Maryland Nursing Home Lawyer Blog

A jury in Pinellas County, Florida rendered a $200 million verdict against the parent company of a nursing home. The lawsuit stemmed from the 2004 death of a resident who fell down a flight of stairs in a wheelchair. The case is particularly interesting not only because the verdict might be the largest in Florida history, but also because no one appeared at trial on behalf of the defendant.

In October 2004, 92 year-old Elvira Nunziata “slipped away” from a group of residents at Pinellas Park Care and Rehabilitation Center, according to the Tampa Bay Times. She entered a stairwell and, still strapped into her wheelchair, fell down about ten stairs. Staff did not notice her absence for at least an hour, and she died soon after the paramedics arrived. Former employees testified that the door to the stairwell should have been locked, but that staff would often leave the door unlocked so they could use it for smoke breaks.

The nursing home reportedly had a history of citations by the state for various violations, as well as complaints for abuse. Former aides said that the nursing home was often understaffed. Testimony at trial also indicated that Nunziata, who began living at the nursing home in August 2003, had a history of illnesses, falls, and other injuries, and was beginning to experience symptoms of dementia. Staff was allegedly aware of Nunziata’s tendency to wander off and did not adequately monitor her. She reportedly had alarms on her wheelchair and clothing that should have alerted staff of her whereabouts.

Nunziata’s son filed suit on behalf of her estate in 2005. The nursing home was managed by Trans Health Management, Inc. The company no longer manages the home, and is now defunct. Its parent company, Trans Health, Inc., is currently subject to a Maryland receivership. This led to interesting questions of liability during the course of the lawsuit. An attorney representing the management company tried to delay the trial on behalf of the receivership, but the trial judge denied the motion.

Continue reading "Jury Awards $200 Million in Nursing Home Wrongful Death Case Where Defense Did Not Show Up" »

As our Baltimore, Maryland accident lawyer blog recently reported, the family of an elderly nursing home resident whose wrongful death lead to a nursing home abuse and negligence lawsuit, was awarded $91.5 million earlier this month, after a Charleston, West Virginia jury found Heartland of Charleston nursing home and its corporate owners guilty of negligence—a verdict that the nursing home owners are likely to appeal.

According to the lawsuit, in September of 2009, Tom Douglas placed his mother Dorothy, who suffered from dementia, Parkinson’s and Alzheimer’s disease among other conditions, in Heartland of Charleston nursing home temporarily—until there was room for her in a nearby facility that specialized in Alzheimer’s disease healthcare and treatment.

Before placing Douglas in the home, her son claimed that his mother had lived with he and his family, experiencing improved health conditions that included walking, speaking and even recognizing her own family members.

Three weeks after Tom Douglas placed his 87-year old mother into the nursing home he reportedly found out that she was confined to a wheelchair, and suffered from malnutrition, and dehydration. By the time she was transferred to Heritage Center, the nursing home specializing in Alzheimer’s Disease healthcare, Douglas was reportedly unresponsive, had lost fifteen pounds and suffered such severe dehydration that she died the following day after her nursing home transfer.

Continue reading "Nursing Home to Appeal $91.5 Million Negligence and Wrongful Death Settlement" »

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 a recent Hartford County nursing home lawyer injury blog, our attorneys discussed the problem of falls in nursing homes, with over 300,000 individuals over the age of 65 experiencing a hip fracture every year, often leading to injury or even death.

According to a recent University of Maryland School of Medicine study, hip fractures continue to be a major challenge among older individuals and will continue to grow rapidly as our population ages. The study discusses the opportunity available for the medical community to help prevent falls, by intervening and taking precautions with the elderly population.

The study recommends the following interventions:

• Screening for and treating osteoporosis in elderly patients, especially elder men who are rarely diagnosed for osteoporosis, even after an osteoporotic fracture.
• Nutritional interventions have proven to be effective in preventing hip fractures, including the appropriate levels of vitamin D and calcium, as the majority of elderly individuals who are at-risk for falls and fractures have a deficiency in key nutrients.
• Behavioral exercises that include physical activity encouraging walking, weight-beating activity and resistance training have been linked to the reduction of nursing home falls and fractures.
• Other prevention strategies to decrease falls include reducing the number of medications, especially sedatives, sleeping pills, antihistamines, or psychoactive drugs, as well as modifying an elderly person’s home to avoid fall hazards, especially with a person who has previously fallen or is at-risk for falling.

The study hopes that by implementing fall-related interventions, future generations of elderly individuals will be better able to handle the traumatic falls without injury because of better bone health and strength. Also, the study states that with continuing research, experts will be able to identify new approaches to the treatment and rehabilitation of individuals who have suffered from hip fractures in order to improve quality of life and reduce the problem of fall-related injuries on individuals, their families and on society as a whole.

Continue reading "Prevention of Nursing Home Falls and Hip-Fractures in the Elderly" »

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" »

In recent news that our Maryland nursing home neglect lawyers have been following, a Convalescent Center is being sued by the family of a resident, after alleged nursing home negligence led to the decline of health of the resident's health.

According to the lawsuit, Helen Hammes became sick after receiving improper care while she resided at the care facility. The lawsuit claims that the home failed to develop a care plan that was comprehensive, failed to transfer Hammes to another nursing facility, and neglected to monitor her bowel movement after showing signs of polyuria, a problem with the overproduction of urine. The home is also being accused of failing to follow the physician’s orders by performing a rectal exam, and failing to discontinue diuretic therapy even after the patient experienced dehydration.

The lawsuit claims several violations of the state Nursing Home Care Act, and claims that Hammes suffered physical pain and developed sepsis as a result of the improper care.

As our lawyers have reported in a previous Maryland nursing home blog post, sepsis is a deadly blood disease that develops when an infection in the body spreads quickly—causing blood poisoning, tissue damage and often organ failure. It is reported that every year, over 200,000 people die from different forms of sepsis. Sepsis is dangerous with nursing home residents, as their immune systems are often weak.

Continue reading "Resident Dies From Sepsis—Home Sued by Family for Negligence and Wrongful Death" »

In recent news that our Baltimore nursing home lawyers have been following, a nursing home resident's daughter in a Chicago-area home claims that the nursing home neglected to investigate symptoms of her mother’s illness—that allegedly lead to the resident’s wrongful death.

According to Jodine Murphy Sistek, who has filed a wrongful death lawsuit against Sunny Hill Nursing Home, her mother, Pauline Benedict lived as a resident at the home for over three years. In the days before her death, Benedict reportedly complained to the nursing home staff of stomach pains that according to the wrongful death lawsuit, were symptoms of a bowel distention.

Sunny Hill is being accused of ignoring Benedict’s stomach pain complaints, neglecting to tell her physician or family about her medical condition, and failing to immediately send the resident to the hospital. Benedict was reportedly taken to the hospital on July 8, 2009, and died the following day.

If a Baltimore, Maryland nursing home fails to protect residents from developing symptoms that can result in personal injury or wrongful death, the nursing home could be held liable for nursing home negligence or wrongful death. At Lebowitz and Mzhen, LLC, our attorneys represent victims and their families in the state of Maryland and the Washington D.C. area who have suffered from nursing home negligence and harm. Call our lawyers toll-free, at 1-800-654-1949, for a free consultation about your nursing home rights.

Continue reading "Daughter Sues Sunny Hill Nursing Home for Wrongful Death, Negligence" »

According to a recent Baltimore County nursing home lawyer blog entry, our attorneys discussed recent cases of nursing home abuse and negligence, where hidden cameras or “Granny Cams” were used in nursing homes by families who suspected that their loved ones were being treated with abuse or negligence, and didn’t trust the nursing home staff responsible for their healthcare and safety—filing lawsuits after the abuse was revealed on-camera.

In another recent nursing home abuse lawsuit, the children of an 87-year-old resident of a New Jersey nursing home have sued the home for wrongful death, after the children caught the their mother, who suffered from Alzheimer’s disease, being physically abused by a nurse on a hidden camera placed in her room—which they claim led to her death.

The resident's children reportedly suspected that their mother was being abused by her nurse, and installed a hidden camera to protect her health and safety. The camera footage reportedly showed the nursing home aide removing the victim’s oxygen mask and negligently, recklessly, and intentionally hitting and abusing her while she was supposed to be providing proper healthcare.

The victim’s family claim that this kind of abuse made their mother suffer, and violated her rights as a citizen and as a nursing home resident—as all nursing home residents under law are entitled to receive quality care and attention in an environment that improves and maintains the quality of their mental and physical health.

