphoma and leukemia 10 years after joint replacement.”DePuy’s ASR XL Acetabular System and the ASR Hip Resurfacing System first came on the market in July 2003, and were recalled in August 2010. During those years, at least 90,000 people received hip implants using DePuy’s technology. So far, the “revision rate,” or rate of corrective operations, has been about 13 percent, according to DePuy’s Web site. The actual number could be much higher. The BMJ story also reports that DePuy failed to notify surgeons of design changes to the ASR systems around 2005. The changes led to “increased wear, high levels of metal ions in the tissues and blood and higher rates of joint failure,” according to the article. As we’ve noted several times over the past year on Nursing Homes Abuse Blog, metal particles can cause several serious issues, including:- Kidney Failure
- Hemorrhages
- Deafness
- Impaired Liver Function
- Increased Risk of Cancer
Johnson & Johnson, which ones DePuy, announced Wednesday that litigation costs related to the hip replacement recall have cost the company $271 million. Still, the pharmaceutical giant managed to garner a profit of $3.91 billion for the quarter. ***If you or a family member has received a DePuy hip and has developed complications in terms of pain, revision surgery or metal poisoning, we would be honored to discuss your legal options with you-- without any cost or obligation. Our DePuy hip replacement lawyers are working on behalf of many people in your position and we can answer most of your concerns on the spot. (888) 424-5757 or complete the contact form on this page.*** To see Jonathan Rosenfeld discuss the DePuy Hip Replacement Recall on LXBN-TV, please visit:Jonathan Rosenfeld Discusses Dangers of DePuy Hip Replacement ProductsRelated Rosenfeld Injury Law Blog Posts:All-Metal Hip Resurfacing Devices Receive More ScrutinyDePuy Hip Replacement Patients: What the Company Doesn’t Want you To Know About Your Legal RightsIn Aftermath of DePuy Hip Problems, FDA Takes a Closer Look at Metal Hips -
01 May ' 08:47
Sloppy Transfer From Wheelchair To Bed Claims The Life Of Nursing Home Patient
on May 01, 2012Moving a patient from one device to another-- or typically referred to as a 'transfer'-- is one of the most essential services a nursing home provides to immobile patients, yet it is also one of the most common sources of patient injury.
Transfers are deemed to be such an important part of patient care, that all patients must be assessed to determine the type of assistance the facility is to provide for the patient.
Particularly for immobile patients, the assistance of one, two or sometimes even three staff members may be necessary to safely move the patient to a wheelchair, bed or other device. Unfortunately, even with the supervision of multiple staff members, transfers can easily result in a patient getting dropped or falling when the staff fail to act in concert or use proper lifting technique.
Because most patients involved in transfers have limited mobility to assist or to react to a situation, when patients are dropped-- significant injuries commonly accompany.
Yet again, I was reminded about how sloppy transfers can result in significant injuries to patients when I read about a dementia patient who sustained a significant head injury when he fell from his bed during a transfer from his wheelchair. According to a recent in the Des Moines Register, the patient fell from his bed while one of the two nursing home workers responsible for the transferring him diverted their focus away from the patient in order to get a pillow. While the worker was getting the pillow, the patient slid from the bed and hit his head on a nearby wheelchair suffering a bleed on his brain.
The patient was taken to a nearby hospital for medical attention and died several days later.
An investigation into this incident by nursing home inspectors confirmed that the staff involved in this incident indeed acted negligently and a fine was imposed against the facility.
As an attorney who works on transfer-related injuries in nursing homes and hospitals, I find these type of cases particularly disturbing because of the direct failure of staff to attend to patient needs. Though occasionally referred to as 'falls', transfer injuries are more aptly referred to as 'dropping a pateint' and are particularly concerning because almost all of these occurrences result from errors made exclusively by staff-- as opposed to any contributory fault of the patient.
Lastly, in addition to a dropping incident itself, I find situations where staff fail to report these occurrences most alarming. Regardless of the severity of the incident, staff must make note of the incident itself and conduct an assessment of the patient to assure that any injuries are timely and compassionately taken care of.
