Maryland Nursing Home Lawyer Blog

Recent Study Finds that 22% of Nursing Home Residents Suffer Preventable Injuries

March 18, 2014 | Lebowitz & Mzhen

Nursing homes are not known for their stellar safety records. In fact, they are usually known by most for the exact opposite; for providing substandard care that can lead to resident injury and even premature death in some cases. A recent study administered by the Health and Human Services Department found that 22% of nursing home residents suffered some kind of preventable injury such as medication errors, falls, and infections.

According to an article by Modern Healthcare, one of the biggest problems for consumers about the nursing home industry is the lack of awareness of individual nursing home reputations. The article notes that the study suggests that nursing homes are subject to heightened government scrutiny and also create “a list of potential events to help nursing home staff better recognize harm; a review of nursing home practices by state surveyors; and encouraging nursing homes to report adverse events to patient safety organizations, among other measures.”

Others suggest that, in order to make a real difference in the quality of nursing homes, the number and types of safety incidents should be made public for each nursing home.

Nine People Arrested After Death of Long Island Nursing Home Patient

March 11, 2014 | Lebowitz & Mzhen

Last month, nine people were arrested for their participation in the death of a 72-year-old nursing home patient in Long Island, New York. According to an article by CBS New York, several of those involved were charged with criminally negligent homicide, and the administrator of the nursing home was charged with covering up the death.

Back in October of 2012, the elderly victim was admitted into the nursing home after suffering from a bout of pneumonia. She was supposed to be in the nursing home for just six weeks and then return home. However, at some point in her stay her ventilator became unplugged. Employees ignored alarms for two hours and by the time they did show up, she had died.

The family of the woman was told that their loved one died of a heart attack. it was not until a whistle blower came forward and told the attorney general of New York what really happened that an investigation was conducted. Upon completion of the investigation criminal charges were pressed against seven employees.

Nurse Arrested for Raping 64-Year-Old Nursing Home Resident

March 4, 2014 | Lebowitz & Mzhen

Last month in the Bronx, New York City, a male nurse was arrested for raping a 64-year-old female patient. According to a story by Gothamist.com, an employee at the nursing home spotted the nurse of top of a disabled 64-year-old patient around 1:20 a.m. The victim of the rape has dementia and is unable to speak. Her children told reporters:

It’s just heartbreaking, it’s horrible that this is happening to my mother… She was at the nursing home because my brother and I thought it was a safe haven for her, a safe place for her…

The victim’s family was contacted around 4 o’clock that morning, too their mother to a nearby hospital to have a rape examination kit completed. However, because the victim was unable to speak, hospital workers had a difficult time completing the kit, which must be completed within 72 hours in order to be of any evidentiary value.

Medication Errors Put Maryland Nursing Home Residents At Risk

February 24, 2014 | Lebowitz & Mzhen

Across the country, nursing home medication errors are causing health problems among nursing home populations. According to a report by a local NBC affiliate out of Chicago, a recent inspection by state health inspectors discovered 384 nursing home medication errors since 2011. Two of these medication errors resulted in death and one required an otherwise unnecessary amputation.

One Person’s Story of Medication Error

The article details the story of a woman who moved her brother to a nursing home after he suffered a stroke and a heart attack and was unable to care for himself. While he was in the care of the nursing home, he developed gastrointestinal cancer. When he first began his course of treatment, he was reacting well to the medication and his condition was stabilizing.

Months later, her brother’s condition began to worsen. Later, the family discovered that the nursing home had not given him his required medication for over a year. By the time the error was caught, the cancer had spread throughout his body and was untreatable. He passed away shortly thereafter.

University of Maryland Study Shows Correlation Between Patient Turnover and Poor Nursing Home Quality

February 17, 2014 | Lebowitz & Mzhen

Earlier this month, two studies came out of the University of Maryland that examined why many nursing homes are providing inadequate care to their residents. The answer will probably not surprise many who have stayed in a nursing home themselves or had a loved one stay in a nursing home: The studies show that high turnover rates among staff members have a detrimental effect on overall nursing home quality, as well as the quality of care offered by the nursing home.

A recent article by Infection Control Today details a few of the studies’ findings, including one that suggests high Certified Nurse Assistant (CNA) turnover results in an increase chance that a patient will suffer from a pressure ulcers, pain, or a urinary tract infection. The basis conclusion of both studies is that preventing nursing home staff turnover should be a higher priority for nursing home management.

Nursing Home Management in Maryland

While these studies indicate that an increase in CNA turnover increases the odds of health problems in nursing home patients, the fault does not all lie with the individual CNAs. Nursing home management is charged with making many of the staffing decisions that lead to the high turnover in the first place. If nursing home management does not create a healthy, pleasant working environment, high turnover is inevitable.

Indiana Nurse Prosecuted for Death of Elderly Nursing Home Resident

February 10, 2014 | Lebowitz & Mzhen

A former nurse is on trial for her role in the death of a 77-year-old nursing home resident that occurred last December. According to a story by WCPO Cincinnati, a witness who was at the nursing home visiting her mother witnessed the abuse that led to the patient’s death.

Apparently, during the woman’s visit with her mother, she witnessed the nurse “yelling at the patient, physically trying to move her from the walker in a pretty violent matter.” Later, the patient lost consciousness in the bathroom, and within 15 minutes she was dead.

About one week later, once allegations of wrongdoing came to light, the nurse was fired by the nursing home facility. In a public statement, the nursing home explained that, “[t]he facility is fully cooperating with local authorities in their investigation and will continue to remain committed to providing quality care to the residents on a daily basis.”