Continue reading "Family Installs “Granny Cam” to Catch Nursing Home Abuse—Sues for Wrongful Death" »

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" »

Last year’s east coast heat wave in July led to the closing of Baltimore, Maryland’s Ravenwood Nursing Home and Rehabilitation Center, as our Baltimore nursing home lawyer blog discussed, moving 150 residents out of the facility, as well as 70 residents from Liberty Health and Rehabilitation Center, after the air condition systems in both homes experienced malfunctions, failing to keep residents safe and cool in the dangerous heat.

Maryland officially issued a “Code Red – Heat Alert” cautioning all licensed health care and residential facilities in the state to implement the necessary precautions to make sure to protect the health and safety of all residents inside, while the outside temperatures were hovering at around 100°F.

Earlier this month, Milwaukee, Wisconsin health officials also warned residents to use caution in the current heat wave, as a nursing home resident was left in the scorching heat by caretakers for over three hours, which could have caused his wrongful death.

Martin Belkin, a 69-year-old resident who lived at Sunrise Care Center, reportedly asked to be taken outside to enjoy the warm summer weather. Belkin was left sitting from 2:45 p.m. until 6 p.m. and was unsupervised, according to the Medical Examiner’s office.

Continue reading " Nursing Home Resident Dies in Heat Wave—Home Investigated for Negligence" »

According to a recent Los Angeles Times report from the American Psychiatric Association’s annual meeting, the United States needs to prepare itself for the growing number of elderly people with dementia and other mental illnesses—as the first group of baby boomers are turning 65 this year.

The problem, according to the report, is not due to an increase in mental illness with older people— but rather that 20% of this country’s population will be 65 and older by 2030. This will be a 12% increase from now.

The average life expectancy is also increasing with seniors, so elderly people who suffer from mental problems like dementia or Alzheimer’s Disease are living longer, with illnesses that can cause forms of behavior that are aggressive, with disorientation, delusions, nursing home wandering and other behavior, leading to harm or resident injury.

A recent Queen’s Medical Center study in Honolulu, Hawaii, found that the number of senior patients with mental illnesses receiving emergency treatment has spiked, with a 30% jump from 2008-2009. Many elderly patients were reportedly brought into the hospital by caregivers or family members who were unable to deal with the severe symptoms of the mental illnesses, and were exhausted or overwhelmed by the caregiving. The study found that emergency room treatment often occurs after many attempts of local placement for the senior.

Continue reading "Psychiatric Report Says U.S. Needs to Prepare for Increase of Elderly Dementia" »

In a recent Talbot County, Maryland nursing home lawyer blog, our attorneys discussed a devastating nursing home wandering case, that was allegedly caused by negligence and resulted in the resident's wrongful death.

Nursing home wandering frequently occurs with residents who are suffering from Alzheimer’s disease or dementia, and suffer from confusion and disorientation. It is important for nursing homes to recognize residents who are at-risk for nursing home wandering and falls to prevent patient injury or wrongful death.

In another tragic nursing home wandering case, a home was recently fined over $20,000 after an elderly blind resident with dementia wandered from the Kernersville home and drowned in a puddle around 200 feet away from the facility.

The resident reportedly approached the staff in the home’s lobby three times late in the evening, each time in a disoriented state, wanting someone to take her across the creek to the next county. The staff reportedly took the resident back to her bed each time, where she remained until they did the 2 a.m. bed check.

According to the state investigation, the resident left the building sometime between 2 a.m. and 4 a.m. The alarm on the door did not turn off, as it had been reportedly deactivated so staff could go outside for smoking breaks. The staff allegedly neglected to turn the alarm back on.

Continue reading "Dementia Patient’s Wandering Leads to Death—Nursing Home Fined $20K for Negligence" »

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 yet another nursing home fall and wrongful death lawsuit that our Frederick County, Maryland nursing home attorneys have been following, a Texas nursing home is being sued by the daughter of a deceased resident for negligence.

According to the lawsuit, Miriam Davis is suing Friendswood nursing home for negligence, after her mother died from multiple falls while she was a resident in the nursing home. Davis claims that the nursing home admitted her mother, Virginia Melghem, in November 2009, even though they were aware that she was at-risk for falling, and that they could not properly care for, supervise, or monitor her mother’s needs for safe care and nursing home treatment.

Davis claims that she was told her mother would receive proper care that would be administered to her in a manner that was appropriate to her physical and mental condition. As a resident however, Davis claims that her mother went on to sustain injuries and trauma that included multiple nursing home falls, that last of which led to a broken hip. After her last fall, Melghem died one week later.

According to the CDC, 20 - 30% of elderly people who fall, experience moderate to severe fall-related injuries such as fractured hips, lacerations, or traumas to the head—which can increase the risk of early death. The CDC also claims that the death rates from falls with elderly men and women have spiked over the past decade.

Continue reading "Daughter Sues For Nursing Home Negligence After Mother’s Fall-related Death" »

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" »

Our Washington D.C. nursing home injury attorneys recently discussed the problem of fall-related injuries across the country, and the importance wellness and prevention education plays in keeping elders out of the hospital and nursing homes.

Much of the work of preventing falls with the elderly starts with always reporting any change in health conditions to doctors, like dizziness, and reporting previous falls. Other recommendations include daily exercise and hydration, and having regular eye exams, along with working with a doctor to minimize or revise medication management to work best for the individual. Other expert suggestions include having railings and bars installed in houses and showers, keeping clutter off the floor, avoiding any clothing that is loose or could cause a senior to trip, and for homes to be very well-lit. Other advice includes creating an emergency plan in case of a fall—like having seniors wear a medical device that would call for emergency attention.

In a recent Washington D.C. nursing home lawyer blog, our attorneys discussed the CDC’s recommendations on how to prevent nursing home falls, which include assessing each resident after a fall to discuss the senior’s medical conditions and risk factors, by discussing potential risks with falling, and reviewing prescribed medications. The CDC also advises that if a senior is recovering from a fall, that the nursing home, hospital or rehab facilities should provide a safe environment to residents who are prone to falling—including raised toilet seats, safety handles and bars in rooms and bathrooms, handrails, adjustable bed heights that can be lowered, and padding to prevent injury. The CDC also recommends using alarm devices that are triggered when a patients attempts to get out of bed without assistance.

If someone you know in the Washington D.C. area has experienced nursing home or hospital falls that could be due to negligence, call our attorneys at Lebowitz and Mzhen, LLC today for a free consultation, at 1-800-654-1949.

Continue reading "The Problem of Fall-related Injuries in Nursing Homes and Hospitals" »

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" »

In recent news, that our nursing home injury attorneys based in Baltimore, Maryland have been following, the Motion Picture & Television Fund’s nursing home is being sued for negligence by the family of a nursing home resident who reportedly died after suffering from a nursing home fall.

According to the Los Angeles Times, the family claims that the nursing staff failed to properly care for and monitor Carrie Delay, an 89-year old patient at the home who suffered from Alzheimer’s disease and was bound to a wheelchair. Delay reportedly fell in the stairwell between the first and second floors of the nursing home, fracturing her spine, along with sustaining other critical nursing home injures that her family allege caused her death the following week.

The nursing home is being accused of nursing home neglect, elderly abuse, and wrongful death, and the family’s suit is seeking unspecified punitive damages.

The Carrie Delay incident was reportedly the most serious to date at the facility, which has faced repeated complaints from family members that the quality of elder care has diminished since the fund announced that the nursing home and hospital would shut down. The home has also received two fines from the Department of Public Health for failure to prevent resident falls and serious injuries.

Continue reading "Nursing Home Fall leads to Wrongful Death Lawsuit Against Motion Picture & Television Fund" »

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" »

Elder abuse, as our Baltimore nursing home abuse attorneys have reported in a related Maryland elder abuse blog, is a term used to refer to any treatment by nursing home staff, a health care provider, or any other person that is negligent, intentionally causing harm or a great risk of harm to an elderly adult who is vulnerable.

According to the NCEA, research indicates that more than one in ten elders experience abuse, with only one in five reported every year. The White House reports that every year approximately 700,000 to 3.5 million elderly Americans are abused, exploited and neglected. Studies show that elders are often abused by the very people that they trust the most, like spouses, family members, personal acquaintances or professionals in a position of trust.

According to the NCEA and the National Consumer Voice for Quality Long-Term Care (NCCNHR), types of elder abuse include physical, emotional, verbal, mental, psychological, and sexual abuse, as wall as exploitation, neglect, abandonment, or intimidation.