Staff Need To Protect Disabled Nursing Home Patients As They Transport Them In Wheelchairs
ManorCare Facility Named In Nursing Home Negligence Lawsuit After Patient Fractures Leg
Improper Maintenance Of Lift Device Costs Nursing Home Patient Their Life
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30 Apr ' 06:15
Nursing Homes Need To Do A Better Job Identifying Abusive Employees
on April 30, 2012Why is it that so many incidents involving abusive nursing home employees only come to the surface after an investigation has been completed by law enforcement or after complaints have been made by a family?
While not every episode of abuse carried out by a nursing home employee may be readily identifiable, I get the impression that many facilities intentionally turn their backs on episodes of employee-perpetrated abuse rather than initiate disciplinary actions on their own. Given the fact that nursing homes are essentially sealed off from public view, nursing home operators are no doubt in a better position to keep tabs on their staff than any other party.
I began to consider the very crucial role that nursing homes and other medical facilities play in the safeguarding of their patients when I read about (yet another) situation involving two nursing home employees at an Oklahoma nursing home who were captured on videotape abusing a 96-year-old dementia patient.
According to news reports of this incident, the hidden video of depicting the abusive acts (shoving latex gloves into the patient's mouth while another aid was watching) was a crucial piece of evidence used by police in their investigation of this incident and accompanying criminal charges.
While in this incident, the facility did take the necessary step of condemning the acts of their employees and stripping them of their responsibilities, I still question why this incident needed to be identified by an outside agency as opposed to being identified internally?
As institutions responsible for the well being of an especially vulnerable group of patients, nursing homes have a duty to safeguard patients from the abusive acts of other other patients, staff and visitors. In situations such as this where there was obviously enough indicators of poor care for a family to install a hidden camera, why was this facility unable to pick up on these signs of mistreatment?
In order to nip abusive events in the bud, nursing facilities must foster an environment where any employee can come forward and bring concerns of abusive care to the attention of administrators and managerial employees. Disturbingly, until this message is instilled into staff members this type of mistreatment will likely continue.
Related Nursing Homes Abuse Blog Entries:
Caught On Tape: CNA Pleads Guilty To Abuse Of Elderly Nursing Home Patient
Three New York Nurses Surrender Licenses After Being Charged with Nursing Home Abuse
After Video Of Nursing Home Abuse, Attorney General Gets Involved
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29 Apr ' 20:52
- Nursing Home Injury Laws: New Hampshire
- Nursing Home Spotlight: Manor Court of Clinton; Clinton, IL
- Is Chicago Nursing Home Bullying Its Way Around Patient Safety Measures?
- Why Do So Many Nursing Home Patients Suffer Fall-Related Injuries When Preventative Techniques Are So Easy To Implement?
- Many Suspicious Elder Deaths In Nursing Homes & Hospital Go Un-investigated
Nursing Home Injury Laws: New Hampshire
on April 29, 2012Number of nursing homes in New Hampshire: 80
Patients living in New Hampshire nursing homes: 6,928
Occupancy rates of New Hampshire nursing homes: 89.5%
Average number of deficiencies at each New Hampshire nursing home: 6.4
Percent of New Hampshire nursing homes with serious deficiencies for actual harm to patient: 11.3%
Most common deficiencies at New Hampshire nursing homes:Professional Standards, Clinical Records, Comprehensive Care Plans
Distribution of ownership of New Hampshire nursing homes: 51% for profit, 34% non profit, 15% government
Most populated cities in New Hampshire: Manchester, Nashua, Concord, Derry, Rochester
Staffing levels at New Hampshire nursing homes (daily hours):Above average,4.1 total staff, 1.5 licensed nurseNew Hampshire nursing homesand your legal right
Nursing Home Spotlight: Manor Court of Clinton; Clinton, IL
on April 27, 2012For several years now, the Manor Court of Clinton nursing home in Clinton, IL, has been operating deep in the shadows. Based on four state surveys, the most recent of which was completed on February 24, the 92 residents of Manor Court live in a world filled with abuse and neglect. The surveys, of course, only begin to tell their stories.
