Nursing Home Abuse Lawyers With Twelfth Tip for Bedsore Prevention

As indicated in some of our previous nursing home abuse posts, the prevention and treatment of bed sores can begin with some very simple steps. This is particularly important for the nursing home patient that may have decreased mental awareness for a variety of reasons. Often, these patients are the ones that become victims of nursing home abuse and neglect. Daily plans and charts are particularly useful when dealing with nursing home patients who have a decreased mental awareness.

Tip # 12 to Prevent Nursing Home Abuse

new jersey philadelphia nursing home abuse attorneys patients decreased mental awareness It is particularly important for loved ones to carefully monitor the staffing of nursing home patients with decreased mental awareness. These patients can be particularly vulnerable to bed sores and pressure ulcers. These nursing home patients have a unique set of circumstances that must be taken into account by caregivers at a long term care facility. A patient with a decreased mental awareness may not have the appropriate level of sensory perception to be aware of the beginning of a pressure ulcer or bed sore. Also, these patients, even if aware, are not always able to verbalize what they are feeling, or take the necessary steps to prevent the bed sores from occurring.

Sometimes, these decreased mental abilities are due to illness or age, but they can also arise from certain medication or medication combinations. It is very important for the nursing home staff to be aware of any and all effects on the often helpless residents that live there. It is their duty to look out for patients’ needs. Without active vigilance, nursing home abuse and neglect will occur. Families should discuss their loved one’s medications and side effects. They should look for signs of decreased mental abilities from illness or medications. It is important to realize that these nursing home patients need extra care to ensure they do not acquire these painful and sometimes deadly bed sores and pressure ulcers.

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’re worried that they are in danger due to inadequate, negligent, or even abusive care, contact the Mininno Law Office for a free case evaluation. The nursing home abuse lawyers at the Mininno Law Office are skilled in earning compensation for those who have been wronged by medical providers in nursing homes. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Jury Awards Family $42.75 Million for Nursing Home Abuse and Neglect

nursing home abuse attorneys new jersey philadelphia Harborside MadisonvilleA Kentucky jury awarded $42.75 million to a family who claimed that nursing home abuse and neglect led to their loved one’s death. Joseph Clint Offutt was a resident at the Harborside of Madisonville nursing home for only nine days before he died. In that brief time, Mr. Offutt became lethally dehydrated, despite having a feeding tube. The nursing home failed him in the most basic way: they failed to ensure he had enough water to live.

Nine Days of Nursing Home Abuse

Mr. Offutt served in World War II and was still planting crops at age 88. A stroke weakened him in 2007. His wife of 58 years, Pearline, cared for him at home for eight months. Despite Pearline’s efforts, Offutt’s family concluded he needed professional care. Nursing homes exist for the purpose of caring for those whose families can no longer care for them.

It is incredibly distressing for a family to trust their loved one’s life to the promises of these “experts,” only to find their loved one received worse care at the nursing home then they would have received at home. As a New Jersey nursing home abuse lawyer, my experience shows that the nursing home’s lies and broken promises make it even harder for the family to accept their loved one’s fate.

Mr. Offutt was only at the nursing home from March 25 to April 3, 2008. He was transferred to a hospital and died two days later on April 5, 2008. The family alleged that nursing home staff members neglected Mr. Offutt. The nursing home allowed him to suffer from severe dehydration, malnutrition, bedsores and infections. The nursing home allowed all of this to happen in just nine days, and their neglect ultimately caused his death.

Harborside’s Response to Nursing Home Abuse Verdict

Of course, the nursing home then had the audacity to criticize the jurors. Carol Britt, administrator of the facility, released the following statement:

We feel the size of the verdict is outrageous and totally inappropriate based on the facts presented in the case. Not only did we provide quality care to this individual, but the outsized punitive damages assessed against us bear no relation to our conduct. We intend to vigorously challenge the decision through the appeal process.

With all due respect Ms. Britt, how does outstanding care lead to death by dehydration in just nine days?

