By definition, an ombudsman is a government official who hears and investigates complaints by private citizens against other officials or government agencies.
In the state of NJ, an ombudsman works on behalf of the elderly in nursing homes and long term care facilities through the The Office of the Ombudsman for the Institutionalized Elderly.
This office accepts reports and complaints of nursing home abuse, negligence, inadequacy, theft, fraud, and other issues concerning the care residents receive in nursing homes and long term care facilities. The office invesitigates these reports of abuse and neglect from a neutral, third party stand-point, and takes the proper steps in the event that abuse is taking place.
I am a Victim of Nursing Home Abuse, What Should I Do?
If you or someone you know have been abused or neglected in a nursing home, the first thing you should do is contact the Elder Ombudsman’s Office. They will document the complaint, and take further steps to investigate it. Your next step is to contact a nursing home abuse attorney.
The NJ and PA nursing home abuse attorneys at the Mininno Law Office are dedicated to eradicating the disturbing trends of abuse and neglect in our nations nursing homes and long term care facilities. 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, and (215) 567-2380 in Philadephia.
New Jersey Office of the Ombudsman for the Institutionalized Elderly
To file a complaint:
Call 24-Hour Toll Free Hotline: 1-877-582-6995
Email: ombudsman@advocate.state.nj.us
Write: The Office of the Ombudsman
P.O. Box 852
Trenton, NJ 08625-0852
Fax: 609-943-3479
Pennsylvania Office of the State Long-Term Care Ombudsman
Pennsylvania Department of Aging
555 Walnut Street, 5th floor
Harrisburg, Pa. 17101-1919
(717) 783-8975
The Mininno Law Office takes a firm stand against New Jersey nursing home abuse. We fight against careless and negligent facilities, and we do our best to post useful information to assist those dealing with sick loved ones and nursing homes. Yesterday, we posted advice on how to pick a quality nurisng home. Today’s post will deal with signs that your loved one may be being abused or neglected in their long term care facility.
Below is a list of red flag symptoms concerning nursing home abuse and neglect. Noticing any of these should prompt immediate action.
Nursing Home Abuse: 9 Red Flags
Bedsores or open wounds (also known as pressure sores or decubitus ulcers): A sure sign of neglect. Bedsores form when soft tissue is compressed between a bony prominence and an external surface for a prolonged period of time. Failing to reposition bedridden patients often results in bedsores.
Nursing home abuse and negligence are very real threats to residents at some facilites. Unexplained bruises, cuts, burns, sprains or fractures: Mysterious injuries such as these could be attributed to roughness and mishandling of feeble and fragile patients.
Falls in shower, out of bed or out of chairs, resulting in injury: This is a sign that patients are being left to fend for themselves during difficult tasks like moving from the bed to the bathroom. Many patients need help to complete these tasks, and without being checked on regularly, can easily hurt themselves trying to do it alone.
Dehydration, malnutrition, or weight loss: Residents being neglected will often suffer from some, or all, of the above symptoms. Abuse and neglect can lead to depression, which in turn could result in malnutrition and weight loss.
High staff turnover: If a nursing home staff is constantly new and residents are being treated by new caregivers all of the time, the likelihood that that they are receiving quality care is very low. Errors occur often amoung new staff members. Workers leaving and going elsewhere could also be a sign that they are underpaid and overworked. Underpaid and overworked nursing home staff are a large source of nursing home abuse and neglect.
Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained or bloody garments: Unfortunately, sexual abuse is a very real issue in nursing homes. If you notice any of these signs, act immediately.
Loss of resident’s possessions, or sudden changes in the resident’s will, bank accounts or other financial documents: Theft and fraud are very real and very prevalent forms of nursing home abuse. If anything goes missing, whether it be belongings or money, investigate immediately.
Refusal or delays to have visitation with the resident: If a nursing home is guilty of abuse or neglect, of course they won’t be quick to allow you to come and see your loved ones. Often, if they allow visitation, they will refuse to let you be alone with your loved one. This is something to be very weary of. Now, your loved one does not feel comfortable telling you what’s really going on.
Over-sedation or overuse of restraints: Caregivers have gone to jail for using unprescribed morphine to calm patients they feel are “combative.” This is a life threatening practice, and has taken lives in the past.
What to Do if You Suspect Nursing Home Abuse
If you notice one or more of the above symptoms, it is likely the nursing home facility you have entrusted with the care of your loved one is acting negligently. Do not wait to seek help. A nursing home abuse attorney will be able to sit down with you and discuss what happened, what you’ve seen, and determine if you have a case against the care facility. 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. Let us get you the compensation you deserve.
Taishan Gypsum, Chinese manufacturer of drywall, will appeal the ruling that finds them liable for over 2 million dollars in repair costs.
