Nursing Home Abuse Lawsuit Blocked by Facility Document

The decision to put your loved one into a nursing home or long-term care facility can be a heartbreaking time. Choosing the right facility, worrying about the quality of care, and making the financial commitments can be very overwhelming. It is important to do your research with every nursing home that you consider. Look into past accusations of nursing home abuse, research the experience of the medical staff, compare facility conditions and make sure to carefully read every document before you sign.

Trinity Mission Does Not Live Up to Expectations

Nursing Home Abuse Lawyer NJ PA
Photo by: Tim Pierce
Cindy Farese, a Mississippi woman, was very upset when her mother’s doctor told the family that she needed to be put into a nursing home. They had promised her mother, Virginia Valentine, that she would never be put into a care facility. As hard a decision as it was, Farese and her family chose Trinity Mission Health & Rehab in Holly Springs, Mississippi.

They immediately started to notice a change in their mother; she was always a vibrant, happy 79 year old. Once she entered the nursing home, she started to lose weight, stopped eating, and was no longer herself. The family knew something was wrong and insisted that the facility take her to the hospital. They were appalled with what the doctors at the hospital found. “She had blisters from front to back where she had not been changed,” Farese said.

The hospital also diagnosed Virginia with Clostridium Difficile, or “C-Diff.” The nursing home had been giving Virginia very strong antibiotics to prevent infection, however, when overexposed to antibiotics, bacterias become resistance to their effect. The antibiotics that Trinity Mission gave to Virginia became ineffective, allowing C-Diff to form. If the nursing home had been doing their job and not neglecting Virginia, the strong antibiotics would have not been necessary and the c-diff would not have developed. C-Diff eventually killed Virginia Valentine.

Mississippi Family Urges You to Read All Admission Documents

Cindy Farese wanted to sue Trinity Mission Health & Rehab for killing Virginia, but when her mother was admitted, she signed an ‘Alternative Dispute Resolution Agreement. She unknowingly signed away her right to a jury trial. Luckily, Cindy’s husband, John Booth Farese, is an attorney and was able to find a legal loophole in the document. He deposed nine employees and got the nurses to admit on the record that they knew Virginia’s condition was worsening and recorded it on her medical chart but never informed the doctor.

As nursing home abuse lawyers, we strongly recommend carefully reading over every document a nursing home gives you to sign. If you have any questions about these documents, we urge that you have an attorney look them over before signing. If you are not careful, you may be giving up your right to go to court, despite the wrongfulness of a facilities actions.

Nursing Home Abuse and Neglect Lawyers in NJ and PA

If your loved one is currently a resident of a nursing home or long term care facility, or you are considering placing them into one, pay close attention to the facility and every document you are asked to sign. If you are worried that the care they are receiving is negligent or abusive, 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 – Resident Dies Trapped Between Bed Rails

new jersey philadelphia Nursing Home Neglect lawyers resident trapped between bedrailsNursing homes and long-term care facilities have made modifications to prevent accidents and nursing home neglect. Falling is a big problem with the elderly because of their compromised balance and cognitive impairment and falls can have more drastic consequences because of their fragile health. According to the American Academy of Family Physicians, falls are the leading cause of accidental deaths in people 65 years or older, account for 70 percent of accidental deaths in people 75 years of age and older, and 60 percent of nursing home residents fall each year. Many nursing homes have preventative measures in place such as floor mats, bars in the bathrooms and bed rails to prevent falls. However, some of this equipment that is meant to prevent injury can actually be fatal in other ways.

In December of 2004, 75 year old Harry Griph Sr. was found dead in his room at the New Perspective assisted living facility in Brookfield, Wisconsin. His neck was trapped between the mattress and the bed rail, where he became asphyxiated. Although cases like this are happening all over the country, bed rails are still being used in many nursing homes.

Dangers of Bed Rails

According to geriatrician and bioethicist Steven Miles of the University of Minnesota, “Rails decrease your risk of falling by 10 to 15 percent, but they increase the risk of injury by about 20 percent because they change the geometry of the fall.” When patients climb over the rails they fall from higher levels and are more likely to hit their heads. Another danger of the bedrails is getting stuck within the rails or between the rail and the mattress. According to Dr. Miles,

“A person will roll into the slot next to the rail, and the mattress slides to the opposite side. That doubles the size of the gap. The patient drops into the gap, the mattress presses against his chest and he can’t breathe.”

The patient can then die from asphyxiation within minutes.

