According to ABC News, an employee at the home negligently gave the patient, who suffered from Alzheimer’s, another resident’s medicine on June 1, 2009. The medication mistake caused the patient’s blood pressure to seriously drop, and after being rushed to the hospital, the woman died six days later while in intensive care.
The article claims that this same medical mistake has happened at the facility twice before, with two different patients, from May 27 to June 23, 2009. The two residents reportedly survived, but the nursing home was held responsible by the state for nursing home neglect, and their procedures were audited.
As a result of the nursing home negligence, the employee who made the medical mistake was reportedly reprimanded and re-trained, but no longer works at the nursing home.
]]> According to Joel Beiswenger, the CEO of the nursing home, the current residents and their families need not worry about the health and safety of the residents. He verified in the article that the home’s systems are working as they should, and that the staff is fully trained.The family of the resident who received the medication mistake is reportedly still working on a settlement with Fair Oaks Lodges. The Minnesota Department of Health claims that the nursing home is in compliance with all federal and state laws.
If a resident in a Maryland or Washington D.C. area nursing home becomes injured or dies because the nursing home failed to protect the health and safety of the resident, the facility could be held liable for nursing home negligence or wrongful death. Our attorneys at Lebowitz and Mzhen, LLC represent victims and their families that wish to recover personal injury compensation from nursing home negligence and harm. Contact us today.
Nursing Home Responds to Wrongful Medication Death, ABC News, March 8, 2010
Related Web Resources:
]]>According to the lawsuit, Sophie Schwartz, a resident at Oakdale Heights facility who has dementia, was sexually assaulted by Jose Vazquez in her room on December 16, 2007. Vazquez was a dietary aid working at the facility, and was hired by Oakdale Heights Management Corporation, although he was allegedly an illegal immigrant.
The jury ruled that the corporation falsified certain documents relating to employment when hiring Vazquez, and also violated many California state laws that govern the quality of care for dementia residents in nursing homes that can lead to resident neglect, poor supervision, negligent in hiring practices and understaffing.
Vazquez allegedly had keys that gave him access to all of the resident’s room. According to the suit, his background check was not valid before being hired, and he had no training on how to deal with residents who were elderly. Vazquez was admittedly drunk at the time, and he claimed that he and other workers often drank on the job.
]]> Vazquez was convicted for attempted rape and is serving a sentence in prison for eight years.The jury awarded Schwartz with $12.5 million-- $6.5 million in punitive damages, and $6 million in general damages—reportedly one of the largest verdicts ever awarded for emotional trauma without any evidence of personal or physical injury.
Our attorneys at Lebowitz and Mzhen, LLC support the rights for Maryland and Washington D.C. residents to receive excellent care in a nursing home environment that improves and maintains the quality of a resident’s mental and physical health, and is free from abuse or sexual assault that could result in injury or wrongful death. Contact us today.
Jury Awards Record Damages to 94-Year Old Woman in Sexual Assault Elder Abuse Case, PR Newswire, March 4, 2010
Elderly Sexual Assault Victim Gets $12.5M in Suit, CBS2.com, March 4, 2010
Related Web Resources:
]]>In the lawsuit, the family members of Ralph Seewald claimed that both Riverside Health Care Center and Village Health Care Center failed to provide proper care for the late-87-year old resident during his stay at the homes before his death in November 2005.
According to the suit, Seewald entered the Riverside Health Care Center in December 2004, with slight symptoms of dementia, and the plan for his care required two nursing home attendants to use a safety gain belt to assist him with all lifting and transfers to and from the wheelchair. Seewald was reportedly often transferred from the wheelchair by only one attendant with no gain belt, which reportedly lead to numerous falls.
Seewald allegedly suffered a fall while being transferred by only one attendant without a gain belt, from his wheelchair to the toilet on May 23, 2005, and broke his neck—leaving him bound to his bed. While immobile and bedridden, he developed serious decubitus ulcers, or pressure sores, that progressed rapidly during a few months, and led to a case of gangrene in his leg that allegedly caused his wrongful death.
]]> The lawsuit charged that both the accident while transferring Seewald from his wheelchair and the inadequate treatment of his bedsores were caused by nursing home negligence, and that Seewald should have been provided with the quality of care that he was legally entitled to as a resident of the home.The lawsuit also alleged that Seewald’s family was never alerted about the bedsores and Seewald’s deteriorating health condition, and that the nursing home covered up the pressure sores from the family members who were making the decisions for him at the time. After Seewald was admitted to the hospital to have a neck operation, the doctors discovered that the bedsores had progressed to such an advanced state that had developed a blood infection, gangrene, and that he would require a leg amputation. He was admitted to a hospice and reportedly died less than a month later.
