Category: nursing home abuse

Nursing Homes in Danger of Disappearing

According to a report from Connecticut, many nursing homes and their staff and services are in serious danger of being cut and even closed completely due to Medicare rate adjustments and other cuts as part of the health care reform. The president of the American Health Care Association even sees many nursing homes closing because of these cost cuts. The U.S. Census Bureau shows that 1.85 million people are now being taken care of in the nation’s 16,000 nursing homes and this is up from 1.79 million in 2007. This is clearly not the time to be cutting nursing home funding and closing nursing homes. Despite these figures though, many nursing homes, including twenty-four in Connecticut are being cut and closed due to rising costs and the challenge to keep big nursing homes running. Many people that are getting older, are disabled, and need the nursing home care are now turned away because of heavy debts and other problems. Many businesses are struggling due to the recession, but it may not be the best idea to include these types of cuts in health care reform especially since more people than ever need the care.  We need to still remember people first and money second. If we do not help this long term care crisis, there will more injuries, problems, and improper health care not only now but every day all over the U.S. long into the future.  

For more information on this nursing home crisis, you may visit this page.

If you feel that your loved ones have been the victim of nursing home abuse or neglect, please contact a medical malpractice attorney right away. They will help you advocate for the rights and care of your loved ones and help you get them what they need.

How to look for Good Long Term Care Facilities

When a family member or loved one needs care but it has become too hard for you or your family to give it yourself, you want to find the best care possible for your loved ones. Too many times we hear stories about people that go to this nursing home or to that one and end up with injuries, are abused, suffer from malnutrition, have bed sores or other problems. Unfortunately, these are not just stories. These things happen to millions of elderly people every single day. If you want to make sure you are taking your loved one to a “sage” or high quality care facility, there are couple things you can do. You can talk with friends and neighbors about places they have tried and get a general idea of what to look for and then you can go online to www.medicare.gov

On this website you can search for nursing homes by state, city and more and then it will bring up a list of nursing homes and how they are rated based on their overall rating, health inspections, nursing staff, and quality measures. This website also lists what insurance programs they participate in and whether or not the nursing home is non-profit. Once you have this list, you can begin calling places and asking to see the facility or even to spend a day with a resident who lives there. It is important to see what actually goes on at a long term care facility, so that you know you are sending your loved ones to a place where they will be treated well for any injuries or sores they may get and where measures are taken to prevent nursing home abuse and other problems. This way you can feel better about the care of your loved one now and in the future.

For more information on nursing home ratings in New Jersey, you may visit: www.medicare.gov.

 

If you feel that your loved ones have been a victim of nursing home abuse, please contact a nursing home abuse lawyer right away.
He will help you advocate for the rights of you and your loved ones, to get the quality care they deserve.

Nursing Home Abuse Lawyers Fight Scheme

Did you know that nursing home abuse can be lucrative? Insurance companies do! The economy is struggling. You and I, our families and friends, even big companies are struggling to stay alive in a toxic economic climate. The difference is, these insurance companies have corporate shareholders to keep at bay. Their answer? Cash in on nursing home residents’ insurance policies of course!

Nursing home abuse against scheme to make death profit

nursing home abuse attorneys new jersey philadelphia Fight Scheme
Greedy Scrooge McDuck in the 1983 Disney animated feature

Remember when Ebenezer Scrooge died and his house cleaner sold his stuff to cash in? Well, insurance companies and nursing homes are now scheming to do the same to residents. It involves encouraging patients in long term care and assisted institutions to sell their policies for a discounted cash amount. The patients get a pittance of a return – which they can spend at the home for “care.” In exchange, the nursing homes and the insurance carriers get the insurance policies from the patients. These policies are then packaged and sold to Wall Street as future bonds. When the patient dies, Wall Street or the care facilities gets the payout. Talk about a conflict of interest! The longer the patient lives, the greater the cost to the nursing home and the smaller the profit on the policy. Conversly, if the patient dies just after the purchase, the care center reaps the profits.

Nursing home abuse and the “profits over people”

We believe that these institutions should be in the business of caring for our elderly loved ones, not stealing from them. They should not be in the business of leveraging a patient’s health and life as a commodity to be traded on the market. Such practices are depraved. But, this nursing home business IS big business, and as is often the case, “profits over people” is business as usual. Every day, we read about how nursing home abuse and negligence take the place of adequate and compassionate care, only to make an easier and quicker profit. People and their medical care should come first. We understand this and are ready to help you.

Nursing home abuse lawyers in NJ and PA

If you feel that your rights are being violated or that a loved one has not received proper care or may be a victim of nursing home abuse, contact the Mininno Law Office for a free case evaluation. The nursing home abuse lawyers at the Mininno Law Office will make sure that your loved ones’ voices are heard and their rights protected. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Make sure that care is put before profits and advocate for these rights. Let the Mininno Law Office team earn you the compensation you deserve.