Elder abuse can happen anywhere, in nursing homes, healthcare facilities or in the community, and is a problem that remains to be under recognized, causing elders to experience consequences that can lead to personal injury or even wrongful death.

Continue reading "Elder Abuse—a Rampant Problem in Nursing Homes" »

Another assisted living facility in Illinois has been sued for negligence, according to a Madison Record news story that our Maryland nursing home injury attorneys have been following, after a resident died from health complications and injuries sustained after tripping on a telephone cord in the home’s walkway.

According to the lawsuit, Cambridge House of O’Fallon and BMA management are both being sued by David L. Hubert, a relative of Anastasia J. Hubert, who reportedly sustained a spinal fracture as a result of the nursing home fall.

The assisted living home is being blamed for nursing home negligence, for leaving a telephone cord in the hallway near a nurse’s desk that was unprotected and exposed, allegedly tripping the resident as she walked by the nurse’s desk.

Hubert claims that Hubert's injuries were a great source of pain and suffering and caused her to sustain a major loss of her normal life, along with major medical costs. Her family also claims that as a result of Hubert's death, they have suffered the emotional loss of her company.

The CDC reports that over 1,800 residents die each year from falls in nursing homes. Personal injuries sustained from nursing home and hospital falls can be debilitating and expensive for adults to face. As the CDC reports, nursing homes should try to prevent falls by addressing the medical conditions of each resident, as well as identifying the potential risk factors, to ensure that assisted living facilities and hospitals are safe for residents who are at-risk for falls—providing environments that are free from personal injury or wrongful deaths often associated with falls.

Continue reading "Assisted Living Center Faces Lawsuit After Resident Dies From Tripping on Phone Cord" »

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" »

Nursing and rehabilitation center falls continue to be a serious problem for residents who are recovering from surgery, weak, and have difficulty walking or caring for themselves. As our Washington D.C. nursing home negligence attorneys have stated in a blog, nursing home falls can be frequent, painful, debilitating, and can lead to death, with over 1,800 residents dying each year from falls in nursing homes, hospitals and rehabilitation centers, according to the CDC.

In recent news, the family of nursing and rehabilitation resident Robin Volpe has been awarded over $1 million, after the family brought a wrongful death case against the Heather Knoll Nursing and Rehabilitation Center, operated by Sprenger Health Care Systems.

According to the original lawsuit, Volpe entered the rehabilitation center to recover from back surgery of 2006. In July, Volpe reportedly fell while leaving her bed to go to the bathroom, breaking her wrist, hip, and striking her head—injuries that her family claim led to her death one week later. The jury stated that Volpe was left unattended for 2.5 hours before enduring the fall, which led to her leaving her bed. The jury claimed that the center should have a system in place to warn staff if the patient leaves the bed, to reduce nursing home falls and injury. The nursing home is reportedly appealing the case, claiming that a bedside button was available for her to ask for assistance and wait for help.

If a Maryland nursing home or rehabilitation resident becomes injured or dies because the home failed to protect the safety and health of the resident, the nursing or rehabilitation home could be held liable for negligence or wrongful death. Our Baltimore-based attorneys at Lebowitz and Mzhen, LLC represent victims and their families that wish to recover personal injury compensation from nursing home negligence and harm. Call us today at 1-800-654-1949.

Continue reading "Jury Awards $1M to Family in Nursing Home Fall and Wrongful Death Lawsuit" »

In a recent wrongful death lawsuit development that our Hartford County, Maryland nursing home attorneys have been watching, an Illinois nursing home has been accused of negligence and improper care that reportedly caused the death of a resident living in the home.

According to the complaint, Doris Schaepperkoetter entered The Lincoln Home, a long-term care facility in July of 2008. The executor of the estate, Carol Keifer, claims that from the time she entered the home until her death in January of 2010, she was not given the proper nursing home care that she was expected to receive by law.

While a resident at the home, Schaepperkoetter reportedly suffered from dehydration, hypoxia and sepsis, a dangerous infection of the blood that forms a massive infection in the body, resulting in blood poisoning, and is often associated with nursing home neglect and abuse. Sepsis can be a lethal condition if it progresses rapidly, and can lead to organ failure. According to the complaint, the combination of sepsis, dehydration and hypoxia caused her death.

Keifer is accusing the nursing home of wrongful death and nursing home negligence, and claims that The Lincoln Home Inc. and its owner, Weiss Management Group LLC, violated the Illinois Nursing Home Care Act, a law that protects residents in long-term care facilities from abuse and neglect.

Continue reading " Nursing Home Sued for Wrongful Death After Resident Dies from Sepsis, Dehydration" »

In a recent Maryland nursing home lawyer blog, our attorneys discussed the use of hidden cameras or “Granny cams” in nursing homes, and how one hidden camera investigation led to the arrest of twenty-two healthcare workers, after the video showed rampant nursing home neglect and abuse.

A residential care home in California has recently been shut down after the grandson of an elderly resident captured footage on his small “granny cam" that reportedly showed his grandmother being abused by the staff, treatment that according to the resident’s family led to her wrongful death while she received care in the elderly home.

Shortly after Kyong Hui Duncan moved into Fair Oaks elderly care, her grandson installed a camera by the bed to ensure that his grandmother did not experience any nursing home abuse or negligence. But when he visited his grandmother, Seah Suh would often find the camera unplugged.

After Duncan died, Suh reportedly discovered footage that captured Duncan being moved to and from her wheelchair in a violent manner, with abusive shaking by a staffer. The staff members are also being accused of improperly restraining Duncan, and failing to care for her in a fast enough manner after she had fallen. After seeing the footage from the "Granny Cam" the California Department of Social Services investigated the home, ordering that the home’s operators close their doors. The state is also reportedly moving to permanently revoke the home’s nursing home license.

Continue reading "“Granny Cam” Footage Captures Nursing Home Abuse and Neglect—Shuts Down Home" »

As our nursing home attorneys in Charles County, Maryland have discussed in a previous blog post, falls in nursing homes and hospitals are a major problem today, with over 1,800 residents dying each year due to fall-related injuries, according to the CDC. Although only five percent of adults who are 65-years-old or older live in nursing homes, these people account for 20 percent of the fall-related fatalities.

The CDC reports that elderly residents and patients often fall more than once, with an average of 2.6 falls per person per year. This was allegedly the case with Gladys Feran, a resident of Larchwood Village Retirement Community, whose family is now suing the facility for neglecting to disclose that their mother had experienced 17 falls in 16 months, including the last nursing home fall, which reportedly contributed to her death.

Although people living in nursing homes are among the most frail and at-risk for falls, Feran's family was reportedly shocked not only at the number of falls their mother experienced, but the failure of the nursing home to tell them about the falls.

Larchwood Village was cited by the state for not reporting a fall from 2008 that led a broken hip and collarbone for Feran. Feran reportedly fell while pushing another resident in a wheelchair, which her family later found out wasn’t the first time she had fallen from this kind of activity.

In April 2009, Feran experienced her final nursing home fall while turning off her television and after being checked out by a nurse, was put back on the couch. Feran was taken to the hospital one week later after experiencing serious pain, where she was diagnosed with a fractured pelvis. Two weeks later, Feran reportedly died of a lung infection that the coroner ruled was linked to the broken pelvis.

Continue reading "Undisclosed Nursing Home Falls Lead To Lawsuit After Resident’s Death" »

In a recent lawsuit that our Washington D.C. nursing home attorneys have been following, an Illinois nursing home has recently been sued for nursing home neglect for failing to properly care for a resident and to detect healthcare problems that allegedly led to the resident’s death.

According to the lawsuit, 63-year-old Carol Harrison was admitted to Maple Ridge nursing home in June of 2009 in an effort to help wean her from the ventilator that she was put on after going into a coma during an operation performed to remove a tumor from her lungs. The operation was reportedly successful, and after she emerged from a coma, Harrison was expected to recover and return home.

The lawsuit, filed by Harrison’s husband Thomas Harrison, claims that while a resident of the Maple Ridge nursing home, the home neglected to properly care for his wife, and due to a 16-hour delay in discovering a health problem that was later revealed to be deep-vein-thrombosis, Harrison was forced to endure a leg amputation that led to her alleged quick demise and death on August 1, 2009.

This is the second nursing home death that Maple Ridge has been linked to from 2009. The home reportedly paid the state a $6,500 fine in connection to the failure to resuscitate a dying female resident in 2009, three months before Carol Harrison’s death.

As our nursing home attorneys in Washington County reported in a recent blog, according to the Resident’s Bill of Rights under the Nursing Home Reform Act of 1987, all residents are entitled to have their medical, social, physical and psychological needs accommodated, as well as the right to exercise self determination, their right to resuscitation, and to experience in advance with full disclosure about any possible changes in treatment, health care, or status within the nursing home.