After the death of Seewald, a nurse at Village Health Care Center confessed that she was told to take the man’s medical records and fix them to make his level of care look more consistent that it was, especially regarding the changing of the dressings on the pressure sores.
The family sought relief for negligence, medical malpractice, wrongful death, deceit, fraud, and others. The family also sought compensation through the suit for suffering and pain, grief, medical and funeral expenses, mental anguish, emotional distress, loss of companionship and other damages, as well as punitive damages.
If a Maryland nursing home resident becomes injured or dies because the nursing home neglected to protect the health and safety of the resident, the nursing home could be held liable for Maryland nursing home negligence or wrongful death. Our attorneys at Lebowitz and Mzhen, LLC represent victims and their families who wish to recover personal injury compensation from nursing home negligence and harm. Contact us today.
Nursing Homes, Family Settle Wrongful Death Suit, Great Falls Tribune, March 1, 2010
Family Settles Suit Against Nursing Homes, Billing Gazette, February 28, 2010
Quality of Care at Issue in Case, Billings Gazette, February 20, 2010
Related Web Resources:
National Institutes of Health, (NIH): Medline Plus: Pressure Ulcer Research
The AGS Foundation for Health and Aging: Pressure Sores
National Institutes of Health, (NIH): Medline Plus: Osteomyelitis
NCHS Data Brief: Pressure Ulcers Among Nursing Home Residents: United States 2004
]]>According to a recent news article, the North Carolina State Bureau of Investigation (SBI) and the Attorney General’s Medicaid Investigations Unit have launched a criminal investigation of the nursing home to determine if the patients were being over-medicated, abused or neglected, or being subjected to chemical restraint.
The investigation began after three Alzheimer’s patients from the nursing home were taken to local hospitals after nursing home staff claimed the patients were acting in an unusual manner. The hospital officials contacted the police, and the state Department of Health and Human Services, and officials from Britthaven after their blood tests showed strong drugs in their system that were not prescribed to them as patients.
The nursing home officials then reportedly tested all of the nearly 25 residents in the Alzheimer’s unit for drugs. Six of these patients tested positively for opiates, the drugs often used for pain management. Three of the patients were subsequently hospitalized, one of which died two days later.
]]> The SBI will investigate the possibility of nursing home abuse and neglect and chemical restraint—serious concerns at nursing homes with Alzheimer’s or dementia patients.In a recent blog, our attorneys discussed reports that elderly residents in nursing homes with Alzheimer's or dementia are often being given strong psychotropic drugs—leaving them with dangerous side effects like severe lethargy, tremors, and a high risk for falls or wrongful death. Nursing home violations involving drugs reportedly include unnecessary drugging, chemical restraint, dosages exceeding safety standards, and cases where dosages led to injury from nursing home resident falls.
Britthaven of Chapel Hill is reportedly taking the necessary precautions to ensure that residents remain healthy and safe at the home, and the Alzheimer’s unit is being carefully monitored. The nursing home staff members were reportedly all tested for drugs.
At Lebowitz & Mzhen, LLC, we represent nursing home and assisted living abuse and neglect victims and their families who wish to recover personal injury compensation from a facility that has caused harm and suffering to an elderly or sick person during their stay. Contact us today.
State Launches Criminal Probe of Chapel Hill Nursing Home, WRAL News, February 19. 2010
Compromised Care: Psychotropic Drugs Given to Nursing Home Patients Without Cause, Chicago Tribune, October 27, 2009
FDA Warns Antipsychotic Drugs May Be Risky For Elderly, The Journal of the American Medical Association, May 25, 2005
Related Web Resources:
]]>In related nursing home negligence news, an Illinois family is suing Maryville Manor’s nursing home for negligence and the wrongful death of Jewel Lane, a resident of the home. In the suit they allege that the nursing home allowed Lane to escape—an act that reportedly lead to his death.
According to the suit, Lane was admitted to the nursing home on March 24, and suffered a nursing home fall days later on April 1. The suit alleges that one week later, Lane was allowed to leave the nursing home premises, and died shortly after from pulmonary arrest, hypothermia, and exposure to the outside elements. The home is being accused of negligence for failing to supervise Lane properly, failure to properly secure the exits and windows to prevent wandering residents, failure to protect Lane from harming himself, and failing to house Lane in a room that would prevent him from leaving the premises unnoticed.
