Maryland Nursing Home Lawyer Blog

A fourth nursing home abuse and negligence lawsuit has been filed this week against the owners of a Kentucky nursing home complex, after a resident allegedly suffered from inadequate care when her healthcare rights and safety were reportedly threatened.

According to a news development from the Richmond Register that our Maryland nursing home attorneys have been watching, Viola Fields was a resident of Kenwood Health and Rehabilitation Center from the end of October until the beginning of December in 2010. James Rutherford, Fields’ guardian, claimed that Fields, who is incapacitated and not of a sound mind, did not receive the minimum standard of healthcare that should have been available to her as a vulnerable nursing home resident. Rutherford claims that the home violated her nursing home rights as a long-term care resident.

The lawsuit accuses Kenwood of nursing home negligence for failing to provide Fields with timely and accurate nursing home healthcare and medication assessments, proper resident supervision, necessary medical intervention, and from failing to prevent accidental injury. Kenwood is also being accused of medical and corporate negligence.

Rutherford claims that the nursing home’s wrongful conduct caused the rapid deterioration of Fields’ health and physical condition, and led to the direct development untreated pressure ulcers, wound infections, sepsis, pneumonia, urinary tract infections and weight loss. The lawsuit accuses the home of acting with fraud, malice, gross negligence and reckless disregard for the health and safety of Fields and her rights as a nursing home resident. Rutherford claims that because of these injuries, Fields experienced physical impairment, and suffered embarrassment, along with incurring significant medical expenses.

Continue reading "Another Nursing Home Negligence Lawsuit for Madison County Home" »

In an effort to help seniors and families better evaluate and choose the right nursing home, the federal government has recently improved the Nursing Home Compare website, according to a recent article in Forbes.

As our Maryland nursing home injury blog has previously discussed, the Nursing Home Compare website is a web service listing around 16,000 Medicaid and Medicare-certified nursing homes around the county on a Five-Star Quality rating system—that compares and contrasts the quality standards on both short-term and long-term care.

The newly improved Nursing Home Compare website will reportedly feature 21 new criteria that help to measure the quality of care each resident will receive at different nursing homes and facilities around the country. The government will now include valuable experience from nursing home patients in both short-term and long-term care facilities, making it available on the website. It will make any complaints about a nursing home available, such as nursing home negligence or abuse, providing the necessary information.

The Nursing Home Compare’s new criteria will replace a set of 17 criteria and will focus on the specific and crucial issues affecting nursing home residents today, like pressure sores, infections, nursing home falls, pain, and general health and well being. The new criteria will also discuss the different percentages of nursing home residents who have experienced physical restraint, claim to have experienced pain that is severe to moderate, and who have been given vaccine for pneumonia.

Continue reading "Feds Help Families Choose the Right Nursing Home With Improved Website" »

In a recent Anne Arundel County nursing home blog, our attorneys reported on the problem of pressure ulcers in nursing homes, and the importance of detecting and treating bedsores before they develop into serious infections that could be life threatening.

Bedsores, or decubitus ulcers, affect nearly one million people in the U.S. causing around 60,000 deaths due to complications from the advanced development of the ulcers, like osteomyelitis or sepsis.

As reported in a related Baltimore nursing home injury lawyer blog, pressure sores often form due to nursing home negligence, when immobile residents, or residents who have difficulty moving, are confined to their wheelchairs or beds, restricting the blood flow on certain areas of the body where there is prolonged pressure, causing a lack of circulation and skin breakdown.

Pressure sores often develop in four stages:

• Stage I: When the skin on an area of the body starts to break down, it becomes discolored and red. This is an important stage for healthcare practitioners to identify bedsores, especially with at-risk residents, as pressure sores can be prevented and reversed if caught in the early stages.
• Stage II: The discolored area of a developing bedsore turns into a blister or scrape that forms a sore, resulting from the skin's breakdown. If the sore does not receive immediate treatment, the skin will continue to deteriorate.
• Stage III: If the pressure sore is not cared for properly, the skin will continue to break down, causing significant loss of the soft tissue beneath the skin’s surface, forming a crater.
• Stage IV: The crater beneath the skin’s surface deepens, in many cases as large as a grapefruit or fist, where the muscle and bone along with tendons and joints, become severely damaged. Residents who suffer from Stage IV pressure sores often experience severe pain and frequent depression, and the massive ulcers can lead to illnesses like sepsis or osteomyelitis that can lead to wrongful death.

Continue reading "Detecting and Preventing the Four Stages of Bedsores" »

A Charleston nursing home has recently been sued in two separate wrongful death lawsuits, according to a news development that our Baltimore nursing home negligence attorneys have been watching, after two residents died at the home due to the home’s alleged negligence and abuse.

The Charleston Gazette reports that Teays Valley Center nursing home has been sued by the daughter of former resident Anoway Rose Smith, who according to the lawsuit, suffered from nursing home abuse and negligence that led to bedsores, weight loss due to dehydration and nursing home falls.

The lawsuit states that Smith resided at the nursing home four times between August 2009 and February 2010, during which time she sustained systemic nursing home abuse and neglect that led to her death on February 23, 2010.

In a second lawsuit filed against Teays Valley Center, the home is also being accused of causing the wrongful death of another resident. Shirley Osburn has filed the lawsuit, claiming that the her husband John Osburn died as a result of severe nursing home abuse and negligence while residing in the home.

Continue reading "Nursing Home Sued in Two Different Wrongful Death Lawsuits" »

Our Frederick County nursing home negligence lawyers have been following the recent announcement that a New York State jury has awarded over $5 million in monetary damages in a negligence case, after a patient at the Staten Island University Hospital and the Golden Gate Rehabilitation and Health Care Center reportedly developed severe and untreated bedsores that caused great suffering while staying at both facilities.

According to the lawsuit, Robert Messina. 63, was staying at the hospital and rehabilitation center after a brain dysfunction caused him to collapse in August of 2006. While a resident of both facilities, Messina reportedly developed pressure sores, or bedsores, that caused him to lose the ability to walk and led to a hip infection.

Messina claims in the lawsuit that the bedsores went untreated and developed into massive ulcers affecting his buttocks, genitals, mouth and ankles, leading to a spinal ulcer and a bone infection, or osteomyelitis.

In a related Baltimore nursing home injury lawyer blog, our attorneys discussed the danger of bedsores in nursing homes, and the importance of detecting and treating pressure ulcers early, to prevent the life-threatening infections that can stem from the advanced stages of bed sores like sepsis, a blood infection, and osteomyelitis, a bacterial infection of the bone.

Continue reading "Hospital to Pay $5.4M in Bedsore Injury Lawsuit" »

In a recent Maryland nursing home lawyer blog, our attorneys discussed a nursing home negligence lawsuit filed by the widow of a resident—who claims in the suit that while her husband was staying in the Madison Manor nursing home, his foot infection was not properly cared for, leading to the amputation of his leg, and wrongful death.

In a related report, the same Madison Manor nursing home has been sued again by the son of a former resident who says the home failed to properly care for his mother, leading to nursing home negligence and wrongful death.

In this second lawsuit, filed just a month after the home was sued for negligence, David Drury claims that the nursing home owners, operators and staff knew that the facility could not provide the minimum standard of healthcare that was promised to his mother, Lena McKinney, causing her to suffer an accelerated deterioration of health and physical condition that was far beyond what is caused by the normal process of aging.

Drury claims that while his mother was a resident of the home from December of 2008 to July of 2009, she experienced nursing home negligence that led to fluid imbalance and malnutrition, weight loss, poor hygiene, nursing home falls, and infections including urinary tract infections and sepsis that led to acute renal failure. As our Baltimore nursing home lawyer blog has reported in the past, sepsis is a serious blood infection in the body resulting in blood poisoning, and can be a lethal condition if it progresses rapidly, leading to organ failure.

Continue reading "Nursing Home Sued Again for Wrongful Death and Negligence" »

Last month, the widow of a former resident at Madison Manor nursing home filed a nursing home negligence lawsuit against the Kentucky home, after she claims the nursing home neglected to care for her husband’s foot infection—which led to leg amputation and wrongful death.

According to a Richmond Register report, that our Baltimore nursing home attorneys have been watching develop, Donna Anderson claims that while her husband Robert was a patient at the Richmond Health and Rehabilitation facility/Madison Manor from April to May 2009, the home contributed to the deterioration of her husband’s physical health condition—that was far beyond the normal process of aging.

