Nursing Home Falls Cause Serious Injury

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If you or a loved one have fallen due to the negligence or abuse of nursing home caregiver, contact the Mininno Law Office for a free consultation.
The dropping or falling of a nursing home resident can have serious consequences on that person’s quality of life. Each year, an average nursing home reports one to two falls or drops per resident. About 1,800 older adults living in nursing homes die each year from fall-related injuries.
Residents who experience non-fatal falls can suffer serious injuries that greatly reduce their quality of life. Residents have the right to live their remaining years with dignity, and avoidable falls rob them of this dignity and often accellerate their death.

How serious are these falls?

Nursing home falls can cause serious injuries including head trauma and fractures. Many times, the nursing home resident who suffers a fracture is not a candidate for corrective surgical measures. Falls result in disability, increased functional decline and reduced quality of life. Fear of falling can cause further loss of function, depression, feelings of helplessness, and social isolation.

Why do falls occur more often in nursing homes?

Falling can be a sign of other health problems. People in nursing homes are generally more frail and unstable than older adults living in the community. The problem is that nursing homes don’t always take the appropriate measure to prevent avoidable falls. Also, nursing home employees often take shortcuts that lead to the dropping residents.

Residents are generally older, have more chronic conditions, and have difficulty walking. They also tend to have problems with thinking or memory, to have difficulty with activities of daily living, and to need help getting around or taking care of themselves. Of course, this is generally the reason the family trusted the nursing home to care for their loved one in the first place.
The nursing home has a duty to properly assess a resident’s probability for falls, and to communicate with their physician to institute appropriate measures to prevent avoidable falls and drops.

What are the most common causes of nursing home falls?

Nursing homes know muscle weakness and walking or gait problems are the most common causes of falls among nursing home residents. Environmental hazards, such wet floors, poor lighting, incorrect bed height, and improperly fitted or maintained wheelchairs are also a cause of falls among residents. Medications often increase the risk of falls and fall-related injuries.
Other causes of falls include difficulty in moving from one place to another (for example, from the bed to a chair), poor foot care, poorly fitting shoes, and improper or incorrect use of walking aids.

It is the duty of the nursing home to understand and consider these factors when developing individualized strategies to prevent the resident from falling or being dropped, in order to avoid nursing home abuse.

How can we prevent falls in nursing homes?

Fall prevention takes a combination of medical treatment, rehabilitation, and environmental changes. The most effective interventions address multiple factors. Interventions include:

1. Nursing home staff assessment of resident upon admission to evaluate the degree a resident is at risk for falling.

2. Nursing home staff assessment of resident after a fall to identify and address risk factors and treat the underlying medical conditions.

3. Educating nursing home staff and families about fall risk factors and prevention strategies.

4. Making changes in the nursing home environment to make it easier for residents to move around safely. Such changes include putting in grab bars, adding raised toilet seats, lowering bed heights, and installing handrails in the hallways.

5. Instituting toileting schedules so residents do not try to go to the bathroom without assistance.

6. Using devices such as alarms that go off when residents try to get out of bed or move without help.

Do physical restraints help prevent falls?

The biggest misconception for the public is that restraints lower the risk of falls or fall injuries. Restraints should not be used as a fall prevention strategy. Restraints can actually increase the risk of fall-related injuries and deaths. Limiting a resident’s freedom to move around leads to muscle weakness and reduces physical function.
Doctors are more likely to order the lowering of beds and the placement of soft mats around them to prevent injury from falls.

Nursing Home Abuse in NJ and PA: Mininno Law Office

The nursing home abuse attorneys at the Mininno Law Office are dedicated to fighting for those wronged by abusive and negligent treatment in the nation’s nursing homes.
If you or a loved one have been negatively affected by nursing home abuse or negligence, please contact the Mininno Law Office and get a free case evaluation. You can also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

We will fight to get you the settlement that you deserve.

What Makes a Good Medical Malpractice Case?

