Nursing homes and long-term care facilities are legally obligated to report incidents of nursing home abuse and neglect; however, they often go unreported or covered up. We strongly encourage that if you have a loved one in a nursing home, you visit often and pay close attention to any warning signs. It is then your responsibility to report these issues for their safety to the facility, the state or a nursing home abuse lawyer.
Nursing Home’s Explanation of Injuries Doesn’t Match Hospital Findings
A 70 year old woman who was a resident of the University Place Nursing and Rehabilitation Center in Charlotte, North Carolina was rushed to the Carolinas Medical Center University on the morning of Sunday, August 29, 2011 with a broken pelvis and facial bruise. When the family asked the nursing home what caused the injuries, they told her that the elderly woman had fallen, but emergency room staff at the hospital said that the injuries were not consistent with a fall. This led the family to believe the woman had been assaulted. They alerted the Police and Department of Social Services, an entity that handles allegations of elder abuse, and both began an investigation into what really happened to the woman.
The University Place Nursing and Rehabilitation Center only ranked one out of five stars by the state and has had some minor violations in the past. It is too early in the investigation to determine whether the resident was assaulted or actually did fall.
Nursing Home Abuse Lawyers in New Jersey and Philadelphia
If you have witnessed your loved one or any nursing home resident being abused, or you fear that the care they are receiving may be considered negligent or abusive, you probably have a lot of questions and concerns. Contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Pierce’s son, David Blackmon, attempted to file a complaint in Sevier County Circuit Court but defense attorneys claimed that the action had to go through arbitration due to forms that Blackmon signed while his mother was at the nursing home. The appellate court affirmed the lower court’s ruling in favor of the woman’s son. Judge Rex Ogle, the lower court judge, found that the center failed to provide Blackmon with copies of the forms that he signed, a major mistake according to bed sore attorneys. The Judge noted “it troubles the court that anybody who requires someone to sign legal documents affecting the rights of patients would not give those people copies, executed copies. That makes no sense to me.” Lawyers say that the Judge continued by stating “the execution of the agreement, the way it was handled, it was very shoddy. And I think that quite candidly is unconscionable, that it does shock the conscience of this court by how this entire agreement was handled they should not be enforced.”
On May 17, 2007, Lawrence Dixon fell and fractured his pelvis. David Harding was the doctor assigned to Dixon. It was alleged by the plaintiffs in the lawsuit that, after conducting examinations, Dr. Harding failed to notice internal bleeding which ultimately led to the failure of multiple organs and eventually death. It is argued that there were numerous warning signs that an experienced doctor, such as Harding, should have recognized. Medical malpractice attorneys argued that the victim had not produced urine in over twenty four hours, had a rapidly increased heartbeat, a rapidly decreased blood pressure, and suffered loss of lucidity. Professionals believe that any of these signs should have been a strong warning sign to Harding that something was wrong and it was likely that the patient was losing blood.
Topamax is not like many other migraine medications and this may shed light on its popularity. As opposed to taking the medicine as soon as headache pain begins, Topamax is taken daily which helps avoid migraines all together. Topamax begins limiting the frequency of migraines after only one month. But when women begin to heavily rely on it, a problem may arise. Many studies have shown that Topamax is successful in limiting headaches, but unfortunately, women need to prioritize once they become pregnant. Although headaches can have a devastating effect on daily activities, birth defects attorneys believe that the risk to newborn babies is far worse. Topamax has been widely available in the United States since 1996, but the true dangers of potential birth defects have only recently been realized. Expectant mothers should speak with a medical professional and seek an alternative medication while pregnant to limit the potential of birth defects.
Deborah Rutledge was experiencing numbness in her groin, legs, and feet when she went in search of medical help at the Andersen Air Force Base clinic in Guam. A doctor’s assistant and a nurse met with Rutledge but failed to conduct proper medical examinations for the numbness the woman experienced. To compound the problem, the medical professionals did not report the case to their supervisors and instead misdiagnosed what Rutledge was suffering from. Lawyers say that the symptoms persisted, even after an emergency operation. Rutledge continues to suffer today from nerve damage.
Kelvin Washington, 47, who works as an administrator at a Sugar Land nursing home in Texas, was arrested on August 4, 2011 and is being charged with conspiracy, health care fraud and violations of the anti-kickback statute. He is being accused of creating a plan where he billed federal health care programs for ambulance transport and received payments totaling approximately $20,000 for referring the dialysis patients to a Houston ambulance transport service between 2003 and 2007. He allegedly conspired to have unknowing doctors sign transport prescriptions for patients who were never even admitted to the nursing home. Medicare and Medicaid were billed almost $1 million in false health care claims. The maximum penalties for a violation of the health care fraud statue in Texas is a maximum of 10 years in prison. The maximum sentence for a violation of the conspiracy statue or the anti-kickback statute is five years. Each of the 10 counts charged also carry a maximum $250,000 fine as punishment upon conviction.