The Lanes seek a judgment of more than $200,000 as well as fees and costs for the attorneys, and funeral and medical costs. Lane’s wife and daughter claim that because of his death, they have lost his financial support, companionship, and affection.
Nursing Home Allowed Resident to Escape; Wrongful Death Complaint Filed, Madison Record, February 24, 2010
Related Web Resources:
Centers for Disease Control and Prevention: (CDC), Falls in Nursing Homes
]]>According to the suit, Juan Riostirado, a resident of Glenbridge Nursing and Rehabilitation Center in Illinois, fell in his room and injured his hand on December 7, 2008. Although Riostirado was reported to have a high risk for such falls, there were no notes recording the fall or the personal injury in his paperwork until December 19, 2008.
The suit alleges that the only record of the injury was on December 19th, 2008, when a nurse wrote that Riostirado’s right ring finger was swollen, and that the finger should be monitored for five days. There were no more notes entered between December 19th and December 16th, 2008.
Riostirado was reportedly experiencing severe pain and swelling of his right ring finger on January 4, 2009, and according to the suit was diagnosed with gangrene of the finger the next day. Five days later, Riostirado was sent into surgery to have his finger amputated from complications due to gangrene.
The lawsuit claims that the nursing home is responsible for keeping its residents safe from nursing home falls, and should have treated and cared for Riostirado’s personal injury before it resulted in amputation. The suit is seeking over $50,000 in damages.
If you are worried that a friend or loved one staying at a nursing home in Maryland or the Washington D.C. area is suffering from nursing home falls due to negligence, contact our attorneys at Lebowitz and Mzhen, LLC for a free consultation. Call us at 1-800-654-1949.
Man Sues Nursing Home After Losing Finger, Niles Herald-Spectator, February 16, 2010
Related Web Resources:
Centers for Disease Control and Prevention: (CDC), Falls in Nursing Homes
According to the article, the Hebrew Home, a prominent nursing home in New York, has been awarded a special legislation by New York State to try a new healthcare project, as part of the Managed Long-Term Care of the state.
The goal of the Hebrew Home’s CEO, Dan Reingold is to work with cutting edge technology companies and government officials in Israel to utilize innovative technologies, to find ways to maintain the health and safety of the residents, provide quality care, reduce nursing home falls with frail patients or patients experiencing dementia, and at the same time, cut nursing home costs. Reingold claims that the medical technology in Israel is far more advanced than technologies in the United States.
Some of the new technologies that are being developed focus on monitoring patients with devices that can keep track of how much time a person spends in bed, as well as monitoring patients who have a tendency to wander, and are at risk for falls or nursing home injury.
]]> Reingold predicts that 24-hour care at home can cost around $8,000 a month to maintain, whereas a home that would be entirely equipped with technology where around-the-clock, at-home-care is not needed, would cost around $10,000 to install, with only a minimal cost to maintain.If you are worried that a friend or loved one staying at a nursing home in Maryland or the Washington D.C. area is suffering from nursing home falls due to wandering and nursing home negligence, contact our attorneys at Lebowitz and Mzhen, LLC for a free consultation. Call us at 1-800-654-1949.
NY Nursing Home Head Hopes to Utilize Israeli Health Tech, The Jerusalem Post, February 17, 2010
Related Web Resources:
Centers for Disease Control and Prevention: (CDC), Falls in Nursing Homes
]]>According to the suit, Judge John Phillips, otherwise known as the “Kung Fu judge” for making martial arts moves in court during his 17 years as a Civil Court judge, the Prospect Park Residence allegedly neglected to give Phillips meals that adhered to his diabetic restrictions, and often missed giving him his necessary insulin shots.
Phillips was a resident in the Prospect Park Residence for eight months, until his death at the age of 83, after collapsing in an elevator of the home. His family claim that his wrongful death resulted from nursing home negligence.
According to the family of Phillips, he was a health fanatic, with a 10th-degree black belt in martial arts, who never drank alcohol or smoked cigarettes. He reportedly went to bed every night at eight o'clock in the evening.