Continue reading "Husband Sues Over Wife’s Preventable Death in Nursing Home" »

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" »

In recent news that our Baltimore nursing home injury attorneys have been following, a nursing home in New York was fined $12,000 after a resident was given the wrong medication over the course of 18 days, allegedly leading to her wrongful death.

According to the Associated Press, 94-year old Geraldine Burke, a resident of Cayuga County Nursing Home, was prescribed a medication for her thyroid last year. According to an investigation that was performed by the New York State Health Department, Burke was given a diuretic and blood pressure medication instead of her prescribed thyroid drug.

The investigation also reportedly discovered that the medication mistake was made by a technician at HealthDirect, the pharmacy filling Burke’s medication, by confusing methimazole, the thyroid medication Burke was prescribed, for metolazone, a diuretic and blood pressure medication, as the two medications have similar looking names.

The nursing home and pharmacy reportedly both neglected to catch the mistake, and Burke was given the diuretic 11 times over 18 days, which prompted the state Heath Department to fine the nursing home. Burke reportedly died due to heart problems that resulted from kidney failure, worsened by the diuretic. Burke also suffered from a number of other health conditions.

Continue reading "Nursing Home Fined 12K, Sued For Negligence after Medication Mix-up" »

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" »

Our Baltimore nursing home injury attorneys have been following a recent lawsuit filed by the children of well-known Hollywood film and television actor Gene Barry, who allege that a nursing home neglected to monitor the actor’s health after he suffered a tragic nursing home fall, which led to his death.

Barry was reportedly admitted to Sunrise of Woodland Hills nursing home in stable condition in June of 2009 at the age of 90, even though the home was not equipped to properly care for the actor’s health needs, as he suffered from dementia and Alzheimer’s disease.

Barry’s children allege that their father suffered a devastating nursing home fall at the facility in December of 2009, that left him with major head injuries, brain damage, broken ribs, and an injury to his hip. The lawsuit claims that after Barry’s fall, the nursing home failed to notify a doctor and Barry’s children, and for four days he was neglected while he suffered in great pain. According to Barry’s family, this nursing home fall caused his wrongful death.

Barry’s children state that the nursing home staff, management and corporate officers are liable for nursing home negligence, elder abuse, wrongful death and nursing home fraud, in relation to the tragic incidents that led to Barry’s death. The suit claims that Barry was not properly assessed during the pre-admission process in the home, and the facility staff and management reportedly falsely represented the home to Barry’s children—as Barry was promised a nursing home environment filled with a proper standard of care that he was legally entitled to. The complaint alleges that the facility fell short of this promise, and was not equipped to handle Barry’s needs.

Continue reading "Children of Hollywood Actor Gene Barry Sue Nursing Home for Elder Abuse and Negligence" »

Our Washington D.C. nursing home injury attorneys recently discussed the prevalence of falls in nursing homes and hospitals in a blog, and how to reduce the number of falls that can result in nursing home resident injury and wrongful death throughout the nation.

The CDC reports that over 1,800 residents die each year from falls in nursing homes. Injuries sustained from nursing homes and hospital falls can be frequent, debilitating, and expensive health care issues for elderly adults to face. As the CDC reports, finding ways to prevent fall-related injuries with elderly residents in nursing homes and hospitals is extremely important in preventing future injuries.

Elderly residents who are weak, have difficulty caring for themselves or have difficulty walking, are often prone to nursing home or hospital falls, along with patients who have chronic health conditions, or memory problems like Alzheimer’s or dementia.

According to Dr. Ronald I. Shorr, MD, in hospitals, there are generally two types of patients who fall: patients who are frail, and patients who don’t want to interrupt or bother the hospital staff. Hospital providers have reportedly found success in preventing falls by installing alarms, scheduling the administration of medication to prevent falls, redesigning rooms to have bathrooms closer to beds, and updating fall-risk assessments that are shared with healthcare teams and patients, while they are hospitalized and after they leave to return home. Shorr is reportedly in the middle of a study funded by the National Institute of Health on how to prevent falls.

Continue reading "Reducing Nursing Home and Hospital Falls to Prevent Patient Injury" »

In a recent wrongful death and negligence lawsuit settlement, the state Department of Military and Veterans Affairs has agreed to pay the family of a retired Philadelphia police officer and Korean war veteran $250,000, after the elderly man wandered unsupervised from the state veterans nursing home and froze to death.

According to an article in the Pittsburgh Tribune-Review, that our Baltimore nursing home negligence attorneys have been following, Chapman was 75-years-old, and suffered from Alzheimer’s disease and dementia. On December 31, 2007, Chapman reportedly wandered away from the home wearing his pajamas, to the outside cold that fell below freezing that night. The surveillance camera recorded Chapman’s exit, where he walked right by the security staff, and was unnoticed by the staff.

Chapman’s daughter alleged in the lawsuit that the workers were negligent in their duties and distracted because of the home's plans for a New Year’s party. Chapman’s wandering was reportedly not noticed for two hours, even though it was their duty to monitor him. Chapman’s body was found the next morning, and according to his widow, it was only a few hundred yards from them home. The cause of death was ruled as hypothermia by the autopsy.

In an inspection report that came from the state Health Department, the home was cited for failing to take timely action, that resulted in harm and death to the veterans home resident. After the incident, records reportedly show that several of the veterans home staff were suspended or received reprimand. According to agency officials, procedures have been put into place to prevent a recurrence of this type of tragedy. The settlement agreement will reportedly be given to Chapman’s daughters, and to the family’s estate.

Continue reading "Negligence Lawsuit Settlement Reached—Home Sued After Wandering Veteran Froze to Death" »

As Baltimore, Maryland nursing home injury attorneys, we have been following the news of a recent tragedy, where the estate of nursing home resident Mary Speigl, who was living in the Franciscan Villa nursing home, is suing the home for nursing home negligence and abuse, after Speigl was reportedly raped by a male resident last year, and died less than one month later.

According to the lawsuit, Mary Speigl, a 90-year-old nursing home resident in South Milwaukee, was sexually assaulted by a male resident who was well known for being sexually aggressive in the home, and reportedly allowed to wander the nursing home halls unsupervised. The lawsuit alleges the nursing home neglected to monitor the resident, and as a result, the resident allegedly wandered into the elderly woman’s room and sexually assaulted her. Speigl’s estate is suing the nursing home for punitive damages, among other fees.

Nursing home negligence and abuse is a serious problem in nursing homes today, often resulting in patient injury or wrongful death. Our attorneys at Lebowitz and Mzhen, LLC believe that elderly nursing home patients should be given their lawful right to special care, attention and supervision that provides a safe, secure, and protected environment, where they are kept safe from unstable or aggressive residents.

If a nursing home resident becomes injured or dies because the home failed to protect the resident’s health and safety, the nursing home could be held liable for wrongful death or Maryland nursing home negligence. In Baltimore, Maryland, contact our attorneys today.

Continue reading "Estate of Sexually Assaulted Resident Sues for Negligence and Abuse" »

In a blog from earlier this year, our Baltimore nursing home injury attorneys reported on a $10 million nursing home negligence lawsuit filed by the family of a well known Brooklyn judge John Phillips, otherwise known as the “Kung Fu Judge,” for famously making martial arts moves over this 17-year career as a Civil Court Judge in Brooklyn. Prospect Park Residence was accused of treating Phillips with substandard care, neglecting to give Phillips meals that adhered to his diabetic restrictions, and often missing his necessary insulin shots, that allegedly led to his wrongful death.

The Park Slope nursing home has now reportedly been hit with new charges by the family of the Kung Fu Judge, alleging that the nursing home held the frail judge prisoner while he was in their care, by blocking his rights to visitors and receiving mail, and failing to provide proper healthcare to the judge.

According to John O’Hara, a longtime friend of Phillips, and the Phillips’ family attorney, the judge was held against his will by the home for eight months, where he was denied proper medical care and treatment for his diabetes. Judge Phillips reportedly entered the home in good physical shape in 2008, but his health quickly deteriorated, as he was unable to leave, have any guests, or receive mail or phone calls. O’Hara stated that the home originally looked like a nice place for Phillips to reside in, but turned out to be a “death house,” that allegedly led Phillips to his wrongful death at the age of 83.

At Lebowitz and Mzhen, LLC, our Maryland Nursing Home Attorneys fight for the resident's right to experience a nursing home environment that is free from negligence or abuse, and promotes the health and wellness of nursing home residents throughout the state of Maryland. Contact us today.