Doctors, nurses, surgeons, and specialists are not infallible. They make mistakes. Sometimes, those mistakes go unnoticed. Sometimes, the mistakes are substantial, but do not cause any significant damage. Sometimes, those mistakes lead to serious and even fatal consequences. The result of a mistake is what determines whether or not a medical malpractice case is present.
It is the job of a medical malpractice attorney to determine if pursuing a medical malpractice lawsuit is economically justifiable.

new jersey philadelphia medical malpractice attorneys negligence seek recoveriesA medical malpractice attorney is going to spend a lot of time and money filing a claim against a medical provider that has wronged his or her client. Sometimes, as much as $100,000 dollars in out-of-pocket expenses, and as long as 5 or 6 years.
It doesn’t make sense for an attorney to spend $75,000 dollars of their own money, only to recover $25,000.

If a doctor misses a diagnosis, but eventually does make the diagnosis and no real damage was done, there is probably not a case. Yes, that doctor failed his or her patient, but that patient came out of the situation unscathed and is very lucky to have done so.
Sometimes, doctors miss cancer diagnoses, and by the time they catch it, the cancer has spread. That could cost a patient their life. Those cases are tragic, and may leave family members and loved ones with medical bills they can’t pay, and new struggles in life absent the deceased.

If a doctor makes a surgical error that will debilitate a patient for the rest of their lives, there is a case. If a doctor makes a surgical error that causes a bit of pain for a short time, but no real damage or negative effects, yes it’s unfortunate, but probably not a case.
The money won in a medical malpractice lawsuit is recovered for damages. If there are no damages, there is no case.

Think You Have a Medical Malpractice Case?

If you or a loved one have suffered damages due to the medical malpractice of a doctor, nurse, surgeon, or specialist, contact the Mininno Law Office for a free case evaluation.
Our medical malpractice attorneys will work hard to earn you to compensation that you DESERVE!

Yo can also talk to a medical malpractice attorney just calling for a free consulation at (856) 833-0600 in New Jersey, or (215) 567-2830 in Philadelphia.
Don’t wait! A statue of limitations could nullify your claim!

Nursing Home Abuse a Growing Trend

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Reported cases of nursing home abuse are on the rise.

The Hampton Roads News recently published an article discussing the results of a study on nursing home abuse. The study asserts that elderly citizens are being abused more than ever before.
Study results are only helping the fight to improve nursing home and long term facility care.

 

Within the study are statistics that illustrate a 9 percent rise in reported cases of nursing home abuse from 2008-2009. From 2007-2009, reports rose 19 percent.
A personal account in the study involved the story of an 87 year old Alzheimers patient that died in the hospital after being brought in covered in bruises and bedsores or pressure sores, and suffering from extreme malnourishment.

Experts believe that these numbers are poised only to rise.

Never let Nursing Home Abuse go Unreported

Considering that thousands of nursing home abuse cases go unreported, perhaps a rise in these numbers would be good for the fight against inattentive and abusive care.
Reporting nursing home abuse to the state ombudsman will trigger an investigation, making it hard for nursing homes and long term care facilities to continue treating residents with such callous disregard.

Contacting a nursing home abuse attorney in the event of elder abuse is also essential. Nursing homes tend to provide inadequate care because their staff is overworked and underpaid, or perhaps not trained or properly educated. Owners of these homes cut staff numbers, sometimes below regulatory standards, to raise profits.

In the end, our elderly loved ones are suffering so someone else can get rich. Recently, juries have been awarding huge sums of money to victims of nursing home abuse. It’s clear that the crime is intolerable and offenders must be punished.

Victim of Nursing Home Abuse? Contact the Mininno Law Office

If you or a loved one have suffered due to nursing home abuse or negligence, please 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.

We will work hard to earn you the compensation you rightly deserve.

Bedsores: A growing $11 Billion Industry

new jersey philadelphia bedsores pressure sores attorneys medical negligence nursing home abuseA recently published study estimated that the annual cost of medical errors in the U.S. in 2008 was $19.5 billion dollars.
Of that 19.5 billion, 11 billion payed for the treatment of bedsores or pressure sores.

