Elder Abuse Lawyers: Update on Woman Who Escaped Abusive Caretakers

A few months ago our elder abuse lawyers wrote a blog on an Arizona woman who escaped from her abusive caretakers. Ruthann Jacox, a 64-year-old woman who suffered from multiple sclerosis and has been bedridden for two years, was under the care of Lea Marie Hughes and her boyfriend Gilbert Pierre Peralta Jr. When a visitor came to the home Jacox asked them to take a picture of her back, which was covered in bedsores down to the bone, when she saw this she begged to be taken to the hospital. The police began to investigate the situation and discovered that Hughes limited Jacox’s liquid to one and a half quarts and only fed her between 700 and 1,000 calories a day. Jacox kept a journal of all of the abuse she suffered under their care.

Peralta Tells Media that Authorities Have the Story Wrong

elder abuse lawyers in NJ and PAUnfortunately, even though she was away from her abusers and getting the medical attention that she needed, Jacox died at the Tucson Medical Center on November 8, 2011. Authorities are now saying that the couple also cleared the woman’s bank accounts and credit cards. But Peralta is saying that the stories about what happened to Jacox are not true. He says that both Hughes and himself loved Jacox as if she was family and did not abuse or neglect her. He said he cannot speak for the 12 to 15 hours a day he spent at work and cannot comment on her diet, but he used to make her egg sandwiches in the morning until she told him that she preferred that Hughes care for her. He did notice the weight loss but assumed that it was a result of the multiple sclerosis. He says that he was the one that saw the sores on her back and made the decision to go to the hospital. “I seen the wound and I said ‘Get the wheelchair. We’re going to take her in (to the hospital) right now,” Peralta said. He then wheeled Jacox to the car and Hughes drove her to the hospital while he stayed home with Hughes’ kids. He also said that they never stole from Jacox, she would give him $40 or $60 for gas money occasionally but he says he always paid her back. He also claims that Hughes would give him Jacox’s ATM card and tell him to withdraw money, but that they were given permission and he always gave the card back. “It was nothing damaging like they’re trying to say…Ruthann was my best friend. I took care of her as much as I could,” Peralta said.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or they are a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate and you would like to speak with one of our elder abuse lawyers, 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.

Medical Malpractice Attorneys: Survival and Wrongful Death Actions

In the past, under the common law, if either the plaintiff or defendant of a tort claim died, the action would be ended. This is because one of the parties, who either deserved compensation or who was liable, would no longer be around. A simple example would be if a patient was injured by a doctor due to medical negligence, the action would end if either party passed away. Also, historically there was no right to recovery for survivors of a patient who was negligently killed by a doctor’s medical malpractice (and the patient’s family could not recovery pecuniary losses or for the loss of companionship). Today, every state has altered these rules by statute which allows medical malpractice attorneys to bring lawsuits in search of compensation, even if their client or the defendant has passed away.

The Types of Actions

new jersey philadelphia medical malpractice attorneys survival wrongful death actions
The first types of laws that have been implemented are generally referred to as “survival” statutes. Under these statutes, a lawsuit will not come to a halt simply because one of the parties has passed away prior to the litigation. This means that lawsuits, including those for medical malpractice, will survive the death of either party. Alternatively, there are also laws in place known as “wrongful death” statutes. These statutes create a cause of action for the family who has been left behind following the death of a plaintiff. An example of a wrongful death situation may be if a doctor’s tortious activity, such as negligence or malpractice, leads to the death of a patient. In that case, the family of the patient may still bring a lawsuit against the doctor even though the true victim of the tort, the deceased patient, is no longer around. Lawyers have found that although some states have elected to combine the two types of actions into a single statute, every state provides this type of protection for patients and their loved ones.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Lawyers Fight for Parents of Stillborn Babies

Stillbirths are perhaps the worst tragedy to befall expectant parents. Not only do they have to endure the pain associated with the death of a child, but a mother will have to endure the entire delivery process, only to hold the body of her lifeless baby in the end. Often, stillbirths occur naturally, through no fault of doctor or patient. However, other on other occasions, medical negligence is to blame. It is for these cases that medical malpractice lawyers believe parents are due compensation.

$1 Million Awarded for Pain and Suffering

medical malpractice lawyers in NJ and PAIn 2004, New York’s highest court ruled that women can sue for emotional suffering if their stillbirth is a result of medical malpractice. There have now been a couple cases moving through the legal system that are determining what is justified compensation.

Lucia Ferreira was awarded $1 million in a New York court in February for pain and suffering after she lost her baby during a home labor. During her last three visits to the Wyckoff Heights Medical Center, she complained of abdominal pain but was only given painkillers and sent home.

