Articles Posted in Nursing Home Negligence

In a recent case, a nursing home came under scrutiny following multiple reports of medication errors and resident abuse. This investigation highlights the serious consequences of neglect and abuse in nursing facilities and underscores the importance of legal intervention to protect vulnerable residents. Seeking the help of an attorney can be crucial in such situations, ensuring that the rights of the residents are upheld and those responsible are held accountable.

Nursing Facility Receives Complaints About Medication Errors and Quality of Care

A nursing facility was recently investigated by the Department of Inspections, Appeals, and Licensing (DIAL) after several complaints were filed. The violations cited on the department’s website relate to medication errors, quality of resident care, inadequate staff training, and the abuse of residents.

According to a recent local news article, a nursing aide is under arrest on charges she abused a patient in Springfield Township, Hamilton County court records show. The aide is accused of assaulting a Burlington House Healthcare Center patient, according to her arrest report from Springfield Township police. Burlington House Healthcare Center is a memory care community that specializes in Alzheimer’s and dementia patients, according to its website. The aide hit the victim with multiple items and even “forcibly restrained” the patient by “pushing down on the victim’s chest and face,” her arrest report states. She was arrested Tuesday on charges of patient abuse or neglect, assault, and failing to provide for a functionally impaired person. The week before, someone at Burlington House Healthcare Center alerted Springfield Township police that they were investigating possible patient abuse. An incident report also was filed. The aide that was arrested and another nurse aide, the report says, “may have abused” the patient early in the morning on April 24. The report states that “Burlington House head nurse advised there were no signs of any injury. There was no visible injury.”

Selecting a good nursing home or care facility for your loved ones is a difficult and trying process. Trusting an elder or group home to help our loved ones and family members following hospitalizations or for long-term care is a stressful and complicated decision. That choice 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.

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.

According to a recent report released by the Office of the Inspector General (OIG) on the state of nursing home violations, nursing facilities were among six provider types with the most patient abuse and neglect convictions tied to Medicaid than other provider types in 2023. 841 criminal and civil patient and abuse complaints related to the sector – topping all other categories – are still open to investigation as of the release of the report.

There are 238 open nursing home investigations tied to Medicaid fraud out of 16,833 among all provider types, according to the report issued by the Office of the Inspector General (OIG). The report is the latest in efforts by OIG to improve nursing home oversight and quality, and recover misappropriated funds. OIG found that nursing homes had 36 patient neglect and abuse convictions last year in investigations done by Medicaid Fraud Control Units (MFCUs). Nurse aides, nurses, personal care (PCS) attendants, family members or guardians, and developmental disability facility settings were the other five named categories in the OIG report.

MFCUs recovered $1.43 million in Medicaid criminal convictions from nursing homes for patient abuse and neglect, and $9.34 million in Medicaid civil settlements and judgments for the space. For comparison, MFCUs recovered $9.41 million from assisted living facilities and $2.46 million from family members or guardians for the same types of conviction recoveries. About $1.2 billion was recovered as a result of Medicaid convictions among all provider types, for both civil and criminal recoveries.

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.

Why Does Nursing Home Abuse Go Largely Unreported?

There is an inherent power balance between residents and staff in nursing homes. Staff 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.

Bear Mountain Investigation

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.”

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