Category: Malpractice

Are nursing homes safe for our loved ones?

Are nursing homes safe?

If you have to decide whether to move a loved one to a nursing home, you should ask yourself, this question: “Are nursing homes safe?” The answer is yes and no: We would like to believe that all nursing homes offer proper attention and care, but sadly, our experience and the statistics show that this is not true for every case. Some nursing homes are safer than others — but no place is truly safe because you are entrusting your loved ones to the care of the strangers who staff these nursing homes.

According to the American Psychological Association’s Office on Aging, “every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect. For every case of elder abuse and neglect that is reported to authorities, experts estimate that there may be as many as five cases that have not been reported”. This is a brutal statistic.

Why are some nursing homes unsafe?

Some nursing homes are unsafe because of elder exploitation, abuse and neglect. Why does this happen? First, remember that nursing homes are mostly profit-driven entities. The less they can pay staff, the more they can pay the shareholders. I’d like you to think about staff in particular. Here are five reasons for abuse:

1. Not enough employees — one less staff member means more profits
2. Under-qualified employees — the less experienced, the lower the pay, the greater the profits
3. Overworked employees — when staff have to do more with less, they become less caring
4. Underpaid employees — when a staff member is making minimum wage, the caring incentive is decreased
5. Stressed and/or frustrated employees — the above factors adversely affect even the most dedicated and caring nursing home workers

A nursing home corporation is driven by economics. The corporate profits are increased by every dollar that can be saved on the number and quality of staff members. These are just some answers for the question, are nursing homes safe? Can you think of any other answers?

What should I do if I suspect abuse?

Contact a nursing home abuse lawyer right away.
At the Mininno Law Office, we have New Jersey certified civil trial lawyers available to help you. Our NJ nursing home abuse lawyers are experienced in nursing home neglect and abuse cases. They can assist you with anything you need. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Choosing a nursing home is a difficult task but a very important decision

Choosing a nursing home is a decision like no other. You’re selecting a new home for someone you love and a place from where they may never return. It’s the toughest decision you may make. So, it’s important to know what questions to ask and what answers to expect. Many nursing homes may appear to be the same, but you will sometimes notice dramatic differences if you examine each one carefully.

If I’m choosing a nursing home, what’s most important?

Choosing a nursing home requires time, research and care. When choosing a nursing home, you have to consider many factors. Most importantly, you should be your loved one’s own patient advocate. Ask tough questions and demand specific answers. Unfortunately, despite the best research, residents are sometimes mistreated or neglected even in a good nursing home. New Jersey malpractice attorneys have seen too many of these cases before.

When choosing a nursing home, what information can help me?

A recent study looked at roughly 16,000 rated nursing homes in the U.S. Here are the good results:

• Homes with high nurse to patient ratios generally received strong ratings. In other words, the more caretakers the better. Be sure to ask about the nurse to patient ratio, not just the patient to staff ratio.

• Homes in the northeast were rated higher than homes in other regions. This is good news if you live here in the northeast but not so good if you live elsewhere.

• More than 2 million Americans return home after staying in a nursing home for fewer than three months. So, a nursing home stay does not have to be a life sentence.

Here are the bad results:

• Homes run by for-profit corporations generally receive lower ratings than homes run by nonprofit corporations. This should not surprise you. Sadly, many nursing homes put profit over people.

• Homes with more than 100 beds generally received lower ratings. Again, no surprise there. Fewer patients versus more caretakers is always better than the other way around.

• More than 500,000 Americans die in nursing homes each year — that’s a tough statistic to swallow.

If the worst should happen to your loved one in a nursing home, though we hope it never does, please contact a certified civil trial lawyer immediately.
The Mininno Law Office is always available to help. If you have questions about nursing homes, our New Jersey nursing home abuse lawyers can answer them for you.

Lasik Eye Surgery may help you see more clearly, but how safe is it really?

The Food and Drug Administration announced on Thursday October 15, 2009 that it will start looking into the negative effects associated with corrective laser eye surgery. Some of these negative effects may include blurred vision and dry eyes. The FDA is going to work with the National Eye Institute and the Department of Defense to investigate the amount of people that experience negative side effects after having this corrective eye surgery. This research will include patient questionnaires and clinical trials to help keep track of patients who have had the surgery. These procedures by the FDA will hopefully help in be able to better understand the effects of laser eye surgery and its long term safety, because it is still unknown. Approximately six million Americans have had this Lasik eye corrective surgery which reshapes the cornea, but the long term safety has been unknown. It is good that the FDA is investigating the negative side effects that people could experience, but it may have been better if they would have done this before six million people have had the surgery. There were years of complaints from patients and the FDA just now decided to step in and look at the problems. Part of this reason seems to be because these types of surgeries cost between a thousand to five thousand dollars to perform. It seems like yet again, money is put before patient care and safety. This is not the way it should be. Maybe the FDA should take a better look at its policies too. Patients should always come first.

For additional information on the effects of corrective laser eye surgery you may visit: http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/SurgeryandLifeSupport/LASIK/default.htm

If you or a loved one has experienced negative side effects due to laser corrective eye surgery, contact a medical malpractice attorney right away. They will help you advocate for the medical care you deserve.