The study reported that about 1.5 million measurable medical errors happen annually, according to co-author Jonathon Shreve. It also found the 10 most common medical errors in the U.S., and found that most of the cost of medical errors can be attributed to 5 common errors:

– Pressure Ulcers
– Postoperative Infections
– Mechanical Complications of Devices, Implants, or Grafts
– Postlaminectomy Syndrome – persistance of pain and/or disability following back surgery and
– Hemorrhages complicationg a procedure

Bedsores alone are costing upwards of $11 billion dollars a year to treat. Bedsores are completely avoidable occurences, and there is no excuse for the astounding amount of patients suffering through them. They cause immense pain, and in many cases, infection.
Nursing home and hospital care must become more attentive and compassionate in order to move in the direction of correcting this serious plight.

Are you a Victim of Medical Errors or Negligence?

If you or a loved one have suffered as a result of a medical error, or perhaps negligence or abuse at a nursing home or long term care facility, you’ll need the help of nursing home abuse or medical malpractice attorney.

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.
Let us get you the compensation you deserve.

California Nursing Home Abuse Case Reaches New Settlement

New Jersey Philadelphia nursing home abuse negligence attorneys Skilled Healthcare Group SettlementOn September 1, 2010, we posted a blog about a $677 million dollar nursing home abuse verdict against Skilled Healthcare Group, Inc.
The verdict came after a number of nursing homes owned by Skilled Healthcare were shown to be understaffed, causing abusive and negligent events within the long term care facilities they operated.

Last week, attorneys agreed to a settlement of $50 million for all plaintiffs involved in the case. Though the final amount is significantly smaller than what the jury awarded, it is a good sign to plaintiffs that they will actuallty receive their money.
It is highly unlikely that Skilled Healthcare Group, Inc. would have been able to pay out the enormous original sum.

Juries are becoming more and more sensitive to cases of nursing home abuse. Verdicts in recent abuse cases throughout the country have been quite large, which says something for how people feel about the way our elderly sick are being treated.
Nursing home care seems to be taking a severe downward plunge, and unless these facilities start to pay for their mistakes, change will not come.

Nursing Home Abuse in NJ and PA: Mininno Law Office

The nursing home abuse attorneys at the Mininno Law Office are dedicated to fighting for those wronged by abusive and negligent treatment in the nation’s nursing homes.
If you or a loved one have been negatively affected by nursing home abuse or negligence, please contact the Mininno Law Office and get a free case evaluation. You can also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

We will fight to get you the settlement that you deserve.

Nursing Home Alert – Watch Out for Pressure Sores

People who lay or sit in one position for long periods are at risk of developing pressure sores, also known as bedsores or decubitus ulcers. Nursing home residents are more likely to be confined to beds or chairs for long periods of time, and therefore more susceptible to developing pressure sores.

Bedsores or pressure sores occur when pressure on the skin shuts off blood vessels, depriving skin tissue of oxygen and nutrients. Most of us associate this feeling with “pins and needles” or “my leg fell asleep.” For most of us, shifting our weight or body position quickly gets us the feeling back in the affected body part. For nursing home residents, this is not always something they can do on their own. Good or proper nursing care is needed to identify and treat these issues for many nursing home residents. Bad or inattentive care can likewise lead to the development of these dangerous pressure sores.

If proper care is not given, large, deep sores can develop, sometimes exposing the muscle or bone below the skin. Untreated pressure sores can lead to infection, severe pain and death. This is especially true because incontinent residents often develop these open pressure sores in the sacral area of the low back. When a resident cannot control their bowel function, and they have a sacral pressure ulcer, infections such as E. Coli and MRSA often develop with easy entry in to the resident’s blood stream.