Anderson claims in the suit that her husband, Robert, suffered severe pain and suffering, disability, mental anguish, and disfigurement while he was a resident in the home, as well as loss of personal dignity, because of the negligent care in the nursing home.

The lawsuit also states that Anderson’s infection spread because the home did not take the necessary steps to provide proper care and hygiene, as well as taking necessary precautions to prevent malnutrition. As our Baltimore nursing home lawyer blog has reported in the past, key nutrition and a healthy diet that is rich in vitamins and minerals can be an important step to the prevention, healing and recovery of nursing home infection. Anderson also claimed that her husband’s care records were not properly maintained, and that his symptoms and pain were not properly monitored.

Continue reading "Widow Files Lawsuit for Nursing Home Negligence and Wrongful Death" »

According to a shocking Miami Herald expose that our Hartford County, Maryland nursing home abuse attorneys have been following, nursing homes throughout Florida are being accused of horrific cases of elder abuse and neglect. The series of articles in the Herald highlight an alleged breakdown in the state’s nursing home enforcement system—leaving thousands of residents in conditions that are both dangerous and decrepit.

The Herald spent a year examining assisted living facilities and found that as the number of homes have increased to accommodate the state’s major elderly population increase, Florida has failed to protect the very people it was meant to safeguard. Although the number of new nursing homes has totaled 550 in the last five years, the state has reportedly dropped necessary home inspections by 33%, allowing homes with the worst abuse and neglect offenses to remain open.

Florida's Agency for Health Care Administration oversees 2,850 facilities, and has allegedly neglected to monitor nursing home operators for abuse or neglect, investigate nursing home reports citing dangerous practices, and shut down the homes with the worst offenders—many of which lack necessary staffing, disregard nursing home regulations and deprive their residents of the most basic needs, like food, water and safety.

The investigation found that nearly once every month, residents die from nursing home abuse and neglect. In one incident, a 75-year-old dementia resident, who was at high risk for nursing home wandering, walked away from the Pinellas County nursing home, and reportedly had his body torn apart by alligators. In another home, a 71-year-old resident with a mental illness was burned so severely from being left in a bathtub that was carelessly filled with scalding hot water, that he died from a result of the burns.

Many nursing homes, according to the article, are also regularly caught using restraints that are against the law, including ropes and powerful tranquilizers. In one assisted living home a 74-year-old woman was bound for over six hours, with restraints allegedly wrapped so painfully tight that the device her tore into her flesh, causing her death.

Continue reading " Florida Nursing Homes Investigated for Severe Abuse and Negligence" »

In recent news that our Baltimore nursing home negligence attorneys have been following, a wrongful death lawsuit has been filed by the husband of a 60-year-old Portsmouth Regional Hospital patient, who alleges that the hospital’s negligence and sub-standard care caused his wife to die from infected bedsores.

According to the lawsuit filed last month, Robert Vozzella claims that the hospital failed to detect and treat his wife's pressure sores, or decubitus ulcers, that developed on her backside while she recovered from surgery. The bedsores reportedly weren't discovered for three days, and although Vozzella went through two months of pressure ulcer surgeries, the sores became infected due to reported fecal contamination—that led to her wrongful death.

As our Maryland nursing home attorneys have recently discussed, pressure ulcers affect nearly one million people every year, causing nearly 60,000 deaths from complications of serious bed sore development.

Pressure sores often develop in hospitals or nursing care facilities, where patients are immobile for long periods of time without moving. When patients are immobile, often recovering from surgery, or receiving medication, it puts pressure on certain parts of the body, causing the areas to lose circulation—leading the skin to breakdown and develop pressure ulcers.

With proper bed sore care and prevention, pressure ulcers are entirely preventable and even reversible, if discovered quickly enough and given the right treatment and necessary environment for comprehensive healing.

Continue reading "Husband Files Wrongful Death Lawsuit File After Wife Dies From Bedsores" »

According to the Centers for Disease Control and Prevention (CDC), every year, 1 in 3 elderly adults over the age of 65 suffer from falls, many of which happen in nursing homes—with falls being the leading cause of injury-related death in the age group.

A recent Los Angeles Times article discussed the prevalence of nursing home falls, and that as people get older and more frail, falls can have a life-altering and devastating impact on seniors—often talking a long time before the person can get back to their pre-fall health status, if ever.

To combat the problem of hospital and nursing home falls many programs across the country are being formed to improve fall awareness and prevention. In Chicago’s Rush University Medical Center, senior balance classes are offered for their patients, as well as a yearly event for seniors that screen individuals to see who is at risk for falls.

In Lake County, California, a Falls Prevention Task Force has reportedly been implemented with hospitals, fire departments and senior centers, to distribute prevention and awareness literature and sponsor strength and balance classes to improve lower-body strength in seniors.

According to Lake County, when seniors suffer from broken hips due to a fall-related injury and are admitted to a hospital, over 50 percent of the seniors must spend time in a nursing facility or rehab center before going home. Twenty percent of these elderly patients will die within a year of the fall-related injuries.

Continue reading "Nursing Home Fall Awareness and Prevention " »

According to recent news that our Baltimore nursing home attorneys have been following, a nursing home in West Virginia is being sued for negligence, after a patient living in the home for three years allegedly experienced neglect and wrongful death.

HCR Manorcare is reportedly being sued by Angela Black, claiming that family member Arcel Rose was neglected while living at the home from 2006 until his death in 2009. Black claims that the nursing home caused Rose’s deterioration of health and physical condition beyond what is caused by the normal process of aging—leading to dehydration, infections, pressure sores, malnutrition and death.

Black claims that while under the nursing home’s care, Rose experienced serious emotional and physical trauma, causing extreme and unnecessary pain, degradation, unnecessary hospitalizations, disfigurement, and loss of personal dignity.

As our attorneys have discussed in a related Maryland nursing home lawyer blog, pressure sores pose serious threat to nursing homes across the country, with around one million people affected every year, causing nearly 60,000 deaths from complications of the advanced bed sore development. As our lawyers have previously discussed, with proper nursing home care and prevention, pressure ulcers are entirely preventable and even reversible, if they are discovered quickly enough and given the immediate treatment and environment for proper healing.

Continue reading "Nursing Home Sued For Negligence after Patient Died from Pressure Sore Complication" »

Our Hartford County, Maryland nursing home attorneys have been following a recent nursing home neglect and wrongful death lawsuit trial, where a Georgia jury awarded the family of a resident with over $9 million after finding the nursing home responsible for her neglect and mistreatment.

The lawsuit claimed that Charlotte Paulette Dean, a 51-year old resident of the County Crossing Assisted Living and Hutcheson Home Health Care, who suffered from cerebral palsy, was found to have various infected decubitus ulcers, or pressure sores, after being rushed to the hospital in 2006.

Dean reportedly died the following day in the hospital, and her family claims in the lawsuit that Dean’s personal injuries and wrongful death were caused by the nursing home’s negligence and mistreatment, and failure to properly care for Dean while she was a resident of the home. The trial reportedly lasted for one week, wherein the jury decided to award Dean’s family with $9,502,683 to cover pain, suffering, wrongful death, and funeral expenses.

Under the Nursing Home Reform Act of 1987, all residents living in assisted living or nursing homes are entitled to receive quality care and attention with a supportive environment that improves and maintains the quality of their physical and mental health. If a Maryland assisted living or nursing home resident becomes injured or dies because of nursing home neglect, the home could be responsible for Maryland nursing home wrongful death or negligence.

Continue reading "Family Awarded Nearly $10M in Nursing Home Neglect and Wrongful Death Lawsuit" »

As Baltimore County nursing home injury attorneys, we have recently read about yet another nursing home negligence lawsuit filed in Illinois, where a health and rehabilitation center is being sued for failing to properly care for Betty Dressel, a resident suffering from Alzheimer’s Disease, who reportedly developed pressure ulcers all over her body while residing at the home that her family claims led to her wrongful death.

Decubitus Ulcers, also known as pressure ulcers or bedsores often occur with elderly nursing home residents suffering from Dementia or Alzheimer’s Disease, who are resting in the same position for long periods of time without moving—causing areas on the body to lose circulation, which leads to skin breakdown, a problem that our lawyers recently stated in a Maryland nursing home injury blog, is entirely preventable.

Without proper nursing home staff attention, pressure sores often progress into the four stages of bedsore development, where small sores turn into deep painful craters as a result of skin breakdown, damaging joints and tendons and causing major infections which can lead to personal injury or even death.

