A Quarter of Nursing Homes Flunk the Test

In mid December, the federal government unveiled its new rating system, which it uses to help advise the public on the quality of care they are receiving from their local area nursing homes. This system will help individuals make informed decisions about the institution they trust with the care of their loved ones.

Under the new system, five stars means a nursing home ranks “much above average,” four stars indicates “above average,” three means “about average,” two is “below average” with a one indicating “much below average.” The rankings will be updated quarterly. Senator Herb Kohl of Wisconsin stated that the new ranking system would help bolster transparency, which is, “…the key when it comes to nursing home quality.”

Unfortunately, along with the progress of informed decision making came the shocking realization that almost a quarter of all nursing homes in the country have been given the federal government’s lowest possible rating: one out of five stars. Receiving such a low rank in particular had to do with the high percentage of patients with bedsores after their first 90 days in the nursing home and the number of residents whose mobility worsened after admission.

When nursing homes are understaffed, over worked, and improperly trained, the results can be catastrophic. Where there is lack of individual patient attention, pressure sores and decreased mobility are sure to follow. When it comes to protecting your loved ones, please pay strict attention to the federal rating system. Alice Hedt of the Insititute for Nursing Home Reform states that, “Our initial reaction is that consumers should probably avoid any facility with a one- or two-star rating and even a three-star rating unless people they trust convince them that the rating is inaccurate or unfair.” However, the rating system alone is not enough to properly judge. Ms. Hedt advises that, “…Nothing should substitute visiting a nursing home when making a decision.”

If you are in the process of finding a nursing home for your loved one, please pay strict attention to the federal ranking system. If you have a family member already in a nursing home, please remember to check on them regularly. Bedsores are a life threatening injury, and should be checked for regularly. If your family member has been subject to bedsores due to a lack of proper care, please contact an attorney to help remedy the situation as fast as possible.

Related Information:

New Jersey Lawyers – Nursing Home Abuse

Willow Crest Manor Shut Down by Department of Public Works

Residents of Philadelphia and Willow Grove were appalled to find out that their local nursing homes, Willow Crest Manor, was being shut down by the Department of Public Works. The DPW was quick to pull the plug on the home after investigations in to two suspicious deaths uncovered gross negligence and massive rule violations.

The list of egregious violations included the administration of recalled drugs after the date of the recall, the distribution of medicine to its customers by unlicensed and under trained employees, and the use of prescription drugs without a doctor’s orders. The DPW found that medicines given to residents weren’t being recorded, often resulting in patients receiving over or under doses of their life saving medication. One resident said that after he told the staff he needed insulin, they did not provide it to him, forcing him to inject it himself while unsupervised.

The deaths of a 49-year old woman and a 24-year-old man with cerebral palsy found dead in his bed have resulted from similar violations. It was obvious that residents at Willow Crest were in immediate and serious danger. The DPW ordered that all 51 residents, about half of who are elderly and most of whom suffer from mental illness, be evacuated and relocated at once.

Willow Crest Manor was among many major homes in the Philadelphia metropolitan area under scrutiny by the DPW. There seems to be a common link between them all however: Owner Annand P Mittal. The DPW has been finding serious state violations at his other agencies—including Southampton Manor in Bucks County, and Diston Manor and Adelphia in Philadelphia—that have caused them to ban his operating licenses.

Evidence from around the state and the rest of the country has highlighted that this is not an isolated problem. Many privately owned for-profit nursing homes have been subject to criticism due to excessive negligence and rule violations. Thankfully the Department of Public Works has done the right thing, however they certainly wont be able to remedy the damages already dealt by Willow Crest and other facilities like it. If you know someone who has been a victim of the Willow Crest Manor or any other Pennsylvania or New Jersey nursing homes, please contact the Law Firm of John Mininno. There are legal remedies to help your family.

