Nursing Home Abuse: Employee Arrested for Health Care Fraud

As nursing home abuse lawyers, we write about the many different forms of nursing home abuse in order to bring awareness to this serious issue. Most nursing home abuse cases are about abuse of power, whether that is through physical or mental terrorizing or stealing money from the patients or the facility.

Facility Administrator Received Money for False Transport Claims

new jersey philadelphia nursing home abuse lawyers employee arrested sugar land texasKelvin Washington, 47, who works as an administrator at a Sugar Land nursing home in Texas, was arrested on August 4, 2011 and is being charged with conspiracy, health care fraud and violations of the anti-kickback statute. He is being accused of creating a plan where he billed federal health care programs for ambulance transport and received payments totaling approximately $20,000 for referring the dialysis patients to a Houston ambulance transport service between 2003 and 2007. He allegedly conspired to have unknowing doctors sign transport prescriptions for patients who were never even admitted to the nursing home. Medicare and Medicaid were billed almost $1 million in false health care claims. The maximum penalties for a violation of the health care fraud statue in Texas is a maximum of 10 years in prison. The maximum sentence for a violation of the conspiracy statue or the anti-kickback statute is five years. Each of the 10 counts charged also carry a maximum $250,000 fine as punishment upon conviction.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed any questionable or abusive behavior in a nursing home, directed towards your loved one or even another resident, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Neglect Leads to $100,000 Fine and “AA” Citation

Nursing home abuse are much more prevalent in our society than many want to believe. As the elderly population grows, so do the instances of elder abuse and nursing home neglect. If you have a loved one in a nursing home or long term care facility, we highly recommend frequent and attentive visits. Visiting often and unannounced is a sure way to help decrease the chance of your loved being abused or neglected. If you notice anything strange, inquire about the course of treatment. If you stay on your toes, the facility will have no choice but to stay on theirs.

Facility Punished After Patient Death

new jersey philadelphia nursing home neglect 100,000 fine AA CitationCreekside Care Center in Stockton, California was fined $100,000 last month following the death of one of their residents. After an investigation from the state, they found that inadequate care led to the victim’s death. The nursing home staff failed to treat her properly after her left thigh bone broke in October 2008. The injury and lack of treatment led to cardio-respiratory distress and her death in the emergency room a few days later.

The California Department of Public Health gave The Creekside Care Center an “AA” citation, which is the most severe penalty under law. State fines range from $100 for Class B violations to a maximum $100,000 for the more serious AA violations. The administrator of the nursing home, Judy Treloar, said that the parent company Sunbridge Healthcare is contesting the citation. The home has filed a required plan of correction with the state Public Health department where they “promised to re-train staff to better monitor and follow up on changes in residents’ conditions. They also promised to audit all changes in residents’ conditions daily.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, we encourage you to visit frequently and be very observant of any scratches, bruises, or anything that does not look right. If you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Elder Abuse Leads to Double Arrest for Caretaker

new jersey philadlephia elder abuse lawyers double nursing home arrest caretakerSick and elderly citizens that depend on others for care are perhaps the most vulnerable of our population. Unfortunately, this populations is too often taken advantage of. Financial elder abuse is a prevalent form of abuse and something that occurs far too regularly. Seventy-eight year-old John H. “Herb” Friedlund has been arrested and faces charges of criminal mistreatment of 106 year old Frances Swan, in addition to first and second-degree theft. Friedlund is the former caretaker for Swan and has had power of attorney over her finances for the past ten years. He was arrested for neglect after Swan was found in her home in what can only be described as deplorable conditions: scattered dog feces, rotting food, firearms and ammunition. They found the elderly woman in a back room where the first words she said were “Please feed me. I haven’t eaten since yesterday.

Friedlund was released on bail but was arrested again after signs of financial elder abuse were uncovered. According to Stevens County Deputy Prosecutor Lech Radzimski, “The investigation into the criminal mistreatment has revealed that there was financial exploitation and our office will be filing charges as a result of that investigation.

Caretaker Wires Money Out of Elderly Woman’s Account

According to county records, Swan and her late husband, Severt Swan, sold land to Friedlund in 1985. The men became friendly with one another and Friedlund obtained power of attorney over Frances Swan’s finances in 2001. Authorities say that over $800,000 was removed from Swan’s account through a series of wire transfers to different individuals around the country and in Europe. Even though Friedlund had access to her accounts, under law he is bound to use those funds only for her benefit. Abusing the access is considered elder abuse. In addition to wiring the money, he also purchased a tractor, horse trailer, and other items that provided no benefit for Swan. Authorities have not yet decided whether to try the theft and mistreatment charges together or separately. Swan was removed from the home and is doing well at the Buena Vista nursing home in Colville, Washington.

