Nursing Home Abuse and the State Ombudsman

nursing home abuse and beglect ombudsman in new jersey
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 nation’s 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

Medical Malpractice Attorneys Represent Couple in Case of Neglect

Christina Mecannic, 40, and Michael Yocabet, 50, have been together for twenty one years and have an eighteen year old son. When Michael was in need of a kidney transplant, it was a no-brainer for Christina to be the donor. Unfortunately, medical malpractice attorneys have found that Michael’s doctors went forward with the procedure and transplanted the kidney despite blood test results that showed Christina had been infected with hepatitis C.

Hepatits C is an infectious disease caused by the Hepatitis C Virus, or HCV, that usually affects the liver. It tends to be asymptomatic at early onset and over time starts to affect liver function. Those with Hepatitis C generally face a higher risk of cirrhosis, which can lead to liver cancer, liver failure, or other fatal complications.

Based on this shocking and nearly unbelievable news, Michael fears that he may have contracted the fatal liver disease following the transplant that took place on April 6th at the University of Pittsburgh Medical Center(UPMC).

Transplant Team Allegedly Misses a Crucial Blood Test Result

The couple has filed two malpractice lawsuits in which their medical malpractice attorneys will argue that there was negligence on the part of UPMC, University of Pittsburgh Physicians, four doctors, a nurse, and the whole kidney transplant center. Even more unnerving, the lawsuit alleges that the doctors offered Mecannic the option of keeping the hepatitis C diagnosis secret from her boyfriend after asking whether she was ever unfaithful to her partner and accused her of using cocaine. UPMC officials vigorously deny that there was a cover up and a spokesman stated “we sincerely regret the human error that caused this situation . . . once the error was discovered, UPMC disclosed the information to the patients involved”. The actual transplant procedure went well but now Yocabet faces the prospect that his treatment for the liver disease could in turn harm his new kidney due to the anti-rejection medication he is currently taking.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak with a medical malpractice attorney as soon as possible. Please 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.

Medical Malpractice Attorneys Win Verdict, Damage Caps Destroy It

When Lisa Gourley was pregnant with twin boys, Colin and Conner, she was nothing short of ecstatic. However, when she was 36 weeks into her pregnancy, she noticed that the babies’ movements had decreased significantly. Lisa’s doctor told her not to worry about it and sent her back home as if everything was normal. Unfortunately, everything was not normal. When the twins were delivered, neither was breathing. Colin was not getting oxygen and suffered a brain injury. Medical malpractice attorneys won the family $5.6 million to cover Colin’s future medical expenses and for pain and suffering.
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Lawyers project that Colin will need approximately $12.4 million to receive the care he needs for life. This figure far exceeds the actual amount awarded after cap laws in Nebraska reduced the nearly 6 million dollars to just over 1 million. Lisa Gourley stated “we feel, you have a right to a jury trial. That’s one of your constitutional rights and part of that is your right to a remedy.” Colin Gourley’s case is clearly a devastating one; his entire life altered due to medical malpractice. It must not be easy for him to watch his twin brother, a healthy young man, do all of things normal, healthy teenagers do, while he himself must struggle ten times more through life.

The boys are now 17 years old and Mike Gourley, their father, stated that Colin “knows enough to understand that Conner has girls over, friends over. He likes that and wants the same stuff. But he doesn’t have the ability to socialize.” This story is a nightmare for medical malpractice attorneys, who fight to earn clients a sum of money that should be sufficient to help support them for life but it is drastically cut by damage caps.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should seek out the counsel of our professionals. We are experienced and successful in earning awards for victimized patients. Please 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.

Elder Abuse Lawyers Report on Man Killed by Bed Sores

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As elder abuse lawyers, we’ve seen and heard it all when it comes to nursing home residents and bedsores. But occasionally, a story or case comes along that is so severe it shocks us. Ross Rasmussen, 58, is facing charges of severe elder abuse after the death of an 86 year old manunder his care.

The man suffered a stroke that left him unable to move or speak. He was staying in a “remotely-operated” care home where Rasmussen worked. Rasmussen is a registered nurse and was the case manager for the man which meant that he was supposed to monitor his condition and provide the necessary care. Rasmussen is pleading no contest to the second-degree assault charges that say he failed to provide that care from July 2007 to October 2007. Rasmussen maintains that he checked on the man every month, as required, and on his last visit on September 11, 2007, there were no signs of bedsores. “If I had known there was a problem, we would have done something about it,” he said in court.

But on October 12, 2007, the elderly man was found unconscious and taken to Maui Memorial Medical Center. There, they found the man plagued with more than 11 bedsores. The bedsores covered his entire back side, from shoulders to heels. One of his heels actually developed gangrene. The man died three days later. Deputy Attorney General Dawn Shigezawa said, “Many of them were stage four, meaning it went through tendon all the way down to the bone. By the time he got to the hospital, he was too late to be saved. It was a horrible way to die.” Rasmussen has been ordered to pay a $10,000 fine and was placed on five years’ probation.

