Tag: nursing home negligence

Nursing Home Abuse Lawyers Fight Bedsores

As a New Jersey and Philadelphia nursing home abuse lawfirm, many people come to us after their loved ones have developed bedsores while residents at a nursing home or an assisted care facility.

Nursing Home Abuse and Bedsores

Medically speaking, a bedsore is more accurately referred to as a pressure sore or pressure ulcer. new jersey philadelphia lawyers against bedsoresThe Mayo Clinic defines these as areas of damaged or dying tissue in skin that results when pressure restricts or cuts off the blood supply to vulnerable parts of a patient’s body such as the skin of the buttocks, the lower back, the hips, the heels, and the toes. If blood flow is compromised and there is not adequate oxygen from the compromised blood flow, the skin and tissue in this area ulcerates and eventually dies resulting in a bedsore. Bedsores can be superficial or they can be gaping wounds that go to the bone.

Bedsores are a huge risk when living in a nursing home. Research shows from 5 to almost 30% of patients in nursing homes and assisted care living facilities may have bedsores. That’s just an amazing statistic given the numbers of seniors living in nursing homes and assisted living facilities. Without question, bad nursing homes will cause bedsores and pressure ulcers.

How does Nursing Home Abuse Cause Bedsores?

Why are patients in nursing homes much more likely to develop a bedsore than patients who are hospitalized or remain at home? The answer is simple. Because many Corporate Nursing homes put their shareholder’s profit over the very people they are supposed to be providing care for. How?
1. By hiring the lowest paid caregivers who, many times, are inexperienced and do not have adequate training; and
2. By also cutting back on a number of staff members who provide care.

Although laws require nursing homes to provide an adequate number of staff members to provide for the needs of the nursing home patients, many nursing homes or long term care facilities only hire the minimum number of staff required by state law where they are operating. This number is not related to patient needs, but just enough to meet state requirement. That’s like bragging about getting a D on an exam – it may meet the minimum standards, but it’s not good.

Nursing Home Abuse Prevention

Because being in a nursing home is one of the most significant risk factors in whether or not your loved one will or will not develop a bed sore, it is important that families be proactive with nursing homes and become a “patient advocate.” It takes a team effort to fight back against nursing home abuse. If possible, family members should visit their loved one on a daily basis and come at different times to ensure that the nursing staff is not just giving “face time” when they know family members will be present. Family members should do skin checks of their loved ones to see whether or not there is any redness or swelling which could be indicative of a developing pressure ulcer. Families should immediately, in writing, document any signs or symptoms of pressure ulcers. A copy of the documentation should be given to the nurse, the nursing home administrator, and the nursing home physician. Families should demand that the nursing home provide a care plan to address any potential bedsore. If the nursing home does not respond immediately to a potential developing pressure ulcer or bedsore, you should report this nursing home abuse to the ombudsman in your area.

Nursing Home Abuse Lawyers in NJ and PA

If your loved one is receiving inadequate, abusive, or negligent care at a nursing home or long term care facility, contact the Mininno Law Office for a free case evaluation. The nursing home abuse lawyers at the Mininno Law Office are skilled in handling these cases, and earning victims and their families fair and necessary compensation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Report Nursing Home Abuse in New Jersey
Report Nursing Home Abuse in Pennsylvania

As a New Jersey nursing home abuse law firm, we constantly speak with nursing home abuse victims and/or their families. Many ask if Congress has been actively involved in the prevention of nursing home abuse. While the answer is indeed YES, more work is needed.

Nursing Home Abuse Regulations through OBRA

nursing home abuse attonreys in new jersey and philadelphiaAs far back as 1987, the United States Senate Special Committee on Aging held hearings to determine the scope of abuse that was occurring in nursing homes. The federal government deemed the nature and extent of the abuse occurring in nursing homes to be such a serious concern that at the same time, the United States Office of Inspector General further began an investigation designed to uncover whether or not nursing home abuse was widespread throughout this country’s long term care system. As a result of the Senate and the Inspector General’s investigations, Congress then enacted in the Ombudsman’s Reconciliation Act of 1987, or OBRA .

The act consisted of specific federal laws designed to protect the rights of nursing home patients. These regulations set forth patients’ rights to include an absolute right not to be abused physically or mentally by a nursing home staff. The nursing home guidelines in OBRA further sets specific nursing home guidelines that required nursing homes to set out medical policies, procedures, and practices to minimize patient injuries such as bedsores, malnutrition, falls, and other signs of neglect. Under OBRA, states are required to establish state nursing home departments where patients and their families can file complaints. These state nursing home regulatory agencies are also required to perform prompt investigations of any allegations of nursing home abuse, bed sores, pressure ulcers, bedsores, nursing home negligence and other nursing home quality-of-care issues.

Nursing Home Abuse Should be Reported Promptly!

