Falls in Nursing Homes

ManorCare Sued by Injured Woman for Nursing Home Fall

November 25, 2010 | Lebowitz & Mzhen

As nursing home attorneys in Baltimore, Maryland, we have been following a recent lawsuit filed by a former resident who accused the home of nursing home negligence after she fell and broke her leg while residing at the home.

According to the lawsuit, Margaret Mock, a 77-year-old woman from Schaumburg, Illinois, was living at ManorCare nursing home for rehabilitation after undergoing hip surgery. Mock claims that on September 26, 2009, while being transported by an employee from her bed to a wheelchair, she fell and reportedly broke her leg in two different places.

Mock claims in the lawsuit that because of her already weakened state, she was unable to undergo surgery to repair her broken leg—causing her to remain in the nursing home for another five months. Mock is also suing St. Alexius Medical Center for negligence, along with ManorCare and their parent companies, as she developed a pressure sore during her stay at the hospital.

As our Maryland nursing home injury lawyers reported in a recent blog, according to the CDC, muscle weaknesses and walking problems are among the most frequent causes of nursing home falls, leading to 24% of reported falls. Medications can also increase the risk of falls, as well as environmental hazards like wet floors, poor lighting, ill-fitting wheelchairs, or incorrect bed heights, leading to a reported 16-27% of nursing home falls.

NY Nursing Home Faces Class Action Lawsuit for Negligence and Abuse

October 29, 2010 | Lebowitz & Mzhen

A class action lawsuit has been filed this week against four New York State nursing homes and the company that operates them, Legacy Health Care, for depriving patients of their legal nursing home rights.

As our Baltimore-based attorneys reported in a blog, in March of this year, New York State Attorney General Andrew Cuomo, and his Medicaid Fraud Control Unit (MFCU) engaged in an investigation into nursing home neglect and abuse using surveillance cameras in nursing homes in the state of New York, to ensure that residents were receiving proper nursing home care that was free from abuse and neglect.

After the Attorney General’s seven-week investigation, eight workers who were employed by Williamsville Suburban Nursing Home were arrested for charges regarding the quality of patient care. The investigation revealed that the nursing home staff neglected to properly transfer residents to and from the bed with a mechanical lift, increasing the chances for nursing home injury and falls. The footage also showed that the staff neglected to treat patients for wounds, check for vital signs, or administer insulin. The resident’s medical records were also reportedly falsified to cover up the home’s consistent neglect.

According to the class action lawsuit, filed on behalf of all residents who have lived at Legacy Health Care from the year 2007 until now, Legacy is being accused of endangering the welfare of nursing home residents through failure to provide residents with their legally entitled nursing home right to quality healthcare, proper staffing, and an existence that is dignified.

Nursing Home Operator To Pay $43.5M in Wrongful Death Lawsuit—And Faces Federal Fraud Charges

September 22, 2010 | Lebowitz & Mzhen

Our Washington D.C. nursing home injury attorneys have been following the recent news that the former operator of a nursing home was found responsible for the wrongful death of an elderly resident by a Georgia jury—who set the damages at $43 million.

According to the wrongful death lawsuit, Morris Ellison, a former resident at a nursing facility in Rome, was admitted to the facility in 2006, and experienced nursing home falls multiple times—in once case breaking his hip. The home reportedly failed to alert either Ellison’s doctors or his family after he experienced the injuries. When Ellison died the following April at the age of 80, Ellison’s daughter, Loretta Terhune, accused the nursing home of failing to provide her father with proper nursing home care.

The former nursing home operator, George D. Houser, 62, reportedly oversaw Forum Group, the company that operated the Moran Lake Nursing Home and Rehabilitation Center, and according to the Atlanta Journal-Constitution, is also facing federal charges for stealing $30 million from the Medicaid and Medicare program funding—payments that were to provide proper care and treatment for the nursing residents at three of Houser’s homes. Federal prosecutors are reportedly accusing Houser and his wife, who is also facing federal charges, of fraud, for using the money to purchase luxury items and real estate.

Report Shows Less Physical Restraint in Nursing Homes

August 13, 2010 | Lebowitz & Mzhen

According to a report from the Agency for Healthcare Research and Quality (AHRQ), the number of American residents living in nursing homes who are subjected to physical restraint has dropped by more than half, from 1999 to 2007. This reportedly came from part of the National Healthcare Quality & Disparities Report from 2009.

The report states that the number of physically restrained nursing home residents dropped from around 10.4% in 2000 to 5% in 2007. As our Maryland nursing home attorneys reported in a recent blog, physical restraints can be used to keep a resident or patient from moving freely, and is only allowed when medically necessary, as it can also cause patients to become weak or develop other health complications. Common restraints include belts, wrist ties or bands, vests, bedside rails, or special chairs.