In April, we posted an update of the litigation surrounding the Chinese company Taishan Gypsum, and the defective drywall they manufactured and exported the the United States. Judge Eldon Fallon awarded seven families in the Eastern district of Louisiana 2.6 million dollars for the damages caused them by the sulfuric acid emitting drywall. But because Taishan Gypsum is a foreign manufacturer, and there are currently no laws in place that hold them liable for their defective products, there was question as to whether or not these families would ever see a penny of the money owed them.
Defective Manufacturers Finally React
After not responding to the initial suit, the default judgement made in November by Judge Fallon, or any other attempts U.S. attorneys made at contacting them, Taishan Gypsum has finally made a move. On June 10th, Taishan Gypsum, manufacturer of defective drywall, filed an appeal of Judge Fallon’s ruling. This appeal marks the first time Taishan Gypsum has responded to a lawsuit in the United States. They will appeal to the Fifth Circuit Court of Appeals, including any and all rulings made by Judge Fallon. Judge Fallons 2.6 million dollar award amount comes from a the sum of the costs of all of the demolition and renovation of each of the seven families’ homes.
What to do if You Believe You are a Victim of a Defective Product
Hopefully, justice will be done, and Taishan Gypsum will be forced to provide recoveries to the families whose lives were turned upside down by the defective products they were manufacturing. If you or a loved one have been negatively affected by a defective product, you will need help, and the attorneys at the Mininno Law Office are eager to offer that help. Let us get you the compensation you deserve. Contact us for a free case evaluation, or call us for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.
Vincent Liew died 7 months after receiving a kidney transplant from a cancer infected donor.
A medical malpracticesuit ended in heartbreak for a Queens woman when the NYU Langone Medical Center was found not liable for the death of her husband after a kidney transplant.
The Story Behind Liew’s Medical Malpractice Case
Vincent Liew was 37 years old when he received a call from the hospital that they had a finally found him a matching kidney. He had been awaiting the kidney for five years, and was receiving dialysis treatments three times a week. On February 25, 2002, Vincent underwent the transplant, the organ coming from 50 year old Sandy Cabrera who died of a stroke the day before.
The surgery was successful, and everything was fine. That is, until Sandy Cabrera’s autopsy six weeks later. The medical examiner who performed the autopsy notified Liew’s doctors that Cabrera had an aggressive uterine cancer that had started to spread to her lungs. Upon discovery of the information, Liew’s doctors assured both him and his wife Kim that they were 99.9% sure that Vincent would not acquire the disease. Their reasoning being that the cancer was from an organ that Liew did not have, and therefore it was highly unlikely he would become sick. Four months later, doctors found a cancerous tumor on Liew’s new kidney. The kidney was removed, but Liew was dying.
He died three weeks later; cancer acquired from the donor his cause of death. Kim Liew sued the hospital for medical malpractice, but lost. The Queens jury found that the hospital and Liew’s doctors provided the best possible care. Though it seems they took a chance on him, and lost. They gambled with a man’s life. Two other patients who received organs from Cabrera also died.
Who is to blame for Medical Malpractice?
Transplanting organs ravaged by cancer is most definitely an instance of medical malpractice. Perhaps the doctors who performed the surgery are not liable. But what about the doctors who screened the patients before their eligibility for organ donation? What about the company that harvested the organs? A man has lost his life, a wife her husband, because of a gross case of negligence. This kind of medical malpractice can not go unpunished. If you or a loved one have suffered from what you believe is a case of medical malpractice or negligence, than do not hesitate to contact the medical malpractice attorneys at the Mininno Law Office. We are here to help you through this difficult time, and to get you the compensation you deserve. Contact us for a free case evaluation, or call us at 856-833-0600, or 215-567-2380 in Philadelphia.
Havenwood Rehab Center was shut down in July of 2005 upon discovery of severe nursing home abuse and neglect. On Friday, May 21st, Karen Mason (57), the former CEO of Havenwood Nursing and Rehabilitation Center in Milwaukee, Wisconsin, was sentenced to two years in prison and 3 years probabation for tax evasion. The 315 bed nursing home, of which she was CEO, administrator, and part owner, has been closed since July of 2005, when inspectors shut the facility down after discovering severe cases of nursing home abuse and neglect. A few of those nursing home abuse cases included patients being refused baths and clean sheets, and a man who jumped to his death after facility staff members failed to report his suicide threats.
In Mason’s time at Havenwood, she took money from a resident’s trust fund, from an employee’s 401(k) account, and from Havenwood bank accounts. Police allege that her theft totaled a little over 1 million dollars. The money went towards personal purchases for Mason; furniture, carpeting, jewelry, cars, concert and sporting event tickets, vacations, payments to the Milwaukee Yacht Club, and a wedding and honeymoon for one of her children.
