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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.

 

 

CBS Report Brings to Light the Ugly Truth on the Yamaha Rhino

A CBS Special Report has finally brought to light the outrage surrounding the Yamaha Rhino. According to the Consumer Product Safety Commission (CPSC), more than 59 riders have been killed in accidents involving the Yamaha Rhino, an all terrain vehicle guilty of a seriously flawed design. A staggering 440 wrongful death and personal injury lawsuits are pending against Yamaha for accidents involving the Rhino, and that does not include lawsuits they have already decided to settle. For years, Yamaha has done their best to avoid public humiliation and increased legal pressure regarding the Rhino, however recent pressure from the CPSC has brought the matter to the attention of the public.

The consequences of poor design and lack of safety standards applied to the Rhino has had staggering consequences. Hundreds upon hundreds of cases have surfaced describing accidents involving crushed legs and arms, amputations, head trauma, and in far too many cases, even death.

So where does the problem stem from? Thanks to the extensive work of plaintiff’s attorneys and the experts that aide them, two fatal flaws have been discovered in the design of the Rhino. Almost all accidents involving the Rhino result from rollovers and full or partial ejection from the vehicle. Rollovers are reported to have been the result of a high center of gravity mixed with a shallow wheel base. This has resulted in rollovers even at low speeds and on flat terrain. Once the vehicle has begun to roll, injury becomes almost unavoidable, as the Rhino contains no safety restraint system, and does not include any doors which keep operators and their limbs inside the vehicle during a rollover. The results of these two design flaws has obviously been catastrophic.

Despite the overwhelming evidence, Yamaha’s response has been to deny until death. After being pressured by the CPSC to recall the product, Yamaha responded by announcing a , “free repair program,” to improve the Rhino’s handling and stability-seemingly a recall in everything but name. The company agreed to install spacers on the rear axles of the vehicles to make them a few inches wider, to remove their rear anti-sway bars, and install protective half-doors on Rhinos that don’t already have them. Owners who watch a safety video when they bring in their Rhinos will also get a $100 coupon toward purchase of a helmet. Yamaha stressed that the action was not a recall, but a, “voluntary repair program.” By avoiding the term, “recall,” Yamaha is attempting to protect itself from legal punitive damages, which has upset many agency officials and consumers.

While the evidence seems undeniable, Yamaha’s extensive legal team is making life as difficult as possible for the families of wrongfully injured or killed consumers. The problem comes from proving causation. Jurors have to be convinced that it was the design of the ATV, not driver error that caused the accident and resulting injuries. While accident reconstructions and expert testimony clearly point to faulty design, Yamaha’s attorneys have attacked its own customers by alleging improper use and dangerous driving. However, much to Yamaha’s avail, some cases brought regard drivers that are not doing anything irresponsibly. They are not going too fast, traveling on level ground, and not turning hard. They still roll over and because of lack of restraint systems these drivers and passengers are subjected to incredible injuries.

While it appears to be a long and difficult road ahead, the side of consumer safety and protection will eventually prevail. Plaintiff’s attorneys are continuing the fight to have the product entirely recalled and make sure the victims of faulty design are compensated for their pain and suffering. If you or anyone you know owns one of these vehicles, please inform them of the dangers immediately, and advise them to cease using it. Finally, if you, your family, or a friend has been a victim of an accident involving the Yamaha Rhino, please contact an attorney immediately. The only way to get Yamaha to right the situation is to press them legally. Each new case against Yamaha involving the Rhino send the message to corporations that the public demands safety be the top priority of vehicle design.

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You and Your Car: Control Your Surroundings Around Your Children

Close calls on the road can be a scary thing, especially when they involve children. This morning, while dropping my children off at school, I had one of the most terrifying experiences of my life. After my youngest son got out of the car, he turned to wave, and ran off towards the building at full speed, anxious to meet up with his friends. He wasn’t paying attention, and ran quickly around the back of another car dropping off their own children. He ran right through their blind spot right as they began to back out, coming very close to getting hit by the rear end of the car. I could only look on in horror, and thankfully, he was fine. While I know my son is very aware of the danger of vehicles, and how to act around them, there are still many uncontrollable factors that lead to terrible accidents involving children. However, there are also many factors which are controllable, which if addressed, can prevent thousand of accidents each year. Below is a list of safety ideas to help keep your young children safe in and around vehicles.

Please follow the following recommendations to keep children safe:

1. Walk around and behind a vehicle prior to moving it.

2. Know where your kids are. Make children move away from your vehicle to a place where they are in full view before moving the car and know that another adult is properly supervising children before moving your vehicle.

3. Teach children that “parked” vehicles might move. Let them know that they can see the vehicle; but the driver might not be able to see them.

4. Consider installing cross view mirrors, audible collision detectors, rear view video camera and/or some type of back up detection device.

5. Measure the size of your blind zone (area) behind the vehicle(s) you drive. A 5-foot-1-inch driver in a pickup truck can have a rear blind zone of approximately 8 feet wide by 50 feet long.