The report also discovered that number of Asian and Hispanic residents living in nursing homes who were physically restrained fell from around 16% in 1999 to around 7% in 2007.

According to Karen K. Ho, MHS, research analyst for Maryland’s Center for Quality Improvement and Patient Safety at AHRQ, there is a disparity between white and Asian populations being restrained in nursing homes. Ho claimed that the report shows that Asians and Hispanics are reportedly more likely to be restrained in nursing homes, and this could be because of language and literature issues. Ho claims that the ability to communicate with a health care provider, and the ability for the health care provider to talk to the patient is hugely important. If there is a language barrier and communication problems arise, the patient will most likely not get the care that they would like, or that is recommended.

CDC Guide to Nursing Home Fall Prevention

May 28, 2010 | Lebowitz & Mzhen

In a recent blog, our Baltimore, Maryland Nursing Home Attorneys discussed a new Maryland initiative, led by the Maryland Patient Safety Center (MPSC), to reduce the number of nursing home resident falls that can result in nursing home injury and deaths throughout the country.

According to the CDC, more than 1,800 people die in nursing home falls every year. In 2003, 1.5 million people over the age of 65 reportedly lived in nursing homes. The CDC projects that if this rate continues to rise, by 2030, there will be around 3 million nursing home residents—so understanding and evaluating nursing home falls and ways of preventing them is necessary for the health and safety of nursing home residents, to prevent nursing home injury and wrongful death.

Nursing home falls can be linked to the result of many health problems, including older residents who are weak, have difficulty caring for themselves or have difficulty walking, have chronic health conditions, or residents who have memory problems like Alzheimer’s or dementia.

Among the most common causes of nursing home falls are muscle weaknesses and walking problems, leading to 24% of falls. Environmental hazards like wet floors, poorly fitted wheelchairs, bad lighting, or improper bed heights, have also lead to a reported 16-27% of nursing home falls. Medications can also increase the risk of falls, especially if a patient is taking drugs that affect the nervous system, like sedatives or anti-anxiety drugs. Physical restraints, the controversial method used to try and keep residents from falling, can actually increase the risk of fall-related injuries and wrongful deaths.

Nursing home falls can also be caused by poorly trained staff, understaffing, or by using incorrect or outdated equipment to transfer or transport nursing home residents properly.

Program Aims to Reduce Falls in Maryland Nursing Homes

May 24, 2010 | Lebowitz & Mzhen

In recent Maryland nursing home injury news, more than 24 hospitals in the state of Maryland are taking part of the Maryland Patient Safety Center’s (MPSC) SAFE from FALLS initiative, a program providing state facilities with a “road map” to prevent patient and resident falls—to reduce personal injury and harm.

The Maryland program, based on an original program in Minnesota, was created through the Maryland legislature, with the Delmarva Foundation and the Maryland Hospital Association chosen as operators, to work to decrease nursing home and healthcare falls overall, and decrease the severity of resident falls, especially falls with personal injury.

The SAFE from FALLS “road map” was developed by studying acute care, home health care, and nursing home care—the three environments that the project is aiming to help. The program was then tested in these healthcare settings during 2008 and 2009. Today there are reportedly 50-60 nursing homes using the program’s road map, with 30 hospitals and 12 home health agencies as well.

According to the Centers for Disease Control and Prevention, every year, an average 100-bed nursing home reports around 100-200 nursing home falls. Nearly 1,800 people living in nursing homes reportedly die in this country every year from injuries related to nursing home falls. Those nursing home residents with falls that are non-fatal can suffer serious nursing home injuries.

Jury Demands Nursing Home Pays $28 Million in Punitive Damages for Elder Abuse Case

May 14, 2010 | Lebowitz & Mzhen

In a recent nursing home injury blog, our Washington D.C.-based attorneys reported on a current case in Northern California, where a nursing home is being accused of recklessly poor resident care and nursing home negligence, leading to the wrongful death of Frances Tanner, a Stockton native.

On Wednesday of this week, Colonial Healthcare was found guilty of elder abuse, and Tanner’s daughter, Elizabeth Pao was awarded $1.1 million in monetary damages for Tanner’s suffering and pain, after enduring a nursing home fall in 2005 that broke her hip and led to a bedsore that became so infected it reportedly took her life.

Colonial Healthcare, over the course of the two week trial, has been accused of poor care, chronic and extreme understaffing, nursing home corporate greed, and failing to care for Tanner in every way—by allowing her to fall and break her hip, neglecting to record her level of treatment and care, and neglecting to prevent the bed sores that after becoming so infected, lead to her death.