Nursing Home Kept Dying Judge John Phillips Hostage in ‘Death House,’ Lawsuit Claims, New York Daily News, November 12, 2010

Related Web Resources:

National Center on Elder Abuse (NCEA)

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 recent news that our Washington D.C. nursing home injury attorneys have been following, a lawsuit has been filed against health care workers at a Northern Virginia nursing home, accusing the workers and home of wrongful death.

According to the lawsuit, Mary Ellen Hillyard became a resident of Evergreen Health and Rehabilitation in June of 2008. In September of 2008, Hillyard reportedly suffered a massive hemorrhage and died, due to blood-thinning drugs that health care workers allegedly administered.

Evergreen is operated and managed by Pinnacle Services Winchester Inc, and the facility is owned by Long Term Care Properties (LTC) Inc. The complaint states that while Hillyard was a resident of the home, the employees of the nursing facility were negligent in their duty to administer standard nursing home care, by giving Hillyard duplicate and contraindicated blood thinning medications, including Coumadin, Plavix and aspirin, that together caused her to suffer the massive hemorrhage which reportedly causing her death.

Charles L. McDaniel, the executor of Hillyard’s estate is suing Pinnacle and LTC, as well as doctors David Epstein and Lewis A. Rogatnick for wrongful death. McDaniel claims in the suit that the firms and doctors had a duty to comply with Hillyard’s minimum standard of care, as they claimed they could provide a qualified physician with properly supervised nursing home staff that was adequately trained to meet her healthcare needs.

Continue reading "Nursing Home Sued for $2 Million in Wrongful Death Lawsuit" »

As nursing home abuse attorneys in Baltimore, Maryland, we recently reported in a blog on a series of lawsuits against Evangelical Lutheran Good Samaritan Society in Albert Lea, Minnesota, by families of a nursing home abuse victims—after an investigation revealed nearly half a year of alleged nursing home abuse in 2008.

A recent article from the Argus Leader reports that yet another lawsuit has been filed against the nursing home in the U.S. District Court of South Dakota, as the Evangelical Good Samaritan Society’s corporate offices are based in South Dakota. In Minnesota, civil suits reportedly die with the abuse victim, but the abuse and assault claims are still open for South Dakota litigation.

According to the lawsuit, Sylvia Wulff, now deceased, was one of the victims of the alleged nursing home abuse in Good Samaritan Society's facility. Wulff’s family reportedly filed the lawsuit on September 29 in Sioux Falls, claiming that the company failed to monitor the staff, and properly screen the employees. Wulff is the sixth deceased victim who has had a lawsuit filed in South Dakota.

Brianna Broitzman and Ashton Larson were charged earlier this year with civil assault, disorderly conduct by a caregiver, abuse of vulnerable elders, and failure to report abuse, among other charges. In August, Briotzman pleaded guilty to three counts of disorderly conduct by a caregiver. Four other women, who were teenagers at the time, were reportedly charged in the case as juveniles with failure to report abuse.

According to the investigation by the Minnesota Department of Health, Larson and Broitzman were found to have allegedly encouraged young staff members at the facility to routinely abuse fifteen dementia and Alzheimer’s nursing home residents in a sexual, emotional, and physical way, while videotaping the abuse.

Continue reading "Another Minnesota Family Files Nursing Home Abuse Lawsuit in South Dakota" »

In a blog from last week, our Prince George’s nursing home injury attorneys reported on a wrongful death lawsuit, where Cynthia Wilms, a rehabilitation patient died in a nursing and rehabilitation facility from an infection that the lawsuit alleged was due to negligence and chronic understaffing.

In a new article published this week by the Capital Times, the newspaper interviewed Cynthia Wilms’ family, who told their own story of the nursing home abuse and neglect that allegedly lead to Wilms’ wrongful death.

Wilms was 72 when she was admitted to The Willows Nursing & Rehabilitation Center on July 30, 2007 to recover from hip replacement surgery. Wilms’ family claimed that although the surgery went very well, Wilms developed a staph infection at the site of the surgical wound, after being transferred to the facility. While staying at Willows, Wilms’ infection reportedly went untreated, and no important measures were taken to stop the infection. Wilms died from sepsis less than two months later, on September 13, 2007.

Phillip Wilms claimed that his wife’s health problems started the moment she arrived at the facility—her wheelchair was too small and didn’t function properly, the mattress on Wilms' bed was too long, creating a uncomfortable “hammock” effect, and the wheels on her bed were broken, along with the bed’s ability to go up and down. The wheels on the table by the bed were also not functioning properly, and were reportedly caked with dust, dirt and hair. The were no phones in the room, and only way patients could communicate for help was to press the call button, although Phillip Wilms claimed it would take staff at least an hour to respond to any pleas for help.

Continue reading " Nursing Home Victim’s Family Hopes Wrongful Death Settlement Will Help to Educate Others" »

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" »

Our Washington D.C. nursing home injury attorneys have been following the recent news that the former operator of a nursing home was found responsible for the wrongful death of an elderly resident by a Georgia jury—who set the damages at $43 million.

According to the wrongful death lawsuit, Morris Ellison, a former resident at a nursing facility in Rome, was admitted to the facility in 2006, and experienced nursing home falls multiple times—in once case breaking his hip. The home reportedly failed to alert either Ellison’s doctors or his family after he experienced the injuries. When Ellison died the following April at the age of 80, Ellison’s daughter, Loretta Terhune, accused the nursing home of failing to provide her father with proper nursing home care.

The former nursing home operator, George D. Houser, 62, reportedly oversaw Forum Group, the company that operated the Moran Lake Nursing Home and Rehabilitation Center, and according to the Atlanta Journal-Constitution, is also facing federal charges for stealing $30 million from the Medicaid and Medicare program funding—payments that were to provide proper care and treatment for the nursing residents at three of Houser’s homes. Federal prosecutors are reportedly accusing Houser and his wife, who is also facing federal charges, of fraud, for using the money to purchase luxury items and real estate.

Continue reading "Nursing Home Operator To Pay $43.5M in Wrongful Death Lawsuit—And Faces Federal Fraud Charges" »

In recent nursing home news that our Baltimore nursing home neglect attorneys have been following, a California jury decided this week that a patient who was given a morphine overdose while recovering from surgery at a nursing facility should be awarded over $3 million from the nursing facility and a podiatrist, for nursing home negligence.

Barbara Lefforge, 57, reportedly entered the St. Edna nursing facility in the fall of 2007 to recover from surgery after a tendon was repaired. When Lefforge was out of surgery less than 6 hours later, she was given an accidental overdose of morphine, after her podiatrist ordered 50 mg of morphine for pain management instead of 50 mg of Demerol. Lefforge reportedly suffered the overdose at home, and wasn’t taken to the hospital until the next day, which led to personal injury and brain damage.

Lefforge was awarded $3.1 million by the jury—$2 million for suffering and pain, and $1.1 million in cost for medical care, and the punitive damage amount is still pending. The jury found that the nursing facility is responsible for 90 percent of the medication error, while her podiatrist is being held responsible for 10 percent of the error. Lefforge’s nursing home negligence attorney stated that the nursing facility should have discovered the prescription error made by the podiatrist before the medication was administered. The pharmacist who filled the prescription reportedly even warned that the medication dosage was too strong, but the nurses at St. Edna, who were not even able to retrieve the entire medication dose for Lefforge, continued by acquiring the extra 30mg of morphine from an emergency office supply at the hospital.

Morphine is used as a narcotic pain reliever for moderate to severe pain treatment. It works by dulling the brain's pain perception center. Symptoms of an overdose of morphine could include confusion, clammy and cold skin, a weak pulse, severe drowsiness, fainting or shallow breathing, or breathing that stops. An individual who has overdosed on morphine should seek medical attention immediately.

If a nursing home or doctor incorrectly prescribes morphine it could result in a morphine overdose and cause patient injury or death, in which case the nursing home could be liable for nursing home negligence or wrongful death.

Continue reading "Woman Injured by Morphine Overdose Gets $3M in Nursing Home Negligence Lawsuit" »

In a related blog, our Baltimore nursing home injury attorneys discussed the use of chemical restraints in nursing homes, and the recent indictment of a registered nurse from Britthaven of Chapel Hill Nursing Home, after a nursing home resident died from a morphine overdose. The nurse, 44-year-old Angela Almore was charged last month with one count of second-degree murder, and six counts of felony resident abuse, for over-medicating residents with morphine, that allegedly caused hospitalization and wrongful death.