After analyzing scores of violations, we noticed that one time period in particular stood out as being especially horrific. In the span of one terrifying week in January, 2011, surveyors observed:- A resident in severe distress as a nurse “cleaned” two open bed sores on his buttocks. The resident had been left sitting for hours in a soiled brief. When asked to describe his pain from the bed sores, the resident responded: “It hurts. It hurts all the time. When the pain comes it just gives me shivers.”
- A resident repeatedly unknowingly rolling over his catheter tubing with his wheelchair
- Several residents who were left for as many as five hours without being moved, fed, toileted or repositioned
- Perishable food that was left out for 2 1/2 hours before being served
- bed sore lawsuits
- infected bed sore
- Manor Court Nursing Home
- nursing home lawsuit
- nursing home violations
Is Chicago Nursing Home Bullying Its Way Around Patient Safety Measures?
on April 26, 2012With a pattern of violence amongst its patients confirmed by investigations completed by the Chicago Police Department and the Illinois Department of Health, Rainbow Beach Care Center is certainly the type of facility that deserves the to be hyper-scrutinized in order to protect its patients.
In fact, Rainbow Beach has the dubious distinction of having the highest number of reports of assault and battery allegations-- many of which related to unwanted sexual contact (including rapes and slayings)-- compared with other nursing homes in Chicago.
Similar allegations of patient-on-patient violence provided enough concern for IDPH officials to issue five 'immediate jeopardy' citations against the South Side of Chicago nursing home over the past three years.
In response to these dangerous living conditions, the State appointed two nursing home monitors to the facility to help ensure the safety of patients.
Apparently, Rainbow Beach likes to keep as many of the ongoings at the facility as secretive as possible as the facility filed a temporary restraining order in the Cook County Court to have the monitors removed. During a court hearing in January, lawyers for Rainbow Beach were successful in ousting the monitors as they arguing that the monitors were behaving inapporpiately and they had no basis to be at the facility in the first place.
While the judge involved in this matter must have had a good basis for his ruling, I frankly find the type of backlash involved in this situation particularly alarming and downright obstructionist. Further, the lack of on sight supervision reduces the likelihood that the underlying issues at this facility are truthfully identified.
Hopefully, this story is not over yet...
Illinois Nursing Home Quarterly Violations: Second Quarter 2011
Should Nursing Homes Restrict The Sexual Activity Of Disabled Patients?
Beleaguered nursing home manages to expel 2 state monitors, Chicago Tribune, April 16, 2012
- Cook County Court
- immediate jeopardy'
- Rainbow Beach Care Center
- rape in nursing home
- temporary restraining order
Why Do So Many Nursing Home Patients Suffer Fall-Related Injuries When Preventative Techniques Are So Easy To Implement?
on April 25, 2012As an attorney working on nursing home negligence cases, falls at facilities are a steady source of my case work. Particularly in an elderly population commonly found at many nursing home facilities, falls frequently have devastating consequences where patients suffer various types of fractures and head injures that cause a tremendous amount of pain and diminish the quality of their lives.
Recognizing the dangers associated with falls in nursing homes, federal laws require that each patient be assessed for their propensity to fall and preventative measures must be instituted by the facility.
When properly implemented, the preventative fall measures can indeed make significant headway in reducing the number of nursing home falls. However, even the best best fall prevention plan can not prescribe a preventative measure for every precarious situation encountered by patients as they go about their day-- nor would such plans necessarily be practical as they would simply be impossible to administer.
For all the sophisticated and labor-intensive ways which we commonly look towards for fall prevention methods, I was pleasantly surprised to read about how a New York nursing home successfully reduced the fall rate of their patients' by more than 50% over the course of a year.
