Nursing Home Abuse Attorneys Encourage You to Trust Your Instincts

A lot of time and effort goes into choosing the right nursing home for your loved one. Location, cost, equipment, and staff are all important factors when considering what facility will become responsible for the life and care of your elderly loved one. But one thing we encourage as nursing home abuse attorneys is to trust your gut when choosing a facility. In most cases, as always, if something feels wrong , it probably is.

Family Notices Signs of Abuse Quickly and Takes Action

nursing home abuse attorneysMoraa’s Assisted Living, a nursing home in Collegedale, Tennessee, is shutting down after of a number of resident abuse cases have been reported.

The home was run by David and Agnes Machoka and their only employee, Margaret “Maggie” Adhiambo. Haley McDonald and Heidi McFarland found the home for 96 year-old Gertrude after doing research online. But, when they went to visit Gertrude after she had made her new home there, McDonald said something was “off.” “Mother complained to me quite a bit about what was going on at night when they were put to bed,” said McFarland. The women witnessed Adhiambo abusing Gertrude’s roommate, “I saw her, Maggie, throw the patient on the bed and push her down with her shoulders,” McDonald said. This was enough for the women to want their grandmother out of the home after a week, “I wanted her out of there. I said I don’t want to leave her there. I’ll go up there and pick her up myself, she’s not staying there and getting abused,” McDonald said. They removed Gertrude, took her to the hospital and notified the police. At the hospital the elderly woman was dehydrated and showed signs of abuse, “She had bruises on her,” McDonald says. “There were finger prints by her knees.” The police then found that the home was in violation of fire code and had neglected to correct numerous previous violations.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If you or your loved one have suffered nursing home abuse, negligence, and inadequacy it’s time to contact nursing home abuse attorneys. The team at Messa & Associates is dedicated to earning justice and compensation for those injured by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Nursing Home Abuse Attorneys Warn Against For-Profit Homes

Not all nursing homes are the same. There are many facilities with hardworking caretakers who are dedicated to giving the best care they can to their elderly residents. But unfortunately, there are nursing homes in this country that use the system for their own benefit at the expense of the sick and elderly in their care. As nursing home abuse attorneys, we have noticed more for-profit facilities taking these shortcuts for a financial gain.

Downside to For-Profit Facilities

nursing home abuse attorneysThese facilities will overbill Medicare for expensive care they should be providing and then cut corners to pocket the profits. According to the U.S. Department of Health and Human Services, 30% of claims to Medicare from for-profit homes were found to be false, verses the 12% of false claims from not for profit homes. As both the amount of nursing home abuse cases and the number of for-profit homes grow, it is hard not to see a connection.

There is only so much federal funding available for the Medicare program. Obviously then, this limited budget is prematurely depleted when nursing homes abuse their position and cheat the system. By charging for treatment that isn’t or doesn’t need to be provided, guilty facilities are stealing from the innocent sick and elderly who may not get the care they need because of limited resources. Also, profits made by private homes go to the home’s investors rather than back to the resident care, like in nonprofit homes. When the facility’s main priority is making money rather than the well being of the elderly patients, abuse is more likely to occur.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If you or your loved one have suffered nursing home abuse, negligence, and inadequacy in a for-profit facility it’s time to contact nursing home abuse attorneys. The team at Messa & Associates is dedicated to earning justice and compensation for those injured by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Nursing Home Abuse Lawyers Warn of Medical Records Cover Up

Unfortunately, nursing home abuse is more prevalent in hospitals and long term care facilities than many people are aware. Too many families have experienced the horror and sadness of discovering abuse after it is too late. But even after the abuse has occurred and, in some of the worst cases, the patient has died, the nursing home or caretaker must be held accountable. All too often, nursing home abuse lawyers find facilties withholding medical records to cover their grave mistakes.