The North Carolina Department of Health and Human Services announced last week that they are recommending that the Centers for Medicare and Medicaid Services should fine Britthaven nursing home the maximum allowed fine by federal law, $20,000.

The nearly 100-page report based on the investigation performed by the North Carolina Nursing Home Licensure and Certificate Section reportedly revealed details of patient lethargy and altered states with the residents who tested positive for opiates.

The Herald-Sun reports that further investigation from the toxicology reports indicate that 14 residents out of 29 in the Alzheimer’s wing at Britthaven tested positive for opiates in February. Not one of these patients had prescriptions for opiate medication. Rachel Holliday, an 84-year old resident, and one of the hospitalized patients with high levels of morphine in her system, died on February 16, 2010 from pneumonia due to reported morphine toxicity.

Britthaven was reportedly investigated after patients were hospitalized from the Alzheimer’s wing of the nursing home, which lead to the discovery of opiates in their blood. A criminal investigation was launched in February by the Attorney General’s Medicaid Investigations Unit, and The North Carolina State Bureau of Investigation (SBI), to investigate for nursing home abuse or neglect, over-medication, or chemical restraint in an effort to make the nursing home residents more manageable.

Continue reading " Report Recommends CMS to Fine Britthaven Nursing Home for Wrongful Death" »

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" »

Our Nursing Home Abuse Attorneys in Washington D.C. have been following the recent news from state of Kentucky, that Governor Beshear has asked for an investigation on how Kentucky is handling nursing home neglect and abuse reports, after a recent investigation by the Lexington Herald-Leader found serious problems with the system, as reported in our previous blog.

According to the Lexington Herald-Leader, from 2007 to 2010, 107 citations were issued by the Cabinet for Health and Family Services that endangered the health and safety of nursing home residents. The newspaper discovered that only seven out of the over 100 cases of nursing home abuse or deaths were ever prosecuted criminally.

Although the state reportedly hands serious violations of nursing home laws and regulations to the attorney general’s office, the attorney general can only prosecute if the local prosecutors grant the attorney general permission. And the local prosecutors claim that they are rarely made aware of such cases. Also, police and coroners are reportedly rarely alerted of nursing home deaths or serious injuries in nursing homes.

The Herald-Leader reported that of the 107 citations that were investigated, there were eighteen deaths, thirty occurrences of hospitalization, 5 incidents involving residents with bones broken, and two instances of amputation that reportedly were a result of nursing home state law and regulation violations. The citations also claimed that three residents experienced nursing home injuries after staff members failed to provide proper health care.

Continue reading "Kentucky Governor Orders a Review of Nursing Home Sexual Abuse Cases" »

In recent news, that our Hartford, Maryland Nursing Home Injury Attorneys have been following, a nursing home abuse lawsuit has brought to light the problem of unreported sexual abuse incidents in Kentucky nursing homes.

According to the Lexington Herald-Leader, Mae Campbell, an 88-year old, was sexually abused two times while being a resident at Hazard Nursing Home. Campbell suffers from Alzheimer’s disease, and was reportedly sitting in a hallway last year, in view of other staff members and a nursing supervisor, when a male nursing home resident sexually assaulted her by ejaculating onto her face. She was reportedly sexually abused three months later by another male resident of the home who had allegedly entered her room to perform a similar sexual act. The nurse on duty was told by her supervisor not to discuss the incident with anyone because Campbell had not been harmed.

Under Kentucky law, staff members and officials of nursing homes are legally mandated to report nursing home neglect or abuse. The Cabinet for Health and Family Services issued the home a Type A citation, claiming that Hazard Nursing Home did not follow state regulations and failed to protect Campbell from sexual contact that was unwanted, failed to protect her health and safety as a resident, failed to report the sexual abuse allegations to the necessary state agencies, and failed to investigate the sexual abuse allegations thoroughly.

The Herald-Leader reported that Campbell’s sexual abuse was only discovered after depositions in a wrongful death case led to a former nurse’s aide’s description of Campbell’s sexual assault, where the former employee claimed that she stopped working at Hazard Nursing Home after the incident, as she thought the home should have protected Campbell better. Another former nurse also admitted to witnessing Campbell’s other assault. She was told not to discuss it with anybody—because Campbell had not been harmed.

Continue reading "Sexual Abuse in Kentucky 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 recent news that our Maryland Nursing Home Injury Attorneys have been following, an assisted-living facility in Rochester, Minnesota is being sued for negligence, wrongful death and medical malpractice, after a resident with dementia was allegedly assaulted and died.

According to the civil lawsuit, Donald R. Salli, 78, was assaulted by another resident in September of last year. The complaint claims that Salli was found by the staff at Sunrise Cottages on the floor on September 19th, with a resident assaulting him. Salli allegedly had a large hematoma on his head, as well as a red area from where he had been kicked in the back. He was reportedly not evaluated by a licensed nurse until seven hours after the attack.

The lawsuit also claims that the next day, Salli was found on the floor of his cottage apartment by three staff members, crying and in a great amount of pain, and was unable to walk on his own. He was documented as being unresponsive, sleeping through the day, was unable to stand or communicate, and yelled in pain when his back was touched.

After Salli’s daughter, Elizabeth Pulsifer, asked that Salli be sent to the emergency room, they discovered that he had suffered a fractured skull with internal bleeding and three ribs were fractured. He reportedly remained in the intensive care unit until he was transferred to hospice care, where he died on October 7, from a brain injury. According to the Minnesota Department of Health, neglect was the direct cause of his demise and they cited the facility for negligence.

Continue reading "Resident Assault Leads to Wrongful Death Lawsuit" »

In a recent blog, our nursing home injury attorneys at Lebowitz and Mzhen, LLC discussed a news story involving a Baltimore, Maryland nursing home that moved 150 residents out of the center after the building’s air conditioning system malfunctioned—failing to keep residents cool during a heat wave, and reportedly affecting the health and safety of the residents.

This week, the Maryland Department of Health and Mental Hygiene (DHMH) released a lengthy report, after conducting a thorough investigation, and claimed that the Ravenswood Nursing Home gave nursing home residents a “substandard” quality of care that resulted in “actual harm” to the residents.

Maryland regulators reportedly fined Ravenswood $52,500 after the air conditioning malfunction left residents sweltering in nearly 100-degree heat in the nursing home.

In the DHMH report, six state and federal violations were reportedly cited, that focus on the air conditioning problem. The report also found that the nursing home facility was storing food that was potentially hazardous at unsafe temperatures, the building was not in good shape, and that the nursing home residents were receiving inadequate care, treatment and services.

Continue reading "Maryland Nursing Home Fined, Report Says Facility Harmed Residents in A/C Malfunction" »

In a recent blog, our Baltimore, Maryland Nursing Home Abuse and Neglect Attorneys discussed the recent relocation of 220 nursing home residents, after an unprecedented heat wave in Baltimore lead to air conditioning malfunctions that closed two nursing homes—in an effort to protect the health and safety of the residents until the center’s heating and cooling systems are repaired.

The Maryland Office of Health Care Quality (OHCQ) issued a “Code Red – Heat Alert” last week, along with the Baltimore City Health Department, cautioning all Maryland licensed health care and residential facilities to implement appropriate plans to ensure the health and safety of residents while the outside temperatures are near or above 100°F.

The health department made recommendations for nursing homes to:

• Relocate resident activities to cooler areas, and caution nursing home residents to cut back on outdoor activities during the extremely hot days to prevent nursing home injury or illness.
• Monitor and address the behavior of dementia patients, or confused patients who may want to be wrapped in blankets, or wear too many clothes.
• Make sure the cold water is constantly available for residents, and offer it frequently.
• To keep residents cool, offer ice packs, or washcloths that are cool and wet, to help them endure the heat. Also give residents baths or shower that are cool, or lukewarm in temperature.
• As nursing home A/C systems will be operating at their maximum potential during the heat wave, contact maintenance staff to check the A/C systems, and perform required maintenance measures in advance, to prevent system failures.
• Rearrange any nursing home equipment or furniture that may be blocking any vents on the walls or floor to improve air circulation and make sure that the movement of air is not obstructed.
• Check the operation of all refrigerators and ice makers in facilities that do not have A/C or where kitchens are not cooled with A/C, to make sure that the refrigeration units are maintaining the correct temperatures.
• Make sure all medications for residents are stored at the temperatures listen on the packaging or prescription labels. Relocate the drugs to secure storage if necessary, to prevent any nursing home negligence or injury.
• Turn off any unnecessary lights that do not impact any activity for residents or staff, and close the curtains to keep out the hot sun. Also avoid the use of heat producing equipment like vacuums, stoves, or ovens.