Although bed rails are meant to prevent nursing home neglect, they are in fact doing more harm than good. In 2006, the F.D.A. issued guidelines for the use of bed rails in nursing homes and long-term care facilities, and since then, their use is decreasing. However, about 10 percent of nursing home residents occupy a bed with bed rails and with the number of elderly entering nursing homes rising, there are many at risk. The only way to solve the problem is to enforce manufacturing standards that prevent the potential of becoming trapped between the mattress and the rail.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one has been seriously injured as a result of bed rails, or you fear that the care they are receiving may be considered negligent or abusive, you probably have a lot of questions and concerns. 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.

Attorneys Warn of Complications Associated with Bed Sores

new jersey philadelphia Bed Sore lawyers warn complications associatedBed sores are a debilitating and completely avoidable occurrence in a nursing home or other similar care facility. As bedsore lawyers, it is important that we alert our public of the dangers of bed sores and what their formation means for the quality of care our loved ones are receiving in nursing homes. Bed sores are not only painful, but can lead to serious complications.

Bed sores or pressure ulcers are defined as “injuries to the skin and underlying tissues that result from prolonged pressure on the skin.” Bedsores most often deveolp on skin that covers bony areas of the body such as the heel, ankles, hips or buttocks, and they occur when a patient in a nursing home or long term facility is receiving negligent care. When staff members fail to reposition bed or wheelchair ridden patients, bedsores will form. We believe it is important that we educate everyone on the dangerous complications that can arise from the development and subsequent non-treatment of bed sores and pressure ulcers.

Complications from Bed Sores

Sepsis — Sepsis occurs when bacteria gets into your blood stream through broken skin. Because bed sores are essentially open wounds, Sepsis is a real threat. Once this occurs, the bacteria moves rapidly through your body causing a life threatening condition that can lead to organ failure.

Cellulitis — Cellulitis is an acute infection of your skin’s connective tissue. It causes pain, redness, and swelling, all of which can be quite severe. Cellulitis itself can also lead to life threatening complications including sepsis and meningitis, which is an infection of the membrane and fluid surrounding your brain and spinal cord.

Bone and Joint Infections — Bone and joint infections occur when the infection from a bed sore goes deep into your joints and bones, limiting the function of joints and limbs. Often times, people that aquire bed sores already suffer from limited functionality, so these infections make movement all the more difficult.

Cancer — Even Cancer has been linked to bed sores. The devolpment of a certain squamous cell carcinoma can develop from non healing wounds. It is an aggressive cancer and usually requires surgery.

Bed Sore Lawyers in New Jersey and Philadelphia

If you or someone you love has suffered from a bed sore due to the negligence of a nursing home or long term care facility, your nightmare may just be beginning. It is important that treatment begin promptly to not only heal the bedsore, but to hopefully prevent some of the possibly painful and deadly complications that can arise.
Contact the Mininno Law Office for a free case evaluation. You may alsow call for a free consultation at (856) 833-0600 in New Jersey, and (215) 567-2380 in Philadelphia.

Nursing Home Abuse Occurs as Fraud and Theft

Not all forms of elder and nursing home abuse are physical. Financial elder abuse is becoming more of a problem in this country. Nursing home employees and caregivers are taking advantage of the elderly and sometimes even stealing large amounts of money from them or putting themselves in charge of their finances. Banks will often issue signature stamps to their elderly and disabled customers who are not able to physically go to the bank. Some caregivers are using these stamps to steal thousands of dollars from their elderly patients.

Caregiver uses Signature Stamp to Steal from Elderly Woman

Liz Sanders is a Southern California woman who is fighting against financial elder abuse because her mother, Bette Isenberg, was taken advantage of by her caregiver. Before Bette died at the age of 82 last year, she was bedridden and required round-the-clock care. The woman charged with her care used a signature stamp to cash checks, empty her bank account, access her life insurance fund, and add herself to department store accounts by faxing over a letter that was signed with the signature stamp. Helen Wofford was convicted and sentenced to 32 months in prison. Liz sanders testified to the life-altering effects of Wofford’s actions:

“This $20 signature stamp cost my mother three-quarters of a million dollars and left her in financial ruin. This has been heartbreaking and I don’t want any other family to have to go through this.”

new jersey philadelphia Nursing Home Abuse lawyers occurs fraud theftMs. Sanders is now testifying in support of a bill authorized by Senator Fran Pavley that will enforce new regulations on the issuing of signature stamps. The bill would make it harder for caregivers with ill intentions to obtain the stamps by requiring that a bank employee witness and sign all requests for new signature stamps. Customers given the stamps will also be provided with information on the risks associated with them, in hopes that people will be more aware of the signs of theft or fraud, and also more careful of where the signature stamps are kept. The bill would also increase the punishment for financial elder abuse in California.