]]> His nephew, Rev. Samuel Boykin, claimed that after he moved into the nursing home, his health deteriorated rapidly, and his family was worried that his life was in danger due to the negligence of the home.Boykin lives in Ohio, and pleaded with the court guardianship to let Phillips be moved into his home, after the court-appointed guardians lost all of Phillips’ assets and neglected to properly care for him. His request was turned down. Boykin claimed that the very justice system that he Phillips served ultimately let him down. His family and friends claim that by not controlling his diabetes, the nursing home made life-threatening mistakes that ultimately killed him.
Our attorneys at Lebowitz and Mzhen, LLC represent victims and their families in Maryland and the Washington D.C. area that wish to recover personal injury compensation from a nursing home who unlawfully neglected or caused harm to an elderly or sick person during their stay at the home. Contact us today for a free consultation.
Family of ‘Kung Fu judge’ John Phillips Sues Nursing Home Over Death, Allege Missed Insulin Shots, New York Daily News, February 11, 2010
Related Web Resources:
National Center on Elder Abuse
According to the Star Tribune, the four former nursing assistants are facing criminal charges for the alleged nursing home abuse of up to fifteen Alzheimer’s and dementia patients in 2008. This lawsuit comes in addition to criminal charges that have already been filed in the case in Freeborn County Court. The incidents reportedly surfaced in May of 2008, and became public after the release of a report from the Minnesota Department of Health that concluded that the four nursing aides who were teenagers at the time were involved in nursing home abuse and neglect.
The former nursing aides, Ashton Larson and Brianna Broitzman, Alicia Heilmann and Kaylee Nash are being accused of abusing residents, by entering their rooms and locking the doors in order to sexually grope and poke at the breasts, genitals and rectums of the residents, spit in residents’ mouths, and simulate sexual activity with residents, among other charges. The suit also accuses the former nursing assistants of video taping the sexual acts and battery and laughing while the frail and vulnerable adults are screaming from the abuse. Broitzman and Larson are scheduled for trial later this year on a total of 21 criminal charges.
In the lawsuit, the nurses are being accused of civil assault and battery, causing emotional distress, and failure to report the unlawful treatment of the residents. Good Samaritan is being accused of failing to protect the elderly residents from abuse and negligence in management and supervision of the nursing aides. The suit states that Good Samaritan owed a duty to the residents to protect them from abuse and neglect, to ensure that the nursing staff were properly supervised and train to care for the needs of vulnerable adults and residents in the nursing home.
]]> Under the Nursing Home Reform Act of 1987, all residents living in nursing homes are entitled to receive quality care and attention in an environment that improves and maintains the quality of their mental and physical health. It is a violation of State and Federal law for any person including nursing staff, visitors, family members or guardians to neglect or abuse a resident. Nursing homes are required by federal law to perform regular monitoring and intervention strategies to maintain the protection of residents and prevent neglect and abuse. Violation of these laws may prompt families to stand up for resident’s rights, and file abuse and negligent lawsuits against nursing home facilities.At Lebowitz & Mzhen, LLC, we represent nursing home and neglect victims and their families in Maryland and the Washington D.C. area who wish to recover personal injury compensation from a facility that has caused harm and suffering to an elderly or sick person during their stay. Contact us today.
Albert Lea Nursing Home, Aides Face Abuse Lawsuit, Star Tribune, January 25, 2010
Lawsuit Filed Against Nursing Home & Former Aides, KIMT.com, January 26, 2010
Lawsuit Filed Against Good Sam, Albert Lea Tribune, January 26, 2010
Lawsuit Filed in Albert Lea Nursing Home Abuse, Fox9.com, January 26, 2010
Related Web Resources:
]]>According to the lawsuit, Adriana Neagoe fainted in front of her church and was diagnosed with a brain tumor. After surgery to treat the tumor left her body paralyzed with the ability to only move one arm, her family decided on Midway Nursing Home in Queens, New York for her care.
In the spring of 2008, Neagoe’s family was told that she had fallen from her bed, a bed that is protected by guardrails. Her family claims in the suit that she couldn’t have fallen, as she was paralyzed. The resident needed constant care—to be lifted up for bathing, and so the sheets could be changed.
Neagoe reportedly told her family that they dropped her on her head, from five feet up in the air. After she experienced the second nursing home fall, she was rushed to the hospital, where she died six days later from severe head injuries. Her family claims her death was caused from complications of these falls, due to nursing home negligence.
