Nursing Home Abuse Lawsuit Blocked by Facility Document

The decision to put your loved one into a nursing home or long-term care facility can be a heartbreaking time. Choosing the right facility, worrying about the quality of care, and making the financial commitments can be very overwhelming. It is important to do your research with every nursing home that you consider. Look into past accusations of nursing home abuse, research the experience of the medical staff, compare facility conditions and make sure to carefully read every document before you sign.

Trinity Mission Does Not Live Up to Expectations

Nursing Home Abuse Lawyer NJ PA
Photo by: Tim Pierce
Cindy Farese, a Mississippi woman, was very upset when her mother’s doctor told the family that she needed to be put into a nursing home. They had promised her mother, Virginia Valentine, that she would never be put into a care facility. As hard a decision as it was, Farese and her family chose Trinity Mission Health & Rehab in Holly Springs, Mississippi.

They immediately started to notice a change in their mother; she was always a vibrant, happy 79 year old. Once she entered the nursing home, she started to lose weight, stopped eating, and was no longer herself. The family knew something was wrong and insisted that the facility take her to the hospital. They were appalled with what the doctors at the hospital found. “She had blisters from front to back where she had not been changed,” Farese said.

The hospital also diagnosed Virginia with Clostridium Difficile, or “C-Diff.” The nursing home had been giving Virginia very strong antibiotics to prevent infection, however, when overexposed to antibiotics, bacterias become resistance to their effect. The antibiotics that Trinity Mission gave to Virginia became ineffective, allowing C-Diff to form. If the nursing home had been doing their job and not neglecting Virginia, the strong antibiotics would have not been necessary and the c-diff would not have developed. C-Diff eventually killed Virginia Valentine.

Mississippi Family Urges You to Read All Admission Documents

Cindy Farese wanted to sue Trinity Mission Health & Rehab for killing Virginia, but when her mother was admitted, she signed an ‘Alternative Dispute Resolution Agreement. She unknowingly signed away her right to a jury trial. Luckily, Cindy’s husband, John Booth Farese, is an attorney and was able to find a legal loophole in the document. He deposed nine employees and got the nurses to admit on the record that they knew Virginia’s condition was worsening and recorded it on her medical chart but never informed the doctor.

As nursing home abuse lawyers, we strongly recommend carefully reading over every document a nursing home gives you to sign. If you have any questions about these documents, we urge that you have an attorney look them over before signing. If you are not careful, you may be giving up your right to go to court, despite the wrongfulness of a facilities actions.

Nursing Home Abuse and Neglect Lawyers in NJ and PA

If your loved one is currently a resident of a nursing home or long term care facility, or you are considering placing them into one, pay close attention to the facility and every document you are asked to sign. If you are worried that the care they are receiving is negligent or abusive, 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.

Nursing Home Neglect – Resident Dies Trapped Between Bed Rails

new jersey philadelphia Nursing Home Neglect lawyers resident trapped between bedrailsNursing homes and long-term care facilities have made modifications to prevent accidents and nursing home neglect. Falling is a big problem with the elderly because of their compromised balance and cognitive impairment and falls can have more drastic consequences because of their fragile health. According to the American Academy of Family Physicians, falls are the leading cause of accidental deaths in people 65 years or older, account for 70 percent of accidental deaths in people 75 years of age and older, and 60 percent of nursing home residents fall each year. Many nursing homes have preventative measures in place such as floor mats, bars in the bathrooms and bed rails to prevent falls. However, some of this equipment that is meant to prevent injury can actually be fatal in other ways.

In December of 2004, 75 year old Harry Griph Sr. was found dead in his room at the New Perspective assisted living facility in Brookfield, Wisconsin. His neck was trapped between the mattress and the bed rail, where he became asphyxiated. Although cases like this are happening all over the country, bed rails are still being used in many nursing homes.

Dangers of Bed Rails

According to geriatrician and bioethicist Steven Miles of the University of Minnesota, “Rails decrease your risk of falling by 10 to 15 percent, but they increase the risk of injury by about 20 percent because they change the geometry of the fall.” When patients climb over the rails they fall from higher levels and are more likely to hit their heads. Another danger of the bedrails is getting stuck within the rails or between the rail and the mattress. According to Dr. Miles,

“A person will roll into the slot next to the rail, and the mattress slides to the opposite side. That doubles the size of the gap. The patient drops into the gap, the mattress presses against his chest and he can’t breathe.”

The patient can then die from asphyxiation within minutes.