Full NY Times article, Wall Street Pursues Profit in Bundles of Life Insurance

Patients should not have to Choose

Health care reform and what rights will be given and which ones will be pushed aside has been the subject of much public debate for many months now. One of the most recent concerns is that the Obama Administration may push aside malpractice reform and rights in order to push for other health care reform that may be more favorable to more people. This does not seem right. People should not have to choose between one of their rights to make room for another.

They should have their voices heard and their rights protected no matter where they are or who they are. There are millions of people that suffer each day in nursing homes from malpractice, abuse, neglect, and much more. They deserve to have their voices heard and rights protected as much as anyone else. If we choose to take away one very necessary right to make room for another, what are we saying to those nursing home patients and their loved ones?
Is this country saying that it does in fact care more about profits than people? If so, then something must be done to change this and make more voices heard. This is America where the rights of the people are supposed to come first before profits.

If you feel that health care reform is pushing malpractice rights aside to make room for other rights and want to do something about it, take action and write a letter to Congress and make your voice heard. Tell them that patient care and rights should not take second place to other rights. Speak up for your loved ones suffering from nursing home abuse and neglect.

If your loved ones have suffered from nursing home abuse and neglect and you want their rights to be protected and heard, contact a nursing home lawyer right away and let them help you get your voice heard for your loved one.

For additional information about health care reform and malpractice reform and to take action, you may go to this site.

Nursing Home Training Tips to Prevent Abuse

Every day millions of nursing home patients face abuse because many nursing home put profits over patients.  As a result, many nursing homes are understaffed and have overworked, underpaid and unqualified employees. In particular, many nursing home employees are not trained to properly care for and treat bed sores due to incontinence, poor nutrition, and immobility. Many goverment agencies and organizations, including the Agency for Health Care Policy and Research, have studied and evaluated ways to better train employees at nursing homes and other assisted living facilities to help prevent bed sores and pressure ulcer, as well as many other types of nursing home abuse faced by millions of patients every day. Although, the first concern should be patient care, unfortunately money usually comes before the care of a patient.  Clearly, with proper training and care of nursing home employees, much of the abuse we see can easily be prevented.

For example, nursing home employees should be trained to properly asses patients  with immobility problems such as those in a wheelchair or those who are bed bound. The evaluation of these patients should include plans for:

·a special diet plan

·Being repositioned or turned at night to reduce or prevent bed sores.

·A daily exercise routine

·Regular skin and hygiene evaluations

Regular bathing and cleansing of bed bound or wheelchair bound individuals can also help reduce or prevent bed sores and other types of abuse. Problems should be noted and written down on a weekly or monthly report. If a nursing home patient develops a malnutrition problem the first step that needs to taken is an evaluation of the food they have been eating and careful evaluation after adding more calories and nutrients.

Many times, the employees want training, but can not afford to do so.  Clearly, nursing homes and assisted living facilities should provide training classes to nursing home caregivers at little or no cost so that they can learn the proper ways to reposition, transfer and help a bed bound or wheelchair bound patient to help prevent bed sores or pressure ulcers.

Below are simple and general guidelines and training tips that can help to prevent nursing home abuse for millions of patients every day. Patients and their care should be priority number one; if not, patients need to have nursing home lawyer, someone fighting for their rights to proper medical care and abuse prevention.

If you feel that you or your loved ones rights have not been respected or you have been a victim of nursing home abuse, please contact a nursing home abuse attorney right away and let a nursing home lawyer help you fight for your rights and your loved ones.

To read additional information about the guidelines provided by the Agency for Health Care Policy and Research and the National Libary of Medicine, you may visit the following website:

http://www.ncbi.nlm.nih.gov/books/bv.fcgi?rid=hstat2.chapter.4409

Are Nursing Homes the Safest Places for our Loved Ones?

Putting a loved one in a nursing home is the toughest decision a family can ever make.  We research on line, ask friends, nurses and visit the facility to make sure we are making the best decision.  We would like to believe that when we spend time picking out a nursing home for our relative or loved one to go stay and live in for the rest of their lives that they are going to be well taken care of and looked after by properly trained and staffed nursing homes. We also would like to believe that they will receive the proper attention and medical care whenever such care and attention is needed.  Unfortunately, many Nursing Homes put profits over patients.  No matter where you live, nursing home and elderly abuse are a real problem in any state including New Jersey.  It is important to understand the reasons for elderly abuse and nursing home abuse before we can begin to solve the problem. The following is list of some possible reasons for this type of abuse:

·         Not enough staff

 This may be due to not being able to pay people enough for the amount of work they do, or people left and went elsewhere to be closer to relatives, or the market for this type of work may be bad in some areas over other areas.