Elder Abuse Lawyers in New Jersey and Philadelphia

It is very important that you monitor the finances of your elderly loved ones as theft and fraud are not rare forms of elder abuse. If your loved one is currently being taken advantage of financially, or if you believe that, as a resident of a care facility, they are being treated negligently or abusively, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse Leads to Death of Autistic Patient

Working in a nursing home or long-term care facility is an incredibly demanding and often thankless job. Long hours, low pay, and sometimes poor working conditions can cause staff members to become careless. However, Nursing home abuse should never be tolerated no matter what the situation. When dealing with disabled patients, who can be more unpredictable and erratic, treatment will require even more patience and care. These types of patients can be aggressive, but restraint should be a last resort and only used if there is an immediate danger to the patient or another individual.

Excessive Force During Restraint Leads to Death

new jersey philadelphia nursing home abuse lawyers restraints dangersJawara Henry, a 27 year old autistic patient at the South Beach Psychiatric Center, a state run facility in New York, died after a supervisor tried to restrain him. Henry was “agitated and aggressive and was biting staff and other patients,” when Erik Stanley, 37, a supervisor for disabled adults at the Staten Island mental health facility held him in a wrongful restraint. Stanley allegedly applied excessive pressure to the neck and torso of Henry. According to a source, he placed the patient in a “chokehold,” forced him onto his stomach, and got on top of the patient while he was face down on the floor. Stanley did “not follow protocol nor use proper techniques while to trying to restrain” and used “excessive force.” The medical examiner determined that the cause of death was asphyxiation by neck and chest compression. Stanley was charged with criminally negligent homicide and endangering the welfare of an incompetent or physically disabled person. He pleaded not guilty and was released without bail.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, we encourage you to visit frequently and be very observant of any scratches, bruises or anything that does not look right. If you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse Leads to Fractured Arm

Nursing home abuse is a growing problem. The nursing homes and long-term care facilities need to be more careful in choosing the caregivers that they hire, as it requires a special kind of person to care for the elderly. They need to be skilled and trained in the field, but they also need to have an incredible amount of patience for this kind of work. Many cases of abuse and neglect occur because caregivers lose their temper and take out their anger on the vulnerable elderly patient. No matter how frustrated or angry the caregiver gets with the patient, touching or hitting them in a forceful manor is never acceptable and should not be tolerated by the administrators of the facility.

Certified Nursing Assistant Breaks Patient’s Arm

nursing home abuse in NJ and PAA certified nursing assistant at the Fieldston Lodge Care Center in the Bronx, New York was attempting to treat an elderly female resident on January 2, 2011 with incontinence care when the resident resisted. The certified nursing assistant then grabbed the woman’s arm and twisted, causing the bone to fracture. The nursing home did not document the incident in the daily report and did not perform an x-ray on the victim until the next morning.

Man-handling a patient is unquestionably abuse. The facility also did not appropriately handle the incident. The first step should have been the care of the resident, followed by an accurate documentation of the incident.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or nursing home/care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse: Avoiding a Bad Facility

The decision to place a loved one into a nursing home or long-term care facility can be an incredibly difficult one. The fear that loved ones will not get the care they need, or the fear that they will fall victim to nursing home abuse or neglect will be undoubtedly be present. Therefore, it is very important that you feel comfortable with the facility that you choose. Doing your research before you place your loved one into a facility is a vital part of the decision process. We write about all of the horror stories that occur in nursing homes, but there are good facilities out there, you just have to find them.

Steps to Choosing the Right Nursing Home for Your Loved One

nursing home abuse NJ PAMake a List: The first thing that you need to do when choosing a nursing home is to make a list of local facilities. It is important that you look in an area that is close to family and friends. Your loved one may feel isolated and the presence of family and friends in the area can serve to keep their spirits up. There are several agencies and websites that can give you a list of nursing homes in the area to start from. Eldercare Locator is a good site that will connect you to agencies in your area.

Research: Once you have a list of homes in your desired area, you should then start doing some research on each home to eliminate the ones that have bad track records. The Centers for Medicare and Medicaid Services rank all of the nursing homes in the nation on a scale of one to five stars. By visiting the Medicare website, you can see which facilities have good and bad rankings based on health inspections, staffing, incidents and other factors. The Ombudsman office, a government office that investigates nursing home complaints, is a good resource to find out more about the homes you are considering. Doing a general Google search on these facilities can also be helpful to see if any of them have been in the news for nursing home abuse or neglect.

Call the Facilities: Once you have eliminated some facilities based on your research, you should call the homes left on your list. You should be asking questions to find out if they have availability at this time, what they charge, what their specialties are, and if they accept Medicaid. You should also explain any special needs your loved one has, to make sure the facility has the capabilities to handle any special cases.