After the Ferreira case, lawyer Jeff Korek is fighting for more money for his client Vivian Acevedo. He is trying to reason that $1 million should be the standard for medical malpractice stillborn cases. The Acevedo case is against Lincoln Medical and Mental Health Center for a delayed emergency Caesarean that caused the child to be stillborn. Lincoln Medical offered $500,000 but she turned it down.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member has recently suffered a stillbirth or has been the victim of medical negligence, and you would like to speak to someone about your legal options please 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 Transport Van Driver Leads to Death

As nursing home neglect lawyers, we often see cases where the care of the resident is being compromised through understaffing, lack of training, or abusive treatment. These events of neglect can happen at any point throughout the resident’s stay. Sometimes, these events happen outside of the facility. Many nursing homes and long-term care facilities have transportation vans that take residents to appointments or pick up patients that do not live at the facility all of the time. This can be a very dangerous situation for many of the elderly or disabled residents if the driver and facility staff do not take the proper precautions.

Elderly Woman Dies at Scene of Van Accident

new jersey philadelphia nursing home neglect transport van accident dollie mcgrew heartland health care center85-year old Heartland Health Care Center – Kalamazoo resident, Dollie McGrew died this month when the facility van that was transporting her to a dental appointment at the University of Michigan hit the curb. McGrew was pronounced dead at the scene while the driver of the van was not injured. The details of the incident have not been released, but the driver of the van did have a valid driver’s license and the facility did report the death to the state.

It is a shame that such a small accident such as a mid sized van hitting the curb can have such fatal consequences. The nursing home is obligated to provide safe transportation when they are taking residents to or from the facility. Disabled patients are especially at risk because they often rely entirely on the assistance of the staff and cannot protect themselves if an accident were to occur that would throw them from their wheelchair. Taking care of residents does not start and stop inside the walls of a facility. Having safe and up to date equipment in the transportation vans is just as important as having them in the patients’ rooms.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one has been seriously injured as a result of a nursing home accident, 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.

Nursing Home Abuse Leads to Two Lawsuits for West Virginia Facility

Accidents do happen, especially when it comes to the elderly and disabled. Unfortunately, more often than not, accidents in nursing homes and long term care facilities are a result of nursing home abuse from the staff or administrators. These accidents and cases of abuse and neglect are also usually not isolated incidents. If one resident is being abused, then there are probably others. Teays Valley Center, a Putnam County, West Virginia nursing home, was named as a defendant in two wrongful-death lawsuits filed in Putnam County Circuit Court on June 23, 2011.

Teays Valley Center Named Defendant in Two Wrongful Death Suits

new jersey philadelphia nursing home abuse lawyers lawsuit virginiaIn one of the suits, Bonita Tomblin is alleging that her late mother, Anoway Rose Smith, died as a result of the nursing home’s “systemic abuse and neglect.” Smith was a patient at the nursing home four separate times between August 25, 2009 and February 2010, and she died on February 23, 2010. According to the lawsuit, Tomblin says her mother suffered skin breakdown, weight loss and falls as a result of the neglect from the home. The lawsuit asks for damages for pain and suffering, mental anguish, inconvenience, physical impairment, loss of capacity for the enjoyment of life, aggravation of existing diseases and physical defects, medical expenses and for her death. It also requests punitive damages.

In the other lawsuit filed against the Teays Valley Center, Shirley A. Osburn alleges the nursing home’s abuse and negligence caused the death of her husband, John A. Osburn. Mr. Osburn was a resident at the home for only a week in July 2009. According to the lawsuit, during his time at the home, he “suffered serious injuries from a pattern of poor care, negligence and abuse” including “an injury of an unknown origin, that resulted in a fractured right hip, falls, dehydration, urinary tract infection and sepsis.” Mrs. Osburn is seeking damages for her late husband’s pain and suffering, anguish and for her husband’s death.

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 Neglect of Medications Leads to Patient Death

By the time the elderly are placed in nursing homes or long term care facilities, they are in fragile health and need to be carefully monitored. They are vulnerable and the slightest change in diet or medication can have fatal consequences. Medication is incredibly important to keeping the health of the elderly strong and the staff of these facilities needs to make sure that each patient is receiving all of the medication that is being prescribed to them by their doctor. When nursing homes fail to provide residents with the medication their doctors prescribe them, they are guilty of Nursing home neglect.

Resident Dies After Missing 26 Doses of Medication

nursing home neglect in NJ and PAA woman entered the Lake Ridge Care Center in Buffalo, Minnesota on January 14, 2010 with a diagnosis of congestive heart failure and low potassium. She was prescribed two tablets of potassium three times a day to help keep her blood pumping through her heart. On January 23, 2010, the resident was sent to the emergency room because she was found unresponsive. Treaters in the emergency found a severely abnormal heart rhythm and extremely low potassium levels. The woman died later that afternoon. Her official cause of death was cardiac arrest.

