Tag: elder abuse

Film about Health Care Reform and What Went So Wrong

There has been so much debate about health care reform, that now there is even a film about it. This film will be called Money Driven Medicine and is produced by Alex Gibney and is based on a book also called Money-Drive Medicine by Maggie Mahar. This film will show that the U.S. has spent more on health care when it becomes an emergency situation and less money on how to prevent diseases and sicknesses in the first place. It will talk about how we might receive more medical care, but not necessarily better medical care. Based on how the Health Care reform debate is going on now, this may be right. This country has many resources and all the technology for good medical care, but it seems as though we wait to use it until patients come in seriously ill with chronic problems or illness. If we spent more time preventing the abuse and injuries going on in nursing homes, or with consumer products, or even with driving safety than maybe we would not have to spend so much about expensive medicines and technology and there may not be as many medical malpractice lawsuits. So instead of focusing on more care, maybe the debate needs to focus on ways to prevent injuries, abuse, and sicknesses in the first place. If this country did that, maybe we could save enough money to get everyone health care and proper medical care. We need to focus more on patients and less on expensive medicines and equipment and how to cut costs. Without patients to care for, we won’t need all that, so patients need to come first. They should always be the first concern.

For more information on the film Money-Driven Medicine, you may visit: http://www.moneydrivenmedicine.org/about-mdm

If you feel that you or a loved one has been the victim of abuse or an injury that could have been prevented, please call a malpractice attorney right away. They will advocate for your rights and those of your loved ones to help you get proper medical care.

Tort Reform is Hurting More Than Helping

As the health care debate continues, so does tort reform. While some efforts have been made to help protect patients and their rights, there is still tort reform that is trying to cut costs and because of this there are still many people that are unable to get proper medical care and unable to fight for their rights to it. If tort reform continues the way it has, it is hurting more people than it is or will help.  Cutting costs and providing coverage for everyone is a great idea, but it is only great if it actually helps people to get the care they need and to have the services they need to fight for proper medical care if it is not given.  They are still many people being injured daily because of medical errors and malpractice. They are still many elderly being abused in nursing homes due to improper medical care. It is great that programs are trying to be put in place to cut down on medical malpractice lawsuits but what about just cutting down on the actual malpractice? If patients receive proper medical care, including checkups, treatments, evaluations and more, then we can worry less about lawsuits because the medical care will be better. Until medical errors are dramatically reduced and programs are put in place for more adequate medical care than people still need malpractice rights and lawyers to help them advocate for their rights to proper medical care. Tort reform may try to cut costs all it wants, but people still need their rights and one of these rights is their right to sue for medical malpractice. These rights are there to help those hurting.  Tort reform has only hurt more and not helped.

If you would like more information on the health care debate and tort reform, you may visit:

This link.

If you or someone you loved has been injured or denied proper medical care, contact a malpractice lawyer right away. They will help you fight for your rights and get your voice heard to help those you love.

How to Report Elder Abuse or Elder Neglect in NJ

Filing a report with the State of New Jersey in the event of nursing home neglect is the first step in pursuing a claim for elder abuse.  The process is very simple and extremely helpful if you have considered taking legal action against the facility.

How It Works

When you call the New Jersey Department of Health and Senior Services,  a representative will discuss and document any problems or issues you are having with the particular nursing home facility.  Based on your information, an investigator will be sent to the facility within ten (10) days to investigate the claim.  The investigator will then review the patient’s chart, interview other patients in the facility and observe the general living conditions.  Based on their findings, the investigator will issue a letter stating the nursing home was either deficient or not deficient in their care according to state/federal laws.

How Does Filing a Report Help My Legal Case?

A report from the state detailing the neglect or abuse experienced by your loved one is a credible piece of evidence in proving your case.  The report may also uncover abuse or neglect that the family was not aware of at the time they made the claim.

Contact the NJ Department of Health And Senior Services:

To file a report, call 1(800) 792-9770.

Follow the prompts and press one (1) to file a complaint against a nursing home, hospital or assisted living facility.

 

Related Information:

New Jersey Nursing Home Abuse Lawyers

New Jersey Bedsores Lawyers

How to File a Hospital or Nursing Home Discharge Appeal With Medicare

If you believe that a Medicare patient is being inappropriately discharged from a hospital or nursing home facility, you must file the following procedure from the Department of Health and Human Services to appeal the decision:

Steps to Appeal Your Discharge:

Step 1:  You must contact the Quality Improvement Organization (QIO) no later than your planned discharge date and before you leave the hospital.  If you do this, you will not have to pay for the services you receive during the appeal (except for charges like co-pays and deductibles).

  • Here is the contact information for the QIO: (800) 624-4557 or tty 1-(877) 486-2048
  • You can file a request for an appeal any day of the week.  Once you speak to someone or leave a message, your appeal has begun.
  • Ask the hospital if you need help contacting the QIO.