6. Be aware that steep inclines and large SUV’s, vans and trucks add to the difficulty of seeing behind a vehicle.

7. Hold the child’s hand firmly when leaving the vehicle.

8. Teach your children to never play in, around or behind a vehicle and always set the emergency brake.

9. Keep toys and other sports equipment off the driveway.

10. Homeowners should trim landscaping around the driveway to ensure they can see the sidewalk, street and pedestrians clearly when backing out of their driveway. Pedestrians also need to be able to see a vehicle pulling out of the driveway.

11. Never leave children alone in or around cars; not even for a minute.

12. Keep vehicles locked at all times; even in the garage or driveway and always set your parking brake.

13. Keys and/or remote openers should never be left within reach of children.

14. Make sure all child passengers have left the car after it is parked.

15. Be especially careful about keeping children safe in and around cars during busy times, schedule changes and periods of crisis or holidays.

These precautions can save lives.

Medical Malpractice Attorney in New Jersey

What Every Citizen Should Know About the Nursing Home Industry: A background

Deciding whether to put a loved one into a nursing home is the one of the most difficult decisions we must all face. In today’s fast paced society, however, it has become increasingly difficult to care for the elderly at home. Even more daunting, is choosing the right nursing home. Indeed, making a decision on a facility is difficult; with more and more nursing homes going up every year, the number of available options seems endless, even in some of the more remote sections of the country. Although on the surface many nursing homes may appear to be the same, there are dramatic differences between nursing homes, and unfortunately, many shortcomings. In order to have a better understanding of how nursing homes can be so dramatically different in quality of care, and to help you choose which nursing home might be best for your loved ones, you should first have a basic understanding of how nursing homes function in the United States.

First and foremost, it is important to constantly be aware that more than 80% of nursing homes in the Unites States are for-profit, publicly traded, corporations. This is in direct contrast to hospitals in the Unites States, which 87% of are non-profit operations. So how does this affect you and your family? Simple. In any publicly traded corporation, the final goal will always be profit. The Profits must come first. This is not just common practice, it is written into law. By law a publically traded corporations the most important, if not the only, obligation is to increase the profits of their shareholders. This set up has helped drive industrial and technological advancements at a staggering pace. However when it is applied to the practice of nursing homes and long term care, a problem arises.

By nature, medicine and long term care are extremely expensive. The cost to run hospitals and long term care, and nursing homes can reach staggering figures. In fact, it is estimated that at least $180 billion is spent on critical care alone in the United States each year. Although cost cutting is always a simple and desirable way to boost profits in any corporation, the nature of health care and long-term care simply does not allow for it. When dealing with the lives of human beings, there are large and unavoidable costs connected to providing their patients with the care they need to stay healthy with an acceptable quality of life. Unfortunately, this does not stop these corporate nursing homes from doing whatever they can to minimize their spending.

This cost cutting rears its ugly head in many forms in corporate nursing homes. Most apparent however, is the effect it has on the staff. Many for-profit nursing homes are dramatically under staffed, many of whom do not have the proper training to manage their positions in the first place. Lack of training, oversight, and personnel immediately translates into health risks to the patient. This includes, but is not limited to: bed sores, falls, under and over medicating, mixing up patients’ medications, unacceptable poor hygiene, physical abuse by staff, and lack of response to emergency situations. Incidents such as this are a daily occurrence. Fortunately however, you have the power to choose where to place your loved ones, and when the worst happens, you have the legal power to do whatever you can to rectify the situation.

When the worst happens to a loved one in a nursing home, contact an attorney immediately. The status quo of dramatic cost cutting in the nursing home industry will not change until it is no longer profitable to continue cutting costs and quality of care. By bringing a suit against a nursing home or long term care facility, you are demanding they change their way of business by punishing them financially for their neglect. By contacting an attorney who specializes in nursing homes, you are doing your part to make sure what terrible things happened to your loved ones do not happen to someone else.

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Don’t Let Them Fool You – Health Systems can be Held Liable for Incidents at their Hospitals

Here’s an interesting legal tactic for you: In a negligence case brought against the system, the University of Pittsburgh Medical Center is apparently asserting that it doesn’t run hospitals, despite describing itself as an “integrated global health enterprise” in its own press releases. – Anne Ziegler, FierceHealthCare.com

Central to what might be the most interesting negligence trial in quite some time is the untimely death of Rose Lee Diggs. Ms. Diggs, an 89 year-old woman was being treated at the University of Pittsburgh Medical Center. Without any hospital staff noticing, and without any proper means to prevent her from doing so, Ms. Diggs got out of her bed, wondered down the hall, up the stairs, and to the roof of the hospital, where she would later be found dead. The suit, which contends that hospital staff delayed in reporting Mrs. Diggs missing and tried to remove evidence from the scene, names both UPMC Health System, and UPMC Presbyterian Shadyside as defendants.

However, in what might be one of the most interesting defense tactics I have seen yet, attorneys for the University of Pittsburgh Health System have asserted that even if there was a wrongdoing in the case of Mrs. Diggs, that the system would not be responsible. Its attorneys have taken the position that each hospital and healthcare facility within its system are independent, not-for-profit corporations which are solely liable for the negligence that occurs at their facility.