The lawsuit claims that Betty Dressel was treated at Cedar Ridge Health Care and Rehab Center with substandard care, and as a result of her deteriorated mental condition, they restrained her to her bed, placing her at a high risk of physical deterioration. According to her daughter, this negligent treatment lead to the development of pressure sores that reportedly formed on Dressel's back, legs, buttocks and feet that became infected, causing sepsis, a potentially fatal infection of the blood.

Continue reading "Daughter Sues Nursing Home for Negligence After Mother Dies from Pressure Sores" »

As Baltimore, Maryland nursing home injury attorneys we have recently discussed the topic of elder abuse in a nursing home abuse blog, and the prevalence of abuse in health care facilities and communities across the country, unlawfully causing harm, personal injury, and even death to older and vulnerable adults.

According to the NCEA and the NCCNHR, types of elder abuse include emotional, physical, verbal, sexual, and psychological abuse, as well as neglect, intimidation, abandonment, and exploitation.

• Physical abuse includes inflicting physical pain or injury on an elder, or the threat of inflicting pain. Physical abuse also includes hitting, pinching, slapping, shoving, and force-feeding, along with rough handling during nursing home care and treatment, when being moved, cared for, fed or given medicine. Physical abuse can also result from a nursing home staff member or an outside intruder or visitor.

• Emotional or psychological abuse inflicts mental pain, anguish, or distress on an elderly person or nursing home resident through verbal and non-verbal acts, which includes ridiculing or cursing a resident, threats of punishment or deprivation, rejection or isolation.

• Sexual abuse is non-consensual sexual contact where a resident is tricked, forced, threatened or coerced into performing acts of a sexual nature.

• Neglect is the failure to provide elderly adults with basic needs, such as proper health care and medical treatment, shelter, protection or food, which can result in conditions like dehydration, malnourishment, incontinence, pressure sores, incontinence, depression and immobilization.

Continue reading "Types of Elder Abuse and Neglect in Nursing Homes" »

In a previous Baltimore nursing home lawyer blog, our attorneys discussed the risk of pressure sore development in nursing homes, and the importance of proper nursing home care for pressure ulcer prevention and maintenance, to avoid resident injury or complications that can result in death.

According to recent news, a wrongful death lawsuit has been filed by Donald Simonton, who is suing Teays Vallen Nursing and Rehabilitation Center and Charleston Area Medical Center for the death of his mother, Linda Bea Simonton. Simonton claims that the home engaged in nursing home negligence that reportedly led to the development and worsening of her bedsores, or decubitus ulcers, leading to her wrongful death.

Simonton was reportedly a resident of the home from December of 2008 to January of 2009, to receive physical and occupational therapy as well as skilled wound-care treatment for her legs. Her son claims that while she was at the home, her leg wounds became much worse and she developed additional pressure sores that would not have formed if the center had provided adequate nutrition. Simonton claims that his mother also suffered from inadequate hydration, which led to acute renal failure, among other health conditions leading to her untimely death.

As our Baltimore County nursing home lawyers discussed in a previous pressure sore prevention blog, once a pressure sore starts to form, the wound needs to be cared for immediately, as the sores can be healed with proper wound-care management, to prevent further skin breakdown or tissue loss. According to the Mayo Clinic, diet is also an essential part of pressure sore prevention and healing, as balanced meals supply the necessary nutrients needed to keep residents healthy.

Continue reading "Nursing Home Negligence Lawsuit Accuses Rehabilitation Center of Decubitus Ulcers, Wrongful Death" »

As our attorneys have discussed in a related Baltimore nursing home lawyer blog post, pressure sores, or decubitus ulcers, are a rampant nursing home and assisted-living problem plaguing around one million people across the country every year, with nearly 60,000 deaths from complications of the advanced stages of pressure sores. Decubitus ulcers are sores that are entirely preventable, with proper nursing home care.

Pressure sores often develop at nursing home or assisted-living facilities when patients are elderly, or have limited mobility and rest for long periods of time without moving positions, which applies pressure to specific areas of the body and cuts off blood circulation, leading to skin deterioration or breakdown.

With proper nursing home staff attention, pressure sores can be prevented before they develop into the four stages of pressure sore development, often leading to soft tissue loss, deep painful craters, damage of joints and tendons and massive infections like sepsis or osteomyelitis, which can lead to nursing home injury or even death.

Other contributing pressure sore factors include dehydration, poor nutrition and lack of vitamins and minerals, as well as understaffed nurses, and health care staff without proper bed sore prevention and treatment training, which can lead to nursing home negligence—where elderly or immobile residents are left to sit for long periods of time without being moved, without having soiled undergarments changed, or without properly being cared for.

Continue reading " Decubitus Ulcers and Nursing Home Negligence" »

A 3.5 million nursing home negligence settlement has been reached in the lawsuit against Washington-based Everett Care & Rehabilitation, that our Prince George’s County nursing home injury lawyers discussed in a recent blog, where the family of 97-year-old nursing home resident Charles Bradley sued the home for abuse and negligence after the resident tragically suffered from penile cancer that allegedly led to his wrongful death.

According to the lawsuit, in 2007, a nurse told the home's care manager that Bradley was experiencing skin breakdown on his penis that needed treatment. The care manager allegedly neglected to tell the doctor about Bradley, who had been a resident since 2004. Four months after the initial report, Bradley started to lose weight due to an infection of the wound, yet allegedly continued to receive no care and remained untreated.

By the time Bradley reached the emergency room in March 2008, the doctors reportedly discovered a gaping skin wound and a severe infection that had led to the total disintegration of his genitalia. The court documents claim that Bradley’s skin wound was neglected and went untreated for months in the nursing facility, developing into life threatening penile cancer. Bradley died just over two weeks after entering hospital.

Washington State Department of Social and Health Services (DSHS) reportedly began investigating Bradley’s case before his death, and cited the center for failure to provide a federal standard of care for Bradley as required by law.

The owner of Everett nursing home reportedly agreed to pay Bradley’s family $3.5 million, after the family sued Everett Care & Rehabilitation in 2009 for nursing home abuse and neglect for failing to protect and care for the elderly and for failing to provide Bradley with his lawful right to great nursing home care as well as his daily basic nursing home needs—causing serious harm to Bradley that allegedly resulted in his wrongful death.

Continue reading "Nursing Home Owner Pays Family $3.5M For Neglecting Resident’s Penile Cancer " »

According to a recent news development that our Baltimore, Maryland nursing home attorneys have been watching, three nursing homes in New York State are facing huge state and federal penalties for nursing home violations that allegedly include nursing home negligence for failure to treat pressure sores, and failure to follow the advance wishes of residents who are terminally ill.

The Long-Term Care Community Coalition, a watchdog and advocacy group that tracks the enforcement of New York State nursing home laws, reported that Somers Manor Nursing Home will pay over $28,000 in fines after state inspections found the home to have a major problem failing to ensure that its residents’ “do-not-resuscitate” (DNR) wishes were not being followed, putting some residents at risk, by subjecting them to the painful resuscitation process when they have specifically asked not to be.

Northern Riverview Health Care Center, another home that received fines recently, will reportedly pay over $22,000 in fines for not properly preventing and treating pressure sores, or decubitus ulcers. As our Baltimore nursing home injury attorneys discussed recently in a blog, bed sores often occur when a resident is lying in one position for long periods of time without movement, restricting blood circulation. Bed sores can be prevented, and failure to do so can result in nursing home negligence or even lead to wrongful death.

Dumont Masonic Home reportedly paid $20,000 in sanctions last year, for failing follow proper procedures while renovating the nursing home building, which could have led to personal injury of its residents.

Continue reading "Three New York Nursing Homes Hit With Violations Due to Negligence" »

A recent special report entitled “Seniors for Sale,” published by the Seattle Times, uncovered hundreds of cases of nursing home abuse, negligence and wrongful death in adult homes in Washington, where seniors had been injured or died as a result of neglect or substandard care in adult homes, often by receiving care from healthcare providers who were not properly trained.

As nursing home neglect lawyers based in Baltimore, Maryland, we have been following the recent news that in one of the cases, the former owner of an adult family home received a one year prison sentence for her role in the nursing home negligence and wrongful death of an 87-year old at Houghton’s Lakeview adult home.

According to the Seattle Times, 62-year-old Patricia Goodwill pleaded guilty to second-degree criminal mistreatment, for creating a substantial risk of death for resident Jean Rudolph, by failing to protect the elderly woman from developing pressure sores, and for failing to ensure proper care. Rudolph reportedly died of pressure sores that were untreated, and suffered greatly for three weeks prior to her death without proper treatment for her wounds.