Related Information:

New Jersey Home Abuse Lawyers

New Jersey Bedsores Attorneys

Is Grandma Safe in the Nursing “Home” for the Holidays? Safety violations reported in 94% corporate nursing homes

“More than 90 percent of nursing homes were cited for violations of federal health and safety standards last year, and for-profit homes were more likely to have problems than other types of nursing homes, federal investigators say in a report issued on Monday.” Robert Pear, The New York Times

The Department of Human Health and Services has found nearly 94% of for profit nursing homes, many run by large corporations, have been cited for safety violations.This statistic is appalling, considering the millions dollar profits being made by these nursing homes. For the year 2008, nursing homes charge families $77,380 on average for a room and $36,372 for assisted living rooms.With costs increasingly rising, poor patient care and frequent violations are inexcusable.

If it wasn’t bad enough that these corporate nursing homes drastically overcharge, for the quality of care they provide, they are also supplementing their profits by overcharging taxpayers.Inspector General of the Department of Human Health and Services said he had found some cases in which nursing homes billed Medicare and Medicaid for services that, “were not provided, or were so wholly deficient that they amounted to no care at all.”

The decision to place a member of your family in a nursing home or assisted living is difficult, but often necessary.If you currently have a family member in assisted living or a nursing home, please make sure that someone you trusts checks them regularly to ensure that the home is providing proper care.Never hesitate to ask the staff any question, and always bring up any concern you have.Write down the names of the individuals with whom you speak.Do not let nursing home staffs tell you that you are worrying too much.When it comes to the care of your family, you can never be cautious enough. Finally, remember that neglect and abuse has many signs, some of which can be hard to immediately detect.Every time you visit your family member, be sure to always check the following by talking to the staff, and making your own observations: 1. be sure that there are no signs of bruising on your family member from possible abuse, 2. make sure that they are receiving the proper and necessary medication and nutrition, 3, makes sure that the staff is frequently monitoring that there are no bed or pressure sores developing, and 4. make sure that nursing home staff is capable of responding immediately to an emergency situation.

If you suspect abuse, you can report it to the local regulatory authorities:

In Pennsylvania you can go to the Office of Aging website

http://www.aging.state.pa.us/aging/site/default.asp

In New Jersey, contact the Adult Protective Services

http://www.state.nj.us/health/senior/aps.shtml

Contact a Medical Malpractice Lawyer in New Jersey

Contact a Medical Malpractice Lawyer in Pennsylvania

Contact a Nursing Home Abuse Lawyer in New Jersey

Contact a Nursing Home Abuse Lawyer in Pennsylvania

From The Mayo Clinic: Symptoms of A Pressure Sore

Learning how to spot a bedsore is the best way to help a loved one living in an elder care or rehabilitation facility. If not treated properly, bedsores can be fatal. At the very least they are painful and may slow the patient’s recovery process by weeks, if not months.

Furthermore, bedsores are almost always an indication of neglect from the nursing home staff. That is why you must familiarize your self with the signs and symptoms of a bedsore so you can take immediate action in the case of nursing home abuse.

The Mayo Clinic offers the following description of pressure sores, as well as prominent areas that a bedsore may form:

Bedsores fall into one of four stages based on their severity. The National Pressure Ulcer Advisory Panel, a professional organization dedicated to the prevention and treatment of pressure sores, has defined each stage as follows:

Stage I. Initially, a pressure sore appears as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics and other people with darker skin, the mark may appear to have a blue or purple cast, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.

Stage II. At this point, some skin loss has already occurred — either in the epidermis, the outermost layer of skin, in the dermis, the skin’s deeper layer, or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration. If treated promptly, stage II sores usually heal fairly quickly.

Stage III. By the time a pressure ulcer reaches this stage, the damage has extended to the tissue below the skin, creating a deep, crater-like wound.

Stage IV. In the most serious and advanced stage, a large-scale loss of skin occurs, along with damage to muscle, bone, and even supporting structures such as tendons and joints. Stage IV wounds are extremely difficult to heal and can lead to lethal infections.