Step 2: You will receive a detailed notice from the hospital or your Medicare Advantage or other Medicare managed care plan (if you belong to one) that explains the reasons they think  you are ready to be discharged.

Step 3: The QIO will ask for your opinion.  You or your representative need to be available to speak with the QIO if requested.  You or your representative may give the QIO a written statement, but you are not required to do so.

Step 4: The QIO will review your medical records and other important information about your case.

Step 5: The QIO will notify you of its decision within 1 day after it receives all necessary information.

  • if the QIO finds that you are not ready to be discharged, Medicare will continue to cover your hospital services
  • If the QIO finds that you are ready to be discharged, Medicare will continue to cover your services until noon of the day after the QIO notifies you of it’s decision.

IF YOU MISS THE DEADLINE TO APPEAL, YOU HAVE OTHER APPEAL RIGHTS:

  • You can still ask the QIO or your plan (if you belong to one) for a review of your case:
    o If you have Original Medicare: Call the QIO listed above
    o If you belong to a Medicare Advantage Plan or other Medicare managed care plan: Call your plan.
  • If you plan to stay in the hospital, the hospital may charge you for any services you receive after your planned discharge date.

For additional information, call 1-800-Medicare (663-4227) or TTY: 1-877-486-2048

Related Information:

Contact a nursing home abuse attorney

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.

5 Ways To Detect Nursing Home Abuse

While some acts of nursing home abuse are blatantly obvious (such as a loved one kept in an over medicated state for no reason), others are more subtle and may be overlooked by family or friends. If your loved one displays the following characteristics while residing in a nursing home facility, chances are he/she has been the victim of abuse.

  1. Bedsores or Open Wounds– Nursing homes often insist that bedsores are natural and to be expected among frail or immobile residents. Sadly, many families believe this lie and watch helplessly as their loved one experiences pain and sometimes fatal complications as a result of these sores. The truth is that 99% of bedsore cases are the result of abuse and negligence. Nursing homes have strict guidelines that require them to move patients every 2-3 hours and keep their sheets/ garments dry to prevent moisture from irritating the skin. If your loved one has a bedsore, it is likely that this regiment was not followed by the staff. Upon detection of a bedsore, family members should insist that he/she is moved to a medical facility for treatment and contact an attorney to discuss your rights against the nursing home.
  2. Unexplained bruises, cuts, burns or fractures– While it is true that accidents may happen among weak and frail nursing home residents, families should be suspicious of any injury sustained at the facility. Sometimes residents are dropped or abused while in a medicated state and therefore do not remember what happened to them. Family members should not be afraid to ask questions about the situation. If the nurse or aid seems to hesitate or offer a vague explanation, chances are your loved one is being mistreated or neglected by the staff.
  3. Torn, Bloody or Stained Garments– If you notice torn, bloody or stained clothes, there is a good chance that your loved one has been the victim of sexual abuse. Sexual abuse is prevalent in nursing homes, especially among residents who are heavily medicated or have short-term memory problems. Unexplained venereal disease or genital infections are other signs of sexual abuse. Again, if you are not given a satisfactory reason for torn or stained garments or what seems to be a genital infection, remove your loved one from the facility immediately and report your suspicions to local authorities.
  4. Refusal or Delays to Visit the Resident– Family members should be immediately suspicious if the nursing home staff stalls before allowing a visit or openly denies a spontaneous visit in the absence of a medical reason. Family members should also be suspicious of any nursing home that will not allow the resident to have a private visit with a family member. This is a way to intimidate or prevent the resident from reporting the staff for any abuse or neglect that they have experienced.
  5. Abrupt changes in the resident’s financial documents or will– While a resident has the right to amend personal documents, family members should be suspicious if these changes happen abruptly or if the resident does not remember making such changes. The resident may have been coerced into changing the documents or giving out account numbers while under the influence of medication or after threats of physical harm.

If your loved one has displayed any of the warning signs listed above, you must act immediately to ensure the situation does not get worse. In the case of neglect, call every three hours to make sure the resident has been moved, groomed, bathed, etc. If you suspect sexual or physical abuse, consider moving the resident to a different facility. On the other hand, if you know for a fact that such abuse is taking place, move the resident immediately and contact an attorney to file suit against the abusive staff member and nursing home facility.

Most importantly, get involved in your loved one’s treatment and daily care. Family members make the best advocates for nursing home residents. When family members visit often and ask questions, staff members will be hesitant to engage in abusive activities or provide substandard care. Residents have rights, and involved family members will ensure that those rights are not violated by predators or careless staff.

For further information on nursing home abuse, click on the following links:

New Jersey Nursing Home Abuse Lawyers