Tag: neglect

Are Nursing Homes the Safest Places for our Loved Ones?

Putting a loved one in a nursing home is the toughest decision a family can ever make.  We research on line, ask friends, nurses and visit the facility to make sure we are making the best decision.  We would like to believe that when we spend time picking out a nursing home for our relative or loved one to go stay and live in for the rest of their lives that they are going to be well taken care of and looked after by properly trained and staffed nursing homes. We also would like to believe that they will receive the proper attention and medical care whenever such care and attention is needed.  Unfortunately, many Nursing Homes put profits over patients.  No matter where you live, nursing home and elderly abuse are a real problem in any state including New Jersey.  It is important to understand the reasons for elderly abuse and nursing home abuse before we can begin to solve the problem. The following is list of some possible reasons for this type of abuse:

·         Not enough staff

 This may be due to not being able to pay people enough for the amount of work they do, or people left and went elsewhere to be closer to relatives, or the market for this type of work may be bad in some areas over other areas.

 

·         Under qualified employees

Reasons for this might be that the employees never went through school for proper training, never received proper on the job training or attended training classes.

 

·         Overworked employees

If there are not enough staff as mentioned before, the employees a nursing home does have may be working longer hours and may be tired, or even feeling ill when they come to work. This leads to employees not paying enough attention which can lead to abuse.

 

·         Stress and Frustration

If an employee is stressed or frustrated on how to help a certain patient, this may lead to improper care and abuse. Training classes should be provided for these situations.

Some common signs of elderly abuse may include:

·         Unexplained injuries or bruises

·         Not receiving the proper doges of medications

·         Cuts or welts

·         poor nutrition and dehydration

·         Unsanitary conditions

·        Infections

·        Sudden death 

  •  Bed sores and pressure ulcers 

 

Sadly, these problems occur every day in even the nicest nursing homes and living facilities. There are different types of abuse. These can be physical, emotional, neglect, abandonment, emotional, or even financial. By putting profits over patient care, nursing home make millions for their investors while providing inadequate care.

The number of people suffering from elder abuse was 2.5 million in 1991, according to some studies from the National Center on Elder Abuse and this number will keep rising unless people become more aware of the problem and how to fix it.

 

If you or someone you love, you believe may have be a victim of this type of abuse, please call: (856) 833-0600 or contact a nursing home attorney for help today. 

 

Do not be afraid to speak up and get the help you need for your loved ones; they deserve the best care possible and may be depending on you to help them fight for their rights.

 

For more information on nursing home abuse and what can be done visit:

 

Got to the New Jersey Nursing Home Directory for a list of deficieny reports on 361 Nursing Homes in New Jersey.

 

Another great resource is the U.S. Department of Health and Human Services web site which lists Health Care tools and research.

 

 

What Every Citizen Should Know About the Nursing Home Industry: A background

Deciding whether to put a loved one into a nursing home is the one of the most difficult decisions we must all face. In today’s fast paced society, however, it has become increasingly difficult to care for the elderly at home. Even more daunting, is choosing the right nursing home. Indeed, making a decision on a facility is difficult; with more and more nursing homes going up every year, the number of available options seems endless, even in some of the more remote sections of the country. Although on the surface many nursing homes may appear to be the same, there are dramatic differences between nursing homes, and unfortunately, many shortcomings. In order to have a better understanding of how nursing homes can be so dramatically different in quality of care, and to help you choose which nursing home might be best for your loved ones, you should first have a basic understanding of how nursing homes function in the United States.

First and foremost, it is important to constantly be aware that more than 80% of nursing homes in the Unites States are for-profit, publicly traded, corporations. This is in direct contrast to hospitals in the Unites States, which 87% of are non-profit operations. So how does this affect you and your family? Simple. In any publicly traded corporation, the final goal will always be profit. The Profits must come first. This is not just common practice, it is written into law. By law a publically traded corporations the most important, if not the only, obligation is to increase the profits of their shareholders. This set up has helped drive industrial and technological advancements at a staggering pace. However when it is applied to the practice of nursing homes and long term care, a problem arises.

By nature, medicine and long term care are extremely expensive. The cost to run hospitals and long term care, and nursing homes can reach staggering figures. In fact, it is estimated that at least $180 billion is spent on critical care alone in the United States each year. Although cost cutting is always a simple and desirable way to boost profits in any corporation, the nature of health care and long-term care simply does not allow for it. When dealing with the lives of human beings, there are large and unavoidable costs connected to providing their patients with the care they need to stay healthy with an acceptable quality of life. Unfortunately, this does not stop these corporate nursing homes from doing whatever they can to minimize their spending.

This cost cutting rears its ugly head in many forms in corporate nursing homes. Most apparent however, is the effect it has on the staff. Many for-profit nursing homes are dramatically under staffed, many of whom do not have the proper training to manage their positions in the first place. Lack of training, oversight, and personnel immediately translates into health risks to the patient. This includes, but is not limited to: bed sores, falls, under and over medicating, mixing up patients’ medications, unacceptable poor hygiene, physical abuse by staff, and lack of response to emergency situations. Incidents such as this are a daily occurrence. Fortunately however, you have the power to choose where to place your loved ones, and when the worst happens, you have the legal power to do whatever you can to rectify the situation.