If you use a wheelchair, you’re most likely to develop a pressure sore on:

Your tailbone or buttocks

Your shoulder blades and spine

The backs of your arms and legs where they rest against the chair

When you’re bed-bound, pressure sores can occur in any of these areas:

The back or sides of your head

The rims of your ears

Your shoulders or shoulder blades

Your hipbones, lower back or tailbone

The backs or sides of your knees, heels, ankles and toes

Alternatively, if you have read the previous bedsore information and believe that you or a loved one may have been the victim of nursing home neglect, call (856) 833-0600 in New Jersey or (215) 567-2380 in the Philadelphia metro area. You can also contact a nursing home abuse attorney by filing out the case evaluation form on the left side of the page. A legal professional will contact you within 12 hours to discuss your case.

How to Report Elder Abuse or Neglect in Lehigh County, PA

If you live suspect elder abuse or neglect in Lehigh County, Pennsylvania, the county asks that you contact them directly to file a complaint. This snippet from their website outlines their policy and contact number for reporting abuse or neglect:

Protective Services care management is an intense level of service providing investigations and interventions to protect the health, safety and welfare of adults who are unable to protect themselves and are at imminent risk of abuse, neglect, exploitation or abandonment. A report of abuse can be filed 24 hours a day by contacting Lehigh County Aging and Adult Services at (610) 782-3034 or the elder abuse hotline at 1-800-490-8505. It is important to file a report in a timely manner, therefore staff is available 24 hours a day to receive this information.

Report of abuse can remain anonymous and reports can be made on behalf of an adult whether the adult resides in the community or in a nursing home, personal care home or hospital. Individuals who report abuse also have legal protection from retaliation, discrimination and civil or criminal prosecution.

Employees and administrators of nursing homes, personal care homes, domiciliary care homes, adult day care centers and home health care are mandated to report any abuse. If the abuse involves serious injury, sexual abuse or suspicious death, reports are also required to contact the police and the Pennsylvania Department of Aging.

Each report of abuse must be investigated to determine if the adult needs help being protected from abuse, neglect, exploitation or abandonment.

To better understand elder abuse, visit the National Center on Elder Abuse (NCEA) site that serves as a resource dedicated to the prevention of elder mistreatment.

If you need further information or legal advice regarding elder abuse or neglect, contact our Pennsylvania office at (215) 567-2380 or fill out the form on the left side of the page. You will be contacted by our intake specialist within 12 hours to discuss your case.

Related Information:

New Jersey Nursing Home Abuse Lawyers

Protect the Elderly: Support the 2008 Fairness in Nursing Home Arbitration Act

This week, the Senate Special Committee on Aging will hear arguments regarding the “2008 Fairness in Nursing Home Arbitration Act” (S. 2838). This act would eliminate pre-dispute binding mandatory arbitration (BMA) clauses in nursing home contracts. Without this legislation, senior citizens will be denied the right to a jury trial in the event of abuse or neglect. Nursing homes will also avoid public accountability and exposure for such abuse, as arbitration hearings are kept private and confidential. It is for these reasons that we as citizens must speak out in favor of this bill.

An online petition letter in favor of the “2008 Fairness in Nursing Home Arbitration Act” can be found here on the Public Citizen website. The letter reads as follows:

Dear Senator:

I am writing to urge you to support the Fairness in Nursing Home Arbitration Act, S. 2838, introduced by Senator Mel Martinez (R-Fl.). This important legislation would eliminate pre-dispute binding mandatory arbitration (BMA) clauses in nursing home contracts.

Binding mandatory arbitration clauses have been showing up in credit card, employment, and insurance contracts, and now they are being used to take advantage of the elderly and their families – by blocking residents from taking nursing homes to court and holding them accountable for harmful practices. BMA benefits nursing homes at the expense of the elderly because they use it as a means to evade accountability and limit their economic liability for any harm they cause.