McKnights reported how The Center for Nursing and Rehabilitation in Brooklyn, NY improved the safety for their patients by incorporating the following fall prevention safeguards:
- Changing the color of their toilet seats to black from white to improve the visual contrast and allow patients to better gauge where they should be prior to sitting
- Utilizing overlay mattresses with sideguards on the beds of patients who tend to get up unassisted.
- Imposing new evening activities during to help bring more structure to a time when patients are more prone to falling
- Imposing new pain assessments for cognitively impaired patients to assist in the identification of fall-related injuries
While the above measures may seem fairly basic--- and they are--- my experience is that these basic precautions commonly go ignored as facilities continually look towards new technologies for improving patient care. Hopefully, other nursing homes across the country will take note of these basic fall precautions as they can be quickly implemented at a very modest cost.
Nursing Home's Failure To Implement Fall Precautions Results In Death Of Patient
Nursing Homes Post-Fall Care Of Injured Patient Criticized By State Investigators
Falls In Nursing Homes Are A Serious Threat To The Safety Of Many Patients
- attorney
- fall prevention
- fracture from fall
- head injury from fall
- injury from fall in nursing home
- nursing home negligence case
Many Suspicious Elder Deaths In Nursing Homes & Hospital Go Un-investigated
on April 24, 2012
[Photo Caption: A post-mortem investigation concluded that Joseph Shepter (above) died as a result of extreme neglect in a nursing home. (Photo Courtesy of the Shepter family)]
At first glance, nothing about William Neff’s death seemed unusual. The 83-year-old WWII veteran had spent his final days in an assisted living facility in Bucks County, Pa. When the inevitable occurred, and Neff succumbed to advanced-Alzheimer’s disease in September of 2000, the nursing home doctor simply noted that Neff “failed to thrive.”
Case closed; documents sealed.
Until a local funeral home director got a glimpse of Neff’s body.
“I’m no CSI expert, but I’ve been doing this for 25 years, and I’ve seen a lot of dead people,” said Jeffrey Thompson, in a recent article by NPR and Propublica.org. “He was all bruised up and purple, and his ribs were broken.”
Thompson’s grim discovery let to an autopsy, which revealed that a violent impact had shattered five of Neff’s ribs. The results of the autopsy spurred an 18-month criminal investigation, in which nursing home employee Heidi Tenzer was convicted of stomping on Neff’s chest. In 2003, Tenzer was sentenced with third-degree murder.
While William Neff’s case may be somewhat extreme, it’s certainly not unusual for coroners to miss signs of elder abuse. In fact, as many as 80 percent of deceased seniors never even receive an autopsy.
“We’re where child abuse was 30 years ago,” said Dr. Kathryn Locatell, a California-based geriatrician who specializes in diagnosing elder abuse. “I think it’s ageism - I think it boils down to that one word. We don’t value old people. We don’t want to think about ourselves getting old.”
According to the NPR article, chronic understaffing in coroner’s offices and medical examiner’s offices across the country mean fewer autopsies are being performed. Compounding the lack of staffing are funding shortages, an increase in the number of elderly deaths, and systems in most states where physicians can sign off on an autopsy without ever seeing a body.
“I’ve had instances where the physician just doesn’t understand the importance of what they’re writing down,” said Robert Anderson, chief of mortality statistics for the Centers for Disease Control and Prevention. “I’m appalled when I hear that.”
Proponents of more stringent autopsy procedures are calling for independent agencies to help review death certificates.
“If we want to ensure that all death certificates are accurate, there has to be a professional, independent review process,” said Dr. Richard Harruff, chief medical examiner for King County, WA.
