Tag: nursing home abuse

Chamber of Commerce Attacking Legal System through Radio Ads

In this country, we all have the right to hold another person or party, or even corporation responsible for their acts of negligence, malpractice and other cases of harm. Recently, the Chamber of Commerce has entered the radio advertisement arena in an attempt to protect its high standing members from these lawsuits and claims of negligence. They claim that this is to protect people from meaningless lawsuits, but these ad campaigns are supported by the same people that the Chamber of Commerce is trying to protect, including oil, tobacco, and insurance companies. It seems to like the Chamber of Commerce does not really care about proper care and practices for individuals and Americans, it seems like they care more about protecting their highest paying and loyal supporters. Once again money is put before rights and in this country people have fought for those rights and they deserve the chance to exercise them when the situation calls for it. People’s rights and needs should come first before money, but once again, this is not the case. If people listen to the ads of the Chamber of Commerce than people will not be able to sue for neglect or abuse of a loved one in a nursing home, or a injury due to a product defect or the injuries that can error due to improper label of products. If the members of the Chamber of Commerce were injured due to malpractice they would want to have the right to sue, so other people deserve this right as well.

For additional information on the Chamber of Commerce radio campaigns, you may visit:

http://www.politico.com/news/stories/1009/28211.html

 

If you or a loved one feels you have been injured due to medical negligence, please contact a malpractice attorney right away. They will help you get your voice heard and your rights protected.

How to look for Good Long Term Care Facilities

When a family member or loved one needs care but it has become too hard for you or your family to give it yourself, you want to find the best care possible for your loved ones. Too many times we hear stories about people that go to this nursing home or to that one and end up with injuries, are abused, suffer from malnutrition, have bed sores or other problems. Unfortunately, these are not just stories. These things happen to millions of elderly people every single day. If you want to make sure you are taking your loved one to a “sage” or high quality care facility, there are couple things you can do. You can talk with friends and neighbors about places they have tried and get a general idea of what to look for and then you can go online to www.medicare.gov

On this website you can search for nursing homes by state, city and more and then it will bring up a list of nursing homes and how they are rated based on their overall rating, health inspections, nursing staff, and quality measures. This website also lists what insurance programs they participate in and whether or not the nursing home is non-profit. Once you have this list, you can begin calling places and asking to see the facility or even to spend a day with a resident who lives there. It is important to see what actually goes on at a long term care facility, so that you know you are sending your loved ones to a place where they will be treated well for any injuries or sores they may get and where measures are taken to prevent nursing home abuse and other problems. This way you can feel better about the care of your loved one now and in the future.

For more information on nursing home ratings in New Jersey, you may visit: www.medicare.gov.

 

If you feel that your loved ones have been a victim of nursing home abuse, please contact a nursing home abuse lawyer right away.
He will help you advocate for the rights of you and your loved ones, to get the quality care they deserve.

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.

Nursing Home Abuse Lawyers Fight Scheme

Did you know that nursing home abuse can be lucrative? Insurance companies do! The economy is struggling. You and I, our families and friends, even big companies are struggling to stay alive in a toxic economic climate. The difference is, these insurance companies have corporate shareholders to keep at bay. Their answer? Cash in on nursing home residents’ insurance policies of course!

Nursing home abuse against scheme to make death profit

nursing home abuse attorneys new jersey philadelphia Fight Scheme
Greedy Scrooge McDuck in the 1983 Disney animated feature

Remember when Ebenezer Scrooge died and his house cleaner sold his stuff to cash in? Well, insurance companies and nursing homes are now scheming to do the same to residents. It involves encouraging patients in long term care and assisted institutions to sell their policies for a discounted cash amount. The patients get a pittance of a return – which they can spend at the home for “care.” In exchange, the nursing homes and the insurance carriers get the insurance policies from the patients. These policies are then packaged and sold to Wall Street as future bonds. When the patient dies, Wall Street or the care facilities gets the payout. Talk about a conflict of interest! The longer the patient lives, the greater the cost to the nursing home and the smaller the profit on the policy. Conversly, if the patient dies just after the purchase, the care center reaps the profits.

Nursing home abuse and the “profits over people”

We believe that these institutions should be in the business of caring for our elderly loved ones, not stealing from them. They should not be in the business of leveraging a patient’s health and life as a commodity to be traded on the market. Such practices are depraved. But, this nursing home business IS big business, and as is often the case, “profits over people” is business as usual. Every day, we read about how nursing home abuse and negligence take the place of adequate and compassionate care, only to make an easier and quicker profit. People and their medical care should come first. We understand this and are ready to help you.

Nursing home abuse lawyers in NJ and PA

If you feel that your rights are being violated or that a loved one has not received proper care or may be a victim of nursing home abuse, contact the Mininno Law Office for a free case evaluation. The nursing home abuse lawyers at the Mininno Law Office will make sure that your loved ones’ voices are heard and their rights protected. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Make sure that care is put before profits and advocate for these rights. Let the Mininno Law Office team earn you the compensation you deserve.

Full NY Times article, Wall Street Pursues Profit in Bundles of Life Insurance

Nursing Home Training Tips to Prevent Abuse

Every day millions of nursing home patients face abuse because many nursing home put profits over patients.  As a result, many nursing homes are understaffed and have overworked, underpaid and unqualified employees. In particular, many nursing home employees are not trained to properly care for and treat bed sores due to incontinence, poor nutrition, and immobility. Many goverment agencies and organizations, including the Agency for Health Care Policy and Research, have studied and evaluated ways to better train employees at nursing homes and other assisted living facilities to help prevent bed sores and pressure ulcer, as well as many other types of nursing home abuse faced by millions of patients every day. Although, the first concern should be patient care, unfortunately money usually comes before the care of a patient.  Clearly, with proper training and care of nursing home employees, much of the abuse we see can easily be prevented.