As our Maryland nursing home attorneys discussed in a previous blog, elderly or immobile residents are at great risk for pressure sores, and one small inflammation can quickly develop into a deep crater that can be extremely painful, hard to heal, and can cause serious infection. It is important for nursing homes and adult care facilities to practice pressure sore prevention and treatment, to avoid nursing home neglect or wrongful death.

Continue reading "Caregiver Receives Prison Sentence for Nursing Home Negligence" »

In a recent blog, our Maryland nursing home attorneys discussed nursing home negligence and the prevalence of pressure sores plaguing elderly and immobile residents in nursing homes across the country, as well as the importance of pressure sore prevention to avoid nursing home injury or wrongful death.

Pressure ulcers commonly develop on areas of the body that are bony and close to the skin, with less padding by muscle and fat. Common areas include the tailbone, heels, hips, ankles, tailbones, shoulder blades, elbows, backs, shoulders as well as the back of the head. With pressure sores, one small inflammation can quickly develop into a deep crater that can be extremely painful, hard to heal, and can cause infections that are life-threatening.

To prevent bedsores, also called pressure sores, or decubitus ulcers, it is important to avoid lying directly on bony areas, as they are prone to pressure sore development. The Mayo Clinic recommends:

• If lying on your side, try lying at a 30-degree angle.
• When lying on your back, always support your legs with a pillow or soft pad from the middle of the calf to the ankle, to increase blood flow.
• Try to keep bony areas like ankles and knees from touching.
• Try and avoid raising the head of the bed more than 30 degrees, as this could cause the resident to slide down and increase friction. If the bed needs to be raised to a high height, pillows or foam wedges should be placed on hips and shoulders to help maintain proper alignment to reduce any rubbing.
• Patients who are lying down should be moved every two hours, and if in a wheel chair, should be manually moved every 15 minutes.
• Try mattresses and wheelchairs that are pressure-reducing.

For elderly or post-surgery residents who are immobile, diet is an essential part of pressure sore prevention and healing, as balanced meals supply the necessary nutrients needed to keep residents healthy. The Mayo Clinic recommends to:

• Eat smaller meals more frequently, to help ensure that residents are getting enough calories, protein, minerals and vitamins.
• Take advantage of times when residents have a hearty appetite, like when they are rested in the morning.
• Limit the amount of fluids given to residents during mealtime. Liquids can prevent a resident from eating higher calorie foods.
• If swallowing is a challenge, pureed foods, shakes and soups with protein can be easier to ensure calorie intake.
• Never rush a resident’s mealtime.

For families who have loved ones in a nursing home or care facility, it is also important to check the resident’s condition with each visit. The resident’s skin condition, weight, and general healthcare should be monitored with each visit, as well as weight. If there are any signs of nursing home neglect, like pressure sores, the nursing staff and doctor should be contacted immediately.

Continue reading "Steps to Prevent Bedsore Development in Nursing Homes" »

In a recent blog, our Washington D.C. nursing home injury lawyers discussed nursing home negligence, and the danger of pressure sores in nursing homes today. Pressure sores, also known as decubitus ulcers or bedsores, affect around one million people across the country with nearly 60,000 people dying each year from complications of the very advanced stages of pressure sores, like osteomyelitis, a bacterial inflammation of the bones, and sepsis, an infection of the blood.

Pressure sores often develop as a result of nursing home negligence, when nursing home residents are immobile, confined to their beds or wheelchairs, have circulation problems, debilitating illnesses, incontinence, diabetes, dementia or other mental disabilities that lead to decreased mobility. When a nursing home resident sits or rests in the same position for long time periods without being moved by the nursing home staff, the circulation of blood to the skin is cut off, leading to the breakdown of skin, and pressure sores can rapidly develop.

There are four stages of pressure sore development, starting with Stage I, where an area of skin becomes red and discolored. In Stage II, the red area develops into a scrape or blister that forms an open sore, which results from the skin deterioration. If the wound is not cared for immediately, the skin continues to breakdown, leading to Stage III, where there is a greater degree of soft tissue loss beneath the surface of the skin, forming a shallow crater. With a Stage IV pressure sore, the crater becomes deeper, in some cases as large as a grapefruit, and the bone and muscle can be severely damaged, as well as joints and tendons. There is serious pain and depression associated with Stage IV pressure sores, and the deep craters can lead to life-threatening infections like osteomyelitis or sepsis, that can lead to nursing home injury or wrongful death.

As our nursing home attorneys in Washington D.C. discussed in a related blog, pressure sores are preventable, and at-risk residents should receive daily skin inspections for pressure sores, especially the bony areas of the body. Every two hours, bedridden residents should have their positions changed to relieve pressure on the skin, and every 15 minutes while sitting in a wheelchair. Residents should also have their skin protected from dampness caused by wound drainage, sweat, or incontinence. Some residents may benefit from a mattress or pad to relieve pressure on the skin, along with other technology designed to prevent pressure sores and nursing home injury. All nursing home residents should be also be given a healthy diet that is rich in vitamins and minerals to assist in pressure sore prevention and healing.

Continue reading "Nursing Home Negligence—The Four Stages of Pressure Sore Development" »

In recent news that our nursing home injury attorneys in Baltimore, Maryland have been following, the wife of a nursing home resident who died last year after suffering from multiple nursing home falls as well as an infected pressure sore, has filed a lawsuit against the Illinois nursing home, seeking more than $50,000 in damages for nursing home negligence.

According to the lawsuit, Ralph Shafer was admitted to the nursing home in September of 2007, after suffering from two strokes, with signs of hypertension, dementia, and diabetes, among other health concerns. Shafer, who was 87 at the time, was reportedly at risk for nursing home falls, and according to Shafer’s wife, the nursing home facility failed to prevent his frequent falls. One tragic fall in 2008 led to a massive nursing home injury, where Shafer broke his hip and required surgery.

Shafer’s wife is also accusing the nursing home of failing to prevent the infection of a pressure sore on Shafer’s ankle, that reportedly developed as a result of his diabetes. Shafer died in April of 2009 from gangrene and osteomyelitis at the site of the wound, as well as complications from advanced dementia.

Osteomyelitis is a bacterial inflammation of the bones, that can develop when a Stage IV pressure sore causes severe damage to the skin, muscle and bone. As our Maryland nursing home injury lawyers discussed in a related blog, if a nursing home resident is bedridden, in a wheelchair, immobile with diabetes, has circulation issues or mental disabilities, and incontinence, the residents should be checked daily for pressure sores, and moved every two hours to relieve pressure and prevent skin breakdown that leads to pressure sores. The primary goal of pressure sore treatment is preventing them before they start.

Continue reading "Nursing Home Sued For Failing to Prevent Resident’s Death from Pressure Sores, Falls" »

As nursing home attorneys in Baltimore, Maryland, we have been following a recent lawsuit filed by a former resident who accused the home of nursing home negligence after she fell and broke her leg while residing at the home.

According to the lawsuit, Margaret Mock, a 77-year-old woman from Schaumburg, Illinois, was living at ManorCare nursing home for rehabilitation after undergoing hip surgery. Mock claims that on September 26, 2009, while being transported by an employee from her bed to a wheelchair, she fell and reportedly broke her leg in two different places.

Mock claims in the lawsuit that because of her already weakened state, she was unable to undergo surgery to repair her broken leg—causing her to remain in the nursing home for another five months. Mock is also suing St. Alexius Medical Center for negligence, along with ManorCare and their parent companies, as she developed a pressure sore during her stay at the hospital.

As our Maryland nursing home injury lawyers reported in a recent blog, according to the CDC, muscle weaknesses and walking problems are among the most frequent causes of nursing home falls, leading to 24% of reported falls. Medications can also increase the risk of falls, as well as environmental hazards like wet floors, poor lighting, ill-fitting wheelchairs, or incorrect bed heights, leading to a reported 16-27% of nursing home falls.

Continue reading "ManorCare Sued by Injured Woman for Nursing Home Fall" »

In recent news that our nursing home abuse attorneys in Baltimore, Maryland have been following, a civil jury has found a nursing home in San Antonio, Texas, negligent, for the death of a resident who developed huge bedsores that became severely infected under the home’s care.