Harruff recommends that all coroners check:- Stomachs for lack of food, which could indicate malnutrition
- Skin for decubitus ulcers, which often indicate abuse
Failing to Report Nursing Home Violence Results in Sanctions Against FacilityWill More Post-Mortem Investigations Help Reveal More Instances of Nursing Home Abuse?Autopsies May Help Families Determine if Their Loved One Was a Victim of Nursing Home Neglect Or Abuse- autopsy for nursing home patient
- decubitus ulcers
- elder abuse
- malnutrition
- nursing home abuse
- nursing home violence
Keeping Elderly Patients Mobile During Short Hospital Stays May Save Lives
on April 23, 2012
For many elderly people, a short trip to the hospital can bring about justifiably intense fears. A recent study in the medical journal Neurology found that more than half of elderly patients experience dramatic cognitive decline after short hospital stays. The study took a look at 1,870 people up to 12 years after their treatments.“Essentially, it’s as if people become 10 years older...than they actually were before a hospitalization,” said Dr. Robert Wilson, a lead author of the study. “We think that a hospital can...accelerate previously unidentified cognitive problems.”Elderly patients are also more susceptible to pneumonia, medication errors, infections during hospital stays. According to a recent article from Harvard Medical School, those who stay in bed for long periods of time rapidly lose muscle strength. Multiple sources say as many as two-thirds of patients age 70 and up emerge from hospital stays in worse shape than they arrived. Bob Landorf, a 74-year-old chemist from the Chicago suburbs, vowed not to become one of those patients.Throughout his recent three-day hospital stay, Landorf dragged his I.V. bag behind him as he followed footprint decals on hallway walls. Thanks to efforts from the Northwest Community Hospital hospital in Arlington Heights, Illinois, Landorf was able to stay on his feet throughout his visit. “We want to preserve (the patients’) independence,” said Dina Lipowich, Northwest’s head of nursing. “Gone are the days when we needed to stay in bed to get better.”Currently, fewer than 300 hospitals out of the nation’s 5,800 have “elder-care units” that cater specifically to older patients’ needs. Elder-care units include such amenities as carpeting, special lighting, and teams of specialists. They often encourage “active” daily routines that might involve reading the paper out of bed, or playing a musical instrument for visiting family members. Dr. Kenneth Covinsky, who was recently quoted in the New York Times’ “New Old Age Blog,” says families should take extra care when elderly loved ones return home from hospital stays.“Know that when your elderly parent is coming out of the hospital, this has the potential to be a very vulnerable period,” Dr. Covinsky said. “Whatever need your parent had prior to the hospitalization, there’s a good change they may change and that more support will be required.”Communication is Crucial Ingredient to Prevent Short-Term Nursing Home Admissions From Developing Into Long-Term Nightmares- bed sores during hospitalization
- Chicago
- decline during hospitalization
- elder care unit
- medication error in hospital
- Northwest Community Hospital
Nursing Home Injury Laws: Nevada
on April 22, 2012Number of nursing homes in Nevada: 50
Patients living in Nevada nursing homes: 4,761
Occupancy rates of Nevada nursing homes: 82.7%
Average number of deficiencies at eachNevada nursing home: 13.5
Percent of Nevada nursing homes with serious deficiencies for actual harm to patient: 28.0%
Most common deficiencies at Nevada nursing homes:Comprehensive Care Plans, Quality of Care, Food Sanitation
Distribution of ownership of Nevada nursing homes: 66% for profit, 16% non profit, 12% government
Most populated cities in Nevada: Las Vegas, Henderson, North Las Vegas, Reno, Paradise, Carson City
Staffing levels at Nevada nursing homes (daily hours):Above average, 3.8 total staff, 1.5 licensed nurseVisit Nursing Home Injury Laws to learn more about Nevada nursing homes and your legal right
**Data based upon 2009 CMS data, U.S. Department of Health and Human Service
Nursing Home Spotlight: Parkshore Estates Nursing & Rehab; Chicago, IL (Previously known as "Kenwood Healthcare Center")
on April 20, 2012One can only imagine the pain of a female resident at Parkshore Estates Nursing & Rehab as she repeatedly cried out “Jesus, have mercy,” on February 8, 2012 as two nurses brusquely changed pressure sore dressings on her heel. The pain became so overwhelming, according to a state Health Department survey, that the resident screamed as loud as she could and tried to pull back her foot.
“(The resident) exhibited facial grimacing,” said the survey, from February 10. “During the entire dressing change, neither (nurse) stopped the procedure to ask if the resident needed additional pain medication...nor asked the resident if she wanted them to stop to give her a break.”