There are several reasons why the Fairness in Nursing Home Arbitration Act needs to be passed.

First, most nursing-home residents and their families are unaware of arbitration clauses in admission documents. And they wouldn’t be permitted to negotiate the clauses even if they knew about them.

Second, the lack of any meaningful review of arbitration decisions creates a climate ripe for abuse. The arbitration process is secretive and the courts have little involvement. This bill would allow the courts to decide the enforceability of these binding mandatory arbitration clauses in contracts.

Third, arbitration companies are beholden to the nursing homes that hire them for repeat business, which creates a bias. For example, public data published in Public Citizen’s report “The Arbitration Trap: How Credit Card Companies Ensnare Consumers” show that one California arbitrator decided 526 of 532 cases in favor of business — a mere 1.14 percent for the ordinary consumer.

It’s time to enact the Fairness in Nursing Home Arbitration Act and restore accountability for nursing homes that don’t take care of their residents.

Thank you for listening to a constituent. I look forward to your reply.

Sincerely,

(Insert your online signature)

I encourage you to take a minute and electronically send this letter to your state senator. I would also encourage you to email the form to as many people as possible. We must speak for those who do not have a voice. In this case we must stand up for elderly men and women that do not realize the implications of the “fine print” on the nursing home admission form. This “fine print” is simply a loop hole for million-dollar elder care facilities to continue “business as usual” without having to worry about bad press or lawsuits in the event of abuse or neglect.

Thislegislation is the only way to force bad nursing homes to clean up their act, rather than putting a legal muzzle on innocent victims of abuse and neglect. Therefore, please take this opportunity to tell your representatives that you support the 2008 Fairness in Nursing Home Arbitration Act and urge him/her to act quickly to pass this important bill.

Thank you in advance for your support regarding this urgent matter!

Related Information:

Find a Nursing Home Attorney

Bedsores are Negligence: Learn your rights!

FDA Issues Warns Anti-Psychotic Drugs Increase Mortality Risk in Elderly Patients

The FDA released the following statement today regarding anti-psychotic drugs and the risks that they pose to the elderly:

FDA notified healthcare professionals that both conventional and atypical antipsychotics are associated with an increased risk of mortality in elderly patients treated for dementia-related psychosis. In April 2005, FDA notified healthcare professionals that patients with dementia-related psychosis treated with atypical antipsychotic drugs are at an increased risk of death. Since issuing that notification, FDA has reviewed additional information that indicates the risk is also associated with conventional antipsychotics. Antipsychotics are not indicated for the treatment of dementia-related psychosis. The prescribing information for all antipsychotic drugs will now include the same information about this risk in a BOXED WARNING and the WARNING section.

Read the entire 2008 MedWatch Safety Summary, including a link to the FDA Information for Healthcare Professionals regarding this issue at: this link

Related Information:

Nursing Home Abuse Information

A father’s day gift: support the “fairness in nursing home arbitration act”

Imagine the scene. You are sitting with your elderly dad in a nursing home’s admission office. On the floor are suitcases packed with his clothes, personal belongings, family photos and memories. You watch as the admission officer hands over a package containing hundreds of forms that need to be signed. His hands shake as he begins to sign the forms. Moments later, he is taken to his new “home” where, you know, he will live out the rest of his life.

While it is undoubtedly painful, putting Mom or Dad into a nursing home is sometimes necessary when they require around the clock care. In general, a nursing home’s admission office is frequently the scene of tears and anguish from grown children overwhelmed by the guilt of abandoning a parent to the home.

However, according to recent reports, insurance carriers and corporate nursing homes are seeking to capitalize on this vulnerability by sneaking a contract clause into the preadmission forms that take away rights guaranteed by the US Constitution and the Constitution of 48 states. This includes Mom or Dad’s right to a jury trial, the right to attorney’s fees and, the right to the full measure compensatory damage and/or punitive damages in the event of nursing home abuse or neglect.