 

·         Under qualified employees

Reasons for this might be that the employees never went through school for proper training, never received proper on the job training or attended training classes.

 

·         Overworked employees

If there are not enough staff as mentioned before, the employees a nursing home does have may be working longer hours and may be tired, or even feeling ill when they come to work. This leads to employees not paying enough attention which can lead to abuse.

 

·         Stress and Frustration

If an employee is stressed or frustrated on how to help a certain patient, this may lead to improper care and abuse. Training classes should be provided for these situations.

Some common signs of elderly abuse may include:

·         Unexplained injuries or bruises

·         Not receiving the proper doges of medications

·         Cuts or welts

·         poor nutrition and dehydration

·         Unsanitary conditions

·        Infections

·        Sudden death 

  •  Bed sores and pressure ulcers 

 

Sadly, these problems occur every day in even the nicest nursing homes and living facilities. There are different types of abuse. These can be physical, emotional, neglect, abandonment, emotional, or even financial. By putting profits over patient care, nursing home make millions for their investors while providing inadequate care.

The number of people suffering from elder abuse was 2.5 million in 1991, according to some studies from the National Center on Elder Abuse and this number will keep rising unless people become more aware of the problem and how to fix it.

 

If you or someone you love, you believe may have be a victim of this type of abuse, please call: (856) 833-0600 or contact a nursing home attorney for help today. 

 

Do not be afraid to speak up and get the help you need for your loved ones; they deserve the best care possible and may be depending on you to help them fight for their rights.

 

For more information on nursing home abuse and what can be done visit:

 

Got to the New Jersey Nursing Home Directory for a list of deficieny reports on 361 Nursing Homes in New Jersey.

 

Another great resource is the U.S. Department of Health and Human Services web site which lists Health Care tools and research.

 

 

What Every Citizen Should Know About the Nursing Home Industry: A background

Deciding whether to put a loved one into a nursing home is the one of the most difficult decisions we must all face. In today’s fast paced society, however, it has become increasingly difficult to care for the elderly at home. Even more daunting, is choosing the right nursing home. Indeed, making a decision on a facility is difficult; with more and more nursing homes going up every year, the number of available options seems endless, even in some of the more remote sections of the country. Although on the surface many nursing homes may appear to be the same, there are dramatic differences between nursing homes, and unfortunately, many shortcomings. In order to have a better understanding of how nursing homes can be so dramatically different in quality of care, and to help you choose which nursing home might be best for your loved ones, you should first have a basic understanding of how nursing homes function in the United States.

First and foremost, it is important to constantly be aware that more than 80% of nursing homes in the Unites States are for-profit, publicly traded, corporations. This is in direct contrast to hospitals in the Unites States, which 87% of are non-profit operations. So how does this affect you and your family? Simple. In any publicly traded corporation, the final goal will always be profit. The Profits must come first. This is not just common practice, it is written into law. By law a publically traded corporations the most important, if not the only, obligation is to increase the profits of their shareholders. This set up has helped drive industrial and technological advancements at a staggering pace. However when it is applied to the practice of nursing homes and long term care, a problem arises.

By nature, medicine and long term care are extremely expensive. The cost to run hospitals and long term care, and nursing homes can reach staggering figures. In fact, it is estimated that at least $180 billion is spent on critical care alone in the United States each year. Although cost cutting is always a simple and desirable way to boost profits in any corporation, the nature of health care and long-term care simply does not allow for it. When dealing with the lives of human beings, there are large and unavoidable costs connected to providing their patients with the care they need to stay healthy with an acceptable quality of life. Unfortunately, this does not stop these corporate nursing homes from doing whatever they can to minimize their spending.

This cost cutting rears its ugly head in many forms in corporate nursing homes. Most apparent however, is the effect it has on the staff. Many for-profit nursing homes are dramatically under staffed, many of whom do not have the proper training to manage their positions in the first place. Lack of training, oversight, and personnel immediately translates into health risks to the patient. This includes, but is not limited to: bed sores, falls, under and over medicating, mixing up patients’ medications, unacceptable poor hygiene, physical abuse by staff, and lack of response to emergency situations. Incidents such as this are a daily occurrence. Fortunately however, you have the power to choose where to place your loved ones, and when the worst happens, you have the legal power to do whatever you can to rectify the situation.