A certain amount of pain is unavoidable during pressure sore care, since pressure sores are essentially open wounds. But the unwillingness of health care professionals to control the pain of a severely distressed patient violates federal law.
An analysis of seven complaint surveys dating back to December 2010 found a pattern of incompliance at Parkshore Estates. Along with neglecting to effectively manage patients’ pain, Parkshore Estates:- Failed to administer immunizations
- Failed to notify residents’ family members of significant changes
- Failed to intervene when a resident physically threatened another resident
- Mishandled money of deceased residents
- Used physical restraints when they were unnecessary
Ambassador Nursing & Rehab Center - Chicago, IL
Belhaven Nursing & Rehab Center - Chicago, IL
Central Nursing & Rehab Center - Chicago, IL
Continental Nursing & Rehab Center - Chicago, IL
Niles Nursing & Rehab Center - Niles, IL
Northlake Nursing & Rehab Center - Merrillville, IN
Southpoint Nursing & Rehab Center - Chicago, IL
West Suburban Nursing & Rehab Center - Chicago, IL
Sexual Assaults in Nursing Homes: Not Exactly a Pleasant Topic, But An Issue That Needs Attention
Pressure Sores Continue To Be a Vicious Sign of Neglect at Medical Facilities
Lawsuit Blames Nursing Home, Management Company & Staff Doctor for Patients’ Decubitus Ulcers- Illinois Department of Health nursing home survey
- Illinois nursing home
- Kenwood healthcare center
- Parkshore Estates Nursing & Rehab
Number of Preventable Hospital Deaths Remains a Mystery, Says Leading Medical Journal
on April 19, 2012
[Photo Caption: Up to 15,000 elderly people may be losing their lives each month due to preventable hospital errors.]
A recent article in the noted medical policy journal Health Affairs claims that the number of people who die as a result of hospital-acquired conditions is still unclear. While some government agencies say 90,000 people die a year, the number may very well be vastly higher.
“The extent of patient harm in primary care....remains almost a mystery,” said the article. “If patients’ lives count, it’s long past time to count, and counter, every type of preventable harm.”
Hospital deaths are a particularly cruel blow for those who bring elderly loved ones in for treatment. According to recent figures from the U.S. Department of Health & Human Services (HHS), up 15,000 Medicare recipients may be losing their lives every month due to preventable errors.
Common types of hospital errors include:- Medication Errors (Wrong medication, wrong dosage, failing to account for other medications that patient is taking
- Falls (Up to 10% of elderly hospital patients fall, sometimes related to medication errors or inattentive hospital staff)
- Central Line Infections
- Surgical Errors, including surgery performed on the wrong site or side of the body
According to Health Affairs, HHS is looking to reduce hospital deaths by 40 percent by the end of 2013, and plans on spending half a billion dollars on “safety improvement” contractors. So far, about 4,000 of the nation’s 5,000 acute-care hospitals have signed onto the HHS’s plan.
Hepatitis Blamed for the Death of Four Residents at Assisted Living Facility
Medical Errors, Such as Pressure Ulcers, Costing U.S. $20 Billion Per Year
Medical Facilities Can Reduce the Incidence of Infection by Taking Some Basic Precautionary Steps
Resources:
Centers for Disease Control (CDC) Information on Hospital-Acquired Infections- central line infection in hospital
- fall in hospital
- hospital errors
- preventable hospital death ,
- surgical error
Former Nursing Home Resident Becomes First Person With Expressive Aphasia To Testify in Court
on April 18, 2012
[Photo Caption: Nursing home worker Kofi Agana was found not guilty of sexual assault. (Photo Courtesy of the Metrowest Daily News)]
Even though Ruby McDonough didn’t win her nursing home abuse lawsuit, the 63-year-old aphasia sufferer emerged from a Framingham, Mass. courtroom victorious.
“What’s important is the message that [McDonough] sends to predators,” said McDonough’s lawyer, Wendy Murphy. “You may think you can pick on a woman like Ruby, a person with aphasia, but it’s no longer true.”
