As nursing home abuse lawyers, it is important that we educate people about what is considered nursing home abuse. We have discussed forms of physical abuse and the signs that a nursing home patient may be a victim of such abuse. However, nursing home patient abuse can take many forms. Negligence is a very common detriment to care quality in nursing homes, and definately a form of nursing home abuse.
Nursing Home Negligence IS Nursing Home Abuse
Neglect is defined as:
–verb (used with object)
1. to pay no attention or too little attention to; disregard or slight
2. to be remiss in the care or treatment of
3. to omit, through indifference or carelessness
4. to fail to carry out or perform (orders, duties, etc
The above definitions accurately describe the kind of negligence that we are talking about; negligence that results in illness, injuries, bedsores, malnutrition, dehydration, isolation, fear, and an all around poor quality of life. Certain standards must be met regarding nutrition, hydration, medication, shelter, hygiene, personal safety, and comfort. When nursing home staff members do not fulfill these obligations to their residents, they are indeed committing a form of nursing home abuse.
Signs of Negligent Care
As a family member of a nursing home resident, it is important to be aware of the signs and symptoms of nursing home neglect and abuse. Keep a close watch not only on your loved one, but on the facility in it’s entirety, for the following signs of neglect:
- Unsanitary or hazardous conditions that go without repair (i.e. bed bug or flea infestations, lack of heat, broken railings, doors, or equipment)
- Bed sores
- Soiled bedding that is not immediately changed
- Signs of Malnutrition – anemia, unexplained weight loss, dry scaly skin, confusion or irritability
- Slow reaction time from nursing staff
- Little to no interaction between resident and staff
- Constant sedation
As always, it is imperative to listen to your loved one’s comments and complaints, and follow up with a proper investigation. Neglect can do serious harm to a person already suffering from a debilitating condition.
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 they may be victims of abuse or neglect, 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. The nursing home abuse lawyers at the Mininno Law Office are dedicated to the fight against nursing home abuse, and to earning victimized patients and families their due compensation.
Chad Aders, 37, was prescribed a Duragesic patch in the ER by Dr. Bryan Lilly in July of 2004. The patch contains a very potent narcotic called Fentanyl that enters the bloodstream through the skin. Dr. Lilly prescribed 75 micrograms of the drug which is well over the manufacturer’s reccomendations. Aders took the prescription to the drug store, got it filled, applied the patch as he was told, and went to bed. He was found dead in his bed the following day. His children were seven, eight, and seventeen.
We thank Mr. Schaberick for his comment on DePuy and Johnson & Johnson, and we do not completely disagree. However, our own research has shown that not all doctors who show up on the DePuy website have accepted honorarium or other monetary benefits to select the DePuy hip implant for their patients. However, as was pointed out by Mr. Schaberick, many of the orthopaedic surgeons did in fact receive significant monies and benefits from DePuy and Johnson & Johnson in return for selecting the ASR XL Acetabular complete or resurfacing implant systems. Mr. Schaberick is also correct that DePuy and Johnson & Johnson paid millions of dollars over the last several years because of violations of federal anti-kick-back laws.
It is important that nursing home staff be fully trained in how to deal with the special needs of nursing home patients so that physical abuse does not occur. It is also important that a patient’s family be aware of the signs of abuse. Some of the more obvious signs are bruising, cuts, unexplained marks, broken bones, and a variety of injuries in various stages of healing. It is also important to listen to the patient. A resident’s report of violent behavior, such as being hit or mistreated, must be investigated. Sometimes, a nursing home patient’s sudden change in behavior can be a sign of nursing home abuse or neglect and should absolutely be investigated.
As medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people’s lives when negligent doctors make irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them.
One way to prevent bed sores from forming is to have a staff that is properly educated. Educational programs about bed sore and pressure ulcer prevention should be made mandatory for all levels of health care providers. They should also be made available for patient families so that they can make sure nursing home staff members are giving their loved ones the care they need and deserve. Patients who have the appropriate mental capacity should also be given instructions so that they can be advocates for their own proper care.
As New Jersey and Philadelphia DePuy hip recall lawyers, we are telling our clients that they should give their own orthopaedic surgeon the benefit of the doubt and listen to what the surgeon has to say about their options. Of course, we are also recommending that all patients get a second, independent medical opinion from another orthopaedic surgeon regarding the nature and extent of their current condition, whether or not they have
It is particularly important for loved ones to carefully monitor the staffing of nursing home patients with decreased mental awareness. These patients can be particularly vulnerable to bed sores and pressure ulcers. These nursing home patients have a unique set of circumstances that must be taken into account by caregivers at a long term care facility. A patient with a decreased mental awareness may not have the appropriate level of sensory perception to be aware of the beginning of a pressure ulcer or bed sore. Also, these patients, even if aware, are not always able to verbalize what they are feeling, or take the necessary steps to prevent the bed sores from occurring.
During litigation, Dr. Kifuji testified (in return for immunity from prosecution) that she had been fooled by the children’s parents, Carolyn and Michael Riley, who lied about symptoms and mental conditions in order to collect federal disability checks for their offsprings’ alleged behavioral and mental disorders. Many questioned why, after indications that the Rileys could be harming their children, Dr. Kifuji didn’t do more to protect the youngsters.