Although bed rails are meant to prevent nursing home neglect, they are in fact doing more harm than good. In 2006, the F.D.A. issued guidelines for the use of bed rails in nursing homes and long-term care facilities, and since then, their use is decreasing. However, about 10 percent of nursing home residents occupy a bed with bed rails and with the number of elderly entering nursing homes rising, there are many at risk. The only way to solve the problem is to enforce manufacturing standards that prevent the potential of becoming trapped between the mattress and the rail.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one has been seriously injured as a result of bed rails, or you fear that the care they are receiving may be considered negligent or abusive, you probably have a lot of questions and concerns. 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.

Nursing Home Abuse Exposé: Eastern Pines Convalescent Center

It is important for us, as nursing home abuse lawyers for New Jersey and the Philadelphia area, to review care facilities in the area for signs of nursing home abuse or neglect. We have recently been posting on some of the facilities with a high number of cited deficiencies. Today we will discuss the Eastern Pines Convalescent Center.

Eastern Pines Convalescent Center Puts Residents in Danger

new jersey philadelphia nursing home abuse lawyers eastern pines Convalescent CenterThis nursing home is a 141 long term care bed facility located in Atlantic City, New Jersey. Between November, 2008 and October, 2010, it was routinely inspected twice. These inspections are performed by the Division of Health Care facilities Evaluation and Licensing for the NJ Department of Health and Senior Services.

During these two inspections, 34 deficiencies were cited at the facility. Although there were a variety of deficiencies cited, some of the most severe had to do with abuse and neglect policies, patients’ rights to voice grievances without reprisal, infection control issues, and issues regarding sanitation. These deficiencies were found to be widespread, with a number of them alleged to cause immediate jeopardy to resident health and safety.

Nursing Home Abuse Lawyers in New Jersey and Phialdelphia

It is extremely important to be aware of a nursing home’s records and reputation before placing a loved one in it’s care. It is equally as important to be vigilant in your review of these health department reports to protect the safety of the patient from various forms of abuse and neglect. This Atlantic County nursing home has had many serious deficiencies cited in the past two years, and family members of residents must make extra efforts to ensure that proper treatment and care are being provided.

If your loved one is currently a resident at nursing home or long term care facility, and you feel that the care they are receiving is poor, negligent, sub par, or dangerous, contact the Mininno Law Office for a free case evaluation. The NJ and PA nursing home abuse lawyers at the Mininno Law Office are skilled and experienced in earning compensation for victims of nursing home abuse. You may also call for a free case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Don’t let abusive and inattentive nursing homes continue to diminish your loved one’s quality of life. Contact a nursing home abuse attorney today.

Nursing Home Abuse Exposé: Sterling Manor

As New Jersey and Philadelphia nursing home abuse lawyers, we have been randomly viewing the New Jersey Department of Health and Senior Services report cards for New Jersey nursing home. The State of New Jersey publishes these reports for each nursing home and long term residential facility in New Jersey. We have been reviewing the inspection summary reports for different nursing homes and reporting on those that have a large number of citations. It is important to review these reports to be aware of any signs of possible nursing home abuse.

Sterling Manor in Maple Shade, NJ

new jersey philadelphia nursing home abuse lawyers exposé sterling manorToday we are posting on Sterling Manor. Sterling Manor is a nursing home that has 124 long term patient beds under its care. It is located in Maple Shade, New Jersey in Burlington County. Sterling Manor had 3 routine inspections over the two year period from November 2008 until October 2010. It also had 14 complaint inspections during that same time period. The Sterling Manor nursing home was cited for physician visit issues relating to care/notes/orders etc., as well as residential record issues, life safety code violations, and bed sores. (As we have posted on many occasions, bed sores, themselves, are signs or nursing home abuse.)

Problems relating to the treatment and prevention of bed sores is also one of the reasons the facility received a complaint inspection as recently as July 2010. Another complaint inspection occurred due to food sanitation and preparation issues. These types of issues are what can lead to claims of nursing home abuse. It is important if you plan on having your loved one cared for in any nursing home, including Sterling Manor in Maple Shade, that you review these State of New Jersey Licensing and Evaluation inspections, to make sure it is a safe environment free from abuse.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is a resident at a nursing home and you believe that the care they are receiving may be negligent or abusive, 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. Our team can work to earn you the compensation you deserve.

Nursing Home Abuse Exposé: ManorCare Health Services, West Deptford, NJ

Once again today we are here to discuss another local nursing home that has been cited with a number of deficiencies in the past two years. As nursing home abuse lawyers, it is important for us to educate the public on the need to investigate whether appropriate standards of care are being met in the New Jersey and Philadelphia nursing homes. Numerous violations can be a sign of nursing home abuse.