McDonough suffers from a particular from of aphasia called “expressive aphasia,” which severely limits speaking and writing abilities. McDonough can only express herself with two or three words, and was trying to prove that she was sexually abused at the Sudbury Pines Rehabilitation Center in 2009. McDonough claimed that a Ghanian worker named Kofi Agana had fondled her breasts and touched her between her legs.
According to the Metrowest Daily News, McDonough was able to point to Agana as her perpetrator, and was able to demonstrate on her own body where she’d been touched. Yet some of the answers she gave were conflicting, and she often had difficulty understanding questions. In the end, with what seemed like an air of regret, the judge ruled there wasn’t enough evidence to pin Agana as the assailant.
“The one thing we have to accommodate is the burden of proof,” said Judge Robert Greco. “Something happened in that nursing home, but I don’t know what happened, where it happened, or who exactly did it...Something unfair may have happened to (McDonough), but life can be unfair sometimes. I can’t find a finding of anything other than not guilty.”
Despite the ruling, the federal Immigration and Customs Enforcement has ordered Agana deported back to Ghana.
Resources:
Mentally Disabled Patients Are Easy Targets for Abuse in Institutional Settings January 21, 2010 Nursing Homes Abuse Blog
‘Aphasia’ Educates on Communication Disorder September 25, 2011 ABC News Chicago
Learning to Speak All Over Again January 11, 2009 CBS Evening News- aphasia ,
- fondling of nursing home patient by worker ,
- Mass nursing home ,
- nursing home abuse lawsuit ,
- sexual abuse of nursing home patient ,
- Sudbury Pines Rehabilitation Center
Copyright © 2012, Jonathan Rosenfeld. All Rights Reserved.
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10 Nov ' 10:08
How Much Money Does Manor Care Really Make?
on November 10, 2011
We’ve had a lot of discussion regarding the sizable nursing home negligence verdict in West Virginia against Heartland of Charleston and the parent company HCR Manor Care. If you haven’t heard about this landmark nursing home verdict, jurors awarded $91.5 million to the family of a patient at the facility who died shortly after her admission to the facility from complications related to dehydration and pressure sores.After unsuccessfully arguing that the verdict should be reduced based upon West Virginia’s caps on non-economic damages in medical malpractice cases, lawyers for the nursing home behemoth have now taken a position that a judge should substantially reduce the verdict or order a new trial based upon errors made during the course of the original trial.
In particular, lawyers for Manor Care claim that the company is a far less profitable organization than was alleged at trial by lawyers representing the patient’s family when seeking punitive damages.
Unlike compensatory damages that are intended to compensate an individual or grieving family for their loss, punitive damages are literally intended to punish the company for its conduct. In order assure that a reasonable punishment is imposed, most jurisdictions allow the jury to take into account the companies profitability—so theoretically, an commensurately appropriate punishment could be imposed against a mega corporation or small business.
In the Manor Care trial, lawyers claim that the $4 billion that the company was alleged to have pocketed in annual profits was merely its gross revenue and the real income was approximately $75 million.
While the actual amount of the Manor Care’s profits may appear to be an inconsequential mathematical exercise, the issue does highlight the complexity of many nursing home operations and the difficulty in understanding the financial structure behind many facilities.
Nursing home operators routinely have multiple derivative companies that may be responsible for the operation of the facility, the real estate that the facility sits on and staffing at the facility. While the entities may look to be independent, a closer examination can typically reveal that they are essentially the same with individuals holding positions at the allegedly separate companies.
Albeit on a massive level, the real profitability of Manor Care’s operations should be examined by a forensic accountant to determine the path of funds that the company pulls in and where the money goes. Given the large discrepancy between the alleged profits in this matter, I suspect that there is a lot more to this situation than is readily apparent.