Generally, pressure sores can be prevented with proper care. Federal law requires nursing homes must make sure that residents entering the facility do not develop pressure sores; and that residents who have them are given treatment to promote healing and prevent infection. To prevent pressure sores, nursing homes must keep a resident’s skin clean and dry, maintain good nutrition and keep pressure off of vulnerable parts of the body. Changing the resident’s position as often as necessary relieves pressure. Good nursing practice usually dictates “turning and repositioning” the resident at least every two hours. Pressure relieving devices, such as pads and special mattresses, can also help when used timely and properly.

A nursing home must notify the resident’s physician immediately if he or she develops a pressure sore. Lack of communication is the biggest complaint I hear from family members. The nursing home has an obligation to communicate with the resident’s family about changes in their condition, as well as with the resident’s primary care physician. Nursing homes are often slow to notify the family or the physician when a pressure sore is developing in the early stages.

Considering that pressure sores can be so dangerous, even deadly, it is unclear why nursing homes are slow to communicate their existence early in the process. The nursing home resident has a much better chance for the pressure sore to heal if the wound is identified early, and a treatment plan is established. The longer the delay, the worse the wound gets; and the harder it is to treat.

It is unfortunate that good nursing care for pressure sores in a nursing home setting often takes a back seat to a culture of overworked caregivers. These staff members know what to do, but often don’t have enough time to do it due to a chronic culture in the nursing home industry of understaffing.

If you have a loved one in a nursing home, here are some things you can do to protect them from debilitating pressure sores:

1. Inspect their bodies for wounds or blemishes.
2. Ask to see body parts that are covered with bandages.
3. Ask if your loved one needs a turning and repositioning schedule.
4. Ask the nursing home if they maintain logs documenting that the care was provided.

Immediately contact your loved one’s primary care physician if you suspect your loved one has developed a pressure sore to be sure the wound is properly indentified, and that an appropriate care plan is immediately instituted.

Nursing Home Abuse in NJ or PA: Mininno Law Office

The NJ and PA nursing home abuse attorneys at the Mininno Law Office are dedicated to eradicating the disturbing trends of abuse and neglect in our nations nursing homes and long term care facilities.
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, and (215) 567-2380 in Philadephia.

What is a Nursing Home Care Plan?

A care plan is a document specific to each nursing home resident that identifies all of their medical issues, the treatments the staff is supposed to provide to treat those issues, and a list of goals to reflect the expected improvement their medical condition.
A federal law known as OBRA requires nursing homes to provide a multi-disciplinary team of care givers who are charged with ensuring that the nursing home resident receives the care and services needed to ensure that the resident reaches and maintains “the highest practicable degree of physical, mental, and psychosocial well-being.

This team is primarily made up of physicians, nurses, physical therapists, social workers, and dieticians (and essentially any other discipline involved in the resident’s care).
To deliver on the quality of care the resident and their family were promised by the nursing home, the team must develop a comprehensive care plan which provides a framework for the staff who are treating the resident on a day-to-day basis. To be effective and comprehensive, the care planning process must include the input of all caregivers that are involved in the care of the resident.

Care planning is an essential part of properly caring for a nursing home resident. A good care plan provides a ‘road map’ of sorts, to guide all who are involved with a resident’s care. A caregiver that was just hired, or is coming back to work from a vacation, can look at the care plan developed for a resident and know exactly what needs to be done to care for that resident.
A care plan is not a stagnant or stationary document. The care plan changes just as the resident’s condition changes. The care plan needs to be reviewed and updated by the caregivers, especially when there is a change in the resident’s condition.

What is a Care Plan Conference?

Care plans should be created at a care plan conference held at the nursing home. The resident, and their family members, should be involved in the conference. The nursing home should invite the resident, and their family members to attend the conference. If they don’t, the resident, and their family members should tell the nursing home Administrator that they would like to be present at the conference.
At the care plan conference, the resident’s medical issues are identified and the treatments that the staff is supposed to execute to care for the resident are set forth. Goals for improvement are set. Whether the resident’s health improves, or declines, the care plan needs to be adjusted to reflect the best way to treat the resident at that time.