Gloucester County Nursing Home Cited With Violations

new jersey philadelphia nursing home abuse lawyers manorcare health servicesToday’s post takes a look at a nursing home facility in Gloucester County. The name of the facility is Manorcare Health Services. It is located on West Deptford and has 156 long term care beds.

The Manorcare facility was inspected two times from November 2008 through October 2010. During these two inspections, 25 different deficiencies were cited. The scope and severity of these citations ranged from isolated to widespread. One of the citations was for a level 3 offense, which is one considered to have caused actual harm to one or more residents. In this particular instance it referred to not maintaining the proper nutritional status. There were also instances of life safety code violations and violations regarding the sanitary and comfortable environment, as well as bed sore prevention and treatment failings.

Twenty-five violations in only two inspections over a two-year period seems to be quite a concern. These types of failings are the things that can lead to patient safety concerns, including the acquiring of bed sores. During this time period, four complaints were also inspected and detailed at ManorCare. One of these complaints did in fact concern bed sores, and although it was isolated in this case, it was found to have had a potential for more than minimal harm. Of course, both acquiring a bed sore and the improper treatment of that bedsore are indeed nursing home abuse. Any of these issues should be discussed with a New Jersey nursing home abuse lawyer immediately. It is important to be an advocate for your loved one, and when abuse has occurred it is important to have an attorney advocating with you.

New Jersey and Philadelphia Nursing Home Abuse Lawyers

If your loved one is a resident at a nursing home or long term care facility and you are seeing signs that you attribute to possible negligence or abuse, 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.

Let the Mininno Law Office team work hard to earn you the compensation you and your loved one deserve.

Nursing Home Abuse Exposé: South Jersey Health Care Center

As New Jersey and Philadelphia attorneys with a focus on nursing home abuse, we are always concerned with the well being of nursing home patients housed in long term care facilities in New Jersey. We have recently been reviewing reports published by the New Jersey Department of Health and Senior Services regarding the evaluation and licensing of nursing homes and other types of long term care facilities. It is a major concern of ours when we find reports that indicate various violations that are indicative of nursing home abuse.

South Jersey Health Care Center receives Unsatisfactory Ratings

new jersey philadelphia nursing home abuse lawyers south health care centerToday we are reporting about the South Jersey Health Care Center located in Camden, New Jersey. This is a nursing home that has 120 long term care patient beds. In a two year period, from November 2008 until October 2010, this nursing home was inspected on two separate occasions. During those inspections, the nursing home was cited for 16 separate violations. These violations included failure to meet proper safety code standards, lack of proper housekeeping and maintenance services, and food and nutritional issues. Many of the violations were found to occur often, and at least one of the violations was considered immediate jeopardy to residents’ health and safety.

One of the violations concerned the neglect that causes initial acquisition and later worsening of bed sores or pressure ulcers. As indicated in some of our earlier posts, the procurement of a bed sore is nursing home neglect and should not occur if the nursing home staff is properly trained and fulfilling their jobs at the proper level. In the case of the South Jersey Health Care Center located in Camden, there are enough violations to warrant a family’s close monitoring while a loved one remains in the home’s care. As always, it is important to review any nursing home that you may have in mind before your loved one is entered as a resident, and to monitor the nursing home for abuses during their residency.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident at a nursing home or long term care facility and you feel that the care they are receiving may be negligent or abusive, 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. Don’t let your loved one become another victim of negligent and inadequate nursing homes.

Let the Mininno Law Office team earn you the compensation you deserve.

New Jersey Nursing Home Exposé: Stratord Nursing & Convalescent Center

As nursing home abuse lawyers practicing in Philadelphia and New Jersey, it is important that we help educate readers on nursing home abuse and the safety of the local nursing homes. Today we want to share the importance of researching and reviewing nursing home inspections. The Department of Health and Senior Service’s Division of Health Facilities Evaluation and Licensing” conduct routine inspections of New Jersey Nursing Homes. A review of these published reports can help identify care facilities with a pattern of abuse and neglect.