Visit the Facilities: You should schedule a visit with your top choices to take a tour of the facility. While you are there, make sure to be very observant; notice the cleanliness, the smell, the equipment, the food, and the staff. Look to see if the residents seem happy. Is the staff attentive to the patients or do they seem overworked? If possible, talk to the residents and their families to ask if they are happy with the facility. You should also talk to the administrator or other staff member of authority to ask questions about staff screening, background checks, training procedures and staff turnover rates.

It may seem like a lot to remember, but make yourself a checklist of things that you want to learn about each nursing home before you go on your visit. Nursing home abuse and neglect are preventable. Doing your research and avoiding facilities that show red flags will increase your loved one’s safety.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse: Facility Kicking Out Abused Resident

About a month ago, we wrote about the nursing home abuse that occurred at the Prentiss Center for Skilled Nursing Care, a MetroHealth nursing home in Cleveland. Steve Piskor captured the abuse of his 78-year-old mother, Esther, on a hidden camera. In the videos, nurse’s aides Virgen Caraballo and Giselle Nelson are seen striking the patient’s face, violently throwing her into her bed and wheelchair, pushing her face into the wall, and repeatedly spraying her face with an unknown liquid that was later identified as perfume. Both women were fired and legal action was taken.

Facility Says Keeping Abused Resident is “Financial Burden”

According to a recent investigation, five nurses’ aides have physically abused or intimidated Esther Piskor. The state has cited the home for not taking action that “ensured the protection of residents” from abuse and for not properly training nurse’s aides. MetroHealth has fired several nurses’ aides, hired an outside agency to give Piskor security 24-hours a day and conducted mandatory training on sensitivity and patient care for all employees. According to Steve Piskor these actions “are far too late. I say it’s not a training problem. It’s an administration problem. It’s something that should have been watched more closely.

new jersey philadelphia nursing home abuse lawyers metrohealth Prentiss Center for Skilled CareThe facility now wants to transfer her to another nursing home. MetroHealth spokeswoman Susan Christopher said it was “in order to ensure her safety and welfare.” But Steve Piskor is afraid that the move is because he refused to remove the hidden camera from his mother’s room and that moving his mother would not be good for her. “My mother is the victim,” Steve Piskor said. “She’s not the problem. Metro wants to make it out like she’s the problem.” MetroHealth is saying that the camera is a violation of their policies and that caring for Piskor is becoming “too much of a financial burden.

More people are coming forward about the abuse of Piskor. Jacklyn Lauren was visiting her father at the facility when she witnessed the nursing home abuse of Piskor. She saw a nurse’s aide pushing food into Piskor’s mouth and when the aide came up to Lauren she said she wished Piskor “would die.” Lauren said “She was trying to talk to me like we were friends and she said … ‘God, I hate that woman. I wish that woman would die.‘ She used profanity with the situation.” Lauren reported what she saw to the head nurse but was ignored.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, we encourage you to visit frequently and be very observant of any scratches, bruises or anything that does not look right. If you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse Lawyers Discuss Bed Sores – Stage IV

This is the fourth and final post in a series detailing the differences in the stages of bed sores. Our professionals represents clients all over the New Jersey and Philadelphia region with bed sore related injuries and is writing this series to inform the patients and their families about the different stages of bed sores, and their legal rights. This post is about Stage IV bed sores, the most serious and deadly stage.

Are Stage IV bed sores preventable?

new jersey philadelphia nursing home abuse bedsore attorneys bed sore stage 4Stage IV bed sores are horrifying wounds that cause incredible damage to the health of a person. If you or your loved one has a Stage IV bed sore that is currently not being treated,  it needs to be treated immediately for the health and safety of the patient. Unfortunately, Stage IV bed sores start off as Stage I bed sores, as discussed in previous blog posts, which are entirely preventable by attentive medical professionals.

When patients have a Stage I bed sore, there are many things that can be done to prevent the further degradation of the patient’s skin and muscle structure, including frequent repositioning to alleviate pressure on the skin. However, in some cases, a facility is under staffed, or has uncaring employees, that will allow a patient to lay in the same position for days, sometimes in their own bodily fluids. Patients that rely on the care of medical professionals, and cannot reposition themselves, are most likely to fall victims.

What are Stage IV bed sores?

Bed sores that have progressed to a Stage IV level are very serious and have a damaging impact on a patient’s health. The symptoms include: extensive destruction and tissue death to muscle, bone, and supporting structures (tendons, joints, and capsules). The wound will look like large, deep, and open, revealing bone and connective tissues. This is the last and most serious stage of bed sores. Even posting a picture of a Stage IV bed sore would be too graphic for this blog.

