Articles Posted in Nursing Home Negligence

When families pay nursing homes to care for their loved ones, nursing homes assume a duty to ensure a resident’s basic needs are met. Failing to adequately attend to residents’ medical needs can worsen their condition and lead to severe injury. When nursing homes neglect medically vulnerable residents, they may face state-imposed fines. Additionally, a resident’s loved ones may bring a negligence lawsuit against the nursing home to receive compensation for their loved one’s harm.

For example, a resident at an Iowa nursing home died after staff failed to change her depleted oxygen tank. The patient required supplemental oxygen after suffering from congestive heart failure. When staff went to her room to take the resident to lunch, they found her unresponsive and her oxygen tank empty. The resident was transported to the hospital, where died a few days later. Due to her lack of oxygen, the resident had suffered an anoxic brain injury.

According to the Iowa Department of Inspections, Appeals, and Licensing, staff repeatedly failed to check her oxygen tank and vitals multiple times. In the days before nursing home staff found the resident unresponsive, they also allegedly ignored her potential symptoms of oxygen deprivation and failed to check her oxygen levels. As a result of the resident’s death, the nursing home faces an $8,500 fine.

When families pay nursing homes to care for their loved ones, nursing homes assume a duty to ensure a resident’s basic needs are met. Failing to adequately attend to residents’ medical needs can worsen their condition and lead to severe injury. When nursing homes neglect medically vulnerable residents, they may face state-imposed fines. Additionally, a resident’s loved ones may bring a negligence lawsuit against the nursing home to receive compensation for their loved one’s harm.

For example, a resident at an Iowa nursing home died after staff failed to change her depleted oxygen tank. The patient required supplemental oxygen after suffering from congestive heart failure. When staff went to her room to take the resident to lunch, they found her unresponsive and her oxygen tank empty. The resident was transported to the hospital, where died a few days later. Due to her lack of oxygen, the resident had suffered an anoxic brain injury.

According to the Iowa Department of Inspections, Appeals, and Licensing, staff repeatedly failed to check her oxygen tank and vitals multiple times. In the days before nursing home staff found the resident unresponsive, they also allegedly ignored her potential symptoms of oxygen deprivation and failed to check her oxygen levels. As a result of the resident’s death, the nursing home faces an $8,500 fine.

As we approach the holiday season, one family’s story reminds us of the harsh reality faced by countless elderly individuals in nursing homes. According to a recently published neww report, an elderly woman who had been known as the architect of perfect family Christmases, found herself at Mt. Lebanon Rehabilitation and Wellness Center, where her life took a devastating turn. Frail, confused, and suffering 35 falls within a year, Cross succumbed to her injuries on March 14, 2022. Her daughter now advocates for change and has filed a lawsuit against the facility.

This story is uniquely tragic, but is also emblematic of a nationwide crisis in long-term care, exacerbated by unprecedented staffing shortages. The news source’s analysis of 168 nursing homes reveals alarming statistics. Over half received “below average” or “much below average” ratings from the Centers for Medicare and Medicaid Services. Shockingly, 13% appeared on a little-known list of facilities flagged for abuse or neglect.

What Recourse Do Families Affected By Nursing Home Neglect Have Against Facilities?

For those considering legal recourse, stories like Cross’s emphasize the urgency of seeking justice. Lebowitz and Mzhen, Maryland’s distinguished nursing home abuse attorneys, are poised to navigate the complexities of your case. The dire situation in Pennsylvania may serve as a wake-up call for Maryland residents to scrutinize nursing home conditions and question the care their loved ones receive

Why Does Nursing Home Abuse Go Largely Unreported?

There is an inherent power balance between residents and staff in nursing homes. Staff members are in charge of feeding, treating, and caring for residents, often making residents fully or largely reliant on staff members. That imbalance can result in a hesitation to report or take action when abuses are occurring. Additionally, many residents may have trouble directly or clearly communicating their experiences. As a result, it often falls to visitors and loved ones to advocate for them when things go wrong. It is extremely important to take a resident seriously if they disclose or report instances of nursing home neglect or abuse.

A new report by the Long Term Care Community Coalition, titled “They Make You Pay,” the coalition details the pervasive impact the fear of retaliation has on the entire nursing home resident community. The report detailed instances of residents being denied medicine, food, and even physical abuse such as beatings. The title of the project was inspired by a survey report that detailed how the residents of a nursing home in Florida chose not to report or file grievances related to poor care by staff due to fears of retaliation. During an interview with a surveyor for the report, a resident said she did not file a grievance regarding her poor treatment “because they get back at you . . . They are watching even now to see which rooms you go to and listen to what you ask.” The resident then asked the surveyor to leave and return at a later time because staff members were lingering at her door.