This is an excellent step in protecting the elderly from being taken advantage of in California. However, the rest of the country needs to be aware of this issue. Ordering signature stamps for your elderly loved ones can be risky and should be done with caution. Do not leave the stamp around where caregivers or others could potentially take possession of them. Check bank and credit card statements on a regular basis to make sure there are no mysterious charges, and report any suspicions that you may have.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is being taken advantage of financially, or you believe the care they are recieving is abusive or negligent, you should 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, and (215) 567-2380 in Philadelphia.

Nursing Home Neglect Can Lead to Bed Sores

Nursing home neglect is a huge cause for the development of bed sores and pressure ulcers. Nursing homes and long term patient care centers are responsible for giving good and professional care to their patients. Often, when a nursing home has a record of neglect or abuse, you will find patients that have acquired painful and often dangerous bed sores. It is important for a patient’s loved ones to know the symptoms and signs of bed sores and pressure ulcers so that they can immediately take action when stage one bed sores start to form.
When it comes to bed sores, prevention is the best medicine, but if prevention isn’t happening due to abuse or neglect on the part of the nursing home, a loved one needs to be ready to step in and take action. The best thing you can do to protect your loved one is to become familiar with the bedsore symptoms and stages so immediate help can be given.

Symptoms of Bed Sores and Pressure Ulcers

new jersey philadelphia bedsores pressure sores lawyers nursing home neglectBed sores are categorized into 4 stages. The National Pressure Ulcer Advisory Panel has defined the four stages. If these stages aren’t treated, they will continue to worsen.

Stage I
Stage I bed sores are characterized by a slight may change color in the area affected. The skin is intact, but the site may also painful, firm, soft, warmer or cooler compared with the surrounding skin.

Stage II
Stage II bed sores are an open wound. The pressure ulcer may appear as a shallow wound, or it may appear as an intact or ruptured fluid blister.

Stage III
Stage III bed sores are now a deep wound. The ulcer will have a crater like appearance, the bottom of the wound my have yellowish dead tissue, and the damage may now extend beyond the primary wound.

Stage IV
Stage IV pressure ulcers show a large scale loss of tissue. The wound may now expose muscle, bone and tendons. The bottom of the wound usually contains crusty dead tissue, and the damage extends beyond the primary wound below layers of healthy skin.

Careful Skin Inspection Should be Part of Routine Nursing Home Care

It is very important that nursing homes carfully inspect the skin of all nursing home patients that are confined to a bed or wheelchair for a long period of time . Not properly inspecting these patients is a true sign of nursing home neglect. If you recognize any of these warning signs, a doctor should be contacted immediately. Bed sores are very painful, and they are also very dangerous, as they can lead to life threatening infections. Early detection of a bed sore can be the difference between life and death.

Bedsores are a Sure Sign of Nursing Home Neglect and Abuse

If your loved one has acquired a bed sore while in a nursing home, or has had negligent treatment of a bed sore or pressure ulcer, immediately seek further medical attention. Our lawyers are dedicated to holding nursing homes responsible. Contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, and (215) 567-2380 in Philadelphia.

Nursing Home Neglect Causes Dehydration and Malnutrition

Dehydration and malnutrition are the most common forms of nursing home neglect and abuse. Nursing homes have a legal obligation to make sure that the health of their residents is being taken care of; this includes sustaining proper nutrition and hydration. They are responsible for making sure each resident receives a sufficient amount of nutrients, fluids, calories, protein, vitamins and minerals. If an elderly person becomes dehydrated or malnourished, it can lead to many health problems, including weakened immune system, disorientation, weak muscles, bedsores, and even death.

The elderly are the most vulnerable to dehydration because they may not be able to tell when they are thirsty. In addition, their bodies are no longer able to conserve as much water. Their other health problems also increase the likelihood of becoming dehydrated or malnourished. People with dementia can forget to eat or drink water. Those residents that are physically unable to take care of their own basic needs must rely on the caretakers of nursing homes to do so for them.

Warning Signs and Causes

Dehydration is an excess loss of body fluids. Signs to look out for are new jersey philadelphia nursing home neglect lawyers abuse dehydration malnutrition

  • thirst
  • loss of appetite
  • dark colored urine
  • dry mouth
  • dizziness
  • dry skin
  • vomiting
  • difficulty breathing
  • seizures.
  • Malnutrition is caused from an unbalanced diet; a lack of the right nutrients or not having enough food in general. Some of the signs that your loved one is malnourished are new jersey philadelphia nursing home neglect lawyers abuse dehydration malnutrition

  • weight or muscle loss
  • fatigue
  • bloated abdomen
  • mental decline
  • decreased organ function
  • cramps
  • heat strokes
  • brain swelling
  • kidney failure
  • drop in blood pressure
  • coma or death.