Adult Protective Services officials of the Kentucky Cabinet for Health and Family Services investigated the care provided to Mr. Offutt and agreed with the allegations of nursing home abuse. The Office of Inspector General cited the nursing home for failing to prevent bedsores in the case of Mr. Offutt. Was the state wrong too Ms. Britt?

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

As a New Jersey and Philadelphia nursing home abuse lawyer, I find Ms. Britt’s comments to be indicative of the attitudes expressed by the entire nursing home industry. The jury awarded $1 million for Offutt’s pain and suffering, $1.75 million for his wife’s loss and $40 million for punitive damages. The jurors were members of Ms. Britt’s community. The jury took time out of their lives to sit through the trial and listen to all of the evidence. Contrary to Ms. Britt’s opinion about the jury and the size of their award, the evidence against the nursing home must have been so egregious for the jury to become so outraged that they felt the need to send a message to the nursing home that their conduct was reprehensible.

If you or a loved one have suffered due to nursing home abuse or neglect, 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.
Our team is dedicated to fighting this huge industry that seemingly has no respect for the lives with which it is entrusted. Let us earn you the compensation you deserve.

Simple and Cheap Ways to Prevent Bedsores in Nursing Homes

As a New Jersey nursing home abuse lawyer, we bedsore prevention and how some nursing homes are now using a “team” approach to actively fight this problem. My absolute favorite quote from the another Nursing home abuse advocate is “preventing bedsores is a 24/7/365 kind of job.” Duh! Of course it is! The question is why most nursing homes don”t see things from that perspective?

A lawyer who represents cliens with bed sores, pressure ulcers and sees other kinds of nursing home abuse, we are happy when we see some nursing homes and long term care facilities finding “creative, low-tech solutions” being implemented by nursing homes to fight bedsores. Some homes that have developed a simple team approach to keep residents constantly moving to avoid pressure sores:

  1. Laundry workers now make sure resident”s clothes fit properly and are not restricting the skin;
  2. The Kitchen staff has added protein powder in their cookie mix to boost nutrition. They have also changed their food service to buffet rather than sit down dining to encourage residents to keep moving; and
  3. The beauty shop now repositions clients as they are getting their hair done to prevent sitting in one position for too long.

These changes are so simple, yet extremely effective. And they don”t require any extra technology or funding for nursing homes and is a great example of how to use technology to the resident”s advantage. As a New Jersey Nursing home abuse lawyer, we also encourage nursing home to purchase mattresses made with high-density foam to reduce pressure on key areas. They also use special moisture blocking creams on incontinent patients to help reduce prolonged urine contact with the skin.

Again, these are simple, yet effective ways to reduce bedsores in nursing home residents. All they require is a little bit of effort and a little bit of creativity. And while these suggestions may not completely reduce incidents of bedsores, I think families would feel much better knowing that the facility is truly taking an aggressive approach in caring for their loved one.

For further information on bedsores and nursing home abuse, click on the following links:

New Jersey Nursing Home Abuse Lawyers

Elder Abuse and Nursing Home Neglect: Is Any Resident Safe?

elder abuse new jersey philadelphia attorneys nursing home negligence prospect park residenceA New York nursing home finds itself in the midst of nursing home abuse allegations after being accused of holding a frail Brooklyn judge prisoner by blocking his mail and visitors. The allegations are the latest twist in a case launched this year by the family of Judge John Phillips against Prospect Park Residence, the nursing home in which Phillips resided for eight months until he died at age 83 in 2008.

The family’s lawyer, John O’Hara, a long time friend of Judge Phillips, said of the tragedy:

The whole thing was surreal. It looked like a nice place, but it was a death house.

Elder Abuse and Nursing Home Negligence

Unfortunately, families are often led to believe that a nursing home that appears to be well maintained would provide care equal to the quality of the physical surroundings. There is often little correlation between how nice the home looks and how good the care is. In fact, a beautiful nursing home often gives the family a false sense of security about the care they expect their loved one will receive.

Court papers allege nursing home officials misled the former judge’s family and attorneys about the services they could provide for the diabetic. Nursing homes will make any promise necessary to gain residents. Families bring their loved ones to nursing homes because their conditions just become too fragile for these families to handle. This is why nursing homes exist – to take care of our loved ones when we no longer can.