As a New Jersey nursing home abuse lawyer, we typically advise our New Jersey nursing home law clients to file their complaints with the “Office of the Ombudsman for the Institutionalized Elderly”. This office investigates allegations of bed sores, abuse and neglect of seniors, age 60 and older, who are living in nursing homes and other long-term healthcare facilities. Under New Jersey law, callers are entitled to anonymity, and the abuse investigation files are not open to the public. To file a complaint, you can call the 24 hour toll-free hotline at 1-877-582-6992, or email at ombudsman@advocate.state.nj.us.

As a Pennsylvania nursing abuse lawyer, we advise our Pennsylvania nursing home law clients to file or report any allegation of abuse or neglect with the State Long-Term Care Ombudsman, Pennsylvania Department of Aging, 555 Walnut Street, Fifth Floor, P.O. Box 1089, Harrisburg, PA 17101, Phone (717) 783-7427, Fax (717) 772-3382 or the 24 hour state-wide elder abuse hotline at 1-800-490-8505.

Though Congress’s OBRA protection laws have been around for over 25 years, it appears that Nursing Home abuse is still a systemic problem that continues to plague the quality of life of all seniors. As a nursing home abuse lawyer and advocate, we encourage Congress and States to continue to enact protections for the prevention of nursing home abuse.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If you or a loved one have suffered extensively due to the abusive or negligent actions of a nursing home or long term care facility, please contact the Mininno Law Office for a free case evaluation. The NJ and PA nursing home abuse lawyers at the Mininno Law Office are prepared to handle even the toughest cases, in order to earn you the compensation you need and deserve. You may also call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

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Don’t wait as the statute of limitations may be running out on your claim!

For many baby boomers, there comes a time when the health issues of mother, father, or other loved one become so advanced that it is impossible to safely and properly care for them anymore. When this happens, the only option may be to place them in a nursing home. Sometimes these stays are for rehabilitation purposes and are temporary. Frequently, however, the stays are permanent. Nursing homes promise that they are equipped to take care of people who are unable to take care of themselves, hence the reason they are in business. They are supposed to provide the care a sick person’s family can no longer provide. And just as families rarely prepare to place their loved one in a nursing home, they also rarely consider what will happen if their loved one suffers an injury as a result of nursing home abuse or negligence.

Nursing Home Negligence Allows for Bedsores

nursing home abuse and negligence attorneys in new jersey and philadelphiaNursing homes frequently allow their residents (our loved ones) to acquire decubitus ulcers, which are more commonly referred to as pressure sores or bedsores. These horrible pressure ulcers are often a result of nursing home neglect regarding the care they provide and preventative methods they employ. High risk bedsore patients (patients who are bedridden) are to be rotated every two hours. Failing to do so is failing to appreciate the risk of skin breakdown for the resident, allowing for the actual development of the bedsores. Even worse, negligent nursing homes that allow for the development of these bedsores commonly fail to properly treat them. It is in these instances that pressure ulcers can become deadly.

Nursing Home Abuse Allows for Falls

Likewise, nursing homes frequently fail to properly assess residents for their risk of falling. There are numerous precautions that a nursing home can take to prevent most falls. Unfortunately, many times these precautions are not taken, and as a result, residents suffer debilitating injuries to hips, shoulders, necks, and heads. Falls and fractures effect the sick and elderly much differently than they do an able bodied younger person. In a negligent nursing home, a hip fracture could be a catalyst for death. As the adult responsible for your loved one, you now find yourself in the position of deciding whether to investigate a nursing home negligence and abuse lawsuit.

Nursing Home Negligence Attorneys in NJ and PA

If you have had to watch your loved one suffer because of nursing home negligence and abuse, do not make the mistake of thinking there is nothing you can do. Nursing homes that act negligently must be punished for their actions. You trusted them to care properly for your family member, and they have taken that money and betrayed your trust. Contact the Mininno Law Office to speak with a New Jersey or Philadelphia nursing home abuse attorney. Through that inquiry form, we offer free case evaluations. We also offer free consultations by phone at (856) 833-0600 in New Jersey, and (215) 567-2380 in Philadelphia.

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

nursing home negligence new jersey philadelphia attorneys homewood residenceIn a tragic case of nursing home abuse and negligence, an assisted living facility in Delray Beach, Florida will be paying a $7,500 fine after the death of 93 year old resident Michael Gruen. Gruen suffered from advanced stages of Alzheimer’s disease and died after drinking dishwashing liquid.

Homewood Residence (a Brookdale Assisted Living Facility), which has until now neither accepted or denied responsibility for Gruen’s death, received warnings in 2008 regarding insecure areas of their facility. Dangerous chemicals were accessible to the number of dementia patients living within the nursing home. Apparently, the appropriate changes were not made.
Michael Gruen accessed the detergent in the early morning hours of December 28, 2009, while caretakers were busy with another patient. A staff member found Gruen standing over the liquid, and asked him if he swallowed it. Gruen did not answer. He was rushed to the emergency room at Delray Medical Center but died 18 hours later as a result of severe burns to his esophagus.