Continue reading " Maryland OHCQ Issues Code Red Heat Alert for Nursing Homes" »

Our Washington D.C. Nursing Home Abuse Attorneys recently discussed the topic of chemical restraints in a blog, and the unnecessary use of antipsychotics in nursing homes. The Food and Drug Administration (FDA) estimates that around 15,000 nursing home deaths occur every year from the off-label use of antipsychotic medications that are unapproved by the FDA.

Center for Medicare Advocacy Senior Policy Attorney Toby Edelman, recently released a statement in reaction to a Senate Special Committee on Aging hearing, claiming that nursing home residents die every day from the inappropriate use of antipsychotic medications given to residents who have no diagnosis of psychosis. Edelman claims that nursing home facilities are violating the Controlled Substances Act and the 1987 Nursing Home Reform Law, by failing to provide the residents with proper medical attention, and physicians who are available to treat them 24 hrs a day.

According to the statement, under the 1987 Nursing Home Reform Law, every resident must be under the care of a physician, and each nursing home must provide a physician for medical care in case of an emergency, with another physician on-call. Edelman claims that nursing homes and long-term care pharmacies have long been relying on the practice of “chart orders,” for medications, where nurses assess the nursing home resident’s changed condition, and contact the physician—who then prescribes pain medication recommendations.

The Drug Enforcement Administration (DEA) has reportedly begun to enforce the rules and policy of the Controlled Substances Act, requiring physicians to write and sign prescriptions, sending nursing home and nursing home pharmacy industries into a frenzy, claiming that without these practices, residents will not receive the pain medication they need.

Continue reading "Resident Death and Antipsychotic Drug Violations in Nursing Homes" »

In recent news that our Baltimore, Maryland Nursing Home Neglect Attorneys have been following, the family of a patient who died from an overdose of morphine while receiving physical therapy at a nursing home, has been awarded $4.85 million—after accusing the home of nursing home negligence and wrongful death in a lawsuit.

According to the civil lawsuit filed by the family in 2005, Burr Needham, arrived in the center on April 26, 2002, to receive physical therapy for a hip fracture, and was administered a lethal overdose of morphine. The suit accused Dr. Arun Gupta and a staff of five nurses at the home of nursing home negligence, causing the 76-year-old’s wrongful death on May 2nd.

According to the medical examiner, the death was a homicide, caused by severe morphine intoxication. The documentation in the suit showed that the staff at the nursing home was unable to account for the dosage of morphine administered to Needham.

The jury ruled that the staff was professionally negligent, and awarded Mrs. Needham, who died of cancer in 2007, $3 million for the loss of companionship she experienced after her husband died. The jury also awarded $1.5 million for Needham’s suffering and pain, and $350,000 in damages.

Continue reading "Jury Awards $4.85 Million to Family in Nursing Home Wrongful Death Lawsuit" »

In recent blog, our Baltimore, Maryland Nursing Home Attorneys discussed the topic of chemical restraints, in regard to a February case, where Britthaven of Chapel Hill Nursing Home was investigated by local and state authorities after Alzheimer’s patients tested positive for opiates that had not been prescribed to them.

This month, Angela Almore, a 44-year old registered nurse, was indicted in the case, on one count of second-degree murder in relation to the death of Rachel Holliday, a resident of the nursing home who died after being given a heavy dose of morphine. Almore was also charged with six counts of felony resident abuse, related to administering morphine to several patients of the nursing home, causing hospitalization.

The investigation reportedly began after a few patients from the Alzheimer’s wing of the nursing home were hospitalized for odd behavior, which led to the discovery of opiates in their blood. The North Carolina State Bureau of Investigation (SBI) and the Attorney General’s Medicaid Investigations Unit, with the Orange County District Attorney, launched a criminal investigation of the nursing home in February to determine if the patients were being over-medicated, abused or neglected, or being subjected to chemical restraint.

The North Carolina Attorney General’s Office claims that after testing, nine out of over twenty-five Alzheimer’s patients at the nursing home tested positive for opiates in February. Holliday, one of the hospitalized patients with high levels of morphine in her system, died on February 16, 2010.

Continue reading " Nurse Indicted for Chemical Restraint Leading to Nursing Home Resident’s Death" »

A wrongful death lawsuit has recently been brought against Brandon Woods of Dartmouth nursing home, by the family of Elizabeth W. Barrow, a 100-year old resident of the facility who was allegedly strangled to death last year by her roommate, who was 98-years old.

Barrow reportedly shared a room with Laura Lundquist, a 98-year old who has been diagnosed with having dementia and paranoia. According to Barrow’s son Scott, Lundquist allegedly harassed his mother for weeks, making her life miserable because she was jealous of all the attention that Barrow received, as well as the window view. Scott Barrow reportedly asked for the women to be separated, but according to the director of the home, Scott Picone, Barrow declined the option of moving rooms. Picone said the two roommates acted like “sisters” and took walks together.

On September 24th of last year, Elizabeth Barrow was reportedly strangled to death in her bed with a plastic bad. The autopsy revealed that she died by means of asphyxiation, but also received blunt force trauma to her arms, leg, skull and chest. Lundquist has been charged with the murder.

The lawsuit claims that the nursing home staff and executive director were negligent, as they were responsible for providing his mother with a safe environment, and they failed. He claims that as a result of the nursing home’s carelessness and negligence, Barrow was forced to suffer consciously until the time of her death.

Continue reading "Family of 100-year old Nursing Home Resident files Wrongful Death Suit Against Home" »

In a recent blog, our Baltimore, Maryland Nursing Home Attorneys discussed a new Maryland initiative, led by the Maryland Patient Safety Center (MPSC), to reduce the number of nursing home resident falls that can result in nursing home injury and deaths throughout the country.

According to the CDC, more than 1,800 people die in nursing home falls every year. In 2003, 1.5 million people over the age of 65 reportedly lived in nursing homes. The CDC projects that if this rate continues to rise, by 2030, there will be around 3 million nursing home residents—so understanding and evaluating nursing home falls and ways of preventing them is necessary for the health and safety of nursing home residents, to prevent nursing home injury and wrongful death.

Nursing home falls can be linked to the result of many health problems, including older residents who are weak, have difficulty caring for themselves or have difficulty walking, have chronic health conditions, or residents who have memory problems like Alzheimer’s or dementia.

Among the most common causes of nursing home falls are muscle weaknesses and walking problems, leading to 24% of falls. Environmental hazards like wet floors, poorly fitted wheelchairs, bad lighting, or improper bed heights, have also lead to a reported 16-27% of nursing home falls. Medications can also increase the risk of falls, especially if a patient is taking drugs that affect the nervous system, like sedatives or anti-anxiety drugs. Physical restraints, the controversial method used to try and keep residents from falling, can actually increase the risk of fall-related injuries and wrongful deaths.

Nursing home falls can also be caused by poorly trained staff, understaffing, or by using incorrect or outdated equipment to transfer or transport nursing home residents properly.

Continue reading "CDC Guide to Nursing Home Fall Prevention" »

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 recent wrongful death and negligence settlement that our Baltimore Nursing Home Attorneys have been following, the family of a nursing home resident was awarded $190,000 in damages, after the resident suffocated in her bed.

According to the lawsuit, Lottie D’Aust, a resident of Champlain Valley Physicians Hospital Medical Center, in New York, died from suffocation after getting trapped between a bed rail and the mattress—a common and tragic cause of personal injury and wrongful death in nursing homes, and a topic that our Maryland nursing home injury attorneys have been discussing in a recent blog.

The Food and Drug Administration (F.D.A.), reports that from 1985 to 2008 nearly 772 incidents have occurred where hospital and nursing home patients have been trapped, stuck, or suffocated due to strangulation in beds that had rails. Out of this number, staff rescued 176 residents before they became injured, 136 experienced nonfatal personal injuries, and 460 residents died.

Although bed rails were designed as an aid to help patients maneuver their positions in the bed, and give security to the residents, many of these patients often experience bed rail entrapment, like Lottie D’Aust, getting caught in the space between the mattress and the bedrails, causing personal injury, strangulation, suffocation, and even wrongful death.

Continue reading "Bed Rail Suffocation Settlement in Nursing Home Case—Family Paid $190,000" »

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 a recent blog, our Maryland Accident Attorneys discussed the topic of whether bed rails in Maryland nursing homes are a potential health hazard, or whether they protect the health and safety of residents.

