Maryland Nursing Home Lawyer Blog

Nursing Home Negligence—The Four Stages of Pressure Sore Development

December 29, 2010 | Lebowitz & Mzhen

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.

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

December 27, 2010 | Lebowitz & Mzhen

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.

CA Judge Accepts $50M Nursing Home Lawsuit Settlement from Skilled Healthcare

December 24, 2010 | Lebowitz & Mzhen

In recent blog, our Baltimore, Maryland nursing home negligence attorneys discussed the recent announcement by the California nursing home operator Skilled Healthcare Group Inc., who offered an over $50 million lawsuit settlement to avoid paying the $677 million verdict in damages, awarded by a Humboldt County jury earlier this year after a year long nursing home negligence trial.

According to the San Francisco Chronicle, a judge recently approved the nursing home operator’s agreement to pay almost $63 million to settle the nursing home negligence lawsuit, after the company claimed it would face bankruptcy if forced to pay the $677 million verdict to the former and current patients of the home.

In the July verdict, the jury found that Skilled Healthcare violated state regulations by neglecting to properly staff the legally mandated number of nurses required for duty in the 22 facilities throughout California, leading to the nursing home neglect of the residents.

The company reportedly agreed to pay $50 million to the nearly 32,000 patients who lived at one of Skilled Healthcare’s 22 homes in California, and to their lawyers. According to California State law, nursing homes are required to provide 3.2 hours of direct skilled nursing care per day, per patient, so Skilled Healthcare will also reportedly pay around $12.8 million to comply with the California mandated staffing levels. In exchange, the Plaintiffs reportedly agree to formally dismiss the original verdict.

Children of Hollywood Actor Gene Barry Sue Nursing Home for Elder Abuse and Negligence

December 15, 2010 | Lebowitz & Mzhen

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.

Reducing Nursing Home and Hospital Falls to Prevent Patient Injury

December 7, 2010 | Lebowitz & Mzhen

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.

Federal Nursing Home Reform Act Compliance

December 6, 2010 | Lebowitz & Mzhen

In a recent blog, our nursing home lawyers based in Baltimore, Maryland discussed the Nursing Home Reform Act of 1987, (NHRA) and the standards and services legally available to residents under the act, to prevent nursing home negligence, abuse, or substandard care.

The main objective of the NHRA is to make sure all nursing home residents are entitled to receive quality care and attention in a nursing home environment that improves and maintains their highest mental and physical health and psychosocial well being. To secure that quality care is provided in homes, the NHRA requires that homes provide each resident with certain services, and a Bill of Rights.

As our Baltimore nursing home attorneys reported previously in a blog, nursing homes receive Medicare and Medicaid payments for long-term resident care only if they receive state certification to be in compliance with the NHRA requirements. To monitor whether or not nursing homes meet the requirements, the act established a certification process that requires each state to conduct surveys in the home that are unannounced and poised at irregular intervals, at least once every 15 months.

The surveys reportedly focus on the residents’ quality of care, rights, quality of life, and the home’s provision of resident services. Targeted surveys are also performed, with resident interviews, and any nursing home negligence or other resident complaints against the home are required to be investigated.

Negligence Lawsuit Settlement Reached—Home Sued After Wandering Veteran Froze to Death

December 1, 2010 | Lebowitz & Mzhen

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.

Residents’ Rights under the Nursing Home Reform Act of 1987

November 30, 2010 | Lebowitz & Mzhen

As our Baltimore, Maryland nursing home injury attorneys discussed in a recent blog, under the federal Nursing Home Reform Act of 1987, (NHRA), all residents living in nursing homes are entitled to receive quality care and attention in an environment that improves and maintains their highest physical, mental health and psychosocial well being.

According to AARP, in 1986, Congress ordered a nursing home study to be performed by the Institute of Medicine, IOM. The study reportedly revealed widespread nursing home negligence, abuse, and substandard care. The IOM proposed massive reforms, a large majority of which became law in the passing of the NHRA, which is part of the Omnibus Budget Reconciliation act of 1987, (OBRA).

The NHRA secures quality care by requiring certain nursing home services to every resident and by establishing standards for these services. Required services include, periodic assessments of each resident, pharmaceutical, rehabilitation, and social services, a care plan for each resident that is comprehensive, and the services of a full-time social worker if there are more than 120 beds in a nursing home.

A Bill of Rights was also established under the NHRA to secure quality care for each resident. Under the Resident’s Bill of Rights, a resident has the right to freedom of nursing home neglect, abuse and mistreatment, and the right to treatment that is free from physical restraints. Under the act, residents and patients also have the right to privacy, the right to be treated with dignity, the right communicate freely, the right to have medical, social, physical and psychological needs accommodated, the right to exercise self determination, and the right to participate in reviewing their own plan, with full disclosure in advance about any changes in treatment, care, or status change within the nursing home. Nursing home residents are also entitled to communicate any problems without experiencing any discrimination or retaliation.

Estate of Sexually Assaulted Resident Sues for Negligence and Abuse

November 26, 2010 | Lebowitz & Mzhen

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 Personal Injury Lawyers 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.

ManorCare Sued by Injured Woman for Nursing Home Fall

November 25, 2010 | Lebowitz & Mzhen

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

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

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

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