A state advocacy group in Michigan is calling for increased oversight of state nursing homes, citing as their motive the growing instances of extreme nursing home abuse. One specific case mentioned a nursing home in Washtenaw County, Michigan where maggots infested one patient’s throat and another patient’s catheter. Clinical corporate staff members instructed the nurse who came upon the catheter infestation to document it as “debridement.” Debridement is a name for dead tissue, not maggots. The second maggot incident took place in an Oakland County care facility. Maggots obstructed the airway of a woman had been coughing. The maggots were discovered when the airway was being cleared.
Maggots Sign of Severe Neglect State Wide?
The group, a non-profit Michigan Protections and Advocacy Service, cited the maggot infestation cases as evidence of a severe problem concerning treatment in the state’s care facilities. Of course, a representative of the state agency that regulates nursing homes insisted to a Michigan radio DJ that these maggot infestations were isolated incidents and that they, in no way, reflect the treatment that the state’s care facilities provide. Mike Pemble of the Department of Licensing and Regulatory Affairs said, “I don’t think it’s fair to hold it up and say this is happening in all nursing homes.”
Rhonda Smith, communications specialist with the Michigan Protections and Advocacy Service, did not provided the name of the nursing home involved. A Michigan television station is reporting that the Whitehall Healthcare Center of Ann Arbor was the culprit.
The MPAS reported that the information regarding these horrid incidents of neglect was gathered from surveys performed by the Department of Licensing and Regulatory Affairs. They are also preparing a report they they claim will highlight “numerous examples of abuse and neglect of individuals with disabilities in nursing homes throughout the state.”
Nursing Home Abuse Lawyers in New Jersey and Philadelphia
If your loved one is a resident at a nursing home or long term care facility and you believe that the care they are receiving is negligent or inadequate, contact our professionals for a free case evaluation or consultation. Contact the Mininno Law Office by phone at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
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Some lawyers who have represented defendants in these sorts of cases have come forth with surprising, if not shocking, legal arguments to avoid liability. Some attorneys in this situation have argued that there can not possibly be negligence because that tort requires a duty and a breach of duty. The argument follows that a defendant could not have possibly had a duty of care towards a being that is not yet born. This approach is very rarely accepted because it sets forth bad public policy and it tends to disregard the values we tend to hold as a society. Negligence that harms an unborn baby is just as undesirable as 


One important case regarding medical malpractice was Hickson v. Martinez from a Texas appellate court. That court held that doctors must act as prudent and reasonable doctors in the same or similar communities would. This ensures that no matter what healthcare provider a patient decides to go to for treatment, that treatment will be relatively similar. Another important case comes from Indiana and is cited as Vergara v. Doan. That court held that a doctor must exercise the degree of skill, care, and proficiency that would be exercised by reasonably careful, skillful, and prudent doctors who are placed under similar circumstances. That court said that the locality, different advances in the profession as a whole, the availability of facilities, and whether the healthcare provider was a specialist or a general practitioner are all to be considered. The final case that illustrates this aspect of the law comes from Mississippi. In Hall v. Hilbun, the court viewed the locality expansively, taking into consideration doctors across the United States who have similar facilities, services, equipment and options available to them. Medical malpractice attorneys have found that regardless of the technical criteria of a jurisdiction, doctors should hold themselves to the acceptable standards of other doctors in similar situations.