According to My San Antonio news, Mary Koenig filed the lawsuit on behalf of her father, Emilio Gonzalez, who was a resident of Retama Manor Nursing Center from 2001 until 2007, when he died at the age of 76. Gonzalez was reportedly taken to the hospital in August of 2007, after two bedsores became infected, rotting down to the bone. His stay was then extended at a hospital that specialized in wound treatment before his death.

In the trial, Koening’s attorneys alleged that the nursing home was understaffed intentionally to make profits, which would often leave nurses with over 60 nursing home residents to oversee and care for at a time.

Retama Manor Nursing Center was ordered by jurors to pay the estate of Emilio Gonzalez $250,000 for his suffering and physical pan, $150,000 for mental anguish and pain and over $190,000 in medical bills. The nursing home neglect verdict is expected to be reduced, however, due to Texas tort reform caps put into place in 2003.

Continue reading " Civil Jury Finds Nursing Home Negligent for Resident’s Bedsores " »

A class action lawsuit has been filed this week against four New York State nursing homes and the company that operates them, Legacy Health Care, for depriving patients of their legal nursing home rights.

As our Baltimore-based attorneys reported in a blog, in March of this year, New York State Attorney General Andrew Cuomo, and his Medicaid Fraud Control Unit (MFCU) engaged in an investigation into nursing home neglect and abuse using surveillance cameras in nursing homes in the state of New York, to ensure that residents were receiving proper nursing home care that was free from abuse and neglect.

After the Attorney General’s seven-week investigation, eight workers who were employed by Williamsville Suburban Nursing Home were arrested for charges regarding the quality of patient care. The investigation revealed that the nursing home staff neglected to properly transfer residents to and from the bed with a mechanical lift, increasing the chances for nursing home injury and falls. The footage also showed that the staff neglected to treat patients for wounds, check for vital signs, or administer insulin. The resident’s medical records were also reportedly falsified to cover up the home’s consistent neglect.

According to the class action lawsuit, filed on behalf of all residents who have lived at Legacy Health Care from the year 2007 until now, Legacy is being accused of endangering the welfare of nursing home residents through failure to provide residents with their legally entitled nursing home right to quality healthcare, proper staffing, and an existence that is dignified.

Continue reading "NY Nursing Home Faces Class Action Lawsuit for Negligence and Abuse" »

In a recent nursing home investigation that our Washington D.C. nursing home abuse attorneys discussed in a blog, Attorney General of the State of New York, Andrew Cuomo, and his Medicaid Fraud Control Unit (MFCU) have engaged in a state-wide investigation into nursing home abuse and neglect, using hidden cameras in New York nursing homes, to ensure that residents are receiving quality nursing home care, that is free from negligence and abuse.

Earlier this year fourteen healthcare workers at Northwoods Rehabilitation and Extended Care Facility were arrested for nursing home abuse and neglect, and last week, nine of the licensed nurses and aides were charged in a 175-count indictment, alleging that the nurses neglected to provide proper care and treatment for a patient who was incapacitated.

The nurses have been reportedly charged with endangering the welfare of a person who is physically disabled or incompetent, and willful violation of health laws—both of which are misdemeanors. They have also been charged with a felony for falsifying business records to cover up their nursing home negligence. The nurses all pleaded not guilty. The five other defendants with similar charges have already settled their nursing home negligence cases with guilty pleas.

The Attorney General Cuomo’s office reported that along with falsifying records to hide negligence, the nurses and aides neglected to administer the incapacitated patient’s medications and also neglected to treat the patient’s pressure sores. They also reportedly neglected to check the patient for incontinence, and failed to change the patient’s undergarments for long time periods. As our Washington D.C. nursing home injury attorneys have reported in a previous blog, when residents have limited movement or are immobile, resting in the same position for long periods puts them at high risk for developing bedsores.

Continue reading "Hidden Camera Investigation Leads to Nursing Home Abuse Charges for Nurses, Aides" »

In a recent blog, our nursing home abuse and negligence attorneys in Baltimore, Maryland discussed the danger of sepsis in nursing homes, a leading cause of death among elderly residents.

Sepsis is a deadly blood disease that forms a massive infection in the body, resulting in blood poisoning. In nursing homes across the country, sepsis often results from an infection of surgical wounds, surgical drains, intravenous lines, and stage IV pressure sores, or decubitus ulcers, and is often associated with nursing home neglect and abuse.

It is reported that every year, over 200,000 people in this country die from different forms of sepsis. Sepsis usually begins as an infection and spreads quickly, causing tissue damage, organ failure and also death. Sepsis is very dangerous with nursing home residents, as their immune systems are often weak.

Preventative measures for sepsis in nursing homes include early detection and treatment of infected areas, like pressure sores, a leading cause of nursing home injury that affects nearly one million Americans every year. As our Maryland nursing home injury attorneys reported in a blog, pressure sores often develop after a resident stays in one position for too long, which causes a restriction of the resident’s blood supply to the skin, wherein pressure sores form due to the unrelieved pressure.

Nursing home residents who are elderly and have restricted movement are highly susceptible to bed sores, and if the sores go untreated, they can lead to bacterial sepsis. Many cases of advanced pressure sores are often the result of nursing home neglect, and many times lead to a resident’s death. Nursing home staff should pay special attention to elderly residents who are at risk for developing bed sores, or sepsis, in order to prevent nursing home injury or wrongful death. Around 60,000 people are reported to die every year from some form of complication surrounding the more advanced stages of pressure sores.

Continue reading "The Danger of Sepsis in Nursing Homes " »

Our Maryland nursing home negligence attorneys recently discussed a wrongful death settlement of 43.5 million in a blog, after a nursing home operator was found responsible for negligence that allegedly led to a resident’s death.

In another recent wrongful death lawsuit settlement from this week that our attorneys have been following, a Wisconsin nursing home will pay $2.25 million, after a resident died in the home from an infection.

According to the lawsuit, Cynthia Wilms was a patient at the Willows Nursing and Rehabilitation Center after a 2007 hip replacement surgery. The home is being accused of neglecting Wilms' surgical wound, which led to sepsis, a blood disease that forms when bacteria enters the bloodstream and spreads throughout the body. Sepsis is a potentially lethal condition that progresses rapidly and can lead to organ failure. Wilms died a few weeks after the surgery.

In nursing homes across the country, sepsis often results from an infection of surgical wounds, surgical drains, intravenous lines, and stage IV pressure sores, and is often associated with nursing home neglect and abuse. Sepsis is very dangerous with nursing home residents, as their immune systems are often weak. Sepsis can cause death, as it is a blood infection that travels through the body rapidly. It is reported that every year, over 200,000 people in the United States die from different forms of sepsis.

Continue reading "Wrongful Death Lawsuit Settled—Resident’s Family To Receive $2.24 M" »

According to a report from the Agency for Healthcare Research and Quality (AHRQ), the number of American residents living in nursing homes who are subjected to physical restraint has dropped by more than half, from 1999 to 2007. This reportedly came from part of the National Healthcare Quality & Disparities Report from 2009.

The report states that the number of physically restrained nursing home residents dropped from around 10.4% in 2000 to 5% in 2007. As our Maryland nursing home attorneys reported in a recent blog, physical restraints can be used to keep a resident or patient from moving freely, and is only allowed when medically necessary, as it can also cause patients to become weak or develop other health complications. Common restraints include belts, wrist ties or bands, vests, bedside rails, or special chairs.

The report also discovered that number of Asian and Hispanic residents living in nursing homes who were physically restrained fell from around 16% in 1999 to around 7% in 2007.

According to Karen K. Ho, MHS, research analyst for Maryland’s Center for Quality Improvement and Patient Safety at AHRQ, there is a disparity between white and Asian populations being restrained in nursing homes. Ho claimed that the report shows that Asians and Hispanics are reportedly more likely to be restrained in nursing homes, and this could be because of language and literature issues. Ho claims that the ability to communicate with a health care provider, and the ability for the health care provider to talk to the patient is hugely important. If there is a language barrier and communication problems arise, the patient will most likely not get the care that they would like, or that is recommended.

Continue reading "Report Shows Less Physical Restraint in Nursing Homes" »

In yesterday’s blog, our attorneys discussed the prevalence of pressure sores in nursing homes and assisted living residences, that often result in injury or wrongful death.

In a recent wrongful death lawsuit, the family of Frances Graham, a former 81-year old resident of an assisted living home in San Leandro, California, is suing Graham’s doctor, as well as the assisted living home, after Graham suffered from nursing home violence and devastating pressure sores all over her body, some reportedly as large as a baseballs—that lead to her tragic death. Graham’s family is also suing the nonprofit responsible for her care, the Center for Elders Independence, claiming that they put profits over her nursing home health and safety.

