Elder Abuse May Lead to Six Years in Jail for Caretaker

Alzheimer’s and dementia patients are, among many other weaknesses they endure throughout the duration of their illness, easily manipulated. Caretakers to these very sick individuals are depended upon, not only by patients, but also by the families and friends of those patients. This dependence puts them in a position of great power, and as always, with power comes responsibility. Unfortunately, many of these caretakers use their position of power to take advantage of their patients. This kind of elder abuse is far too common. Our elders should be respected. Instead, some are being forced to live in inhumane conditions while their life savings are being ripped out from underneath them.

Caretaker Arrested for Theft, Elder Abuse and False Imprisonment

new jersey philadelphia elder abuse lawyers caretaker arrested imprisonmentMilagros Angeles, 62, is being accused of theft by a caretaker, elder abuse, false imprisonment, and being in possession of altered checks. If she is found guilty, Milagros may be facing more than six years in prison. She worked as the caretaker of Navy veteran and Pearl Harbor survivor Arnold “Max” Bauer, 93, since 2009. When employees at Bauer’s bank noticed a series of suspicious checks drawn on his account during a 6 month period of absence, they contacted Adult Protective Services. Investigators were sent to check on him. Once in the home, they found that the elderly man was living in “filth and squalor,” with trash, rotting food and rat feces covering the house. According to San Diego Sheriff’s Sgt. Mark Varnau, Bauer was found disoriented and dehydrated and “It appears he has advanced Alzheimer’s … He can engage in conversation for a very short period of time and then he drifts off. He is very vulnerable and very much open to being victimized and manipulated.

They also found $9,000 in cash in Milagros’ bedroom and after further investigation found that she had written 56 checks, totaling $5,600, to herself and her family in the Philippines. Milagros Angeles is being charged with elder abuse and neglect while stealing from the elderly man’s life savings. The exact amount she has taken is unknown, but considering she lived and worked with the man for almost three years, the total could be as much as $100,000.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently being taken advantage of financially or physically, or they are a resident of a nursing home 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 $100,000 Fine and “AA” Citation

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

Facility Punished After Patient Death

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

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

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

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

Elder Abuse Leads to Double Arrest for Caretaker

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

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

Caretaker Wires Money Out of Elderly Woman’s Account

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

Elder Abuse Lawyers in New Jersey and Philadelphia

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

Nursing Home Abuse Leads to Death of Autistic Patient

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

Excessive Force During Restraint Leads to Death

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

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

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

Birth Defects Attorneys Discuss Cleft Palate Development

new jersey philadelphia birth defects injuries attorneys cleft palate developmentBirth defects attorneys are often asked by their clients, “what caused my child’s cleft palate?” Unfortunately, there is little known about the actual cause of cleft lips and palates, but some information is known about certain contributing factors. A cleft (lip, palate, or both), which occurs in about 1 out of 700 babies born,is present where the palate does not fuse completely, meaning full development did not occur. Professionals know that there are a wide range of factors that can hinder development, like environmental factors, alcohol use, drug use, and genetics. Additionally, certain prescription medicines have been linked to an increase in the development of cleft lip/palates. So while there is no known exact cause for a cleft lip or palate, there certainly are contributing factors.

One Contributing Factor: Topamax (Topiramate)

One factor that contributes to the development of cleft lips and palates discussed above is prescription medicine. The drug Topamax, commonly used to treat migraine headaches and seizures, has been linked to increased incidents of cleft lips and palates. The FDA has recently announced its findings regarding the drug, and has downgraded it to Pregnancy Category D (meaning the drug has known pregnancy complications). There are legitimate uses for Topamax, but if it was taken prior to or during pregnancy it may be responsible for your child’s cleft lip or palate.

Birth Defects Attorneys of New Jersey and Philadelphia

If you or a loved one has taken Topamax during or prior to pregnancy and has given birth to a child with a cleft lip or palate you have legal options. Our experienced professionals are willing and able to secure your fair compensation for your child’s birth defect, which will surely make recovery easier. It is important to act quickly as there may be time restrictions on filing a claim. Contact the Mininno Law Office for a free case evaluation and consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse: Avoiding a Bad Facility

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

Steps to Choosing the Right Nursing Home for Your Loved One

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

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

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

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

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

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

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

Birth Defects Attorneys Talk About The Cost of a Topamax Lawsuit

Whenever you hear someone talk about “their lawyer,” it is natural to wonder what the services of an attorney would cost. In many cases, lawyers’ fees are expensive, and in some instances, cost-prohibitive. When you are dealing with your child’s cleft lip or cleft palate birth defect, additional concerns, like the cost of a lawsuit, really have no place in your life. You are stressed enough as is, and providing care for your child is your number one priority. With this in mind, the caring and experienced birth defects attorneys of the Mininno Law Office want to draw your attention to the true costs of trying your Topamax lawsuit.

Topamax Lawsuits and the Cost

The FDA has recently upgraded their warning to pregnant women about Topamax (Topiramate) to a Pregnancy Category D drug, meaning that there are recorded instances of negative pregnancy effects from the drug. In this case, Topamax has been linked to an increase in the development of cleft lips and palates. Because Topamax can reasonably be assumed to be a contributing cause to these birth defects, the Mininno Law Office is willing to get you the compensation you deserve.

The Mininno Team

What is the cost? There is no upfront cost because the birth defects attorneys of the Mininno Law Office work on what is called a “contingency basis.” This essentially means that the Mininno Law Office pays all the expenses for trying the case upfront, and you do not pay a cent. In exchange, when you recover a judgment or settlement, the birth defects attorneys of the Mininno Law Office receive a percentage of the judgment. Essentially, the Mininno Law Office is paid only when you are, and you owe no money at all if no money is recovered. There really is nothing to lose by speaking with the birth defects attorneys of the Mininno Law Office to discuss your options.

Birth Defects Attorneys of New Jersey and Philadelphia

The caring birth defects attorneys of the Mininno Law Office are prepared to get the compensation that you and your family deserve for your child’s birth defect. If you believe that Topamax was a cause of your child’s cleft lip or palate do not hesitate to contact the Mininno Law Office at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. As always, we do not get paid unless you do, and we offer free case evaluations and consultations.

Nursing Home Abuse Lawyers Discuss Bed Sores – Stage IV

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

Are Stage IV bed sores preventable?

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

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

What are Stage IV bed sores?

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

Bed Sores Lawyers of New Jersey and Philadelphia

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

Nursing Home Abuse in Hawaii Facilities Go Unpunished

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

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

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

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

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

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

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

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

Bed Sores – Stage III

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

What is a Stage III Bed Sore?

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

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

Bed Sores Lawyers of New Jersey and Philadelphia

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