Caretaker Fails to Provide Bare Minimum Care

According to Shigezawa:

“The state’s position is that the defendant flat out did nothing…Basically, any RN (registered nurse) worth his salt as a professional would have at least noticed his wounds due to the severity. If Mr. Rasmussen basically did the minimal check and looked down his hospital gown, he would have noticed it…It wouldn’t have taken much. It was just a case of severe neglect.”

Late stage bedsores take a significant time to develop and Rasmussen should have known that a patient that is physically immobile is at a high risk of bedsores and needs to be turned multiple times per day. Monthly visits are not enough to prevent such a horrible outcome and Rasmussen did not fulfill his obligation as a caretaker.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or they are a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, you should speak with our professionals: contact the Mininno Law Office for a free case evaluation or call for a free consultation with one of our elder abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse Lawyers: Man Found With Sores and Maggots on Feet

new jersey philadelphia nursing home abuse Deseret HealthCare Rehabilitation center

As nursing home abuse lawyers , it is not often that we are shocked by a case of abuse or negligence. Every once in a while, however, we come across a story that is so disturbing, that it’s hard to imagine any type of care facility allowing their care to become so lax.

On Tuesday, September 20, 2011, a 67 year old man was taken to the Via Christi Hospital in Kansas for chest pains. The doctors discovered that the resident of the Deseret HealthCare and Rehabilitation center had open sores and maggots on his feet. The police were called and the victim told them that he was being mistreated at the facility.

Facility Shows Poor Track Record

Melisa Land, the Deseret HealthCare and Rehabilitation’s administrator, would not discuss the patient. Below is the statement she did release;

“However, we are taking these allegations seriously. We are currently investigating the situation and fully cooperating with the proper agencies…As always, the Deseret commitment is to the health and safety of each and every resident — including the resident making the allegation.”

This incident has brought up the home’s poor record. In the latest inspection in April, the facility was cited for twenty-five violations, a number that is significantly higher than the state average of eleven and the national average of eight. Officials found a rusty floor vent, a broken call light, a resident whose toenails had grown an inch from the tip of the toes, and a resident’s bed left with urine soaked sheets. These are serious deficiencies that put the residents at risk for physical harm.

Unfortunately, this is not the first time the home has received poor performance reviews. In December 2008, 47 citations were handed out, and in December 2009, another 24.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed your loved one being abused, you have noticed any strange bruises, scratches or sores, or you fear that the care they are receiving may be considered negligent or abusive, our professionals can address your questions and concerns. Contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our nursing home abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Elder Abuse Lawyers Congratulate Activist for Winning ‘Genius’ Grant

On Tuesday, September 20, 2011, The John D. and Catherine T. MacArthur Foundation awarded Marie-Therese Connolly their $500,000 “genius grant.” According to the MacArthur Foundation, Connolly has “devoted her career to laying bare the many forms of elder abuse: physical and psychological, as well as financial exploitation and wrongful deprivation of rights.” As elder abuse lawyers , we were very happy to hear about the recognition of someone who has spent her career fighting for those who can no longer fight for themselves.

elder abuse lawyers in NJ and PA
Marie-Therese Connolly, a former Department of Justice lawyer, recently said in an interview,

“I was shocked that the problem is so invisible…There is so much opportunity for change, and I can’t think of another issue that affects so many people and where less is being done.”

She has worked tirelessly for years hoping to change the problem of elder abuse. She has written, lectured, testified before Congress and been instrumental in creating laws that help protect the elderly. In the late 1990s, Connelly was put in charge of the Elder Justice and Nursing Home Initiative that was created by the Clinton administration. She was the inventor of the Elder Justice Act which Congress passed last year and the founder of Life Long Justice, a non profit organization aims to fight elder abuse.

“It should be a part of the national conversation like health care, justice and jobs… I’m just hoping that the foundation’s recognition of what’s really a growing epidemic is the beginning and will be a game-changer in the whole field,” Connelly said.

Connelly’s Peers in the Fight against Elder Abuse Sing Her Praises

Connelly is admired and respected among elder abuse lawyers, government officials, and other advocates for the elderly. It is amazing what she has done for the elderly community and she deserves all of the recognition and praise she receives.

“I see her as one of the major leading figures in the development of a broader social movement to address elder abuse,”

said Kathy Greenlee, the assistant secretary for aging at the Department of Health and Human Services. U.S. Attorney General Eric H. Holder Jr. also commented,

“I commend the MacArthur Foundation for recognizing the critical importance of the work Marie-Therese helped launch several years ago at the Justice Department, and the need for our continued vigilance in combating elder abuse, fraud and neglect.”