Related:
Nursing home's earnings misrepresented during trial, lawyers argue, WVgazette.com November 6, 2011
$5 Million In Punitive Damages Awarded To Widow In Bed Sore Case Against Nursing Home & Hospital
New York Jury Punishes Nursing Home Where Man Develops More Than 20 Bed Sores
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09 Nov ' 08:55
Study Suggests That Surgery Has Limited Use On Nursing Home Patients
on November 09, 2011
Perhaps nursing home patients are more frail and vulnerable than we already thought? A recent study published in the Annals of Surgery essentially concluded that nursing home patients are significantly more vulnerable to complications following a surgery than their peers living in the community. The study looked at sample groups of both nursing home patients and elderly people living in the community and the differences between the two groups are striking. For example when researchers looked at surgical procedures, they discovered:
- Nursing home patients were six times more likely to die within a month following the removal of their appendix
- Surgery for bleeding ulcers claimed the lives of 42% of nursing home patients, while the same procedure only claimed 26% of the lives of patients living in the community
- Colon surgery death rates were more than 50% higher for nursing home patients compared with their peers, claiming 32% of nursing home patient lives vs. 13% of their community peers.
In addition to significantly higher mortality rates, researchers similarly found that nursing home patients had more post-operative complications and required more rehabilitative treatment than similarly situated people living outside of skilled nursing facilities. According to Dr. Emily Finlayson, the studies lead researcher, "[p]atients who survived had to undergo invasive procedures after surgery which means more time on the ventilators, more people getting feeding tubes and more time in the ICU."
Certainly, this study demonstrates both the extreme vulnerability of the nursing home population in general and how many seemingly common ailments may need to be addressed differently by the medical community when treating this group. Similarly, treating physicians need to be realistic about treatment option with the families of nursing home patients as their prognosis may be far more grim than that of other patients with similar procedures.
Related:
States Move To More Transparency Regarding Medical Malpractice & Hospital Errors
Nursing home residents face greater surgery risks, November 4, 2011 Reuters.com
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08 Nov ' 09:26
Staff Need To Protect Disabled Nursing Home Patients As They Transport Them In Wheelchairs
on November 08, 2011
No one seems to give much thought to transporting a nursing home patient in a wheelchair throughout the facility or outside on the facilities grounds. Just push the patient in the chair to where they need to go? Right?Well, like most tasks, there really is quite a bit more to it than is originally apparent. In order for patients to be safely transported in wheelchairs staff need to take precautions to make sure that the patient arrives where they need to be in a safe manner.
Though not a well-publicized topic, injuries resulting from faulty wheelchairs and staff negligence in pushing the wheelchairs, are responsible for a steady stream of needless injuries to especially vulnerable people. Just recently, I read about a patient at a Minnesota nursing home who broke three toes when a staff member sloppily pushed the wheelchair and knocked her foot into a wall.
While the incident itself may seem like not much of a deal, the fact that that patient was forced to live with a broken bone due to the inattention of a staff member pushing their wheelchair is inexcusable. At facilities where patients are regularly transported via wheelchairs, the facility needs to train staff on the basics of wheelchair use including:
- Securing immobile or spastic patients
- Transferring patients into and out of the wheelchair
- Use of wheel locks
- Wheelchair lifts between floors and on vans
- Loading patients into elevators
- Use of braces and other propping devices for patients who may already have an injury
- Parking patients in level areas and away from ramps and stairways
As an injury lawyer, who has represented people who have suffered a variety of wheelchair related injuries, I frequently find little attention paid by facilities or staff to this essential--- albeit somewhat mundane task. As more disabled patients begin to demand to live full and active lives--- not just in the confines of their room--- facilities need to make sure that their facilities and staff are equipped to safely care for patients in wheelchairs.
Related Nursing Homes Abuse Blog Entries:
Investigation Into Nursing Home Resident's Death In Van Accident Begins
Another Example Of Nursing Home Negligence: Disabled Patient Falls Down Unsecured Stairway
Nursing Home Aide Fired After She Forgets To Secure Paralyzed Patient In Wheelchair
Medical Facilities Must Use Wheel-Locks & Supervision To Protect Patients In Wheelchairs
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