Nursing homes present these clauses as a “take or leave it” deal. There is no mutuality. Mom or Dad is not permitted an opportunity to negotiate the terms and no lawyer is present to advise them. They are kept in the dark regarding the problems that persist in the nursing home industry and, protecting their legal right is the last thing on their mind as they sit in the admission office with their suitcases and belongings. If Mom or Dad refuses to sign, they are turned away from the door of the nursing home, despite their need for round the clock care.

At this point, you may be wondering why insurance companies and big corporate nursing homes try to slip these clauses into every contract? For starters, they recognize the vulnerability of Mom or Dad during the admissions process. Also, by taking away Mom or Dad’s right to gain access to the courts, corporations no longer have to worry about their wrongdoing being exposed. Access to the courts is our most effective means of holding companies accountable for their actions. Forcing Mom or Dad to waive their rights to sue is just another way corporations place themselves above the laws that are created and intended to protect us.

In our civil justice system, wrongdoers are supposed to be held accountable for the harm they cause. Innocent victims are also entitled to be compensated for the full measure of their loss. That is why this Father’s day, we should commit to support the “Fairness in Nursing Home Arbitration Act of 2008,” which is presently pending before Congress. This measure is supported by the AARP and has received additional bipartisan support from elder care and human rights foundations across the country.

As a gift this father’s day, I encourage you to write a letter to your local Congressman and state Senator regarding this bill (HR 6126 and S. 2838). In the letter, please urge Congress to act swiftly to outlaw pre-dispute, binding mandatory agreements in nursing home settings. With your help, senior citizens around the country will be given back their right to hold bad nursing homes accountable for the pain and suffering they have caused. In my opinion, there is no better way to say thank you to our fathers than by ensuring that they will be treated with dignity and respect in the final stages of life.

Related Information:

New Jersey Lawyers – Nursing Home Abuse

How To Treat A Bedsore

The development of a bedsore (or pressure sore) in an elderly or bedridden loved one can be a scary ordeal. Bedsores are painful and often require months of treatment before they heal. Bedsores can also be fatal if not cared for properly; therefore, it is important that family members are extremely involved in the treatment process.

The following list offers practical tips on how to treat a bedsore. Families can also use the list as a gauge to determine whether their loved one is receiving appropriate care from the nursing home or hospital staff. In addition, I encourage you to read ahead to the legal rights of a bedsore patient. Bedsores are a clear sign of neglect in nursing home or hospital setting. You have the legal right to hold these facilities accountable for the pain and suffering they have caused your loved one.

Bedsore Prevention Methods

Keep Moving– Ideally, a bedsore patient should move every 15 minutes to keep pressure off of the sore. If this frequency is not possible (as in the case of an immobile resident), the bedsore patient must be moved at least every two hours. He or she should also be kept off of the sore as much as possible. Special mattresses, foam blocks or special chairs may help keep your loved one comfortable during the repositioning process.
Keep it Clean– The bedsore should be cleaned with Saline solution and wrapped with an occlusive dressing. Occlusive dressing is a clear transparent bandage that can seal itself to the wound and is found at your local medical supply store. The bandage should also be left on for a few days before it is changed. If the dressing is changed too often, it will inhibit the body’s natural growth factors from connecting with the raw tissue.
Get Healthy– Malnutrition is common in bedsore patients. This condition contributes to the easy breakdown of the skin. To promote healing, the bedsore patient should eat plenty of protein, take 500 mg of Vitamin C supplements twice a day (as always, consult with a doctor before taking supplements) and drink 8 glass of water a day to prevent dehydration. It is a proven fact that patients who receive proper nutrition will not only heal faster, but will be less likely to get another bedsore in the future.

Legal Rights of a Bedsore Patient

Nursing homes and hospitals have specific guidelines aimed at preventing bedsores. Therefore, if a bedsore develops, it’s safe to conclude that someone was not following the rules. These sores are so unacceptable that insurance companies are now refusing to pay doctors for bedsore treatment.