After an investigation by the state Health Department, it was discovered that the woman missed 26 of her potassium doses over more than eight days. The report stated that the nursing home provided “inadequate medication administration.” The investigation also found that the facility mishandled other medications, not only for this woman, but for other residents.

This woman’s death was preventable and her condition maintainable. Her doctor provided a substantial and adequate treatment, and her nursing home neglected failed to administer it, causing her health to deteriorate very quickly.

Some nursing home residents are able to remember on their own to take their medications, but others need the facility to be on top of their medicine schedule. Sometimes, when residents are new to a facility, the staff is not familiar with the patient yet and certain things like medication can fall through the cracks. It is very important if you have a loved one in a nursing home that you communicate all of their needs to the staff. This case shows us how important every prescription is to the heath of the elderly.

Nursing Home Neglect 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 they are not receiving their medication, or 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 Neglect Leads to Fatal Fall

Falls are one of the most common injuries that occur in nursing homes and long term care facilities, but they are also very preventable. The Augustana Health Care Center in Hastings, Minnesota is being cited for nursing home neglect after a man fell from his wheelchair in March and was not properly cared for after the fall. The state is saying that the facility did not appropriately monitor the man who had suffered a head injury.

Man Dies From Large Hematoma After Fall From Wheelchair

nursing home neglect NJ PAAccording to a report issued by the Minnesota Department of Health Facility Complaints Office, the man fell from his wheelchair on March 8th and suffered a “large hematoma, approximately four centimeters by three centimeters, on his left forehead.” He had bleeding that was putting pressure on his brain and depriving him of oxygen. The patient was examined 30 minutes after the fall, but no vital signs or neurological tests were done for at least three hours. Four hours after the fall, he was unresponsive and his vital signs were not stable. The nursing home transferred him to a hospital where he died two days later on March 10th. The death certificate states the cause of death as a “massive intracranial hemorrhage.”

The report says the neglect occurred when “staff did not assess, monitor and treat the resident in a timely manner “when signs and symptoms indicated a head injury.” The report also said that the nursing home did not follow “standards of practice for ongoing post fall examinations/assessments, including vital signs and neurological assessments.”

After the resident’s death, the Augustana Health Care Center has taken several steps towards increasing care including revising policies when handling falls and head injuries and retraining nurses and staff members. Disciplinary action has been taken against the nurse who was assigned to care for the man who died.

The facility did not provide proper care to this man after he fell from his wheelchair. Unfortunately, according to the man’s primary care doctor, even if correct treatment had been given immediately after the fall, the man would have still died due to his complex medical issues. This shows how important prevention of nursing home neglect is when caring for the elderly.

Nursing Home Neglect 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 Neglect Causes Fatal Accident with Oxygen Tube

As the elderly population grows, so too do the occurrences of nursing home neglect. Unfortunately, government budget cuts are on the rise as well. This causes nursing home staff to be spread too thin and because of this, mistakes are often made. Unfortunately, small oversights can lead to serious injury or even death. Nursing homes and long term care facilities need to be more aware of small changes to procedures that can save their residents’ lives.

Elderly Man Dies After Oxygen Tube gets Wrapped Around His Neck

nursing home neglect in NJ and PAAn 82-year-old man from Illinois died this month at Heartland Healthcare nursing home. According to the police report, Irvin W. Brackett was found by nursing assistant Annette Payton at 10:30 p.m. on the floor with an oxygen tube and electrical cord wrapped around his neck and tied to an assistance lever that was hanging over his bed. Payton immediately called other nurses for help. They removed the constraints and began emergency resuscitation. An ambulance was called to help but nothing could be done and the nursing home called for the coroner at 12:16 a.m. Brackett was pronounced dead at the scene by the Knox County Coroner Mark Thomas. According to Thomas:

“We are unable to determine if it was something Mr. Brackett did intentionally, or it was simply an accident…He may have been trying to get out of bed. He was found halfway in and halfway out of the bed with the cord wrapped around his neck. We don’t have any exact reason to believe it was suicide.”

Whatever the reason was for his death, accident, suicide, or murder, the nursing home neglected Brackett. The elderly are vulnerable and very prone to accidents due to their physical weaknesses. The hospital should not have had those cords hanging above the bed where a patient could become tangled. Residents’ rooms should be clean and clear of any clutter, sharp objects, or things that the elderly can easily become tangled or trip over.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or long term care facility, pay attention to the layout of their room. If there is anything you see that you think may be hazardous to their safety, mention your concerns to the staff. 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 Neglect Causes Man to Bleed to Death

new jersey philadelphia nursing home neglect edgemoor hospital californiaNursing home neglect are becoming more of a problem in this country as facilities are increasingly understaffed and underfunded. It is important for the staff of these homes to be on top of every patient because quick responses can be the difference between life and death.