According to the suit, Graham was kept at the Andrew Elijah residential care home even though laws require that Alzheimer’s patients are cared for by a nursing staff that is skilled for such illnesses. Graham reportedly shared a room with a 72-year old dementia patient, who in June of last year, was found attacking Graham with a plastic hair pick. Graham suffered dozens of cuts on her body, and her left eye was bleeding and also bruised. Graham was reportedly treated by a doctor, and sent back to the Andrew Elijah home and put in a room that was private.

Graham’s son claims that soon after, Graham was rushed to the hospital with pneumonia, where a doctor discovered multiple bedsores on her body, so many that the doctors wrote in the notes that they weren’t sure that they even seen them all. The worst sore was allegedly a 4-inch hole that had eaten down to the tendons and smelled horribly. The doctor also found her to be anemic and dehydrated. Graham was moved to another health care center, and died two days later.

Continue reading "The Prevalence of Pressure Sores—Family Sues Assisted Living Home for Negligence" »

Pressure sores, also known as bedsores or decubitus ulcers, plague nearly one million Americans every year, and are a leading cause of nursing home injury, as our Maryland nursing home injury attorneys reported in a recent blog.

Pressure sores develop after an individual rests for too long in one position without moving, cutting off the blood supply to a resident’s skin, forming sores from the pressure on the skin that is unrelieved. Nursing homes residents who are elderly and immobile are highly vulnerable to pressure ulcers. Many advanced decubitus ulcer cases are often the result of nursing home abuse and neglect, and can end in wrongful death. Around sixty thousand people reportedly die each year from complications of some of the more advanced stages of bedsores.

In a recent wrongful death lawsuit, a hospital is being charged with allegedly failing to prevent, treat, and monitor the pressure sores of a patient, causing him to develop serious infections that allegedly lead to his wrongful death.

According to the suit, William B. McCuller became a resident of Memorial Hospital and Memorial Convalescent Center in April of last year, where he developed pressure ulcers that became infected. The hospital and center staff are being accused of negligence, for failing to properly treat McCuller, failing to monitor and care for his bedsores properly, failing to identify him as a high risk patient for bedsores, and failing to identify the early states of ulcer occurrence. The staff is also being accused of neglecting to treat McCuller with the proper wound prevention and treatment protocol, and to properly train their staff on the prevention protocol as well.

Continue reading "Wrongful Death Lawsuit Blames Nursing Home for Untreated Pressure Sores" »

In a recent nursing home injury blog, our Washington D.C.-based attorneys reported on a current case in Northern California, where a nursing home is being accused of recklessly poor resident care and nursing home negligence, leading to the wrongful death of Frances Tanner, a Stockton native.

On Wednesday of this week, Colonial Healthcare was found guilty of elder abuse, and Tanner’s daughter, Elizabeth Pao was awarded $1.1 million in monetary damages for Tanner’s suffering and pain, after enduring a nursing home fall in 2005 that broke her hip and led to a bedsore that became so infected it reportedly took her life.

Colonial Healthcare, over the course of the two week trial, has been accused of poor care, chronic and extreme understaffing, nursing home corporate greed, and failing to care for Tanner in every way—by allowing her to fall and break her hip, neglecting to record her level of treatment and care, and neglecting to prevent the bed sores that after becoming so infected, lead to her death.

According to the Sacramento Bee, yesterday, in the second phase of the case, the jury panel awarded $28 million in punitive damages for Frances Tanner’s abuse and wrongful death, in an effort to send a message to Horizon West Healthcare and its company leaders to stop the chronic understaffing and substandard care that has lead to nursing home negligence and resident death. The jury reportedly decided on the punitive damages after hearing evidence in court about the finances of the corporation—the corporation is reportedly worth around $200 million. This is said to be the largest elder-abuse award in Sacramento County history.

Continue reading "Jury Demands Nursing Home Pays $28 Million in Punitive Damages for Elder Abuse Case" »

As Washington D.C. Nursing Home Abuse and Neglect Attorneys, we have been following a recent case of elder abuse, where a Sacramento County Superior Court jury found a nursing home guilty for the 2005 wrongful death of a Northern California resident.

Frances Tanner, a former administrative worker who had been employed by various agencies including the FBI and the IRS, reportedly moved into Colonial Healthcare, a nursing home in Auburn, California, in March of 2005 at the age of 79. Although she was suffering from mild dementia, Tanner was reportedly mobile, strong, talkative and in great spirits.

In September of 2005, Tanner suffered a nursing home fall and broke her hip. According to the lawsuit testimony, Tanner was not properly diagnosed with a hip fracture for another eight days, during which time a bed sore was discovered. After the surgery, the bed sore progressed rapidly, and Tanner reportedly died a few weeks later from a massive infection of the pressure sore that caused her great pain and suffering.

During the course of past two weeks, the home has been accused of poor care, chronic and extreme understaffing, and nursing home corporation greed. Colonial was accused of recklessly failing to care for Tanner in every way—by allowing her to endure a broken hip, failing to keep accurate notes on her treatment and care, and neglecting to prevent or care for the bed sore that allegedly killed her.

Today, the jury awarded Elizabeth Pao, Tanner’s daughter, $1.1 million in monetary damages for Tanner’s suffering and pain, and for the loss of companionship. The punitive damages will be announced on Thursday.

Continue reading "Jury Delivers Elder Abuse Verdict—Nursing Home to Pay $1.1 Million for Wrongful Death" »

In a previous blog, our Maryland-based Nursing Home Attorneys discussed a nursing home abuse case involving employees from Madison Manor, one of the Richmond Health and Rehabilitation Complex homes in Kentucky, who pleaded guilty of resident abuse.

This week, another lawsuit was brought against one of the Richmond complex homes—Kenwood Nursing Home. Charles Brock, the son of former patient Margaret Brock, is accusing the home of wrongful death, alleging that the nursing home administrators and employees failed to provide Brock’s mother with quality care, and protect her legal right to nursing home heath and safety.

According to the lawsuit, Margaret Brock, was admitted Kenwood Nursing Home on August 27, 2008 at the age of 80. Brock’s son claims that the home violated multiple nursing home health and safety regulations during her stay at the home—that lead to her wrongful death.

Brock claims that while under the care of Kenwood nursing home, his mother suffered nursing home falls, medication errors, malnutrition, dehydration, and pneumonia. Brock also reportedly suffered infections in the home including sepsis, methicillin-sensitive staphylococcus aureus, as well as great amounts of pain and eventually death.

Continue reading "Another Wrongful Death Lawsuit for Nursing Home Complex" »

As Washington D.C.-area Nursing Home Injury Attorneys, we have been following a case that has recently gone to trial accusing an Arizona-based nursing home of neglect, failure to prevent pressure sores, and wrongful death.

Irma Smith, 98, was a resident of Devon Gables Healthcare Center, and according to the lawsuit, when Smith died on September 7, 2006, she was experiencing unnecessary pain from a pressure sore on her backside that had grown so large that it was one inch deep and as wide as a grapefruit. The sore had reportedly eaten through both her bone and muscle and became infected, which lead to sepsis and allegedly caused Smith’s death.

Kathleen Havens, Smith’s daughter, and also a resident nurse, is bringing the wrongful death lawsuit against Devon Gables, and claimed that the nursing home had been making cutbacks in staffing, which lead to the nursing home negligence. In one incident, after being left unattended, Smith reportedly fell out of her wheelchair onto her face, suffering from head, leg and arm wounds.

Smith was admitted to Devon Gables in July of 2006, because Havens was having difficulty lifting and caring for her mother. Smith was a resident of the nursing home until the wheelchair fall, in which she was transferred to Tucson Medical Center. The pressure sore was so severely infected that Smith reportedly developed sepsis and died ten days later.

Continue reading "Nursing Home Charged with Resident Neglect—Pressure Sores Lead to Wrongful Death " »

In yesterday’s blog post, our lawyers from Lebowitz and Mzhen, LLC, discussed the resent release of the annual state-by-state check-up of healthcare ratings, in the National Healthcare Quality Report from 2009, which includes Maryland’s ratings on nursing home care, and the use of physical restraint.

Nursing home restraint is a physical or pharmacologic restraint used to keep a resident or patient from moving freely, and is only allowed when medically necessary, as it can also cause patients to become weak or develop other health complications like pressure sores, isolation, loss of walking ability, incontinence, or injury from trying to escape the restraints, leading to possible injury or wrongful death.