Stratford Nursing & Convalescent Center

new jersey philadelphia nursing home abuse lawyers Spotlight Abusive careToday, we are reporting on the Stratford Nursing & Convalescent Center located in Stratford, New Jersey. The latest published report shows all of the violations found during the routine inspections for the two year period between November 2008 and October 2010. The Stratford Nursing & Convalescent Center had 33 cited nursing home violations on the two combined inspection dates. The facility’s citations included safety code violations, life safety code standard violations, and others related to abuse and neglect. The level of violations were mainly rated as being pattern or widespread violations, with at least four considered to cause immediate jeopardy to the residents health or safety. Stratford’s ratings are a sure cause for concern, and it is quite clear that immediate corrective action needs to be taken. The facility’s noncompliance with one or more standards has caused, or is likely to cause, serious injury, harm, impairment, or death to a patient or resident.

These reports are a very effective tool when evaluating which long term nursing home a loved one should be placed in. It is also important to review these reports periodically to make sure the facility is not showing signs of abuse or neglect. Facilities that show a widespread pattern of safety violations are often the same nursing homes with patients that develop malnutrition and bed sores, and receive other neglectful and abusive treatment.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If your loved one is a resident of a nursing home that provides negligent, abusive, or sub-standard care, 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. Do not let abusive treatment go unnoticed or unpunished.

Be Aware: What Are the Signs of Nursing Home Negligence?

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

new jersey philadelphia nursing home abuse lawyers aware signs negligenceAs 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.

Clear Signs of Nursing Home Abuse

As nursing home abuse lawyers, we have previously posted educational tips about the prevention and treatment of bed sores. Today we wanted to inform readers of some additional forms of nursing home abuse that often occur. Just as with bed sore prevention, there are signs that can be observed that indicate nursing home abuse.

Physical Abuse in Nursing Homes

One type of nursing home abuse that has outward signs is physical abuse. Physical abuse is occuring if bodily injury or pain results from the excessive application of physical force. The abuse can be, but is not limited to: hitting, pushing, shoving, pinching, burning, or even beating. Inappropriate use of restraints is another form of physical abuse. In fact, the use of restraints over long periods of time is not only physically abusive, but can also lead to the development of bed sores and pressure ulcers. The over use of medications, usually sedatives, and force feeding can also be considered physical abuse.

Nursing Home Abuse Red Flags

new jersey philadelphia nursing home abuse lawyers list sings abuseIt 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. Any drastic changes with no explanation must be looked into.

Sometimes, nursing home staff will actually try to hide signs of abuse by refusing access to the patient by visitors. This can cause residents to not only suffer from isolation, but also become fearful of discussing the abuse or neglect with a family member or supervisor. Any refusal by nursing home staff to allow visitor access should raise immediate red flags that are probed with the utmost scrutiny. As in all cases of nursing home abuse, the sooner it is discovered, the sooner the treatment and prevention of further abuse can take place. It is imperative to watch for the signs of physical abuse, especially in those nursing home patients that are unable to protect themselves.

Nursing Home Abuse Lawyers in NJ and PA

If your loved one is a resident at a nursing home or long term care facility, and you believe they are receiving inadequate and negligent care, 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.

Let the team at the Mininno Law Office work to earn you the full and fair compensation you need and deserve.

Bedsore Prevention Tip #13: Educational Programs

As nursing home abuse attorneys, we have found that one of the most effective ways to prevent nursing home abuse and neglect is to be properly educated in the needs and care of your loved one. Each and every nursing home patient has unique needs which calls for the implementation of unique care plans. Nursing home patients that are susceptible to bed sores and pressure ulcers are in particular need of staff awareness and education. As we always state, “Prevention is always the best medicine when it comes to preventing nursing home abuse and neglect, such as bed sores and pressure ulcers.”

Tip #13: The Importance of Educational Programs for Staff and Families

new jersey philadelphia nursing home abuse attorneys educational programs prevent bedsoresOne 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.

The important information that we have posted on previously, such as proper nutrition, hydration, and the need for repositioning, should be taught, along with particularized patient needs. Many of the nursing home patients’ particular needs in terms of bed sore prevention can be discovered by a proper risk assessment. This risk assessment can then be used as a tool for re-evaluation on a periodic basis to ensure that the nursing home patient is not being neglected, and that all of their needs to prevent the contraction of bed sores and pressure ulcers are met. This proper staff and caregiver education can make the difference in whether a bed sore does or does not occur!

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Your loved ones deserve, just as anyone else does, proper care when placed in a nursing home or long term care facility. Families like yours pay top dollar for a medical staff to effectively and safely treat the family members that they can no longer care for themselves. It is unacceptable for a nursing home to allow it’s residents to suffer from bed sores or other dangerous conditions.

If your loved one is receiving sub-standard, negligent, or abusive care at a nursing home, 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 Philadlephia.

The team at the Mininno Law Office will work hard to earn you the compensation you need and deserve.