Alton Stovall, a 50-year-old man who was living in Edgemoor Hospital, a county run nursing home in Santee, California, died on May 30, 2010 from a bleed after falling from his bed. After falling, Stovall bled for 30 minutes, as other patients pressed their emergency call buttons to get the attention of the nurses. His call button had been tied to the wall, out of his reach. The first call for help was at 3:59 a.m., at 4:24 a.m. another nursing assistant found Stovall drenched in his own blood with his breathing “labored and erratic.” At 4:40 a.m., the nursing assistant found a supervisor who called 911. The EMTs arrived shortly after the patient stopped breathing and pronounced him dead at 5:24 a.m.

County Nursing Home Tries to Cover Up Cause of Resident’s Death

Marilyn Tiu and Tess Oli were working at Edgemoor Hospital the night that Stovall died. Tiu was assigned to check on him that night and Oli was assigned to the unit. Neither of the women responded to any of the calls from the other patients that Stovall needed help. Tiu did not show up to check on the patient until after the EMTs had arrived. The ombudsman report stated:

“It appears that Stovall died because of the gross negligence and dereliction of duty on the part of the staff at Edgemoor and that he could have been saved had his emergency call cord not been tied to the wall out of his reach, had (another patient’s) emergency call been answered in a reasonable time, and if the unit had been properly staffed.”

The facility’s administrator Gwenmarie Hilleary, despite state law, did not report the nursing home neglect or the death to the ombudsman’s office. They did not learn of the incident until three days later, from a “distressed employee” who was claiming the hospital was trying to cover up the death. The employee also claimed that several workers felt intimidated by the administrators and were told not to speak with county investigators. According to the ombudsman’s report:

“It became immediately apparent to us at the beginning of our investigation that there were many, large inconsistencies in what Edgemoor’s administrators were telling us and what the staff members, who had first-hand knowledge of the facts and circumstances of Stovall’s death, were telling us.”

The medical examiner performed a short routine examination of Stovall’s body prior to the ombudsman’s office learning of the circumstances of the death. By the time a full autopsy would have been requested, the body had been embalmed making the full autopsy impossible. On March 1 of this year, San Diego County paid a $2 million settlement to Stovall’s family for the nursing home neglect. Tui no longer works for the county, but Oli and the administrator Gwenmarie Hilleary both still work for Edgemoor.

Nursing Home Neglect 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 Neglect Leads to Resident Choking to Death

When the elderly reach the point where they need to be admitted to a nursing home or long term care facility, they are in fragile condition and need to be watched over very carefully by the caregivers of these facilities. It is very important that nursing homes are ready for the multiple life threatening emergencies that can occur with the elderly. Nursing home neglect can be prevented if the facility is prepared.

Nurse Allegedly Left Choking Resident Alone for 20 Minutes

new jersey philadelphia nursing home neglect lawyers residen chokingThe Johnson Mathers Nursing Home in Carlisle, Kentucky received a Type A citation from the Cabinet for Health and Family Services’ Office of Inspector General on May 10 for an April 30, 2010 incident of nursing home neglect where a resident’s life or safety was endangered because of violations of state regulations. The incident involved a newly admitted resident who was on a pureed diet and had requested all necessary measures be taken to save her life.

Shortly after the resident was fed her evening meal, a licensed practical nurse heard from the hallway outside of the resident’s room a “gurgling.” The nurse went into the room and asked if she could clear the food from her throat, but the resident shook her head “no.” The LPN then left the choking patient alone without supervision and neglected to inform any other staff member of what was going on for fifteen to twenty minutes while she cleaned a dirty suction machine. She returned to the patient but the suctioning did not alleviate the choking. Fifteen minutes later the LPN went to the nurse’s station where she informed them of the situation and told them “I think she’s gone.” When the other nurses went into the patient’s room they found her with a faint pulse. A nurse who had Toronto first aid training, performed CPR and she was then taken to the emergency room where she died. According to the citation, the death certificate listed the cause of death as aspiration pneumonia.

The citation said that “The facility failed to have an effective system in place to ensure … supervision to residents who are choking and who have requested CPR.” The nursing home also neglected to have proper equipment cleaned and ready in case an emergency occurred. This facility needs to implement standard procedures for when choking or other emergencies occur with their residents. A nurse should never leave a patient alone while choking. If she had to leave the room, she should have found another staff member to help in her absence. Nursing home neglect is becoming more of a problem as budgets and staffing decrease, but this is below standard care and the death of this woman could have been easily avoided.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, pay attention to the quality of equipment and nursing staff. 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.