When the worst happens to a loved one in a nursing home, contact an attorney immediately. The status quo of dramatic cost cutting in the nursing home industry will not change until it is no longer profitable to continue cutting costs and quality of care. By bringing a suit against a nursing home or long term care facility, you are demanding they change their way of business by punishing them financially for their neglect. By contacting an attorney who specializes in nursing homes, you are doing your part to make sure what terrible things happened to your loved ones do not happen to someone else.

Contact a Nursing Home Attorney in PA
Contact a Nursing Home Attorney in NJ

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

Bed Sore Resources for Patients

This blog sets out resources for Bed Sore Patients. As was revealed recently, bedsores and pressure ulcers cost society over $50 Billion dollars annually. See the Bed Sore Costs Billions article (that’s a 50 with 9 zeros after it!)

Fortunately, there are many professional organizations dedicated to education, awareness and prevention of bed sores. For example, the National Ducubitus Foundation, is a leader in bed sore research. Organizations like the Wound, Ostomy and Continence Nurse Society, the American Professional Wound Care Association, and the National Pressure Ulcer Advisory Panel (NPUAP) also work on publishing bed sore, pressure ulcer and nursing home abuse prevention guidelines for health care professionals.

The Mininno Law Office promotes bed sore awareness and patient advocacy. Check out Bed Sore Costs Billions, and Practical Tips for Avoiding Bed Sores.

The Mininno Law Office Ezine publication, Patients Advocate’s Guide to Preventing Bed Sores, has been widely distributed to bed sore patient families.

Check back each week for more bed sore and pressure sore resources.

Patient’s advocate to preventing bedsores

Whenever a patient is in a nursing home, that patient is at risk of developing a bedsore. Although there are both and federal and state guidelines specifically designed to prevent bed sores, many nursing homes and hospitals have failed to follow these guidelines. As a result, nursing home patients are developing bedsores at an alarming rate. This article is designed to help patients and their families prevent bedsores when in a nursing home.

First, some background. What is a bedsore? A bedsore is skin and tissue that has died because it has not received sufficient oxygen from the body. Since blood carries oxygen to all parts of our body, a bedsore is developed when the blood vessels that feed the skin are compressed or damaged in some manner.

The compression or damage prevents the blood from reaching the skin and the skin cells begin to die. If the blood supply continues to be damaged or compromised, more tissue will die. Eventually, the blood supply compromise can infect the underlying tissue, bones and joints. It takes as little as two (2) hours of sustained blood flow compromise to begin this process.

Bedsores are common in the lower back, buttocks and on other boney protrusions that routinely come in contact with a patient’s bed. Although every patient in a nursing home is susceptible to bedsores, the majority of cases are easily preventable. The United States Department of Health and Human Services has published clinical guidelines for bedsore prevention since 1992.
These guidelines can be found at this website

In addition, all nursing homes are required to enact, publish, and follow similar guidelines to prevent bedsores. Despite longstanding published guidelines, why is it then that nursing home patients continue to develop bedsores resulting in hospitalizations, medical complications and, in some instances, death?

Basically, the failure of healthcare facilities to employ enough qualified staff members is the primary reason for the high incidents of bedsores. Typically, licensed practical nurses that work in a nursing home setting are less experienced and cheaper to employ when compared to registered nurses. Furthermore, the resident to nurse ratio is very high. The nurses are simply unable to spend the necessary amount of time with each patient to ensure that the guidelines are being followed. Sadly, understaffing at nursing homes is a serious problem that leads to patient neglect.

For example, many residents are immobile and unable to regularly reposition themselves while lying in bed. The guidelines require nurses and aides to physically move these patients every few hours to prevent bedsores. Unfortunately, by the time an overwhelmed nurse gets around to checking on the resident, the two-hour time frame in which a bedsore can develop has already expired.

Similarly, bedsores are also caused by prolonged exposure of the skin to moisture. It is no wonder then that patients who are left to sit for hours in urine soaked diapers and sheets quickly develop bedsores in places that go unnoticed by the nursing home staff and family members alike. Sadly, the situation spirals out of control and the resident suffers because the staff could not make time to provide them with dry diapers and sheets.

So, what should patients do to prevent these devastating injuries? Fortunately, nursing homes fear the civil tort system where juries can hold them financially accountable for failing to follow the guidelines. Family members should not hesitate to seek legal advice if their loved one develops a bedsore. In addition, family members should go to the web, print up several copies of the guidelines and bring them to the nursing home. Family members should sit down with the nursing home’s medical director to ensure that the guidelines are being followed with respect to their loved one. They should leave a copy of the guidelines prominently displayed on the resident’s bedside table. Finally, family members should follow-up in writing asking the director of medicine and nursing if the guidelines are being followed on an every other-day basis.

The real key is involvement. Family members cannot sit back and blindly trust that their loved ones are in good hands. Most residents are already in poor health when they enter a nursing home facility. Therefore, any neglect can have serious physical consequences. It is only by being a patient advocate in the manner set forth above that family members can ensure that their loved one is receiving the federally and state mandated required bedsore prevention care.

In order to prevent other potential abuses in nursing homes go to our nursing home abuse or our bed sore prevention web pages.

John R. Mininno, Esq. is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.