New Health Legislation may not provide Coverage for Everyone

The health legislation concerns still keep going and going. The Democrats have celebrated that the bill created in the Senate Finance Committee would not increase the deficit, but it may not actually provide coverage for every American as previously promised. Yes, the bill will cover the expensive and possibility the sickest patients, but it will pose an insurance risk to other people by making them pay even more in health care coverage. This will lead to people once again not being able to afford coverage and then again having not everyone receiving health insurance coverage. The health care reform was supposed to provide health care coverage for as many if not all Americans. This does not seem to be the case since health insurance will increase their costs for those with insurance making those with insurance unable to afford it. This means less injuries and health problems for those that are covered by the new health care reform and unaffordable insurance and more injuries and problems for people that already had health insurance. This seems like the bill will not actually be able to deliver what was once promised. Patients and proper health care should come first, but yet again, money and profits are still being put first. When will our system get up to speed to places like Europe where if you have an ehic card, that’s probably all you are going to need for coverage. We need to make sure that not only is every American able to afford coverage but that this coverage will provide proper medical care and less malpractice and injuries for patients.

For more information on the new health reform debate, you may visit: http://www.washingtonpost.com/wp-dyn/content/article/2009/10/08/AR2009100801732.html

 

If you or someone you love feels like you have not received proper medical care, please contact a malpractice lawyer right away. They will help you advocate for your rights to receive proper medical care.

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.

Health Care Reform versus Medical Malpractice Rights

There continues to be much debate about health care reform and how to achieve it for everyone. There have been people talking about and trying to push aside medical malpractice rights in favor of other medical rights and reform. The truth is that is two different topics and should be given two seperate debates. Health care reforms main goals are to make sure every person in this country has affordable health care coverage. That is great and even wonderful if it can happen, but it should not come at the expense of taking away other much needed rights of the same Americans we are trying to get medical coverage. If we get medical coverage for every person, but then take away their rights to file a complaint if injured while receiving  that medical care what are we as a country saying? Are we saying you can go to any hospital or doctor you want now because you are covered with insurance but we do not care if you are injured or we do not care how good that medical care is? This country needs medical coverage for everyone, we really do, but we also need to keep protecting the rights of those injured by medical errors and malpractice every year. Thousands of people with medical coverage still not receive proper medical care, due to errors, injuries, malpractice, and abuse. We as a country need good medical care, but we also need to protect our rights to voice our opinions and let them be heard if we are injured by a medical error. If health care reform pushes aside medical malpractice rights then we will just have yet another crisis on our hands. We need to think of people first and foremost and profits second. Medical coverage will not matter if the medical care is not good. This is why medical malpractice rights are still very important and cannot be pushed aside.

If you want to do your part to protect medical malpractice rights, write a letter to your congressmen or your editor and get the word out about how we still need these rights and they should not be taken away.

For more information on the health care reform and medical malpractice rights you may visit: www.peopleoverprofits.org

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.

 

 

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.

THE RESEARCH RECESSION: 12 years of Anesthesiology progress in question

Over the past 12 years, anesthesiologist Scott Reuben revolutionized the way physicians provide pain relief to patients undergoing orthopedic surgery for everything from torn ligaments to worn-out hips. (Brendan Borrell, Scientific American)

Rueben’s drug studies were responsible for convincing orthopedic surgeons to move away from the first generation of non-steroid anti-inflammatory drugs to a new method, known as COX2 inhibitors. He claimed that these new drugs, made popular under the names Vioxx, Celebrex, and Bextra, in combination with anticonvulsants could be effective in decreasing postoperative pain and reduce the use of addictive pain killers, such as morphine, after surgery. What seemed to be a break through, Reuben’s findings were hailed as a great step forward in redesigning anesthesiology.

12 years later however, the profession is in a state of crisis after an investigation by the Baystate Medical Center revealed that at least 21 of Reuben’s papers were entirely made up, faking the beneficial results and in some cases, masking possible dangers. The investigation found that the data in these 21 studies had been partially doctored, and in some cases, entirely fabricated by Dr. Rueben.

Although this most recent investigation has brought the wall tumbling down for Dr. Rueben, signs of cracks had leaks had begun to rear their ugly head over the past five years. In the early part of the decade, orthopedic surgeons began to distrust Rueben’s COX2 inhibitors, when animal testing found that the drugs might actually hinder bone healing. Soon there after, in 2004, Vioxx and Bextra, and Celebrex were pulled from the market because of their link to an increased risk of heart attacks and strokes. All the mean time, Dr. Rueben continued to present positive “findings” for the use of these COX2 inhibitors in his research.

So, even with the public at risk, what motivated Dr. Rueben continue his campaign for these drugs? Simple. Money. It was discovered during the course of the Baystate investigation that Dr. Rueben’s research was entirely funded by Pfizer; the maker of both Celebrex, and the anticonvulsants lauded by Dr. Rueben’s study to be used in conjunction with the COX2 inhibitors. Baystate however could not find any records of the payments, suggesting that the payments were made not to Dr. Rueben’s research group, but instead directly to Dr. Rueben.

Although we may think of doctor’s as always having the best intentions, one must always remember the power of money. Pharmaceutical corporations are some of the richest and most powerful companies in the world, and they need doctors on their side. It is much easier today for these drug companies to pay off a doctor to get the results they need rather than go back to the drawing table and leave behind an unsuccessful product. Because of this, remember to always remain informed when consulting with your doctor about possible medication options. An informed patient is always the safest patient.

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