Although clever, this argument does not hold under law. In any lawsuit in which the hospital is held liable for malpractice and/or negligence, the Health System which funds, organizes, and operates that facility is also held liable. Of course, the final decision in this case regarding whether or not University of Pittsburgh Health System can be held liable will be up to the Judge hearing the case. Lets just hope she sides with the legal precedent, and common sense.

Help Pass The Medical Safety Device Act

In February 2008, the Supreme Court of the United States ignored Congressional intent and disregarded 30 years of experience under the 1976 Medical Device Amendments (MDA), during which FDA regulation and state tort law worked together to protect consumers from dangerous devices. The court’s recent decision in Riegel v. Medtronic gave total immunity to device manufacturers who fail to adequately warn consumers about device risks. The court, failing to understand that FDA approval does not mean a device is entirely safe, sided with the corporate world over the rights of its citizens, preventing the public from suing when a medical device fails and causes serious harm.

When patients with devastating injuries are unable to hold the negligent manufacturer accountable, the patient and the taxpayers are left footing the bill. For a patient with private health insurance, the health insurance would most likely cover the additional surgery. However, true to the nature of the beast, the price of that patients coverage will most likely increase, leaving that patient stranded to find a way to pay for their increasingly unaffordable health insurance, with no compensation for the physical limitations caused by the device’s failure.

For Medicare or Medicaid-covered patients, the costs of the additional medical care are passed to, that’s right, you, the taxpayers. And for patients who can no longer work, they may need additional taxpayer supported programs, such as Social Security disability. All this cost shifting does nothing to help the injured patient, drains public funds, and does not encourage the manufacturer of the faulty device to fix the problem.

So what can be done? Write to your state and federal representatives and let them know you support the Medical Device Safety Act of 2008. What will it do? The bill simply does two things:

1) It restores Congressional intent by explicitly stating that actions for damages under state law are preserved.
2) It makes the amendment retroactive to the date of enactment of the Medical Devices Amendment of 1976.

The court took the decision-making process out of the hands of Congress and of the court system and put it completely in the hands of FDA bureaucrats. State legislators and attorneys general are joining the cause of rolling back the situation to before the Supreme Court’s decision and restoring the status quo in effect for decades. An American who thinks people should have some access to the courts – any access at all – should be for the act, because right now, in these situations, there is no access, and that’s not the American way.

For more information, please click here.

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Chamber of Commerce: Business As Usual at a Theater Near You

In what seems to be an endless bombardment of spin campaigns, the chamber of commerce has now cracked into the movie business, by releasing a trailer to be shown in Washington, D.C. area theatres. Titled’ “The Faces of Lawsuit Abuse,” The Chamber has once again launched an attack against the world’s best legal system in an attempt to shield their exclusive members from lawsuits.

By shamelessly exaggerating isolated issues of what some would call questionable legal practices, the chamber is attempting to invalidate the entire civil legal system of the United States. Although they insist that their goal is to protect everyday citizens from greedy trial attorneys, the truth is that this campaign is just a new phase of their longstanding credo that negligent corporations should never be held accountable. Period.

The consequences of the chamber reaching their goal would be disastrous. Throughout American history, the legal system has combated against the corporate structure and won the right to protect its citizens from the profit driven manufacturers of today’s modern society. From the food we eat, to the toys our children play with, all products sold to consumers today would not be nearly as safe as they are if it were not for the modern legal system. If the Chamber had its way, parents would have never been able to sue when a defective crib killed their child, veterans of Vietnam would not have been compensated for their exposure to deadly toxic agents, and citizens would have never been properly warned of the dangers of tobacco.

The irony of it all is, that while the Chamber doesn’t want everyday Americans to use the legal system, they are actually one of the biggest lawsuit-filers in Washington. Except in their case, Chamber sues on behalf of Wall Street banks, oil companies, and lead paint manufacturers.

Let the government know how you feel about this immoral attack on the best legal system in the world. Write to your local and state representatives and let them know that you do not want the Chamber of Commerce walking on our constitution in order to protect the wallets of its contributors.

Medical Malpractice Attorney in NJ

Legal Side Effects or Legal Remedy?

In May’s issue, Kate Wilcox stated that a recent U.S. Supreme Court’s decision left drug companies “wide open for lawsuits” because it allowed juries to hold negligent drug companies accountable for harm they cause. The principles expressed by the Supreme Court in the Wyeth decision require federal regulations to improve transparency and public participation in the FDA regulatory process. Also, the decision recognized the state civil justice system provides an additional protection against billion dollar pharmeceutical companies when government regulations fail, and therefore agencies must limit their attempt to preempt state law, except in cases when Congress has explicitly stated its intent to do so. The decision upholds laws that are much needed, especially in light of the long standing practice of pharmaceutical companies to sponsor and pay for the, “research,” of the drugs they make. This practice allows the companies to market the drug’s positive effects while concealing the dangerous side effects that harm patients. The Court’s decision upholds important constitutional rights afforded to all citizens in this country and should be welcomed by a journal that promotes scientific study.

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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