]]> The New York State Health Department reportedly showed that in recent years, Midway Nursing Home has a record of 43.5 incidents and nursing home complaints for every 100 beds. This amount doubles the statewide average of complaints, at 24.4. Both nursing home falls were not reported to the State Department of Health, and the nursing home is currently under investigation.The nursing home sent the family a final bill for $51,749 after her Neagoe's death. The family claims that the nursing home’s negligence killed Neagoe, and they are suing for a reversal of the final bill, and for punitive damages.
According to the Centers for Disease Control and Prevention, nearly 1,800 people living in nursing homes die in this country each year from falls.
If you suspect that a friend or loved one in a Maryland or Washington D.C. nursing facility has experienced nursing home negligence, injury, or wrongful death due to a nursing home fall, contact the attorneys at Lebowitz and Mzhen, LLC for a free consultation, so we can help you receive the compensation that you deserve.
Nursing Home Mystery: What Killed Adriana Neagoe?, NBC New York, January 21, 2010
Midway Nursing Home Subject of State Investigation, Queens Ledger, January 26, 2010
Related Web Resources:
Centers for Disease Control and Prevention: (CDC), Falls in Nursing Homes
]]>In 1987, Congress passed landmark laws protecting patients from unnecessary drugs, and, according to these regulations, nursing home residents have the right to be protected from chemical restraints and medication for the sake of convenience or discipline to nursing home staff or doctors. It is illegal for facilities to give strong psychotropic drugs to patients without a doctor’s orders, patient’s consent and treatment justification, as patients may experience dangerous side effects like tremors, severe lethargy, nursing home falls, and wrongful death.
The Department of Health and Human Services states that nursing homes are required to have an outside pharmacist consult and review a patient’s medication schedule at least once a month. Once the outside pharmacist checks with the patient, they are obligated to report any oddities in the prescription drug schedule with the physician, and are able to make recommendations on how they would alter the medicine plan. But according to the complaint by the government, Johnson & Johnson used the consultant pharmacists as a tool to increase market share—dissolving the trust and integrity that should be a cornerstone for the health and safety of nursing home residents.
The New York Times reported this is not the first time that a drug company has been charged for using antipsychotic prescriptions to drug elderly residents. Eli Lilly pleaded guilty to a misdemeanor last January in a nearly $1.5 billion settlement of criminal and civil charges that the pharmaceutical company had marketed Zyprexa, the antipsychotic drug for the treatment of dementia with elderly people. Omnicare and Johnson & Johnson were reportedly trying to compete against AstraZenica’s antipsychotics, by increasing market share for Risperdal.
]]> This case adds to a series of claims initiated by the government—Omnicare reached a $98 million settlement in November that resolved Onmicare’s civil liability under the False Claims Act for taking Johnson & Johnson kickbacks. A Florida drugmaker also agreed to pay $14 million, and two nursing home chains face claims by the government for reportedly taking financial kickbacks from Omnicare in return for pharmacy contracts.Our Maryland Nursing Home and Negligence Attorneys represent victims and their families who wish to recover compensation from a facility that has caused nursing home abuseor injury during their stay. Contact Lebowitz and Mzhen, LLC today.
U.S. Says Johnson & Johnson Paid Kickbacks to Omnicare, The New York Times, January 15, 2010
Justice Suit Accuses Johnson & Johnson of Paying Kickbacks, The Washington Post, January 16, 2010
United States Files Suit Against Drug Manufacturer Johnson & Johnson for Paying Kickbacks to Nation’s Largest Nursing Home Pharmacy, Press Release from The United States Attorney’s Office, District of Massachusetts, January 15, 2010
Johnson & Johnson Accused of Paying Kickbacks to Pharmacy Chain Omnicare, The Star-Ledger, January 15, 2010
Has Johnson & Johnson’s Reputation Been Damaged?, The Street, January 21, 2010
Johnson & Johnson Fights Charges of Recalls and Kickbacks, Daily Finance, January 19, 2010
Related Web Resources:
]]>Last week, the U.S. Justice Department filed a civil False Claims Act complaint against the drug giant Johnson & Johnson, for allegedly paying millions of dollars in kickback payments to a pharmacy company, in order to boost sales of antipsychotic prescription drugs for nursing home patients—drugs that can be used as chemical restraints with residents, that patients may or may not need.
The complaint alleges that from 1999—2004, pharmacists from Omnicare, the nation’s largest pharmacy, worked intensively to persuade physicians to prescribe Johnson & Johnson drugs in nursing homes, including the antipsychotic drug Risperdal, in exchange for kickback payments. The kickbacks were reportedly delivered to Omnicare in the form of rebates, grants, or educational funding.