Nursing Home Withholds Abused Patient’s Medical Records

nursing home abuse lawyersIn Oklahoma City, a family is still grieving the death of 96 year-old Eryetha Mayberry, but now they want answers. Mayberry was treated in the Quail Creek Nursing and Rehab Center. Before she died, one of her daughters placed a hidden camera in her room at Quail Creek and caught two employees abusing the elderly woman. The video helped their nursing home abuse lawyers get a conviction.

The elderly woman was badly hurt from the abuse. “They [are] supposed to make a record of every injury,” said Doris Racker, who is also one of Mayberry’s daughters. “And there were many injuries.” Now that Mayberry has died, her daughters have requested  their mother’s medical records from the facility but are being ignored. “I’ve been told that it had to be sent to the corporate office, that was the first excuse,” said Racker. “The second excuse was the paperwork wasn’t adequate, which it was. Everything was there!” The sisters are worried that the hospital is trying to hide something. “I’m sure that a lot of stuff may be erased now, since they have had them for so long,” said Racker. Legally, the hospital is required to provide the medical records when requested by the patient or family member if the patient is deceased. The concerns of Mayberry’s family are very real and should not be dismissed.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you or your loved one have suffered nursing home abuse, negligence, and inadequacy, and are having a hard time getting answers or medical records from a hospital or facility it’s time to contact nursing home abuse lawyers. The team at Messa & Associates is dedicated to earning justice and compensation for those injured by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Nursing Home Abuse Attorneys: Blogs Help Educate

nursing home abuse lawyers, philadelphia nursing home abuse, nj nursing home negligence, elder abuse If you have spent any time at all combing the internet for news and/or advice regarding nursing home abuse, you’ve no doubt stumbled upon Jonathon Rosenfeld’s Nursing Home Abuse Blog. Through his frequent updates and pertinent analysis, Rosenfeld has established a real and dependable source for information and guidance aimed at helping victims and their families attain justice for wrongs perpetrated at nursing homes, by home health aids, or even by other family members. Nursing home abuse attorneys of Messa & Associates are proud to be among the company of Jonathon Rosenfeld in a common mission to protect the elderly from negligent care facilities.

Nursing Home Abuse Blog References Messa & Mininno

Recently, Jonathon referenced the Messa & Associates Blog in a post about fellow law firms taking into their own hands public education regarding what is and is not considered acceptable treatment in nursing homes and long term care facilities. Blog contributors John Mininno and Joseph Messa have been representing injured nursing home patients for over 10 years in hopes that their work against nursing homes and negligent caregivers would help the industry raise it’s standards and, in turn, protect our elderly community.

Abuse and negligence in nursing homes can often result in severe physical and emotional injuries and sometimes even death. Bedsores, unexplained bruises, weight loss, depression, and other unexplained symptoms could all be signs of abuse or negligence by the staff at a care facility.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If your loved one is a resident of a nursing home and you suspect that the care they are receiving is negligent and/or abusive, contact the nursing home abuse attorneys from Messa & Associates for a free consultation. Call, toll-free, at 1-877-MessaLaw, or submit a free online inquiry.

Let the Philadelphia and New Jersey nursing home abuse attorneys of Messa & Associates earn you and your loved one the compensation you need and deserve.

Medical Malpractice Attorneys Report FDA Recall of Cardiac Science AEDs

The US Food and Drug Administration has issued a class 1 recall for a number of Cardiac Science’s Automated External Defibrillators (AEDs). A class 1 recall, as described on the FDA’s website, is issued for

“dangerous or defective products that predictably could cause serious health problems or death. Examples of products that could fall into this category are a food found to contain botulinal toxin, food with undeclared allergens, a label mix-up on a life saving drug, or a defective artificial heart valve.”

The FDA’s recall comes after Cardiac Science issued their own voluntary recall of the same products. Medical malpractice attorneys urge patients who may be affected by these recalls to speak with their doctors immediately and contact an attorney. Below is the FDA’s actual announcement.

new jersey philadelphia medical malpractice lawyers, medical malpractice attorneys

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one may be affected by this or any other FDA recall, contact the personal injury and medical malpractice attorneys of Messa & Associates by calling 1-877-MessaLaw, or by submitting an online inquiry for a free case evaluation.