NJ and PA Nursing Home Negligence and Abuse Attorneys

The 2008 citations were not the only warnings Brookdale’s Homewood Residence had received. In February 2009, Homewood Residence paid a $3,000 fine when 10 residents became sick with norovirus. And in April 2009, a $1,500 fine was given after questions arose during an inspection regarding the treatment of bedsores. The treatment and care this nursing home was providing was inadequate and negligent then, and continues to be now.
State health agencies investigate these homes and hand out citations and fines, but these small amounts don’t seem to instill any fear or sense of responsibility into those that are running these nursing homes and long term care facilities. Perhaps the only way to truly make owners and administrators aware is to take them to court and let a jury decide their penalties.

If you or a loved one have been victimized by nursing home negligence, 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 elder abuse attorneys are here to earn you the compensation you deserve.

The California Department of Public Health recently announced that the Browning Manor Convalescent Hospital, a nursing home in Delano, California, has received an AA citation – the harshest penalty under California State Law – for nursing home abuse and negligence.
The citation was accompanied by a $100,000 fine from the State for the death of a resident that resulted from inadequate supervision and care.

Elder Abuse at Brown Manor

nursing home negligence attorneys new jersey philadelphia elder abuse Browning Manor Convalescent HospitalThe resident was a 58 year-old man from Kern County. He had a history of aggression and outbursts, and was particularly difficult with staff members on June 23, 2009. Brown Manor Policy states that residents displaying agression should be monitored for at least 72 hours, or until their disposition is relaxed. This monitoring and extra supervision did not happen, however, and a few days later, the 58 year old man fell out of his wheelchair, sustaining injuries to his brain and spine.

He was taken the hospital and release, but died two days later. The Kern County coroner wrote that the man’s cause of death was indeed related to the injuries he suffered on the day of the accident.
Elizabeth Tyler, a representative for the nursing home, claims the man left the facility that day well and coherent. She also announced that Brown Manor has hired an expert neurologist who will testify that the man’s death was not brought on by injuries sustained from the fall.

NJ and PA Elder Abuse Attorneys

The New Jersey and Philadelphia nursing home negligence lawyers at the Mininno Law Office are eager and prepared to handle the toughest cases of elder abuse. If you or a loved on have suffered at the hands of a negligent nursing home or long term care facility, 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.

new jersey nursing home negligence abuse attorneys wrongful death ruby larson pheasant point retirement residence

Ruby Larson disappeared in July, 2007 from the Pheasant Point Retirement and Assisted Living Facility in Molalla, Oregon.

The Pheasant Point Retirement and Asisted Living Residence in Molalla, Oregon was home to 75 year old Ruby Larson. Ruby was admitted to the home in May of 2007, suffering from dementia, short-term memory loss, and disorientation. She had no recollection of her own medical needs, and had a history of wandering off.
The staff at Pheasant Point was aware of Ruby’s condition, as well as the inherent risks associated with it. During her stay there, Ruby wandered off 4 seperate times. The fourth time, July 23, 2007, she never returned. Teams from three surrounding counties searched and found nothing. She was declared legally dead by judge’s order in 2008.

Ruby’s son, David Buoy, filed a $2 million dollar wrongful death lawsuit against the Molalla retirement home, accusing the facility of nursing home negligence and improper care towards his mother.
His attorney, Phil Leubbers, named Pheasant Point and it’s parent company, Spectrum Retirement Communities, in the suit. Among it’s many allegations of nursing home neglect, the suit also alleges that Pheasant Point was slow to act on Ruby’s dissappearance, taking their time before reporting her absence to police.

Three Years Later, Her Body is Found

In May 2010, Ruby Larson’s body was discovered amidst blackberry bushes in a field just a quarter mile away from the facility. Her body was fully clothed and found by a 4 year old child who was searching for his missing cat.

On October 4, 2010, Ruby’s family was awarded $821,000 by a Multnomah County jury. They returned an 11-1 verdict for negligence. Attorneys for Pheasant Point and Spectrum Retirement maintain that “. . . no one did anything wrong here. Ruby Larson lived the life she wanted to live.”

NJ and PA Nursing Home Abuse and Wrongful Death Attorneys

Ruby Larson’s death was brought on by continued negligence and repeated failure on the part of Pheasant Point to protect Ruby from herself. The state she was in required caretakers to pay close attention to her and prevent her from disappearing. They failed 4 times to keep her inside the facility, and the last time was deadly.

If you or a loved one have suffered the effects of nursing negligence or abuse, call an experienced New Jersey or Pennsylvania Nursing Home Abuse attorney at the Mininno Law Office. We will work hard to get you to compensation you deserve!
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.