The former judge’s family alleges that he didn’t get the diabetic meals or regular insulin shots he needed, which caused his health to quickly deteriorate. This is why it is important to maintain a primary care physician who is independent from the nursing home. It is also important to make sure the nursing home is communicating with the family and physician in a timely fashion about changes in the resident’s condition.

The suit charged that “Judge Phillips was confined against his will for approximately eight months by the defendants at their facility … denying [him] proper medical care.

The nursing home’s executive director David Pomerantz declined to talk about the lawsuit. “On the advice of our attorney, I cannot comment,” he said. Phillips was in good shape when he arrived at the Prospect Park West facility, but quickly declined, friends said. “He was getting sicker and more miserable,” said O’Hara.

NJ and PA Nursing Home Negligence Attorneys

Is your loved one a victim of elder abuse or nursing home negligence in a nursing home or long term care facility? Donald Browne is an experienced Elder Abuse attorney at the Mininno Law Office. Donald has seen it all from the nursing home industry: avoidable bedsores, avoidable falls leading to fractures, medication errors, and physical and/or sexual assaults by staff members or other residents are amoung the most common.

Nursing homes make many promises, and lawyers like The Mininno Law Office’s Donald Browne hold them accountable when they put profits over people and do not follow through on these promises.
Please contact the Mininno Law Office for a free case evaluation, or simply call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Neglect Brings Criminal Charges to Facility Owner and Employee

In a shocking and rare turn of events, nursing home abuse has put an assisted living facility caretaker in jail for 31 months following the death of a resident.

Nursing Home Neglect in a Washington State Facility

new jersey philadelphia elder abuse attorney nursing home neglect jean rudolph houghton lakeview
Jean Rudolph died in 2008 at age 87 due to infection caused by three stage 4 bedsores that went untreated.
Jean Rudolph, 87, was a resident at the Houghton Lakeview adult home in Kirkland, Washington. She suffered from Alzheimer’s Disease, as well as varied heart problems. She was virtually bedridden and had extreme difficulty verbalizing any complaints she may have had regarding pain or discomfort.

When Jean died, she weighed 68 lbs, and was being ravaged by infections caused by three untreated, stage 4 bedsores that had burrowed to her bones. A pressure ulcer on her hip revealed a hip joint jutting out of her body.
When her son was notified of the bedsores, after almost a month of severe neglect, he rushed his mother to the hospital where she died three weeks later.

Her caretaker, Effie Tutor, was sentenced to 31 months in jail for a felony count of first-degree criminal mistreatment. Nursing Home owner, Patricia Goodwill, plead guilty to second-degree criminal mistreatment. Prosecutor Page Ulrey has asked for a one year jail sentence.

Unbeknownst to Rudolph or her family, the Washington Department of Social and Health Services (DSHS) had previously cited Houghton Lakeview with a number of serious health and safety violations. After Rudolph’s death, the facility was closed down. Investigators are looking into another nursing facility that Goodwill owns in Washington. The DSHS is currently reviewing her conviction to determine whether or not she should be stripped of her license to run the other facility.

Are You a Victim of Elder Abuse or Nursing Home Neglect?

Elder Abuse and Nursing Home Neglect are a serious epidemic in today’s long term care industry. It’s a good thing that law enforcement and juries are seeing these as criminal offenses, and forcing punishments upon offenders.
If you or a loved one have suffered in any way due to elder abuse and/or nursing home neglect in a nursing home or long term care facility, 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.

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

What is a Nursing Home Care Plan?

A care plan is a document specific to each nursing home resident that identifies all of their medical issues, the treatments the staff is supposed to provide to treat those issues, and a list of goals to reflect the expected improvement their medical condition.
A federal law known as OBRA requires nursing homes to provide a multi-disciplinary team of care givers who are charged with ensuring that the nursing home resident receives the care and services needed to ensure that the resident reaches and maintains “the highest practicable degree of physical, mental, and psychosocial well-being.