The nurse will go to trial later this year and is facing a prison sentence of up to 20 years.

Ohio Nursing Home Sued for Providing Inadequate Care

February 3, 2014 | Lebowitz & Mzhen

Last month, a former resident of the Hickory Creek of Athens nursing home filed charges against several owners, operators, and supervisors of the nursing home, alleging inadequate care. Specifically that the nursing home and its employees caused him “to lose his personal dignity and extreme and unnecessary pain, degradation, anguish, and emotional trauma.” According to a report by AthensOhioToday.com, the plaintiff was admitted to the nursing home in September 2012 and was a resident until January 2013. While it is not known why the plaintiff entered the facility, he claims that he “suffered catastrophic injuries, extreme pain, suffering, and mental anguish” while a resident.

The plaintiff claims that the owners and management of the nursing home were aware of the dangerous conditions present at the time of his residency. While he cannot identify all parties in the suit—listing several “John Does” as temporary placeholders until their names are revealed—he explains that supply shortages and understaffing problems were the cause of the inadequate care. Specifically, the plaintiff’s claims against the nursing home are for corporate negligence, medical malpractice, premises liability, fraud, and breach of duty.

Similar Problems Maryland Nursing Homes

Like the nursing home above, Maryland nursing homes are notorious for providing inadequate care to their residents. The reasons for the inadequate care are numerous; however, all the reasons relate to one fact: nursing homes are for-profit enterprises. Because of this, nursing home administrators are often incentivized to provide as little as possible to the residents. As long as the beds are filled, nursing homes are getting paid.

Red Flags that Nursing Homes Are Providing Inadequate Care

In most cases, the person staying at the nursing home is in the best position to understand what kind of care the nursing home is providing. However, the reality is that many times residents of nursing homes cannot affect the change on their own. Therefore, they will often reach out to family members. Here are a few red flags that may indicate that a nursing home is not providing the necessary standard of care for your loved one:

Central Texas Nursing Home Faces Wrongful Death Suit for Allegedly Providing Negligent Care

January 27, 2014 | Lebowitz & Mzhen

Earlier this month, the family of a recently deceased 81-year old man filed charges in a central Texas court alleging that the nursing home the family placed the man in provided negligent care that led to the man’s death. According to a report by the Waco Tribune, the family admitted the elderly man in December of 2011 after a fall had rendered him in need of constant care and attention.

The elderly man, who suffered from Alheimer’s and Parkinson’s, died in September of 2012, “after months of severe and agonizing pain and suffering” caused by a series of pressure ulcers that worsened into a more serious, life-threatening condition.

The man’s family claims that there was nothing about his condition that made the pressure ulcers unavoidable. They note that pressure ulcers are an avoidable condition that merely require the proper level of care and attention. Instead, the family claims, the pressure ulcers were a result of the negligent care provided by the nursing home facility. The man had never suffered from a pressure ulcer before being admitted to this particular nursing home.

Former Maryland Nursing-Home Operator Ordered To Pay Restitution to Victim and Serve Three Years in Prison for Neglect

January 20, 2014 | Lebowitz & Mzhen

Earlier this week, a man was sentenced in Washington County for the neglect of an 84-year-old woman who was placed in the care of the man’s Boonsboro assisted living facility. According to a report by Harold Mail Media, the man pled guilty to neglect of a vulnerable adult for his role in the 2012 injuries suffered by a resident of his assisted living facility when she fell through the floor in a second-story bathroom. Apparently, the manager failed to properly cordon off the second-story bathroom. The accident left the elderly woman—who also suffers from dementia—without the ability to walk.

While this accident may seem shocking, what is even more upsetting is how it was handled by the manager. The manager reported that he heard a noise and, upon investigating, found the woman lying on the floor with a hole above her in the ceiling. When police responded to a possible assault on the elderly woman a few days later, the manager told police what happened, but said the woman did not sustain any injuries. However, in subsequent talks with the woman’s doctor, it came out that she had suffered a broken ankle, several broken ribs and vertebrae, a broken pelvis and a head injury likely all caused by the fall. The assisted living manager claimed that he “panicked” and didn’t know what to do.

At sentencing, the manager was given an eight year prison sentence, five years of which were suspended in favor of probation. In addition, he was ordered to pay the victim nearly $15,000 in restitution.

Peak Flu Season Is About to Hit Maryland Nursing Homes, Be Prepared

January 13, 2014 | Lebowitz & Mzhen

As if the cold temperatures of winter are not bad enough, every January and February “Flu Season” comes around, putting an extra damper on anyone’s season who is unlucky enough to contract the persistent and infectious disease. However, for some the flu is more than a pesky illness that requires we use a few sick days from work. To the elderly, the flu can be a life threatening illness.

One recent article by the Frederick News-Post notes that, while Frederick Memorial Hospital requires all hospital staff to be vaccinated, nursing home employees are not required to get the flu vaccine. Considering that nursing home employees work with an extremely vulnerable population—the same as the hospital employees—a nursing home employee’s failure to get vaccinated may have devastating repercussions, should an outbreak hit a nursing home.

The Effects of the Flu on the Elderly

To most of us, getting the flu means that we will have to take a week off of work, at the worst. However, the elderly are an especially vulnerable population. In fact, according to the government website, flu.gov, 90% of all flu-related deaths occur in people over the age of 65. This is due mostly to the fact that, as we age, our immune systems grow weaker and have a more difficult time fighting off the flu virus.