Personal Injury Lawyers: Medical Device Maker Agrees to Pay Penalty for Selling Unapproved Devices

new jersey personal injury lawyers, attorneys, philadelphia, medical malpracticePersonal injury lawyers at Messa & Associates, P.C. have recently come across news stating that Globus Medical Inc., a spinal implant manufacturer, will pay the U.S. Food and Drug Administration $1 million in penalties for selling its NuBone Osteoinductive Bone Graft product after the FDA rejected the device in 2009.

The FDA learned that Globus was distributing the NuBone Osteoinductive, despite being told that the medical device was not substantially equivalent (NSE) to legally-marketed products, during a September 2010 inspection. The company also ignored multiple warnings given by the FDA to stop selling the device, according to a commissioner for regulatory affairs.

The settlement requires Globus Medical to pay a $550,000 penalty fee and the company’s CEO, David Paul, to pay an additional $450,000 fine.

Personal Injury Lawyers: FDA Approval Process Required NuBone Osteoinductive Devices to Be Substantially Equivalent

The FDA currently uses two procedures to approve medical devices. Clinical trials are necessary to get approval for more critical devices. However, Globus Medical’s NuBone Osteoinductive is considered a medical device that poses a lower level of risk to patients. Therefore, Globus Medical was only required to show that the NuBone Osteoinductive was substantially equivalent to similar medical devices that are already on the market.

Personal Injury Lawyers in Philadelphia and New Jersey

The Philadelphia personal injury lawyers at Messa & Associates are experienced at handling cases involving pharmaceutical and medical device injuries. Our extremely skilled team of personal injury lawyers and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you have been injured by a defective medical device, a negligent medical provider, or have endured any other type of personal injury, contact the personal injury lawyers of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.

For immediate assistance, click the CHAT LIVE button to your right.

Personal Injury Lawyers Warn of Fatal Complications with Bath Refinisher

new jersey personal injury lawyers, phildelphia, attorneysPersonal injury lawyers recently came across an announcement made by the U.S. Centers for Disease Control and Prevention regarding a common paint stripping chemical that is often used to refinish bathtubs. The substance, called methylene chloride, is commonly used as a paint remover or degreaser in industrial and home improvement products.

The CDC’s announcement served as a warning against using any products containing the substance which Michigan State University research discovered was the cause for 13 deaths between 2000 and 2011. The 13 victims were workers who had used methylene chloride products to refinish bathtubs.

In its weekly report, the CDC commented on the 13 deaths, saying:

“Each death occurred in a residential bathroom with inadequate ventilation. Protective equipment, including a respirator, either was not used or was inadequate to protect against methylene chloride vapor.’’

The report went on to say that the chemical “has been recognized as potentially fatal to furniture strippers and factory workers but has not been reported previously as a cause of death among bathtub refinishers.”

The Centers for Disease Control and Prevention explained that using the chemical in confined spaces that lack sufficient ventilation is quite dangerous. In the same report, it urged labor safety organizations and public health agencies to “communicate the extreme hazards” of using the product under the wrong conditions. The author of the report, Michigan State’s Kenneth Rosenman, suggested to leave the product out of bathrooms entirely, citing that the vapors are heavier than air and linger after applications. Rosenman went on to explain:

“To use products containing methylene chloride safely, work areas must be well-ventilated, and when levels of methylene chloride exceed recommended exposure limits, workers must use protective equipment. In a small bathroom, it is unlikely these products can be used safely.’’

Personal Injury Lawyers in New Jersey and Philadelphia

Without proper warning, 13 workers used a product to complete a job and ended up losing their lives. Thirteen people died to refinish bathtubs. Dangerous products and chemicals, such as methylene chloride, should always come with proper warnings and clear safety instructions. It should not take research studies executed after the fact to determine that a product is dangerous.