Johnson & Johnson reportedly turned to Omnicare to increase the building of market share, knowing that physicians accepted advice on drugs from Omnicare pharmacists more than 80% of the time, and they were seen as an extension of the Johnson & Johnson workforce. The nursing home residents allegedly included people suffering from Alzheimer’s disease and dementia.
]]> During this period, the annual purchase of Johnson & Johnson drugs increased from $100 million to more than $280 million. Annual purchases of Risperdal, the antipsychotic drug, were over $100 million during the same period.Risperdal is approved by Food and Drug Administration (FDA) to treat schizophrenia and bipolar disorder, but is not specifically approved to treat behavioral problems with dementia in elderly people. In 2005, the FDA mandated that the Risperdal label have a “black box” warning with the increased chances of death among elderly residents with dementia-related psychosis, compared with those taking a placebo. Omnicare allegedly engaged in a “Risperdal Initiative” to persuade physicians to prescribe Risperdal specifically for patients with dementia.
The Johnson & Johnson kickback payments reportedly violated the federal anti-kickback statute, and led Omnicare to submit false and fraudulent claims to Medicaid.
Tony West, Assistant Attorney General for The Justice Department’s Civil Division stated that kickbacks cause a distortion of the health care professional’s judgment—where profit is put in front of the best possible medical treatment for the nursing home resident. When manufacturers promote their drugs for profit, instead of focusing on the best care for the resident, the elderly and the poor are taken advantage of, and can suffer nursing home abuse or injury.
Johnson & Johnson defended its practices, and claimed that the company looks forward to their presentation of evidence in court.
The claims against the medical giant were allegedly reported by whistleblowers, including a former financial analyst for Omnicare.
U.S. Says Johnson & Johnson Paid Kickbacks to Omnicare, The New York Times, January 15, 2010
Justice Suit Accuses Johnson & Johnson of Paying Kickbacks, The Washington Post, January 16, 2010
United States Files Suit Against Drug Manufacturer Johnson & Johnson for Paying Kickbacks to Nation’s Largest Nursing Home Pharmacy, Press Release from The United States Attorney’s Office, District of Massachusetts, January 15, 2010
Johnson & Johnson Accused of Paying Kickbacks to Pharmacy Chain Omnicare, The Star-Ledger, January 15, 2010
Has Johnson & Johnson’s Reputation Been Damaged?, The Street, January 21, 2010
Johnson & Johnson Fights Charges of Recalls and Kickbacks, Daily Finance, January 19, 2010
Related Web Resources:
]]>Hecht is reportedly reintroducing Vera’s Law, HB557—Video Monitoring Legislation, a longtime bill she has worked on, to allow elderly residents to have video monitoring in their rooms for protection against nursing home abuse, negligence and violence.
Delegate Hecht originally introduced the bill after she witnessed her grandmother experience nursing home abuse by a nurse’s aid while residing in a home, over ten years ago. Vera’s Law is named after her Grandmother.
Hecht also reintroduced this legislative proposal in 2009—to give assisted nursing home and assisted living facility residents and their families the right to install video cameras or monitoring devices in the resident’s room, with consent of the roommate. The bill from 2009 did not require that the monitoring was paid for by the facility—the cost would be covered by the resident or resident’s family, as would the mounting device for the camera.
]]> According to Hecht’s website, more and more nursing home and assisted living residents are requesting electronic monitoring to protect themselves from possible nursing home abuse and neglect, but these requests to install electronic monitoring in their rooms are being denied.At Lebowitz and Mzhen, LLC, we support the rights for Maryland residents to experience quality care that is free from abuse and neglect—that can result in personal injury, trauma, or wrongful death. Under the Nursing Home Reform Act of 1987, nursing home and long-term care residents are entitled to receive a quality of care that improves and maintains their physical and mental health. Contact our Maryland Nursing Home Abuse and Neglect Attorneys today.
Maryland Lawmakers Plan to Focus on Budget, Economy in Upcoming Session, Frederick News Post.com, January 10, 2010
Video Monitoring Legislation (Vera’s Law, 2009 HB 557), Hecht Yes News, March 31, 2009
Web Related Resources:
National Consumer Voice For Quality Long-Term Care, (NCCNHR)
National Center on Elder Abuse, (NCEA)
Maryland Department of Aging, (MDOA)
]]>According to the lawsuit, Edwin Ley developed multiple pressure sores or decubitus ulcers while staying in Collinsville Rehabilitation and Health Care, that developed on his buttocks, feet, elbows and coccyx. Ley reportedly died from the complications of these sores and from severe malnourishment and neglect while being a patient at the center from December 4, 2007 through January 23, 2008.