It is important for the family to attend the care plan conferences because they can discuss what they know about the resident to ensure that the resident’s medical issues are properly identified. It is also important for the family to discuss and understand treatment strategies and goals with the caregivers.
Understanding a resident’s care plan will help the family understand what should be happening at the nursing home, and to bring it to the attention of the Administrator and resident’s physician if the family feels the care plan is not being followed. Not following the care plan can often lead to nursing home abuse, debilitating falls, and pressure ulcers for the resident.

Relevant Federal Statute concerning Care Plans

$483.20(d) (A facility must…) use the results of the assessment to develop, review and revise the resident’s comprehensive plan of care.

$483.20(k) Comprehensive Care Plans

The facility must develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. The care plan must describe the following:

(i) The services that are to be furnished to attain or maintain the resident’s highest practicable physical, mental, and psychosocial well-being as required under $483.25; and

(ii) Any services that would otherwise be required under $483.25 but are not provided due to the resident’s exercise of rights under $483.10, including the right to refuse treatment under $483.10.

Nursing Home Neglect: Mininno Law Office

If you or a loved one have been the victim of nursing home neglect or abuse, contact the Mininno Law Office immediately and get a free case evaluation. You could also call us toll-free at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let us work to get you the compensation you deserve.

Nursing Home Abuse and the State Ombudsman

nursing home abuse and beglect ombudsman in new jerseyBy definition, an ombudsman is a government official who hears and investigates complaints by private citizens against other officials or government agencies.

In the state of NJ, an ombudsman works on behalf of the elderly in nursing homes and long term care facilities through the The Office of the Ombudsman for the Institutionalized Elderly.
This office accepts reports and complaints of nursing home abuse, negligence, inadequacy, theft, fraud, and other issues concerning the care residents receive in nursing homes and long term care facilities. The office invesitigates these reports of abuse and neglect from a neutral, third party stand-point, and takes the proper steps in the event that abuse is taking place.

I am a Victim of Nursing Home Abuse, What Should I Do?

If you or someone you know have been abused or neglected in a nursing home, the first thing you should do is contact the Elder Ombudsman’s Office. They will document the complaint, and take further steps to investigate it. Your next step is to contact a nursing home abuse attorney.

The NJ and PA nursing home abuse attorneys at the Mininno Law Office are dedicated to eradicating the disturbing trends of abuse and neglect in our nations nursing homes and long term care facilities.
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, and (215) 567-2380 in Philadephia.

New Jersey Office of the Ombudsman for the Institutionalized Elderly
To file a complaint:
Call 24-Hour Toll Free Hotline: 1-877-582-6995
Email: ombudsman@advocate.state.nj.us
Write: The Office of the Ombudsman
P.O. Box 852
Trenton, NJ 08625-0852
Fax: 609-943-3479

Pennsylvania Office of the State Long-Term Care Ombudsman
Pennsylvania Department of Aging
555 Walnut Street, 5th floor
Harrisburg, Pa. 17101-1919
(717) 783-8975

Tort Reform: How Does it Affect You?

You may have heard or read the term “tort reform” recently, regarding litigation and verdicts awarded to victims of nursing home abuse, medical malpractice and negligence, or defective products.
If you were unclear as to what it meant, read on.

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What is Tort Reform?

Tort reform is an effort to take away the average consumer’s rights to fair compensation for substantial losses brought on by negligent manufacturers, doctors, nurses, or caregivers. Tort reform allows big businesses and other power players to get away with negligence, fraud, or other acts of harm.
These corporations, insurance companies, and their political counterparts promote an aggressive campaign of propaganda, boasting the economic benefits of tort reform, so that companies will not have to rightly compensate the people they injure. It pushes for caps on recoveries that judges and juries can award in litigation.

Who is in Favor of Tort Reform?

Tort reform advocates are a coalition of insurance companies, HMO groups, pharmaceutical companies, big businesses, and other interests who want to protect companies from liability when they harm their own consumers.

Who is NOT in Favor of Tort Reform?