The State of New York has unveiled a distressing lawsuit that exposes the grim reality of nursing homes’ misuse of taxpayer money and the horrific consequences it has on the elderly. The case sheds light on the heart-wrenching mistreatment faced by vulnerable residents at four nursing homes in New York, owned and operated by a profitable corporate entity. The ordeal endured by these individuals emphasizes the need for strong legal representation to combat such atrocities and seek justice for the victims.

According to the facts discussed in a recently released news article, the owners, operators, and landlords of four nursing homes in New York allegedly diverted more than $83 million in Medicare and Medicaid funds away from the essential care of their residents. As a result, the elderly individuals entrusted to their care faced unimaginable suffering, including neglect, humiliation, and even death. The lawsuit highlights instances of severe dehydration, malnutrition, untreated bed sores leading to infections and sepsis, as well as life-altering injuries caused by preventable falls.

This lawsuit highlights the critical importance of robust oversight and accountability in the nursing home industry. The accused nursing homes have reportedly been associated with such negligence for years. The lawsuit draws attention to the fact that these horrors were exposed during the COVID-19 pandemic, but their existence predates the outbreak. This demonstrates that addressing the inadequacies and misconduct within nursing homes is an ongoing battle that requires persistent effort and legal intervention.

There is an inherent power balance between residents and staff in nursing homes. Staff members are in charge of feeding, treating, and caring for residents, often making residents fully or largely reliant on staff members. That imbalance can result in a hesitation to report or take action when abuses are occurring. Additionally, many residents may have trouble directly or clearly communicating their experiences. As a result, it often falls to visitors and loved ones to advocate for them when things go wrong. It is extremely important to take a resident seriously if they disclose or report instances of nursing home neglect or abuse.

A recent survey by the Long Term Care Community Coalition, a nonprofit organization that advocates for residents in nursing homes and assisted living facilities, examined 100 complaints by nursing home residents across the country. One of the biggest issues, the report found, was that residents rely so much on staff members, that any perceived issues could be met with retaliation, big or small. For many residents, staff members provide daily basic care, including assistance using the restroom, showering, and getting changed. The power imbalance is extreme, making individuals in nursing homes uniquely vulnerable to abuse. The survey even documented instances of staff members threatening family members of residents if they reported issues to the state or ombudsman association. Residents interviewed for the survey told investigators “they were afraid to voice concerns ‘because it backfires on you,’ as ‘staff became aggressive.’”

Compounding many of the existing issues is the lack of funding for nursing care facilities. The survey acknowledges that many nursing home staff members are “underpaid and undervalued.” The report suggests staff education as one of the methods to combat abuse within nursing homes. The survey stated: “What we already knew but learned again in horrific detail during COVID was that care in nursing homes is unacceptable . . . let’s understand the phenomenon. Let’s name it, let’s teach, how to prevent it, how to anticipate the way it feels to families and older people and the staff.”

A recent news report highlights that a New Hampshire nursing home is under investigation after a state report accused the facility of abuse of several residents and of failing to prevent abuse that might have contributed to a resident’s death. According to the report, a resident had unexplained injuries that contributed to their death, and several other residents were allegedly abused by staff. The Department of Health and Human Services conducted an inspection of the facility. The report alleges that the facility failed to ensure that residents were free from abuse and neglect. In one incident, a resident said that a licensed nursing assistant “slapped his buttocks, smacked them with plastic bags and laughed about it.” The report also documented that a resident’s autopsy should that they had a fracture and dislocation to the right shoulder and a dislocation to the left shoulder which contributed to the resident’s death. The case is being further investigated. The report also detailed some changes made by the facility, which included random weekly audits to make sure staff members are following procedures to prevent abuse and neglect.

What to Do to File a Lawsuit After Nursing Home Abuse?

Elder abuse in Maryland is unfortunately not uncommon. In 2020, the Maryland Department of Aging, Long-Term Care Ombudsman Program received a total of 283 abuse allegations. This included 110 physical, 70 gross neglect, 49 psychological, 37 financial, and 17 sexual abuse allegations. This one department in Maryland, although there are multiple departments that received other substantial reports of alleged abuse and neglect in long-term care facilities in that year. When preparing to file a lawsuit due to abuse suffered in a nursing home, it is important to collect the necessary evidence to help prove your case – it can even be helpful to collect evidence that you have available before meeting with your lawyer, although your lawyer can help figure out ways to collect such evidence. Evidence may include medical records from the nursing home, medical records from hospitalizations related to the suspected abuse, an autopsy report and/or death certificate if applicable, funeral expenses if applicable, any documentation of relevant communication with nursing home, photos of injuries, and any other documents you believe may be helpful. In addition to collecting evidence, it can be extremely helpful to find a lawyer who has experience handling these types of personal injury cases to discuss a plan for filing a claim, and a timeline.