Restraints have been used in nursing homes when impaired residents with mental conditions are prone to nursing home falls, wandering, or the potential for personal injury—but are controversial as they have been also been used for the purposes of discipline, or for the convenience of the nursing home—leading to nursing home abuse and neglect.

The Center for Medicare and Medicaid Services (CMS) reports that the use of physical and chemical restraints has reduced substantially after the implementation the CMS restraint regulation in 1990, showing that physical restraints had serious negative effects including the risk of wrongful death, and nursing home abuse and neglect.

Continue reading "Physical Restraints in Maryland Nursing Homes" »

In recent news that Maryland Nursing Home Abuse and Neglect Attorneys have been following, Attorney General for the State of New York Andrew Cuomo announced this week that twenty-two health care employees, both former and current, have been arrested after hidden camera footage in two separate nursing homes revealed alleged abuse and neglect as well as other behavior that harmed the health and safety of residents.

Cuomo claimed that his Medicaid Fraud Control Unit (MFCU) is using hidden surveillance cameras in nursing homes all over the state of New York, with the consent of family members, to make sure that residents are receiving the nursing home care that they lawfully deserve. Cuomo and his team are reportedly setting a precedent in this country, for using surveillance cameras to investigate the possible nursing home abuse and neglect of patients in nursing homes. The MFCU has, to date, convicted 30 nursing home workers based on the results of the hidden cameras.

The first case announced this week involved the arrest of 14 health care workers at Northwoods Rehabilitation and Extended Care Facility, after six weeks of footage revealed that the workers failed to consistently turn residents who were immobile, neglected to check or care for bedsores, routinely failed to give patients necessary medications, or check residents for incontinence and change residents’ undergarments in a timely manner. The medical records were also allegedly falsified to reflect a level of care that was not being administered.

The second case involving incidents at Williamsville Suburban Nursing Home, lead to the arrest of 8 workers. The investigation took place over a seven-week period of time, and revealed that staff failed to use a mechanical lift assisted by two other caregivers to properly transfer residents to and from the bed—causing a great potential for nursing home falls and injury. The footage also showed that patients weren’t given insulin, weren’t treated for wounds on the skin, and weren’t checked for vital signs, or given range of motion exercises. The resident’s medical records were also falsified to conceal neglect.

Continue reading "NY Nursing Home Hidden Cameras Capture Neglect—22 Health Care Workers Arrested" »

In recent national news that our Maryland-based Nursing Home Attorneys have been following, two nursing homes have settled in a wrongful death lawsuit, after the family of a resident sued the homes for not providing adequate care, and acting with nursing home negligence.

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.

Continue reading "Pressure Sores Lead to Wrongful Death—Nursing Homes Settles Suit with Family" »

In a recent article discussing decubitus ulcers, a leading cause of nursing home injury and death in this country affecting nearly one million Americans every year, our Maryland-based attorneys from Lebowitz and Mzhen, LLC have read about another tragic case, where a resident of a nursing home developed multiple non-healing pressure ulcers that allegedly lead to his death.

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.

Continue reading "Pressure Ulcers Claim Resident’s Life—Nursing Home Sued for Negligence" »

Our nursing home abuse and neglect lawyers in Maryland and the Washington D.C. area have been following the news of a lawsuit settlement announced yesterday between five Missouri-based nursing homes, the operator of the homes, and federal prosecutors. The homes were charged with severe negligence, inadequate care, lack of staffing, and complaints of fraud.

The five nursing homes are all operated by Cathedral Rock of Texas, but are located in Missouri. According to the Star-Telegram, the nursing home company acted with severe nursing home neglect, by leaving nursing home residents’ skin sores untreated for so long that they became infested with maggots and amputations were necessary. The staff was also accused of not bathing, feeding, or providing the proper bathroom accommodations for the nursing home residents.

In the plea agreements, the company admitted that the homes were not equipped with enough staff to provide adequate nursing home care and that residents often did not receive required medication or proper wound care treatment. The company also admitted to doctoring the medical records to give the appearance that all patient medications had been administered, regardless of whether they had been given or not. The nursing home was also charged with cheating Medicare and Missouri Medicaid, by submitting fraudulent claims for services that weren’t provided or were of no value.

Cathedral Rock of Texas pleaded guilty to felony health care fraud, and C. Kent Harrington, a majority owner in Forth Worth, entered a plea agreement that will require him to pay, along with Cathedral Rock, $1 million in criminal fines. Harrington and the nursing home company must also pay $628,000 to resolve civil allegations of fraudulent claims made to Medicare and Missouri Medicaid, as well as implement programs that protect nursing home residents from abuse and neglect in the future.

Continue reading "Nursing Homes and Operator Admit to Fraud and Negligence in 1.6 Million Settlement" »

As Maryland Nursing Home Negligence and Abuse Attorneys, we have been following the recent lawsuit filed against Caseyville Nursing and Rehabilitation Center—where a nursing home resident died after the staff at the center allegedly neglected to treat her multiple bedsores while she was a resident at the facility.

According to the lawsuit, Theresa Steiner was admitted to the nursing and rehabilitation center as a patient on December 12, 2008. She entered the home with pre-existing decubitus ulcers, or pressure sores— three on her buttocks that were stage II, and pressure sores that had developed on both heels after staying for a week at Anderson Hospital for abdominal bleeding.

One week later, Steiner's buttock ulcers had developed into stage IV bedsores, there were multiple sores on her heels, and she had developed sepsis, one of the greatest dangers of an advanced pressure sore—when bacteria enters the bloodstream and spreads throughout your body. Sepsis is a potentially lethal condition that progresses quickly and can cause organ failure.

Steiner was taken to the hospital on December 19, 2008, and died on January 7, 2009 from sepsis and acute respiratory failure. Steiner’s son accuses the center of nursing home negligence—for failing to screen his mother bedsores properly before entry, for properly treating the bedsores, and for failing to alert Steiner’s doctor on the seriousness of her the bedsores to prevent further deterioration. According to the suit, the facility did not have a nurse on staff that specialized in wound care, and who was properly trained in treating pressure sores.

Continue reading "Wrongful Death Lawsuit Accuses Nursing Home of Bedsore Negligence" »

A recent report that our nursing home abuse and neglect attorneys have been following gives an expert recommended list of ten top considerations for choosing nursing home care.

• Discuss with the resident what their goals and expectations are proactively, before the resident goes into the home. Also discuss the diagnosis with health-care providers to determine what kind of care is needed: from a nursing facility, to community based-care, long-term care, or other possible institution options.

• Always start looking for an establishment that is close to family and friends, so visitation is easy and accessible.

• Search the Nursing Home Compare Website, which lists Medicare-and Medicaid certified facilities with Five-Star ratings that compare national quality standards on short-term as well as long-term care.

• Always meet with the administrator, to discuss care planning, safety systems, wander alerts, specialized services, policies and the cost. Also ask about policies on physical and chemical restraints, as well as the nursing facilities’ history of bedsores or decubitus ulcers.

• Visit the home at least twice to check the level of care—both at busy times, as well as times when the staff is less busy. Try to witness the level of care during mealtimes, as well as early evenings, or just before a staff shift change.

Continue reading "Top Ten Important Considerations for Choosing a Nursing Home" »

As Maryland Nursing Home Neglect Attorneys, we have been following the recent nursing home neglect case ruling against Rosewood Care Center on behalf of Catherine Taylor, a patient who died in 2004 at the age of 88 from bed sore complications during her stay at the Illinois facility.

Taylor was a resident of Rosewood Care Center, in July and August of 2004, and was taken to Provena Saint Joseph Medical Center in August for a treatment to remove bedsores and treat bone infections that developed, according to the suit, as a result of being confined to her bed without proper nursing home care. She had allegedly developed a bedsore on her backside that was the size of a fist, and died in December 2004 at the age of 88 from complications of the bedsore infection.

On Monday of this week, a jury ruled against Rosewood Care Center, and awarded the family of Catherine Taylor $51,000 in damages. The center is also responsible for covering all attorney fees over the past five years of the lawsuit.

Bedsores, also known as decubitus ulcers or pressure sores, are a major problem in nursing homes, causing injury and death to nearly one million Americans every year. When residents are left sitting or lying in the same position for long periods of time, the skin starts to break down, causing pressure sores which can lead to bone infections, or osteomyelitis—an inflammation of the bones caused by a bacteria that enters the body through the wound and attacks the bone. Once the bone becomes infected, an abscess can develop, resulting in the loss of blood supply that hinders the natural healing ability of the body.