If you or a loved one have been injured by a dangerous or defective product, contact the New Jersey personal injury attorneys of Messa & Associates, P.C. for a free legal consultation. Call 1-800-MessaLaw or submit a free online inquiry.

Nursing Home Abuse Lawyers Oppose the Use of Chemical Restraints to Care for Dementia Patients

new jersey , philadelphia, nursing home abuse lawyers, attorneysAThe use of chemical restraints is, unfortunately, nothing new. Nursing home abuse lawyers have long known that medication is often used to sedate and restrain residents. ABC News online recently published an article on the detrimental effects of a certain prescription often given to Dementia patients in nursing homes. Most of the time, these prescriptions are dispersed not only to sedate patients so they become more “manageable,” but also to help the nursing home make money from the Medicaid reimbursements they receive for ordering the medication.

Medication Causes Increased Death Risk in Dementia Patients

study of over 75,000 nursing home residents – 65 and older, who suffer from dementia – has found that those that take the anti-psychotic drug Haldol double their risk of death compared to those taking Risperdal. It seems that the risk was highest during the first 40 days of treatment. Krsita Huybrechts, epidemiologist at Brigham and Women’s Hospital in Boston, commented on the recent findings:

“The evidence provided in our study reinforces the important risks associated with the use of these drugs and underscores the need to try alternative means of dealing with behavioral problems in older patients with dementia. [The use of Haldol] cannot be justified because of the excess of harm. ”

Conversely, patients taking Seroquel appeared, according to the study, to have a decreased risk of death compared to those taking Risperdal. However, the use of any of the medications seems unneccessary, seeing as their effect on dementia symptoms is quite limited; so much so that the FDA never even approved many of these drugs for use in the treatment of dementia. Nursing homes are being reimbursed by Medicaid for the off-label distribution on anti-psychotics, or chemical restraints.

Dr. Jenny McCleery, consultant psychiatrist with the Oxford Heath NHS Foundation Trust in the U.K., believes that doctors are prescribing these antipsychotic drugs due to a lack of resources for non-drug interventions.

“Clearly, doctors find compelling reasons to prescribe antipsychotics to patients with dementia, reasons that are unlikely to be found in the evidence base alone.”

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Nursing home residents suffering from dementia are indeed a difficult population to care for. That does not, however, condone the use of drugs to sedate patients so they become easier to care for. Nursing homes should provide competent, compassionate, and attentive care to your loved ones living in long term care facilities.

If you believe that the home in charge of your loved one’s care is acting negligently or abusively, contact the nursing home abuse lawyers of Messa & Associates, P.C. Call 1-800-MessaLaw, or submit a free online inquiry. You may also click on the CHAT LIVE icon to the right to speak with a representative immediately.

Medical Malpractice Attorneys: Dentist Gets Jail Time for Paper-Clip Root Canals

A dentist in Massachusetts has been sentenced to a year in prison after it was discovered he was performing root canals with paper clips! He faced assualt and battery charges in addition to charges of witness intimidation. He also faced charges of Medicaid Fraud in the amount of $130,000. For years, despite a suspension, Dr. Michael Clair was filing claims with the government agency using the names of fellow dentists, all colleagues from his practice. Medical malpractice attorneys are astounded that a medical professional would stoop to such despicable means to make money.

The Michael Clair Special: A Pretty Penny for a Paper-Clip Procedure

new jersey medical malpractice attorneys, medical malpractice lawyers philadelphia, dental malpracticeTraditionally, root canals are performed using small steel posts. Dr. Clair’s scheme to use paper clips instead of surgically competent steel posts caused many patients unnecessary pain, suffering, and infection. Brenda Almeida’s young son underwent the procedure in 2005. His tooth turned black and had to be pulled. Almeida also claims that her other children received poor care from Dr. Clair as well.

Almeida is unsatisfied with the one year jail sentence that Dr. Clair will serve, saying, “He put my kids in pain for months…I hope he rots there.” The prosecution had hoped for at least a five year sentence. Judge Moses, the judge who passed down the sentence, explained his decision, citing Clair’s mental health issues, lack of priors, and his acceptance of full responsibility. Judge Moses did, however, satisfy the prosecution’s request to keep Clair away from his victims and colleagues. It was noted that his former staff feared for their safety.

