Falls in Nursing Homes

NY Nursing Home Hidden Cameras Capture Neglect—22 Health Care Workers Arrested

April 1, 2010 | Lebowitz & Mzhen

In recent news that Maryland Nursing Home Abuse and Neglect Attorneys have been following, Attorney General for the State of New York Andrew Cuomo announced this week that twenty-two health care employees, both former and current, have been arrested after hidden camera footage in two separate nursing homes revealed alleged abuse and neglect as well as other behavior that harmed the health and safety of residents.

Cuomo claimed that his Medicaid Fraud Control Unit (MFCU) is using hidden surveillance cameras in nursing homes all over the state of New York, with the consent of family members, to make sure that residents are receiving the nursing home care that they lawfully deserve. Cuomo and his team are reportedly setting a precedent in this country, for using surveillance cameras to investigate the possible nursing home abuse and neglect of patients in nursing homes. The MFCU has, to date, convicted 30 nursing home workers based on the results of the hidden cameras.

The first case announced this week involved the arrest of 14 health care workers at Northwoods Rehabilitation and Extended Care Facility, after six weeks of footage revealed that the workers failed to consistently turn residents who were immobile, neglected to check or care for bedsores, routinely failed to give patients necessary medications, or check residents for incontinence and change residents’ undergarments in a timely manner. The medical records were also allegedly falsified to reflect a level of care that was not being administered.

The second case involving incidents at Williamsville Suburban Nursing Home, lead to the arrest of 8 workers. The investigation took place over a seven-week period of time, and revealed that staff failed to use a mechanical lift assisted by two other caregivers to properly transfer residents to and from the bed—causing a great potential for nursing home falls and injury. The footage also showed that patients weren’t given insulin, weren’t treated for wounds on the skin, and weren’t checked for vital signs, or given range of motion exercises. The resident’s medical records were also falsified to conceal neglect.

F.D.A. Bed Rail Safety Guidelines for Maryland Nursing Homes

March 24, 2010 | Lebowitz & Mzhen

In a recent blog, our Maryland Accident Attorneys discussed the topic of whether bed rails in Maryland nursing homes are a potential health hazard, or whether they protect the health and safety of residents.

According to the Food and Drug Administration (F.D.A.), nearly 2.5 million nursing home and hospital beds are currently used in this country. In an F.D.A. study, from 1985 to 2008, there have reportedly been 772 incidents where hospital and nursing home patients have been trapped, stuck, or strangled in beds that had rails. Out of this number, 176 were saved by the staff before experiencing injury, 136 experienced personal injuries that were nonfatal, and 460 patients died.

Bedrails are designed to aid in helping patients pull themselves up, turn into a different positions in the bed, provide a feeling of security, and keep patients who are frail, or who have been diagnosed with dementia or Alzheimer’s safe from harm, such as falling, or rolling out of bed.

Unfortunately these very patients often get trapped or stuck in the space between the mattress and the bedrails, causing personal injury, strangulation, suffocating, and wrongful death, which can result in a Maryland personal injury lawsuit. Bedrail injuries can often result in nursing home falls, when a patient attempts to climb over the rails, bruising or scrapes to the skin, as well as a feeling of restriction, and agitated behavior from being restrained.

Wrongful Death and Nursing Home Negligence Lawsuit—Family Sues for Damages

February 25, 2010 | Lebowitz & Mzhen

As Maryland Nursing Home Negligence Attorneys we recently discussed the blog topic of health and safety in nursing homes and the importance of supervising residents who suffer from dementia or Alzheimer’s disease, to prevent the common problem of resident wandering and nursing home falls that can lead to wrongful deaths.

In related nursing home negligence news, an Illinois family is suing Maryville Manor’s nursing home for negligence and the wrongful death of Jewel Lane, a resident of the home. In the suit they allege that the nursing home allowed Lane to escape—an act that reportedly lead to his death.

According to the suit, Lane was admitted to the nursing home on March 24, and suffered a nursing home fall days later on April 1. The suit alleges that one week later, Lane was allowed to leave the nursing home premises, and died shortly after from pulmonary arrest, hypothermia, and exposure to the outside elements. The home is being accused of negligence for failing to supervise Lane properly, failure to properly secure the exits and windows to prevent wandering residents, failure to protect Lane from harming himself, and failing to house Lane in a room that would prevent him from leaving the premises unnoticed.

The Lanes seek a judgment of more than $200,000 as well as fees and costs for the attorneys, and funeral and medical costs. Lane’s wife and daughter claim that because of his death, they have lost his financial support, companionship, and affection.

Man Sues Nursing Home for Negligence After Losing Finger to Gangrene

February 22, 2010 | Lebowitz & Mzhen

In recent news that our Washington D.C. Nursing Home Negligence Attorneys have been following, a nursing home resident filed a negligence lawsuit after the home allegedly failed to keep him safe from nursing home falls, and diagnose, treat and care for his injuries after a fall—which lead to infection, gangrene, and ultimately the amputation of his finger.

According to the suit, Juan Riostirado, a resident of Glenbridge Nursing and Rehabilitation Center in Illinois, fell in his room and injured his hand on December 7, 2008. Although Riostirado was reported to have a high risk for such falls, there were no notes recording the fall or the personal injury in his paperwork until December 19, 2008.