For example, nursing home employees should be trained to properly asses patients  with immobility problems such as those in a wheelchair or those who are bed bound. The evaluation of these patients should include plans for:

·a special diet plan

·Being repositioned or turned at night to reduce or prevent bed sores.

·A daily exercise routine

·Regular skin and hygiene evaluations

Regular bathing and cleansing of bed bound or wheelchair bound individuals can also help reduce or prevent bed sores and other types of abuse. Problems should be noted and written down on a weekly or monthly report. If a nursing home patient develops a malnutrition problem the first step that needs to taken is an evaluation of the food they have been eating and careful evaluation after adding more calories and nutrients.

Many times, the employees want training, but can not afford to do so.  Clearly, nursing homes and assisted living facilities should provide training classes to nursing home caregivers at little or no cost so that they can learn the proper ways to reposition, transfer and help a bed bound or wheelchair bound patient to help prevent bed sores or pressure ulcers.

Below are simple and general guidelines and training tips that can help to prevent nursing home abuse for millions of patients every day. Patients and their care should be priority number one; if not, patients need to have nursing home lawyer, someone fighting for their rights to proper medical care and abuse prevention.

If you feel that you or your loved ones rights have not been respected or you have been a victim of nursing home abuse, please contact a nursing home abuse attorney right away and let a nursing home lawyer help you fight for your rights and your loved ones.

To read additional information about the guidelines provided by the Agency for Health Care Policy and Research and the National Libary of Medicine, you may visit the following website:

http://www.ncbi.nlm.nih.gov/books/bv.fcgi?rid=hstat2.chapter.4409

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.

 

 

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

A Quarter of Nursing Homes Flunk the Test

In mid December, the federal government unveiled its new rating system, which it uses to help advise the public on the quality of care they are receiving from their local area nursing homes. This system will help individuals make informed decisions about the institution they trust with the care of their loved ones.

Under the new system, five stars means a nursing home ranks “much above average,” four stars indicates “above average,” three means “about average,” two is “below average” with a one indicating “much below average.” The rankings will be updated quarterly. Senator Herb Kohl of Wisconsin stated that the new ranking system would help bolster transparency, which is, “…the key when it comes to nursing home quality.”

Unfortunately, along with the progress of informed decision making came the shocking realization that almost a quarter of all nursing homes in the country have been given the federal government’s lowest possible rating: one out of five stars. Receiving such a low rank in particular had to do with the high percentage of patients with bedsores after their first 90 days in the nursing home and the number of residents whose mobility worsened after admission.

When nursing homes are understaffed, over worked, and improperly trained, the results can be catastrophic. Where there is lack of individual patient attention, pressure sores and decreased mobility are sure to follow. When it comes to protecting your loved ones, please pay strict attention to the federal rating system. Alice Hedt of the Insititute for Nursing Home Reform states that, “Our initial reaction is that consumers should probably avoid any facility with a one- or two-star rating and even a three-star rating unless people they trust convince them that the rating is inaccurate or unfair.” However, the rating system alone is not enough to properly judge. Ms. Hedt advises that, “…Nothing should substitute visiting a nursing home when making a decision.”

If you are in the process of finding a nursing home for your loved one, please pay strict attention to the federal ranking system. If you have a family member already in a nursing home, please remember to check on them regularly. Bedsores are a life threatening injury, and should be checked for regularly. If your family member has been subject to bedsores due to a lack of proper care, please contact an attorney to help remedy the situation as fast as possible.

Related Information:

New Jersey Lawyers – Nursing Home Abuse

Willow Crest Manor Shut Down by Department of Public Works

Residents of Philadelphia and Willow Grove were appalled to find out that their local nursing homes, Willow Crest Manor, was being shut down by the Department of Public Works.  The DPW was quick to pull the plug on the home after investigations in to two suspicious deaths uncovered gross negligence and massive rule violations. 

The list of egregious violations included the administration of recalled drugs after the date of the recall, the distribution of medicine to its customers by unlicensed and under trained employees, and the use of prescription drugs without a doctor’s orders.  The DPW found that medicines given to residents weren’t being recorded, often resulting in patients receiving over or under doses of their life saving medication.  One resident said that after he told the staff he needed insulin, they did not provide it to him, forcing him to inject it himself while unsupervised.

The deaths of a 49-year old woman and a 24-year-old man with cerebral palsy found dead in his bed have resulted from similar violations.  It was obvious that residents at Willow Crest were in immediate and serious danger. The DPW ordered that all 51 residents, about half of who are elderly and most of whom suffer from mental illness, be evacuated and relocated at once.

Willow Crest Manor was among many major homes in the Philadelphia metropolitan area under scrutiny by the DPW.  There seems to be a common link between them all however: Owner Annand P Mittal.  The DPW has been finding serious state violations at his other agencies—including Southampton Manor in Bucks County, and Diston Manor and Adelphia in Philadelphia—that have caused them to ban his operating licenses.

Evidence from around the state and the rest of the country has highlighted that this is not an isolated problem.  Many privately owned for-profit nursing homes have been subject to criticism due to excessive negligence and rule violations.  Thankfully the Department of Public Works has done the right thing, however they certainly wont be able to remedy the damages already dealt by Willow Crest and other facilities like it.   If you know someone who has been a victim of the Willow Crest Manor or any other Pennsylvania or New Jersey nursing homes, please contact the Law Firm of John Mininno. There are legal remedies to help your family.

Related Information:

New Jersey Home Abuse Lawyers

New Jersey Bedsores Attorneys