This team is primarily made up of physicians, nurses, physical therapists, social workers, and dieticians (and essentially any other discipline involved in the resident’s care).
To deliver on the quality of care the resident and their family were promised by the nursing home, the team must develop a comprehensive care plan which provides a framework for the staff who are treating the resident on a day-to-day basis. To be effective and comprehensive, the care planning process must include the input of all caregivers that are involved in the care of the resident.

Care planning is an essential part of properly caring for a nursing home resident. A good care plan provides a ‘road map’ of sorts, to guide all who are involved with a resident’s care. A caregiver that was just hired, or is coming back to work from a vacation, can look at the care plan developed for a resident and know exactly what needs to be done to care for that resident.
A care plan is not a stagnant or stationary document. The care plan changes just as the resident’s condition changes. The care plan needs to be reviewed and updated by the caregivers, especially when there is a change in the resident’s condition.

What is a Care Plan Conference?

Care plans should be created at a care plan conference held at the nursing home. The resident, and their family members, should be involved in the conference. The nursing home should invite the resident, and their family members to attend the conference. If they don’t, the resident, and their family members should tell the nursing home Administrator that they would like to be present at the conference.
At the care plan conference, the resident’s medical issues are identified and the treatments that the staff is supposed to execute to care for the resident are set forth. Goals for improvement are set. Whether the resident’s health improves, or declines, the care plan needs to be adjusted to reflect the best way to treat the resident at that time.

It is important for the family to attend the care plan conferences because they can discuss what they know about the resident to ensure that the resident’s medical issues are properly identified. It is also important for the family to discuss and understand treatment strategies and goals with the caregivers.
Understanding a resident’s care plan will help the family understand what should be happening at the nursing home, and to bring it to the attention of the Administrator and resident’s physician if the family feels the care plan is not being followed. Not following the care plan can often lead to nursing home abuse, debilitating falls, and pressure ulcers for the resident.

Relevant Federal Statute concerning Care Plans

$483.20(d) (A facility must…) use the results of the assessment to develop, review and revise the resident’s comprehensive plan of care.

$483.20(k) Comprehensive Care Plans

The facility must develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. The care plan must describe the following:

(i) The services that are to be furnished to attain or maintain the resident’s highest practicable physical, mental, and psychosocial well-being as required under $483.25; and

(ii) Any services that would otherwise be required under $483.25 but are not provided due to the resident’s exercise of rights under $483.10, including the right to refuse treatment under $483.10.

Nursing Home Neglect: Mininno Law Office

If you or a loved one have been the victim of nursing home neglect or abuse, contact the Mininno Law Office immediately and get a free case evaluation. You could also call us toll-free at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let us work to get you the compensation you 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.

Should a Price Tag be put on Good Medical Care?

There has been much debate about health care over the last few months. One of the issues that is being brought up over and over again is whether or not tort reform and limits on malpractice suits actually will save money. Some people say it does because doctors will not have to spend so much money ordering special tests and treatments for patients when it may not be needed. Should a price tag really be put on good medical care? What if a doctor did not order a test or treatment because they thought it was not needed and then later discovered that it could have helped? For situations like these that happen every day in millions of hospitals, doctor’s offices, and nursing homes in every state, we still need our malpractice rights. It is still possible that even with universal coverage those doctors may make a medical error either because they want to cut a cost or because they just did not pay enough attention. States that have medical malpractice caps and tort reform are not actually saving any more money than those who do not have them. So why should we deny patients the right to good medical care and treatment when we are not really saving any money by doing so? Everyone, even the doctors that see patients every day, should have the right to speak up if their medical care is inadequate or if there is a problem. This should be a basic right as a person and an American. Malpractice caps do not save money on health insurance so why take away a person’s right to good medical care and treatment and the right to sue if they do not receive it? The logic just does not make sense.

People in this country have the right to free speech as well as many other rights and that should always include the right to speak up about medical errors and malpractice. These rights should be totally different than the health insurance debate because there should not be a price tag on person’s right to good proper medical care.

If you would like more information on the health care debate and malpractice rights, you may visit this link.

If you or a loved one has been injured or abused due to improper medical care, contact a medical malpractice lawyer right away. They will help you advocate for your right to be heard and receive the care you deserve.

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