Tag: nursing home lawyer

Simple and Cheap Ways to Prevent Bedsores in Nursing Homes

As a New Jersey nursing home abuse lawyer, we bedsore prevention and how some nursing homes are now using a “team” approach to actively fight this problem. My absolute favorite quote from the another Nursing home abuse advocate is “preventing bedsores is a 24/7/365 kind of job.” Duh! Of course it is! The question is why most nursing homes don”t see things from that perspective?

A lawyer who represents cliens with bed sores, pressure ulcers and sees other kinds of nursing home abuse, we are happy when we see some nursing homes and long term care facilities finding “creative, low-tech solutions” being implemented by nursing homes to fight bedsores. Some homes that have developed a simple team approach to keep residents constantly moving to avoid pressure sores:

  1. Laundry workers now make sure resident”s clothes fit properly and are not restricting the skin;
  2. The Kitchen staff has added protein powder in their cookie mix to boost nutrition. They have also changed their food service to buffet rather than sit down dining to encourage residents to keep moving; and
  3. The beauty shop now repositions clients as they are getting their hair done to prevent sitting in one position for too long.

These changes are so simple, yet extremely effective. And they don”t require any extra technology or funding for nursing homes and is a great example of how to use technology to the resident”s advantage. As a New Jersey Nursing home abuse lawyer, we also encourage nursing home to purchase mattresses made with high-density foam to reduce pressure on key areas. They also use special moisture blocking creams on incontinent patients to help reduce prolonged urine contact with the skin.

Again, these are simple, yet effective ways to reduce bedsores in nursing home residents. All they require is a little bit of effort and a little bit of creativity. And while these suggestions may not completely reduce incidents of bedsores, I think families would feel much better knowing that the facility is truly taking an aggressive approach in caring for their loved one.

For further information on bedsores and nursing home abuse, click on the following links:

New Jersey Nursing Home Abuse Lawyers

Nursing Homes in Danger of Disappearing

According to a report from Connecticut, many nursing homes and their staff and services are in serious danger of being cut and even closed completely due to Medicare rate adjustments and other cuts as part of the health care reform. The president of the American Health Care Association even sees many nursing homes closing because of these cost cuts. The U.S. Census Bureau shows that 1.85 million people are now being taken care of in the nation’s 16,000 nursing homes and this is up from 1.79 million in 2007. This is clearly not the time to be cutting nursing home funding and closing nursing homes. Despite these figures though, many nursing homes, including twenty-four in Connecticut are being cut and closed due to rising costs and the challenge to keep big nursing homes running. Many people that are getting older, are disabled, and need the nursing home care are now turned away because of heavy debts and other problems. Many businesses are struggling due to the recession, but it may not be the best idea to include these types of cuts in health care reform especially since more people than ever need the care.  We need to still remember people first and money second. If we do not help this long term care crisis, there will more injuries, problems, and improper health care not only now but every day all over the U.S. long into the future.  

For more information on this nursing home crisis, you may visit this page.

If you feel that your loved ones have been the victim of nursing home abuse or neglect, please contact a medical malpractice attorney right away. They will help you advocate for the rights and care of your loved ones and help you get them what they need.

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.

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

Willow Crest Manor Shut Down by Department of Public Works

Residents of Philadelphia and Willow Grove were appalled to find out that their local nursing homes, Willow Crest Manor, was being shut down by the Department of Public Works.  The DPW was quick to pull the plug on the home after investigations in to two suspicious deaths uncovered gross negligence and massive rule violations. 

The list of egregious violations included the administration of recalled drugs after the date of the recall, the distribution of medicine to its customers by unlicensed and under trained employees, and the use of prescription drugs without a doctor’s orders.  The DPW found that medicines given to residents weren’t being recorded, often resulting in patients receiving over or under doses of their life saving medication.  One resident said that after he told the staff he needed insulin, they did not provide it to him, forcing him to inject it himself while unsupervised.