According to the Food and Drug Administration (F.D.A.), nearly 2.5 million nursing home and hospital beds are currently used in this country. In an F.D.A. study, from 1985 to 2008, there have reportedly been 772 incidents where hospital and nursing home patients have been trapped, stuck, or strangled in beds that had rails. Out of this number, 176 were saved by the staff before experiencing injury, 136 experienced personal injuries that were nonfatal, and 460 patients died.

Bedrails are designed to aid in helping patients pull themselves up, turn into a different positions in the bed, provide a feeling of security, and keep patients who are frail, or who have been diagnosed with dementia or Alzheimer’s safe from harm, such as falling, or rolling out of bed.

Unfortunately these very patients often get trapped or stuck in the space between the mattress and the bedrails, causing personal injury, strangulation, suffocating, and wrongful death, which can result in a Maryland personal injury lawsuit. Bedrail injuries can often result in nursing home falls, when a patient attempts to climb over the rails, bruising or scrapes to the skin, as well as a feeling of restriction, and agitated behavior from being restrained.

Continue reading "F.D.A. Bed Rail Safety Guidelines for Maryland Nursing Homes" »

As Washington D.C. area nursing home negligence and abuse attorneys, we have been following the recent news of the an 82-year old patient who experienced a wrongful death after receiving another patient's medication while staying at the Fair Oaks Lodge, a nursing facility in Minnesota.

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.

Continue reading "Medication Mistake Leads to Wrongful Death in Nursing Home" »

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" »

As nursing home attorneys in the state of Maryland and the Washington D.C. area, we have been following the recent Britthaven of Chapel Hill Nursing Home investigation where Alzheimer’s patients have tested positive for serious pain-management prescription drugs that weren’t prescribed for them, and that they weren’t supposed to be receiving.

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.

Continue reading "State Investigates Nursing Home for Possible Negligence and Chemical Restraint" »

As Maryland Nursing Home Negligence Attorneys we recently discussed the blog topic of health and safety in nursing homes and the importance of supervising residents who suffer from dementia or Alzheimer’s disease, to prevent the common problem of resident wandering and nursing home falls that can lead to wrongful deaths.

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.

Continue reading " Wrongful Death and Nursing Home Negligence Lawsuit—Family Sues for Damages" »

As Maryland Nursing Home Abuse and Neglect Attorneys, we have been following a lawsuit in which a 65-year old paralyzed patient in a nursing home was allegedly dropped to the floor twice. Her family claims that the second nursing home fall resulted in her wrongful death.

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.

Continue reading "Family Sues for Nursing Home Falls and Wrongful Death" »

In yesterday’s blog, our Maryland Nursing Home Abuse Attorneys discussed the complaint filed last week by the U.S. Justice Department against Johnson & Johnson, for allegedly paying millions of dollars in kickback payments Omnicare, the largest pharmacy in the country, to increase sales of antipsychotic prescription drugs given to nursing home patients. According to the complaint, Omnicare was allegedly persuading physicians to prescribe drugs like the antipsychotic Risperdal for patients with dementia, even though the Food and Drug Administration has not approved the drug for dementia treatment.

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.

Continue reading " Nursing Home Residents Allegedly Drugged for Pharmacy Gain" »

In a recent nursing home injury blog, our Maryland-based attorneys discussed the epidemic of unnecessary drugging and chemical restraints going on in nursing homes, that can cause nursing home injury and threaten the lives of elderly residents.

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.

Continue reading "Johnson & Johnson Accused of Pharmacy Kickbacks" »

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" »

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" »

In a recent blog on nursing home injury, our Maryland-based attorneys discussed the problem many nursing homes are facing today, of creating a safe environment for residents who live in nursing home facilities with patients who are mentally ill or have violent criminal pasts.

After the Chicago Tribune’s investigative reports over the past few months, fueled by a series of nursing home abuse and assault cases, the publication has shed light on the high numbers of felons and sex offenders that reside in Illinois nursing homes, and how this is affecting the safety of nursing home residents. Last week, twenty federal marshals and the County Cook sheriff’s police, initiated by the Illinois Attorney General’s office, conducted a raid of two Chicago-based homes, looking for felons with outstanding arrest warrants.

After the sweep of the nursing homes, eighteen residents were discovered in the homes who are wanted on charges that vary from burglary and assault to disorderly conduct. The authorities arrested five people, including an unregistered sex offender from another state. According to the Attorney General’s office, this was the first step in an ongoing effort to identify residents in nursing homes who are wanted on arrest warrants.

The Chicago Tribune reports that the number of residents living in Illinois nursing homes who are felons has grown as the state continues to rely on the nursing home facilities to place younger psychiatric patients, many of whom have criminal records, which can endanger resident safety and cause nursing home injury or abuse to older residents.

Continue reading "Sweep in Nursing Home Finds Felons and Sex Offenders with Outstanding Warrants" »

In a previous post from this week, our Maryland Nursing Home Attorneys reported on basic planning tips for families searching for the right nursing home environment that promotes proper care, protects the health and safety of the resident, and is free from nursing home neglect and abuse.

One recommendation was for families to search Nursing Home Compare, the database from the from the U.S. Department of Health & Human Services’ Centers for Medicare and Medicare Services (CMS), that ranks around 16,000 Medicare and Medicaid-certified nursing homes in the country on a Five-Star Quality Rating.

The Five-Star Quality Rating was developed to help residents, families, and caregivers compare nursing facilities by giving them a snapshot of the current status of health inspections, staffing for each nursing home, and quality measures. This rating system developed as a direct result of the continued efforts made since the nursing home reform law enacted in 1987, the Omnibus Reconciliation Act (OBRA ’87).

The Nursing Home Compare Website uses this quality rating system to give each nursing home a score ranging from one to five stars. One star gives a much below average quality ranking, whereas a five star rating gives a much above average quality ranking.

Continue reading "Rating Nursing Homes—The Five-Star Quality Rating System" »

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 yesterday's post, our Maryland Nursing Home Injury Attorneys wrote about the difficulty of maintaining resident safety in nursing homes that take in mentally ill patients and violent criminals. Elderly nursing home residents who are often weak and unable to protect themselves from the violent actions of younger, mentally ill patients.

In the Chicago Tribune's ongoing reporting on security and safety reform in nursing homes, today's article recommends a serious overhaul of nursing home operations, to better protect elderly residents in nursing homes from the violence of mentally ill residents and convicted felons.

Nursing homes have become known as “dumping grounds” for young and middle aged individuals with mental illnesses, according to U.S. data and Associated Press interviews. The placement of mentally ill patients into nursing homes in this country has increased by 41% between the years of 2002 and 2008, as well as the incidents of nursing home crime and violence.

The Centers for Medicare and Medicaid Services (CMS), released data earlier this year that nearly 125,000 individuals with mental illnesses like schizophrenia, depression, or bipolar disorder lived in U.S. nursing homes last year—many of whom moved directly into homes from jail cells, shelters and psychiatric wards.

According to the Associated Press, many states are mixing the mentally ill with the elderly because the federal government will help pay for resident care under Medicaid regardless of their age—as long as the nursing home’s mentally ill residents stay under 50%.

Continue reading "Violence in Nursing Homes—Protecting Elderly Residents from Criminals and the Mentally Ill" »

As Maryland Nursing Home Injury Attorneys, we have been following the Chicago Tribune article published yesterday about an epidemic of unnecessary and dangerous drugging going on in nursing homes—causing nursing home injury and threatening the lives of elderly residents.

The report details that many vulnerable elderly residents in nursing homes are being given strong psychotropic drugs that they neither need or want—leaving them with dangerous side effects like tremors, severe lethargy, and a high possibility for falls or wrongful death.

This review of more than 40,000 federal and state inspection reports found that a wide variety of nursing homes ranging from high end facilities to run down centers, are in violation for improperly treating patients with psychotropic drugs. The violations included chemical restraint, unnecessary drug administering, dosages exceeding safety standards, and cases where dosages led to nursing home resident falls.

Since 2001, the Tribune identified 1,200 nursing home violations that involved psychotropic medications. These infractions reportedly affected 2,900 residents, although the actual statistics are likely to be far higher, as regulation inspections are only enforced once every 15 months.

Congress passed landmark laws protecting patients from unnecessary drugs in 1987—and since then, it is unlawful for facilities to give psychotropic drugs to patients without a doctor’s orders, patient’s consent and treatment justification.

Continue reading "Unnecessary Drugging in Nursing Homes Threatens Lives of Residents" »

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.

Continue reading "Family Sues Nursing Home for Neglecting Resident’s Penile Cancer" »

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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