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our elder abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family

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Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for their clients more quickly and to avoid the hassle of a long and extensive litigationprocess.

Settlements are the Optimal Solution

An enormous amount of civil lawsuits are settled long before they ever reach the courtroom and there is a good reason for that. The sooner the process comes to an end, the quicker a patient can be compensated for any injuries that have been sustained. Furthermore, medical malpractice attorneys find that as litigation drags on there are increasing costs. Courts are already backed up and it often takes years for a case to get before a judge. Such is the case with Notarangeli. If that a settlement is not reached, it is likely that the case will not be heard until 2013.

Lawsuits and all of their counterparts – preparation, discovery, and investigation – are quite costly. These costs can be avoided if a settlement is reached early on in the process, leaving a much larger amount to a patient in need of compensation. Settlements very often are more beneficial to a victim or a victims family, trying to move on from their tragedy and get on with life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, take the time speak with our medical malpractice attorneys about your legal rights. Please 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.

Medical Malpractice Attorneys: Woman Lost Legs and Nearly Lost Life

Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand.

Woman Awarded $23 Million in Damage

new jersey philadelphia medical malpractice attorneys Sharlee Ann Smoyer case

Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of the trial, the jury found the nurse, Jolynn Yurchak, and her employer, St. Luke’s Miners Memorial Home Care, liable. The plaintiff was awarded $23 million in order to compensate for pain and suffering, medical expenses, and lost wages. The plaintiff’s lawyers stated,

“Sharlee Smoyer was one of St. Luke’s most vulnerable home-care nursing patients and they refused during this trial to accept even the most basic responsibility for mistakes made in her care.”

The medical malpractice attorneys concluded,

“Ms. Smoyer hopes that the verdict will result in St. Luke’s redoubling its efforts to help prevent catheter-related bloodstream infections in the home-care setting.”

Although the plaintiff was awarded an enormous amount of money, this amount is necessary to help her adjust to the drastic changes that will now shape her life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please 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.

Nursing Home Abuse: Account Manager Steals and Nurse’s Aid Slaps

Nursing home abuse is not necessarily limited to physical or verbal abuse. Financial abuse is becoming more prevalent as the economy worsens. The elderly, a vulnerable and often trusting population, are an easy target for financial abuse. Frequently checking into your loved ones accounts is vital in preventing this crime from taking place. Be highly selective of who is allowed access into bank accounts. Even employees of a nursing home could have devious intentions.

Staff Member Steals $28,000 from 94 Residents

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A Connecticut nursing home is being fined $3,000 after $27,472 was stolen from 94 residents by a staff member. The administrators of the Village Green of Waterbury discovered the theft in October. According to administrator Linda Garcia, the nursing home’s account manager had full access to the resident’s accounts. She would make a request on behalf of a resident to withdrawal money, but requested more than the resident and kept the difference for herself. “We asked her for an explanation. When she couldn’t provide one, we terminated her,” said Garcia. The nursing home is currently in the process of reimbursing all of the residents. According to an inspection report by the state Department of Health, “money was withdrawn from cognitively impaired residents’ accounts without the responsible parties’ consent.”

Another incident of nursing home abuse that the facility is being fined for is an event in June when a nurse’s aide slapped a resident on the shoulder in order to wake him up and yelled “get out!” The resident happened to be the president of the resident’s council and reported the incident. There was an internal investigation held by the nursing home and the aide was fired.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

We recommend that you monitor your elderly loved one’s finances closely to avoid financial abuse. If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, or that they are being taken advantage of financially, 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.

Medical Malpractice Attorneys Examine the Pros and Cons of Litigation

Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive insurance.

Important Social Goals of Medical Malpractice Lawsuits

new jersey philadelphia medical malpractice attorneys examine pros cons litigation One major benefit of medical malpractice lawsuits is that they force healthcare providers to maintain acceptable standards of care. Doctors and nurses will be less likely to implement unsafe practices if they face a potential of being hauled into court and forced to pay for the results of their negligence. With certain reform systems suggesting a cap for damages, the maximum amount that lawsuits would be worth may not be enough to deter healthcare providers from engaging in unsafe behavior.

A second benefit is that verdicts and settlements also serve as a form of punishment. Negligent physicians should be reprimanded for their actions, but without sufficient punitive cost, no punishment is really handed down. Considering that most victims of medical malpractice will never attempt to bring a case against their doctor, negligent doctors, nurses, and other healthcare providers should be forced to answer for their behavior in the event they are called on to do so.

Finally, a third social goal is the compensation of patients who have been injured by negligence. These victims are often left in worse shape after sustaining injuries due to malpractice and it is important for medical malpractice attorneys to seek the compensation necessary to make the lives of their clients as normal and fulfilling as possible.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak to our professionals about your legal rights. Please 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.