Civil rights advocates, consumer advocate groups, plaintiffs attorneys, labor groups, state prosecutors, legal scholars, and more. Some of these entities include The Public Citizen, The Committee for Justice for All, Mothers Against Drunk Drivers (MADD), The Center for Justice and Democracy, and The American Association for Justice.

Who is Harmed by Tort Reform?

Consumers are the victims of tort reform. Tort reform takes away your right to a fair case, in which an impartial judge or jury looks at the facts of your case to determine liability, if you are eligible for compensation, and what that compensation should be.
We trust juries every day to determine if people are guilty of capital crimes and other serious offenses, but tort reformists claim that we shouldn’t we be able to count on them to determine fair compensation for someone whose life has been negatively affected by the negligence of another.

Particularly in the case of medical malpractice, doctors are made to appear the victims of the tort system. However, most of the damages paid to those harmed by medical malpractice comes from the deep pockets of the insurance industry.
When tort reform measures are passed and the insurance companies are shielded from paying for the mistakes of their insured, they do not pass those savings down to doctors who are charged outrageous premiums to obtain medical malpractice insurance. Our doctors are simply being used as pawns in an effort by insurance companies to pay out less in damages, and raise premiums anyway.

NJ and PA Attorneys at the Mininno Law Office

The Attorneys at the Mininno Law Office are dedicated to protecting the rights of consumers. If you have been affected by the negligence of a manufacturer, a doctor, a nurse, or a caregiver at a nursing home, contact the Mininno Law Office for a free case evaluation.
We are here to work for you, and earn you the compensation that you DESERVE!

You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Enormous Nursing Home Abuse Verdict in California; Will the Long Term Care Industry Finally See Reform?

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Nursing home abuse and negligence are claiming the lives of the ill and elderly all over the country. Changes must be made to hault the disturbing trends of indifference towards our elderly loved ones.
A San Francisco, CA jury slammed the Skilled Healthcare Group, Inc. last month with a $677 million dollar verdict for a routine failure to keep any of its nursing homes or long term care facilities properly staffed.
Cindy Cools, in an interview with The Associated Press, told of her experiences with Eureka Healthcare and Rehabilitation, the facility, owned by Skilled Healthcare Group Inc., that “cared” for her father before his death in 2006. She would often visit her father, who suffered from Alzheimer’s, and find him in urine-soaked clothing. She also reported that it would take staff members upwards of 20 minutes to respond to a distress call. “A lot of times I walked out of there crying because of the things I saw,” she said.

The nursing home abuse lawsuit brought against the group claimed that the company failed to maintain a California State required 3.2 hours of nursing per patient, per day.
Pat Mcginnis, executive director and founder of the California Advocates for Nursing Home Reform, said in the article published by the AP that that time should have been easy to maintain, considering that the federal recommendation is 4.1 hours per patient, per day. The $677 million verdict is currently thought to be the largest of it’s kind in the country, and suprised even plaintiff’s attorneys. Of course, tort reformers are already pointing the case out as litigation abuse.

Skilled Healthcare Group, Inc. is a publicly traded company, and it’s thought by some that their care became sub-par when Wall Street Investment Firms started buying up nursing home companies and cutting their staff numbers to spike stock prices.
This is just further proof that long term care facilities being run by money hungry mongrels are not serving the purposes of caring for the ill and elderly, but rather putting luxury SUV’s into winding drive-ways, and in-ground swimming pools into oversized backyards.

Since the verdict, stock prices have fallen due to fear of the group’s seemingly imminent bankruptcy. It is likely that the verdict will be reduced during settlement negotiations, but hopefully the verdict will serve as a wake-up call to other companies running long term care facilities without regard to the care they are providing.

Mininno Law Office and Nursing Home Abuse

If you or a loved one have suffered due to inadequate, negligent, or abusive care at a nursing home or long term care facility, contact the Mininno Law Office. We are here to get you the compensation that you deserve.
We offer free case evaluations, or free consultations by phone at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.