With all of the physical complications present in the elderly, dehydration and malnutrition are often overlooked or attributed to other causes. In order to avoid this form of nursing home neglect caretakers need to know the signs and constantly be looking out for them in each patient. They need to know each patient’s individual needs, their physical limitations, health issues and medications so they can make the required adjustments to avoid dehydration and malnutrition.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident at a nursing home and you believe they may not be getting the proper hydration or nutrition, contact the Mininno Law Office for a free case evaluation. You may also call with any questions for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Neglect Can be Caused by Poor Working Conditions

With the nation’s elderly population increasing to an all time high, nursing home neglect is becoming a bigger problem than ever before. More direct care workers are needed to staff the nursing homes and long-term care facilities to keep up with the growing number of residents. Quality employees are in high demand and it is more important than ever to make sure that their working conditions are acceptable. This is a demanding and often thankless job, and unhappy employees can be the beginning of the nursing home neglect cycle.

Unsatisfied Employees can have Fatal Consequences

Nursing Home Abuse NJDirect care workers spend the most time with the nursing home residents. They are responsible for the daily tasks such as feeding, changing, and bathing and are frequently the most under appreciated of the nursing home staff. They often make low hourly wages without benefits and have little say in the actual care of their patients. Many direct care workers feel disrespected by their superiors. This anger is often taken out on the residents through direct abuse or neglect.

By giving these employees significant responsibilities, they will take more pride in their work and abuse and neglect will decrease. Making the direct care workers feel valued will improve overall care. Nursing homes and long-term care facilities need to implement a standard of care with their staff. Knowing exactly what is expected of them will eliminate careless mistakes. Investing in the employees through training and open communication about the care of the residents will make the staff feel more prepared and respected. These policy changes will improve the general work environment of the direct care workers and will hopefully lower the risk of neglect of the residents they care for on a daily basis.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident at a nursing home and you fear that the care they are receiving may be considered negligent or abusive, you should contact a nursing home neglect lawyer for help. 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 of Oral Health Leaves Woman Gravely Ill

Nursing home neglect can affect many areas of care. One often overlooked area is oral hygiene. Oral health can affect the overall health of the already at risk population and there is little dental care in place in many of the country’s nursing homes. But dental care is starting to get better and they are even offering their patients Invisalign in Calgary.

A resident of a Kentucky nursing home contracted a potentially life threatening gum infection because the staff failed to remove her dentures for six months. A staff member was told of the woman’s dentures when she was admitted, but it was never noted in the chart. From there on out, the teeth were believed to be natural. The dentures were never removed or properly cleaned in the six months she had been under the nursing home’s care. It wasn’t until the resident’s face started to swell that she was examined by a dentist, who discovered that the dentures were corroded and had not been cleaned in quite some time.
The nursing home was issued a Type A citation, which qualifies an event as an immediate threat of death or injury to a nursing home resident. The home lost federal funding and has been temporarily shut down. The residents have been transferred to other facilities.

Oral Health Affects Overall Health

new jersey philadelphia nursing home abuse lawyers Oral Health Woman Gravely IllMany nursing home residents have physical and psychological disabilities that make caring for themselves difficult or impossible. These residents need the staff to be attentive to thinks like oral care in order to prevent the physical complications that can result. Eating less and losing weight is one problem associated with poor dental care, something that can cause severe problems in the elderly.

Better oral care is desperately needed in many nursing homes and can easily be improved upon. Training the facility staff in dental hygiene is one small change that can significantly enhance the care of your loved ones. Long-term care facilities are required by law to follow certain guidelines and protect the health of their residents.

Nursing home neglect lawyers always recommend frequent and unscheduled visits to the facility where your loved one resides. The best way to be aware of the kind of care the home provides is to show up often and unannounced. Advocate for your loved one’s quality of life by doing what you can to improve it. If that fails, turn to the nursing home neglect lawyers at the Mininno Law Office, who will advocate for your loved one’s legal rights.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one’s dental hygiene is not being cared for, they could be in very real danger of more serious complications. You should discuss this issue with the staff at the nursing home and, if you aren’t completely satisfied with the responses you are receiving, 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, and (215) 567-2380 in Philadelphia.