Osteomyelitis can be treated with antibiotics, yet some cases require surgery to remove the dead tissue, bone, and fluid from the area around the bed sore with a scalpel, so the skin can heal. The mortality rate reported for residents with osteomyelitis is extremely high.

Continue reading "Jury Finds Nursing Home Negligent in Resident's Death" »

In a previous post from this week, our Maryland Nursing Home Abuse and Neglect Lawyers discussed the serious problem of Decubitus ulcers in nursing homes—pressure sores or bedsores that develop when immobile residents go for too long without being moved.

If a decubitus ulcer is not detected, the nursing home injury can become infected and progress to a more advanced stage, causing extensive damage to the deeper structures under the skin. These infections are often very difficult and painful for nursing home residents, as they take a long time to heal, and can cause complications, or even death.

One serious complication that comes from pressure sores is blood poisoning, or septicemia. Many residents also develop osteomyelitis, an inflammation of the bones that is caused by bacteria that enters the body through the open wound and attacks the bone. If not treated, osteomyelitis can spread into the bone marrow and the surrounding joints. The mortality rate for people with osteomyelitis is extremely high.

Treatment of serious decubitus ulcers may include drying out the wound, or surgical debridement, where a surgeon uses a scalpel to remove the dead tissue, bone and fluid from the area around the bedsore, and administers systemic antibiotics to the resident.

Surgical debridement of the bedsore can also be accompanied by ‘flap reconstruction’ to cover the open wound with healthy tissue to avoid infection. The surgery is done to make sure that the skin is free of dead or damaged tissue, to promote healing. This reconstruction is considered a last resort in cases involving advanced stage bedsores, as it has an extremely high complication rate, and recovery from the procedure is often slow and painful.

Continue reading "Nursing Home Injury and Wrongful Death from Decubitus Ulcer Complications" »

Decubitus ulcers, also known as bedsores or pressure sores, are a serious problem in nursing homes today—a leading cause of nursing home injury that affects nearly one million Americans every year. Decubitus ulcers develop when the blood supply to a resident’s skin is cut off, due to unrelieved pressure on the skin, from staying too long in one position without movement or shifting weight.

All stages of decubitus ulcers are preventable, as long as nursing home residents are provided with appropriate care. Elderly residents in nursing homes who are immobile or confined to wheelchairs are some of the most vulnerable to pressure ulcers, and the frequency of these sores can be seen as an indicator of the quality of care in many nursing home facilities. Many advanced decubitus ulcer cases are often the result of nursing home abuse and neglect, and can end in wrongful death.

According to data from the National Nursing Survey from 2004, one out of ten nursing home residents in this country have pressure sores. Of the study’s 1.5 million nursing home residents evaluated, 159,000, or 11%, had pressure ulcers. Around sixty thousand people die each year from complications of some of the more advanced stages of bedsores.

When residents are left lying or sitting for long periods of time in the same position, their skin begins to break down, and pressure sores can quickly develop. Pressure ulcers commonly develop over bony areas that are close to the skin and are less padded by muscle and fat—like heels, ankles, hips, tailbones, shoulders, elbows, backs, and the back of the head. One small irritation can quickly develop into a crater that is painful, difficult to heal, and can become a life-threatening nursing home injury.

Continue reading "The Risk of Decubitus Ulcers—Resident Abuse and Negligence in Nursing Homes" »

In a tragic case that our Maryland-based Nursing Home Abuse and Neglect Lawyers have been following, Everett Care & Rehabilitation Center, a Washington state nursing home, is being sued for abuse and negligence, for failing to care for 97-year old resident Charles Bradley—who suffered from an untreated penile infection that allegedly caused his death.

Bradley entered Everett Care & Rehabilitation when he was 93, in the winter of 2004. He lived in the nursing home until two weeks before his death, in March 2008, when Bradley was suddenly taken to the emergency room. Upon admittance to the hospital, doctors discovered a life threatening penile infection that caused his genitals to disintegrate, leaving nothing but a gaping wound. The court documents claim that Bradley’s wound went untreated for months in the nursing facility, and developed into severe penile cancer. Bradley died 18 days after entering hospital.

The lawsuit, filed this month by Bradley’s son in Snohomish County Superior Court, claims that the nursing home allowed the injury to continue to develop for months, without properly caring for Bradley, or reporting the wound to the doctors or family—violating the center’s promise to care and protect for elderly residents. Bradley’s family trusted that the center would provide him with the best care as promised, but they claim the nursing home neglected Bradley’s basic daily needs.

According to the suit, in November 2007, the staff at the nursing home noticed skin breakdown while changing Bradley’s diaper and reported the problem to a care manager, who failed to alert his doctor. Four months after this report, Bradley’s skin continued to break down in his genital region, and he started to lose large amounts of weight. Two weeks before he was taken to the hospital, the staff allegedly reported the skin breakdown one more time, but the managers again ignored the problem. By the time he reached the hospital on March 13, 2008, he was diagnosed with an infected wound, that doctors later diagnosed as severe penile cancer.

Washington State Department of Social and Health Services (DSHS) began investigating Bradley’s case before his death, and issued a citation to the center for failure to follow the quality of care standards required by law. The DSHS claimed that there was no evidence that the home had ever reported Bradley’s condition to the family, the facility’s doctor, or their social services department—necessary for a life-saving intervention. The center was cited and forced to take corrective action.

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Our Maryland Nursing Home Injury Lawyers have been following a recent case in which Ruxton Health, a local nursing facility in Virginia, has been charged with another wrongful death lawsuit—the third nursing home injury lawsuit from this year.

Bob Wiggins filed the civil lawsuit last week on behalf of his mother, Lorina Wiggins, who had been under Ruxton Heath’s care for a year when she was brought to the emergency room in March 2008 with deeply infected bedsores. Wiggins, who was 84 at the time, died a week later from complications of these wounds.

This nursing home injury lawsuit claims that one of the seven bedsores that Wiggins developed over the year that she was cared for at Ruxton Health, had become so deeply infected that in the course of three months it exposed her ankle bone.

Bob Wiggins claims in the suit that he was never informed about his mother’s infected bedsores that advanced to a deadly degree during final few months of her life. When he was unable to visit the facility in person, he claims that when we could call to check on her, he was incorrectly reassured by the Ruxton staff that she was doing “fine” and had “no problems”.

When Lorina Wiggins entered the nursing home, she was at high risk for skin breakdown, and according to the suit needed specific nursing home care to prevent any sores or lesions from developing, which included being physically moved every few hours.

The lawsuit is seeking $35 million from Ruxton Health and former nursing home administrator Sue Myatt.

The Wiggins case is the third nursing home wrongful death lawsuit brought against Ruxton Health this year. The first wrongful death lawsuit was filed on behalf of Lillian Funn—who died from skin ulcers and multiple nursing home bedsores in 2008.

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As Maryland Nursing Home Abuse and Neglect Lawyers, we support the rights for Maryland residents to receive quality care, and be protected with treatment that is free from criminal acts, abuse, and the kind neglect that often results in injury or wrongful death. Under the Nursing Home Reform Act of 1987, all residents living in nursing homes or long-term care living facilities are entitled to receive this quality of care and attention in an environment that improves and maintains their mental and physical health.

Nursing home abuse and neglect occurs when a facility fails to protect and care for the residents, by paying proper attention to situations that could cause harm or pain. In an effort to educate families and consumers, and protect residents' rights, the National Consumer Voice for Quality Long-Term Care (NCCNHR) publishes a consumer fact sheet aimed to prevent future nursing home abuse and neglect violations. The NCCNHR reports these common violations:

• Poor positioning of the body, which can lead to bedsores and frozen joints.

• Lack of cleanliness, hygiene, and proper toileting—causing incontinence, falls, bedsores.

• Resident malnutrition and dehydration

• Not assisting residents with walking, which can lead to immobility, and falls

• Abuse from a staff member, visitor, or intruder—which can involve using physical force in feeding, while administering medicine, or while moving a resident

• Ignoring, antagonizing, or depriving a resident of adequate needs, which can lead to emotional and psychological abuse.

• Inappropriate sexual touching or forcing residents into performing sexual acts

Other common nursing home injury violations to be aware of include failure to supervise residents adequately, administer proper medication to each resident, and provide patients who are mentally ill or who have dementia with special attention and care.

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