Under the best of circumstances, it can be difficult to select a good nursing home or care facility for your loved ones. Trusting such institutions to help our loved ones and family members following hospitalizations or for long-term care is a stressful and complicated process. That decision can be even more nerve-wracking when widespread practices of elder abuse, medication errors, and financial abuse are uncovered. When nursing homes and care facilities fail to meet the basic requirements of care for residents, they must be held accountable.

A recent news report detailed a concerning pattern at a local Washington D.C. rehabilitation and nursing home facility. According to the report, The D.C. Department of Health has launched an investigation into Capitol City Rehab nursing home following a near-deadly medication error episode on site. The report states that Rosezena Jackson’s family checked her into the nursing home in December of 2022 to recover from a hospitalization for a blood clot. They trusted the facility to take care of Rosezena fully, including administering prescription medications. However, issues quickly arose, and doctors had to put the 74-year-old Rosezena into a medically induced coma for over a week to help her survive. At the nursing home, Rosezena was given medications that were not intended for her, including a blood pressure drug that she is severely allergic to. The drugs had a different person’s name and were not meant for Rosezena.

Further review of federal inspection reports revealed that Capitol City Rehab had similar episodes in 2020 and 2021. In both years, the facility’s pharmacist failed to properly identify a medication error and on several occasions, staff members failed to administer prescription medication. In one instance, the staff failed to administer a physician-ordered drug for 19 days. The D.C. Health Regulation and Licensing Administration is currently investigating Capitol City Rehab and declined to comment on the ongoing case.

Selecting the right nursing home or care facility for a family member is a stressful and complicated process. It is vital to know that our most vulnerable loved ones are being placed in a caring, comfortable, and safe environment. Unfortunately, recent events have left many nursing and care homes with a lack of staffing, training deficiencies, and supply shortages. When nursing homes fail to meet the basic requirements of care for residents or worse, they must be held accountable.

According to a recent news report, the attorney general’s office of New York has engaged in an enforcement action against the Cold Spring Hills Center for Nursing and Rehabilitation on Long Island. The action alleges that the owners of Cold Spring Hills created shell companies that illegally diverted more than $22 million in Medicare and Medicaid funds while leaving patients in shocking and inhumane conditions. The lack of treatment led to multiple patients being sent to the hospital, with many dying or suffering from malnutrition, unhygienic conditions, and a complete lack of supervision. In one situation, a diabetic patient was given a wheelchair with no footrests, forcing him to use his feet to drag the chair, resulting in part of his toe being amputated. He would later die at the facility. Another man was admitted to Cold Spring Hills to recover from a car accident, and during his time there lost 30 pounds and was admitted to a hospital with malnutrition and dehydration, a stage 4 sacral pressure injury, and right foot osteomyelitis (an infection in his bone).

How Common is Nursing Home Abuse and Neglect?

According to the advocacy organization Nursing Home Abuse Justice, in 2020, over 15,000 complaints filed with nursing home ombudsmen were about abuse or neglect. Unfortunately, Maryland is no exception to this trend. If you have a loved one or family member in a nursing or long-term care facility, it is vital that you recognize the signs of neglect or abuse and report them promptly to the relevant authorities in order to hold the perpetrators accountable. Signs of abuse range from unexplained bruising to the sudden onset of depression and confusion, or dramatic changes in spending habits. It is important to remember that abuse can be perpetrated by a loved one, caregivers, and staff at a nursing home facility.

State standards and federal regulations are set to help protect and keep nursing home patients safe, to keep the families and loved ones of the patients informed, and to help prospective patients look for a place to call home to make informed decisions. Allegations of abuse or neglect must be reported to the facility administrator, and nursing home facilities must notify the proper individuals within a designated time frame.

In a recent news report, a video captured the moment where two employees of a Texas city nursing home dragged an 87-year-old-man across the floor. The employees can be seen hitting and kicking the elderly man, and tossing him onto the bed. According to his family, facility staff told them that the man fell and had to go to the hospital as a result. The family decided to install a camera after the 87-year-old complained of staff members mistreating him. The patient is currently in the hospital suffering from bruised eyes and wearing a neck brace. The Texas Health and Human Services Commission records revealed that inspectors found 11 violations of state standards at the nursing home during the most recent check-in in July 2021. The nursing home was fined $19,800.

Are Most Nursing Homes Transparent About What’s Going On Inside the Facility?

Transparency in nursing home reports is extremely important because it allows patients and their loved ones, and prospective patients to have more knowledge regarding a facility’s history of care, including any violations of state standards set to protect patients. In February 2022, the White House released a fact sheet detailing information regarding protecting seniors by improving safety and quality of care in our nation’s nursing homes.

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