Let the nursing home neglect lawyers at the Mininno Law Office fight for your loved one’s rights.

Nursing Home Abuse Can Occur Through Chemical Restraint

According to a report recently released by the Department of Health and Human Services, 14% of the 2.1 million elderly nursing home patients, during the first 6 months of 2007, were being prescribed at least one atypical anti-psychotic drug. It was found that over half of that 14% were prescribed the drugs for dementia alone. The anti-psychotics, including Seroquel, Zyprexa, and Risperadal, have NOT been approved for use in the treatment of dementia. In fact, the FDA has indicated that not only do these drugs offer no benefits to dementia patients, they actually can cause life threatening side effects. This undoubtedly a form of nursing home abuse.

Nursing Home Abuse via Chemical Restraint Is an Easy Form of Control

new jersey philadelphia nursing home abuse lawyers Chemical RestraintIt seems that the drugs are being used as chemical restraints; a way to sedate patients so that they require less attention. As an added “bonus,” the home can end up making a large profit from this practice. Due to medicaid reimbursements, the home is making money on every patient they wrongfully sedate with anti-psychotic drugs.

Nursing homes get paid a lot of money to care for your loved ones. Most of the time, they drain your loved one of all of their resources, perhaps even some of yours, and then continue to collect insurance payments. These costs should afford our elderly and sick population good, dedicated, and attentive care. The misuse of anti-psychotic drugs to restrain patients is depraved. Safeguards need to be put into place to make sure that such prescription drug abuse is not occurring.

Nursing Home Abuse Lawyers Are Here to Help

If your loved one is being given atypical anti-psychotic drugs to “help with dementia“, you are witnessing nursing home abuse or neglect. You should discuss this issue with the staff at the nursing home and, if you aren’t completely satisfied with the responses you are receiving, 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, and (215) 567-2380 in Philadelphia.
Our lawyers are dedicated to eradicating the disturbing trends of nursing home abuse in long term care facilities throughout the nation.

Nursing Home Neglect Very Dangerous to Alzheimer Patients

Nursing home neglect is very serious problems in this country and affect one of the nation’s most vulnerable populations. Within that already vulnerable population are those that are particularly vulnerable. These are the millions of people that suffer from Alzheimer’s Disease.

What is Alzheimer’s Disease?

nj and pa nursing home neglect attorneysAlzheimer’s is a progressive neurological disorder that eventually leads to dementia. This dementia causes a significant loss of mental capabilities, which in turn causes memory loss that can interfere with social functioning. In 2000, 4.5 million people in the U.S. were diagnosed with Alzheimer’s Disease. Of those diagnosed, 7% were between the ages of 65-74, 53% between the ages of 75 and 84, and 40% were 85 or older. Because of the severity of the effects of Alzheimer’s, many sufferers are forced to enter nursing homes to receive the necessary care, so it’s safe to say that a huge portion of residents in nursing homes are Alzheimer’s patients. It is expected that the rate of the disease will grow three-fold by the year 2050, with 13.2 million people being diagnosed.

Because the disease has such a profound affect on mental abilities, those suffering with Alzheimer’s need very specialized and careful care. People with this disease may not remember to eat or drink, or to move around enough to avoid becoming bed or wheelchair ridden. They may be on a number of medications, and end up over or under medicated. These are all issues that, if not properly regulated, can lead to dangerous results. Failure on the part of a nursing home to properly care for these very ill patients can be seen as nursing home neglect. Bedsores become a very real threat when bed ridden patients without the mental properties to care for themselves are not cared for by an attentive and dedicated staff. Bedsores are painful and potentially fatal, and can diminish the quality of life these patients have left.

Will the Rise in Alzheimer’s Lead to More Cases of Nursing Home Neglect and Abuse?

What will the rise of Alzheimer’s Disease diagnoses and the subsequent rise in nursing home patients mean for our loved ones? It is likely that, unless we are all very vigilant, the rise of patients in nursing homes will be accompanied by a rise in nursing home abuse and neglect. Bed sores and pressure ulcers, accidents, malnutrition, and other signs of neglect may become more prevalent. Nursing home neglect attorneys advocate for the proper care of nursing home patients, as should you. Protect your loved ones by visiting often and keeping a close eye on the the care they receive.

Nursing Home Neglect Attorneys in New Jersey and Philadelphia

If you believe your loved one has been abused or neglected in a nursing home, please contact the NJ and PA nursing home neglect attorneys at the Mininno Law Offices. We are dedicated to eradicating the current trends of abuse and neglect found in the nursing homes across the country.

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, and (215) 567-2380 in Philadelphia.