The suit alleges that the only record of the injury was on December 19th, 2008, when a nurse wrote that Riostirado’s right ring finger was swollen, and that the finger should be monitored for five days. There were no more notes entered between December 19th and December 16th, 2008.

NY Nursing Home Looks to Israel Technology to Stop Resident Wandering and Falls

February 19, 2010 | Lebowitz & Mzhen

Our Maryland Nursing Home Attorneys have been following the recent story about a New York nursing home that is hoping to use new Israeli devices that can reportedly track wandering nursing home patients to maintain resident health and safety, and prevent nursing home falls or injury.

According to the article, the Hebrew Home, a prominent nursing home in New York, has been awarded a special legislation by New York State to try a new healthcare project, as part of the Managed Long-Term Care of the state.

The goal of the Hebrew Home’s CEO, Dan Reingold is to work with cutting edge technology companies and government officials in Israel to utilize innovative technologies, to find ways to maintain the health and safety of the residents, provide quality care, reduce nursing home falls with frail patients or patients experiencing dementia, and at the same time, cut nursing home costs. Reingold claims that the medical technology in Israel is far more advanced than technologies in the United States.

Some of the new technologies that are being developed focus on monitoring patients with devices that can keep track of how much time a person spends in bed, as well as monitoring patients who have a tendency to wander, and are at risk for falls or nursing home injury.

Family Sues for Nursing Home Falls and Wrongful Death

January 28, 2010 | Lebowitz & Mzhen

As Maryland Nursing Home Abuse and Neglect Attorneys, we have been following a lawsuit in which a 65-year old paralyzed patient in a nursing home was allegedly dropped to the floor twice. Her family claims that the second nursing home fall resulted in her wrongful death.

According to the lawsuit, Adriana Neagoe fainted in front of her church and was diagnosed with a brain tumor. After surgery to treat the tumor left her body paralyzed with the ability to only move one arm, her family decided on Midway Nursing Home in Queens, New York for her care.

In the spring of 2008, Neagoe’s family was told that she had fallen from her bed, a bed that is protected by guardrails. Her family claims in the suit that she couldn’t have fallen, as she was paralyzed. The resident needed constant care—to be lifted up for bathing, and so the sheets could be changed.

Neagoe reportedly told her family that they dropped her on her head, from five feet up in the air. After she experienced the second nursing home fall, she was rushed to the hospital, where she died six days later from severe head injuries. Her family claims her death was caused from complications of these falls, due to nursing home negligence.

Unnecessary Drugging in Nursing Homes Threatens Lives of Residents

October 28, 2009 | Lebowitz & Mzhen

As Maryland Nursing Home Injury Attorneys, we have been following the Chicago Tribune article published yesterday about an epidemic of unnecessary and dangerous drugging going on in nursing homes—causing nursing home injury and threatening the lives of elderly residents.

The report details that many vulnerable elderly residents in nursing homes are being given strong psychotropic drugs that they neither need or want—leaving them with dangerous side effects like tremors, severe lethargy, and a high possibility for falls or wrongful death.

This review of more than 40,000 federal and state inspection reports found that a wide variety of nursing homes ranging from high end facilities to run down centers, are in violation for improperly treating patients with psychotropic drugs. The violations included chemical restraint, unnecessary drug administering, dosages exceeding safety standards, and cases where dosages led to nursing home resident falls.

Since 2001, the Tribune identified 1,200 nursing home violations that involved psychotropic medications. These infractions reportedly affected 2,900 residents, although the actual statistics are likely to be far higher, as regulation inspections are only enforced once every 15 months.

Congress passed landmark laws protecting patients from unnecessary drugs in 1987—and since then, it is unlawful for facilities to give psychotropic drugs to patients without a doctor’s orders, patient’s consent and treatment justification.

Repeat Offender—Nursing Home Charged With Third Wrongful Death Lawsuit This Year

October 16, 2009 | Lebowitz & Mzhen

Our Maryland Nursing Home Injury Lawyers have been following a recent case in which Ruxton Health, a local nursing facility in Virginia, has been charged with another wrongful death lawsuit—the third nursing home injury lawsuit from this year.

Bob Wiggins filed the civil lawsuit last week on behalf of his mother, Lorina Wiggins, who had been under Ruxton Heath’s care for a year when she was brought to the emergency room in March 2008 with deeply infected bedsores. Wiggins, who was 84 at the time, died a week later from complications of these wounds.

This nursing home injury lawsuit claims that one of the seven bedsores that Wiggins developed over the year that she was cared for at Ruxton Health, had become so deeply infected that in the course of three months it exposed her ankle bone.

Bob Wiggins claims in the suit that he was never informed about his mother’s infected bedsores that advanced to a deadly degree during final few months of her life. When he was unable to visit the facility in person, he claims that when we could call to check on her, he was incorrectly reassured by the Ruxton staff that she was doing “fine” and had “no problems”.

When Lorina Wiggins entered the nursing home, she was at high risk for skin breakdown, and according to the suit needed specific nursing home care to prevent any sores or lesions from developing, which included being physically moved every few hours.

The lawsuit is seeking $35 million from Ruxton Health and former nursing home administrator Sue Myatt.

The Wiggins case is the third nursing home wrongful death lawsuit brought against Ruxton Health this year. The first wrongful death lawsuit was filed on behalf of Lillian Funn—who died from skin ulcers and multiple nursing home bedsores in 2008.