Clair will be on five years probation upon his release from prison. After receiving his sentence and before he was escorted out of the courtroom, Clair offered his gratitude:

“Thank you, your honor, for your consideration.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical malpractice comes in many forms. Some doctors commit malpractice by making surgical mistakes. Others act negligently due to a temporary lapse of judgement. But Michael Clair purposely put his patients in danger so he could make more money. This type of malpractice is surely the most egregious kind.

If you or a loved one have suffered at the hands of a negligent surgeon, physician, or other medical provider, contact the New Jersey medical malpractice attorneys of Messa & Associates, P.C. by calling, toll-free, 1-877-MessaLaw. You may also submit a free online inquiry. You may also click on the CHAT LIVE icon on the right to speak with a representative immediately.

Medical Malpractice Attorneys Take Issue With Physician Opinions on Honesty and Disclosure

Harvard Medical School, along with a number of other Massachusetts health institutions, executed a survey among doctors and medical professionals regarding their honesty with patients. The study and it’s findings were published in the medical journal Health Affairs. Unfortunately, medical malpractice attorneys aren’t shocked by some of the survey’s results.

Medical Malpractice Attorneys Concerned with Survey Results

philadelphia and new jersey medical malpractice attorneys, new jersey lawyers, medical malpractice lawyers, philadelphia medical malpracticeThe team of med students and medical professionals aimed to discover how honest doctors believe they should be, and in turn actually are, with their patients. The survey was carried out in 2009 and involved almost 1,900 practicing doctors from the United States.

While the majority of doctors and physicians believe that patients should always be told all of the truth, there was a substantial minority of practicing doctors that do not agree that patients need always know the whole truth about their treatment. This opinion and possible basis of practice is a direct violation of The Charter on Medical Professionalism, which insists on openness and honesty. The Charter was penned in 1999 by medical entities in both the US and Europe. It is argued by some that the charter, while not outwardly proclaiming to do so, aims to replace the Hippocratic Oath as a medical guideline for professionalism and patient safety. It is backed by over 100 professional organizations world wide, including the US Accreditation Council for Graduate Medical Education.

The survey inquired as to how closely its participants followed the principles set forth in the Charter when it came to conveying information to patients. Authors of the Health Affairs article reported the following:

  • The vast majority of doctors believe they should be 100% honest with their patients regarding the pros and cons of certain medical treatments. That same majority also agrees that they should never reveal confidential patient information to unauthorized persons.
  • About one third of the doctors surveyed don’t believe it’s necessary to disclose serious medical errors to patients.
  • Almost one fifth of the doctors surveyed believe that lying to patients in certain situations is justified.
  • Forty percent of surveyed doctors believe it is unnecessary to habitually disclose information about their financial relationships with pharmaceutical or medical device companies.
  • About 1 out of every 10 doctors surveyed admitted to lying to at least one patient in the 12 months prior.

The article’s authors suggest that the survey results could mean a large gap between what patients know as true and what actually is. They wrote:

“(our findings raise concerns) about whether patient-centered care is broadly possible without more widespread physician endorsement of the core communication principles of openness and honesty with patients.”

Philadelphia and New Jersey Medical Malpractice Attorneys

Doctors take an oath to always act in the best interest of their patients; it is the most crucial part of their job. If you believe that you’ve been deceived by your physician, or that physician acted negligently in your treatment, contact the Philadelphia and New Jersey medical malpractice attorneys of Messa & Associates, P.C. Our attorneys are experienced and skilled in earning substantial compensation for injuries sustained due to medical errors. Call, toll-free, at 1-877-MessaLaw, or submit a free online inquiry for a free case evaluation.

If you would like to speak with someone immediately, simply click the link to your right that says “CHAT LIVE!” A representative will be able to help right now.