When a nursing home resident rests for too long in one position without shifting weight, the resident’s blood supply to the skin is cut off, due to unrelieved pressure. The skin then begins to breaks down, and causes decubitus ulcers to form.
The suit was filed by Dorothy Ley, special administrator for Ley’s estate, and she states in the complaint that Ley’s condition deteriorated to such an extreme state that he was sent to the emergency room and diagnosed with dehydration and pressure ulcers. Edwin Ley died on June 10, 2008 from his condition, and according to the suit, in the months before his death, he suffered pain, disability, medical costs, and disfigurement.
]]> Dorothy Ley accused the staff at Collinsville Rehabilitation of nursing home neglect—for failure to provide adequate staffing, failure to properly train employees on how to treat and prevent bedsores, and for failure to identify that Edwin was at-risk for potential skin breakdown and the development of decubitus ulcers. She is seeking a judgment of over $50,000 as well as attorney’s costs and fees.In a related blog, our nursing home negligence lawyers discussed the risk of pressure sores, how to detect them, treat them, and prevent them from developing in the future.
If a nursing home fails to protect residents from developing pressure ulcers that can result in injury or death, the nursing home could be held liable for nursing home negligence or wrongful death. Our Maryland-based attorneys at Lebowitz and Mzhen, LLC represent victims and their families in Maryland and the Washington D.C. area who wish to recover personal injury compensation from nursing home negligence and harm. Contact us today.
Collinsville Rehab Named in Malpractice Complaint, Madison/St. Clair Record, December 29, 2009
Related Web Resources:
NCHS Data Brief: Pressure Ulcers Among Nursing Home Residents: United States 2004
]]>Lamb, a former employee of Madison Manor, otherwise known as Richmond Health and Rehabilitation Complex, was indicted in a grand jury trial in April, after being filmed on a hidden camera abusing Armeda Thomas, an Alzheimer’s patient and resident of the Kentucky home.
The family of Thomas suspected that Armeda was experiencing nursing home abuse, and they planted a hidden surveillance camera to film her treatment in August of 2008. The camera caught incidents of abuse and neglect on tape by several of the nursing home staff members.
In the indictment, Lamb was accused of reckless nursing home abuse and neglect of an adult, and charged her with holding Thomas up by her neck and raising her legs to a height that caused personal injury and pain when she changed her adult diapers for incontinence.
]]> The state attorney general’s office prosecuted the case, and the plea agreement called for Lamb to receive a 12 month sentence in jail. This sentence would be reportedly diverted for two years, provided that Lamb perform 50 hours of community service, not commit any other criminal violations, be drug-free, and cooperate with all other investigations of Madison Manor, as the nursing home abuse investigation is still ongoing. As part of the community service sentence, Lamb is not eligible to work with children, adults who are vulnerable, or any program that involves funding from Medicare or Medicaid.Jaclyn Dawn Vanwinkle, one of the other former employees, received a similar sentence after pleading guilty to misdemeanor charges. VanWinkle was later also indicted on rape and sodomy charges, and was accused of having sex with a 15-year old boy. The third defendant in the Madison Manor abuse case is Amanda Sallee, who was accused of neglecting and abusing Thomas by withholding food from her for five days, and eating the meals herself.
According to the Richmond Register, wanton nursing home abuse and neglect of an adult is a Class D felony, and if convicted, the defendant could receive up to five years in prison. Reckless nursing home abuse or neglect is reportedly a Class A misdemeanor, which is punishable by up to a year in jail.
If you suspect that a resident or loved one in a nursing facility is being neglected or abused in the Maryland or Washington D.C. area, chances are that other residents are also being treated poorly and suffering. You should speak with an experienced nursing home abuse and negligence attorney who can advise you on what actions to take. Contact Lebowitz and Mzhen, LLC today, for a free consultation.
Lamb Pleads Guilty to Nursing Home Abuse, Gets Diversion, The Richmond Register, January 12, 2010
Madison Nurse’s Aide Pleads Guilty to Abuse, Lexington Herald-Leader, January 12, 2010
Related Web Resources:
National Center on Elder Abuse, (NCEA)
]]>