Mason: Guilty of Nursing Home Abuse
Mason was sentenced in 2008 to 15 months in the Milwaukee County House of Corrections after being found guilty on felony charges of theft and abuse of a patient causing physical harm. That ruling also required Mason to pay back $20,696 to a Havenwood employee’s 401(k) account, and $64,435 to a Havenwood bank account.
The tax evasion case found that in 2004, Mason took in $642,000 in income. Of that total, $212,000 was salary from the facility, and the rest of it stolen. She paid taxes on none of it.
Mason was so busy stealing from her own company and living her lavish life, that she failed to make sure the residents in her nursing home were being properly cared for. The inspections by the Wisconsin Department of Health and Family Services that shut the facility down found “dire conditions” within the home, involving the health and safety of residents. They were also tipped off by employees of possible medicare fraud.
Victims of Nursing Home Abuse: Seek Help!
Nursing home abuse is a serious problem in nursing homes and other long term care facilities. And as you’ve read, it’s not always physical abuse. In Havenwood’s case, much of the nursing home abuse was in the form of theft and fraud. If you or a loved one have suffered any kind of nursing home abuse or negligence, you’ll need to seek the assistance of a nursing home abuse attorney. The nursing home abuse attorneys at the Mininno Law Office are eager to represent you and help you get the compensation you deserve. Contact us for a free case evaluation, or simply call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.
Medical Malpractice in the operating room certainly led to Keith's worsened condition, but the Ohio Supreme Court decided otherwise. Keith Theobald was a healthy and fit father of two, until an elderly driver clipped the back of his pick up truck and sent Keith and his car flying over 4 lanes of traffic and into a patch of standing trees. EMT’s quickly arrived at the crash site and found Keith hanging upside down in a tree. He was paralyzed from the chest down. In the hospital, Keith was alert and still had the use of his arms. He and his wife came to terms with his new condition, and were looking ahead to a difficult, but fulfilling life.
Keith’s doctors told him that an operation might be able to improve his condition, so Keith underwent the surgery. Keith woke up from surgery still paralyzed but now he was blind in both eyes and could no longer use his arms. Doctor’s records proved that a series of mistakes made during the surgery led to oxygen deprivation, causing Keith’s blindness and extended paralysis. Keith, now blind and completely paralyzed, needs ‘round-the-clock care for the rest of his life.
Ohio Supreme Court Ruling
The Theobalds went to Court and sought to recover damages from Keith’s doctors. Despite the overwhelming evidence of medical malpractice, The Ohio Supreme Court ruled 6-1 that the doctors were immune from any and all lawsuits – no matter what. The Court found that because there were medical students watching and helping during the operation, the doctors who performed the surgery were acting within their realm of state employment as teachers with the University of Cincinnati, and were therefore immune to medical malpractice suits.
That’s right, highly paid doctors and surgeons who agree to assist a State University in teaching med students (without compensation) are considered state employees, just like DMV folks who process our license applications, the road department workers who paint and repair our highways and state prison guards – all of whom get paid directly by the state with tax dollars.
Although these doctors were not being paid like state employees, the Court’s ruling gave them the same immunity from suits that most state workers in Ohio got. Unbeknownst to Keith, by going to these doctors, he was giving up his personal rights to a jury trial in the Court of Common Pleas. The Theobalds were told they had to take the case to the Court of Claims, meaning:
• No jury presence
• State appointed judges that issue rulings for and against the state
• Award cap of $250,000, regardless of severity of damages
• Taxpayers will foot the bill, not the Doctors insurance companies
In the 6-1 decision, called The Theobald Ruling, the dissenting justice argued (unsuccessfully) that the immunity was meant for mistakes that students made, not mistakes that teaching surgeons made. He also argued that patients should be alerted when procedures are to be performed by “state employed” physicians, and that they are indeed surrendering their right to go to Court should something go wrong. The ruling stated otherwise.
In a heartbreaking ending, The Theobalds never saw their day in court. After a lengthy ordeal with the Court of Common Pleas, the Theobalds finally filed suit in the Court of Claims, only to be denied again because the statute of limitations had run out on their claim. Keith and his wife Jacqueline received no compensation for injuries sustained due to medical malpractice, and must now face his injuries with no monetary help from here on out. Is this justice?
If You Believe You are a Victim of Medical Malpractice, You Must Act Quickly!
New Jersey and Philadelphia medical malpractice attorneys will continue to fight for victims of medical malpractice. If you or a loved one have been affected by medical malpractice, you need to act soon. Don’t let a statute of limitations be the reason you do not receive due compensation.Contact us to fill out a free case evaluation form or call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
By definition, an ombudsman is a government official who hears and investigates complaints by private citizens against other officials or government agencies.
The Mininno Law Office takes a firm stand against 