The reason for this is simple—bedsores are easier to prevent than treat. In most cases, bedsores are just the result of carelessness and neglect. Fortunately, insurance companies are not the only ones taking a stand against such negligent behavior. Bedsore patients and family members have turned to the court system to hold hospitals and nursing homes responsible for the pain and suffering they have caused. And while the hospital or nursing home may insist that bedsores are unavoidable even under the best circumstances, nothing can be further than the truth.

How to Get Help

Your first priority is the physical health of your loved one. Once they are stable and being treated as recommended above, you should contact an elder abuse attorney to discuss your specific case. At Mininno Law Office, we use a unique team of medical and legal professionals that work together to cover every angle of your bedsore case. Our staff nurse will answer any medical questions you may have, while our team of elder abuse attorneys will fight aggressively for your rights in court.

To get started with our licensed RN, call toll-free (856) 833-0600 or fill out the case evaluation form on the right side of the page.

Related information:

New Jersey Nursing Home Abuse Lawyers

What To Look For In A Nursing Home

The thought of placing a family member in a nursing home can be overwhelming. With reports of abuse and neglect constantly surfacing all over the country, selecting a nursing home is often the last resort for many families. Unfortunately, the time does come when even the most devoted families are unable to provide the necessary medical care that their loved one needs.

When faced with such a tough decision , it is essential that family members educate themselves on how to distinguish a good nursing home from the bad. Carole Herman from the Foundation Aiding The Elderly (FATE) has compiled the following tips as a free resource to guide families in selecting a nursing home. Her website offers a wealth of free information for those dedicated to protecting the elderly.

When looking for a nursing home, Carole suggests the following:

The following are some tips on what to look for in a nursing home to help prevent bad care and abuse of your loved one.

Do not be intimidated by threats from the facility such as kicking the patient out of the facility because of complaints or the facility’s refusal to cooperate with requests for information.

Get a durable power of attorney for medical care so that you can make health care decisions and review medical records.

Request a complete facility profile from the State Health Department, Licensing and Certification Department for the facility you intend to use. Note the number of complaints, the fines assessed and whether the fines have been paid.

Notice how many people in the facility seem to be in stupors or in bed or unable to walk or talk. If many patients fall into this category, be wary of overmedication at the facility, especially with the psychotropic drugs Haldol, Thorazine, Mellaril and Prolixin.

Visit at different times during the day, including meal times. Take notice of the types of food and nutritional balance. Dehydration is a problem, so make sure water is available at all times and that it is easily accessible to the patient.

Be sure the patient is actually seen by the doctor and talk with the doctor personally. If the doctor is difficult to contact, bring in another doctor to examine the patient.

Make sure all recommended care is given, such as physical therapy. Stop by when such activities are scheduled.

Take seriously any complaints the patient has about mistreatment by the staff, such as “they pull my hair”, “they are mean to me”. Don’t accept the facilities statement that the patient is old and doesn’t know what’s going on.

Check the patient’s body for bedsores or pressure sores, particularly the tailbone, feet and hips. Stage 4, the most serious stage of bedsores, causes death in many cases.

Take an interest in other patients. Talk with their relatives about problems and the care being given.

Report any signs of bad care to the state licensing office in your state that licenses and regulates nursing homes. Be sure to follow up on the complaint to insure accountability.

As you can see, the common denominator among her suggestions is involvement. I can not stress enough how simple involvement will help you discern nursing home abuse before the situation gets out of hand.

Alternatively, if you have read the above suggestions and now believe that your loved one has been the victim of nursing home abuse, it is not too late to act. Ask questions, demand answers and immediately get involved in their treatment. If this does not solve the problem, move your relative to a different facility and contact an attorney immediately to discuss the situation. You can find more information on filing a nursing home abuse lawsuit in New Jersey or Pennsylvania here or call (856) 833-0600 in NJ or (215) 567-2380 in PA.