The deaths of a 49-year old woman and a 24-year-old man with cerebral palsy found dead in his bed have resulted from similar violations.  It was obvious that residents at Willow Crest were in immediate and serious danger. The DPW ordered that all 51 residents, about half of who are elderly and most of whom suffer from mental illness, be evacuated and relocated at once.

Willow Crest Manor was among many major homes in the Philadelphia metropolitan area under scrutiny by the DPW.  There seems to be a common link between them all however: Owner Annand P Mittal.  The DPW has been finding serious state violations at his other agencies—including Southampton Manor in Bucks County, and Diston Manor and Adelphia in Philadelphia—that have caused them to ban his operating licenses.

Evidence from around the state and the rest of the country has highlighted that this is not an isolated problem.  Many privately owned for-profit nursing homes have been subject to criticism due to excessive negligence and rule violations.  Thankfully the Department of Public Works has done the right thing, however they certainly wont be able to remedy the damages already dealt by Willow Crest and other facilities like it.   If you know someone who has been a victim of the Willow Crest Manor or any other Pennsylvania or New Jersey nursing homes, please contact the Law Firm of John Mininno. There are legal remedies to help your family.

Related Information:

New Jersey Home Abuse Lawyers

New Jersey Bedsores Attorneys

What To Look For In A Nursing Home

The thought of placing a family member in a nursing home can be overwhelming.  With reports of abuse and neglect constantly surfacing all over the country, selecting a nursing home is often the last resort for many families.  Unfortunately, the time does come when even the most devoted families are unable to provide the necessary medical care that their loved one needs.

When faced with such a tough decision , it is essential that family members educate themselves on how to distinguish a good nursing home from the bad.  Carole Herman from the Foundation Aiding The Elderly (FATE) has compiled the following tips as a free resource to guide families in selecting a nursing home.  Her website offers a wealth of free information for those dedicated to protecting the elderly.

When looking for a nursing home, Carole suggests the following:

The following are some tips on what to look for in a nursing home to help prevent bad care and abuse of your loved one.

Do not be intimidated by threats from the facility such as kicking the patient out of the facility because of complaints or the facility’s refusal to cooperate with requests for information.

Get a durable power of attorney for medical care so that you can make health care decisions and review medical records.

Request a complete facility profile from the State Health Department, Licensing and Certification Department for the facility you intend to use. Note the number of complaints, the fines assessed and whether the fines have been paid.

Notice how many people in the facility seem to be in stupors or in bed or unable to walk or talk. If many patients fall into this category, be wary of overmedication at the facility, especially with the psychotropic drugs Haldol, Thorazine, Mellaril and Prolixin.

Visit at different times during the day, including meal times. Take notice of the types of food and nutritional balance. Dehydration is a problem, so make sure water is available at all times and that it is easily accessible to the patient.

Be sure the patient is actually seen by the doctor and talk with the doctor personally. If the doctor is difficult to contact, bring in another doctor to examine the patient.

Make sure all recommended care is given, such as physical therapy. Stop by when such activities are scheduled.

Take seriously any complaints the patient has about mistreatment by the staff, such as “they pull my hair”, “they are mean to me”. Don’t accept the facilities statement that the patient is old and doesn’t know what’s going on.

Check the patient’s body for bedsores or pressure sores, particularly the tailbone, feet and hips. Stage 4, the most serious stage of bedsores, causes death in many cases.

Take an interest in other patients. Talk with their relatives about problems and the care being given.

Report any signs of bad care to the state licensing office in your state that licenses and regulates nursing homes. Be sure to follow up on the complaint to insure accountability.

As you can see, the common denominator among her suggestions is involvement.  I can not stress enough how simple involvement will help you discern nursing home abuse before the situation gets out of hand.

Alternatively, if you have read the above suggestions and now believe that your loved one has been the victim of nursing home abuse, it is not too late to act.  Ask questions, demand answers and immediately get involved in their treatment.  If this does not solve the problem, move your relative to a different facility and contact an attorney immediately to discuss the situation. You can find more information on filing a nursing home abuse lawsuit in New Jersey or Pennsylvania here or call (856) 833-0600 in NJ or (215) 567-2380 in PA.