When the worst happens to a loved one in a nursing home, contact an attorney immediately. The status quo of dramatic cost cutting in the nursing home industry will not change until it is no longer profitable to continue cutting costs and quality of care. By bringing a suit against a nursing home or long term care facility, you are demanding they change their way of business by punishing them financially for their neglect. By contacting an attorney who specializes in nursing homes, you are doing your part to make sure what terrible things happened to your loved ones do not happen to someone else.

Contact a Nursing Home Attorney in PA
Contact a Nursing Home Attorney in NJ

How to Report Elder Abuse or Elder Neglect in NJ

Filing a report with the State of New Jersey in the event of nursing home neglect is the first step in pursuing a claim for elder abuse.  The process is very simple and extremely helpful if you have considered taking legal action against the facility.

How It Works

When you call the New Jersey Department of Health and Senior Services,  a representative will discuss and document any problems or issues you are having with the particular nursing home facility.  Based on your information, an investigator will be sent to the facility within ten (10) days to investigate the claim.  The investigator will then review the patient’s chart, interview other patients in the facility and observe the general living conditions.  Based on their findings, the investigator will issue a letter stating the nursing home was either deficient or not deficient in their care according to state/federal laws.

How Does Filing a Report Help My Legal Case?

A report from the state detailing the neglect or abuse experienced by your loved one is a credible piece of evidence in proving your case.  The report may also uncover abuse or neglect that the family was not aware of at the time they made the claim.

Contact the NJ Department of Health And Senior Services:

To file a report, call 1(800) 792-9770.

Follow the prompts and press one (1) to file a complaint against a nursing home, hospital or assisted living facility.

 

Related Information:

New Jersey Nursing Home Abuse Lawyers

New Jersey Bedsores Lawyers

How to File a Hospital or Nursing Home Discharge Appeal With Medicare

If you believe that a Medicare patient is being inappropriately discharged from a hospital or nursing home facility, you must file the following procedure from the Department of Health and Human Services to appeal the decision:

Steps to Appeal Your Discharge:

Step 1:  You must contact the Quality Improvement Organization (QIO) no later than your planned discharge date and before you leave the hospital.  If you do this, you will not have to pay for the services you receive during the appeal (except for charges like co-pays and deductibles).

  • Here is the contact information for the QIO: (800) 624-4557 or tty 1-(877) 486-2048
  • You can file a request for an appeal any day of the week.  Once you speak to someone or leave a message, your appeal has begun.
  • Ask the hospital if you need help contacting the QIO.

Step 2: You will receive a detailed notice from the hospital or your Medicare Advantage or other Medicare managed care plan (if you belong to one) that explains the reasons they think  you are ready to be discharged.

Step 3: The QIO will ask for your opinion.  You or your representative need to be available to speak with the QIO if requested.  You or your representative may give the QIO a written statement, but you are not required to do so.

Step 4: The QIO will review your medical records and other important information about your case.

Step 5: The QIO will notify you of its decision within 1 day after it receives all necessary information.

  • if the QIO finds that you are not ready to be discharged, Medicare will continue to cover your hospital services
  • If the QIO finds that you are ready to be discharged, Medicare will continue to cover your services until noon of the day after the QIO notifies you of it’s decision.

IF YOU MISS THE DEADLINE TO APPEAL, YOU HAVE OTHER APPEAL RIGHTS:

  • You can still ask the QIO or your plan (if you belong to one) for a review of your case:
    o If you have Original Medicare: Call the QIO listed above
    o If you belong to a Medicare Advantage Plan or other Medicare managed care plan: Call your plan.
  • If you plan to stay in the hospital, the hospital may charge you for any services you receive after your planned discharge date.

For additional information, call 1-800-Medicare (663-4227) or TTY: 1-877-486-2048

Related Information:

Contact a nursing home abuse attorney

KNOW YOUR RIGHTS: Hospitals can be Held Liable for the Negligence of Non-Employees

Hospitals are vicariously liable for the negligence of their employees. However, much of the time, due to a variety of reasons, the doctor seeing you at the hospital is not actually a direct employee of the hospital. Many hospitals would like to make you believe that they are not responsible for the actions of non-employed doctors. Could it be true that hospitals are protected when a visiting doctor makes a life changing error?

The answer is no. First cited in New Jersey in the case, Arthur v. St. Peter’s Hospital, the doctrine of apparent employment establishes that hospitals are generally not liable for the acts of physicians who are not employees but rather independent contractors. However, because the hospital holds out a physician as its employee, the, “…plaintiff had a right to assume that the treatment was that was being received was being rendered through hospital employees and that any negligence associated with that treatment would render the hospital responsible.

If you have been subject harm due to the negligence of a visiting physician, do not let the hospital fool you into thinking you have no case. Please contact an attorney immediately to find out just who is responsible.

Contact a Medical Malpractice Attorney

Contact a Nursing Home Abuse Lawyer