Bed Sores Lawyers of New Jersey and Philadelphia

A stage IV bed sore is a tell tale sign of nursing home abuse. A wound should never, under any circumstance, progress to this level. If you or your love one suffered a stage IV bed sore while in a nursing home or assisted living facility, please contact the Mininno Law Office for a free case evaluation and consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. You have suffered enough, it is time you received the compensation you deserve.

Nursing Home Abuse in Hawaii Facilities Go Unpunished

Hawaii has the lowest number of nursing home abuse sanctions in the country, but this is not necessarily because they have the best care. There is a troubling pattern in Hawaii; regulators rarely punish facilities for deficient care, even if the deficiencies bring direct harm to residents. In 2010, the Centers for Medicare and Medicaid Services only imposed one sanction against a Hawaii facility. In the past six years, CMS only took actions against 4 percent of Hawaii facilities that were cited deficiencies, while the national average is 30 percent.

According to Bob Ogawa of the Hawaii Long Term Care Association, “Unless an incident is the result of a systemic, willful and ongoing disregard of those goals, the focus should be on working together to ensure it never happens again.” He also said that fines are not guaranteed to improve care, but they would take money away from improving care. Many other advocates for the elderly disagree with Ogawa; they believe that this creates a system where institutions know that they will be getting a second chance before any punishment is implemented.

Sexual Abuse from Nurse’s Aide Does Not Result in Sanction

new jersey philaldephia nursing home abuse lawyers kahala nui hawaii mark genetianoAn example of abuse that was not sanctioned by the state occurred in one of Hawaii’s premiere facilities, Kahala Nui. The home failed to protect their residents from a sexually abusive nurse’s aide and failed to properly investigate the allegations of abuse. they also failed to examine or interview any of the nine women who said the employee mistreated them between April 2008 and June 2009.

Mark Genetiano, the certified nurse aide accused of the abuse, was not reprimanded, even after co-workers witnessed mistreatment over several months in 2008, such as pinching the breasts of severely demented women under his care. It was not until he was seen striking a resident with a hairbrush in June 2009 that he was suspended. An investigation was also started by the facility that brought the previously unreported sexual assaults to administrators’ attention. Genetiano was then fired and the police were contacted. He pleaded guilty last year to six counts of third-degree sexual assault for abusing four women, completed a one-year prison sentence and was deported to the Philippines. The other workers who witnessed the abuse told inspectors that they were too scared of Genetiano to report him.

The state of Hawaii did cite the nursing home for failing to “ensure that all alleged violations of mistreatment, neglect or abuse were thoroughly investigated and reported immediately to the facility administrator and to other officials in accordance with state law” and that the facility failed to protect the residents from further abuse but no sanctions were issued. According to Pat Duarte, chief executive of Kahala Nui, “The incidents of 2009 were dealt with by administrators swiftly, the perpetrator was terminated and action was taken to ensure justice was served … we have now put that unfortunate chapter behind us.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Bed Sores – Stage III

Our professionals handles bed sore cases of varying degrees throughout the New Jersey and Philadelphia region. In the previous two blog posts within this series, we have discussed stage I and stage II bed sores. Unfortunately, most cases that we are involved in typically involve Stage III and Stage IV bed sores, the most serious and dangerous types. Again, it is unfortunate to see our clients and families ailing from such an easily preventable, yet painful, and deadly condition.

What is a Stage III Bed Sore?

new jersey philadelphia nursing home abuse lawyers bedsores bed sores stage IIIStage III bed sores are incredibly serious and need immediate attention, as healing bed sores that progress past Stage II is extremely difficult. A stage III bed sore will display skin loss involving damage or death to the subcutaneous tissue that may extend to the connective tissue. The wound will look like a deep crater which is black around its edges. Subcutaneous fat may be visible, but bone, tendon, or muscle is not. There may be tunneling and undermining in the skin.

If you have seen a Stage III bed sore, it is very sad and disturbing. It is disturbing for a number of reasons. First, the wound itself is almost unimaginable, especially considering the time it takes for a pressure sore to progress to this level. They are disturbing because often, they are accompanied with a foul odor. These sores are 100% preventable and their occurrence should never be of issue. Negligence is the only factor to be considered when dealing with the cause of a bed sore.

Bed Sores Lawyers of New Jersey and Philadelphia

At this point, if your loved one has a Stage III bed sore, recovery is certainly going to be more difficult. The wound has progressed into a stage where healing is less likely. Also, it is almost certain that neglect or abuse has played a part in the development of the wound. No one should have to endure this type of pain. Contact the Mininno Law office at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia for a free case evaluation and consultation today. You deserve to be compensated and the parties responsible for your injury should be held responsible.