According to the Sacramento Bee, yesterday, in the second phase of the case, the jury panel awarded $28 million in punitive damages for Frances Tanner’s abuse and wrongful death, in an effort to send a message to Horizon West Healthcare and its company leaders to stop the chronic understaffing and substandard care that has lead to nursing home negligence and resident death. The jury reportedly decided on the punitive damages after hearing evidence in court about the finances of the corporation—the corporation is reportedly worth around $200 million. This is said to be the largest elder-abuse award in Sacramento County history.

Jury Delivers Elder Abuse Verdict—Nursing Home to Pay $1.1 Million for Wrongful Death

May 12, 2010 | Lebowitz & Mzhen

As Washington D.C. Nursing Home Abuse and Neglect Attorneys, we have been following a recent case of elder abuse, where a Sacramento County Superior Court jury found a nursing home guilty for the 2005 wrongful death of a Northern California resident.

Frances Tanner, a former administrative worker who had been employed by various agencies including the FBI and the IRS, reportedly moved into Colonial Healthcare, a nursing home in Auburn, California, in March of 2005 at the age of 79. Although she was suffering from mild dementia, Tanner was reportedly mobile, strong, talkative and in great spirits.

In September of 2005, Tanner suffered a nursing home fall and broke her hip. According to the lawsuit testimony, Tanner was not properly diagnosed with a hip fracture for another eight days, during which time a bed sore was discovered. After the surgery, the bed sore progressed rapidly, and Tanner reportedly died a few weeks later from a massive infection of the pressure sore that caused her great pain and suffering.

During the course of past two weeks, the home has been accused of poor care, chronic and extreme understaffing, and nursing home corporation greed. Colonial was accused of recklessly failing to care for Tanner in every way—by allowing her to endure a broken hip, failing to keep accurate notes on her treatment and care, and neglecting to prevent or care for the bed sore that allegedly killed her.

Today, the jury awarded Elizabeth Pao, Tanner’s daughter, $1.1 million in monetary damages for Tanner’s suffering and pain, and for the loss of companionship. The punitive damages will be announced on Thursday.

Nursing Home Falls and Injury in Veterans State Homes

April 23, 2010 | Lebowitz & Mzhen

In a recent blog, our Washington D.C.-based Nursing Home Neglect Attorneys discussed the prevalence of violent elder abuse incidents including nursing home falls occurring in seven veterans homes in the state of Texas, as reported by the Dallas Morning News.

According to the state’s Department of Aging and Disability Services, inspections in the Amarillo veterans home uncovered a series of nursing home neglect incidents and resident falls. In one case an elderly patient with Alzheimer’s was allegedly found on the floor, after the neck of her nightgown got stuck in the bedrails, causing redness around her neck. After an investigation, it was discovered that this patient had been previously assessed and that staff members were supposed to assist the woman get in and out of bed, to prevent nursing home falls and personal injury. The assessment did not order restraints, which are controversial, but sometimes used to prevent falls, a topic that our lawyers discussed a few weeks ago in a blog.

In another nursing home fall incident at the Big Spring home, one of the seven veterans nursing homes has been cited for several violations since 2004, a man who was known to be at risk of falling out of bed was reportedly not carefully monitored and fell twice in the bathroom, experiencing personal injury both times. Another man experienced a fall after his bed rolled—as there was no system established for ensuring that the beds were locked into place. Another resident who needed supervision from nursing home falls and wandering was found on the floor at least four times in a period of less than two months.

In another wandering case in Big Spring Home, where felony charges were filed against two employees last month for nursing home abuse, a resident was found eighty feet from the nursing home building after being left unattended in his wheelchair. He was allegedly found lying on the cement with a swollen face and spent two days in the hospital.

Physical Restraints in Maryland Nursing Homes

April 15, 2010 | Lebowitz & Mzhen

In yesterday’s blog post, our lawyers from Lebowitz and Mzhen Personal Injury Lawyers, discussed the resent release of the annual state-by-state check-up of healthcare ratings, in the National Healthcare Quality Report from 2009, which includes Maryland’s ratings on nursing home care, and the use of physical restraint.

Nursing home restraint is a physical or pharmacologic restraint used to keep a resident or patient from moving freely, and is only allowed when medically necessary, as it can also cause patients to become weak or develop other health complications like pressure sores, isolation, loss of walking ability, incontinence, or injury from trying to escape the restraints, leading to possible injury or wrongful death.

Restraints have been used in nursing homes when impaired residents with mental conditions are prone to nursing home falls, wandering, or the potential for personal injury—but are controversial as they have been also been used for the purposes of discipline, or for the convenience of the nursing home—leading to nursing home abuse and neglect.

The Center for Medicare and Medicaid Services (CMS) reports that the use of physical and chemical restraints has reduced substantially after the implementation the CMS restraint regulation in 1990, showing that physical restraints had serious negative effects including the risk of wrongful death, and nursing home abuse and neglect.