Nursing Home Abuse

Estate of Sexually Assaulted Resident Sues for Negligence and Abuse

November 26, 2010 | Lebowitz & Mzhen

As Baltimore, Maryland nursing home injury attorneys, we have been following the news of a recent tragedy, where the estate of nursing home resident Mary Speigl, who was living in the Franciscan Villa nursing home, is suing the home for nursing home negligence and abuse, after Speigl was reportedly raped by a male resident last year, and died less than one month later.

According to the lawsuit, Mary Speigl, a 90-year-old nursing home resident in South Milwaukee, was sexually assaulted by a male resident who was well known for being sexually aggressive in the home, and reportedly allowed to wander the nursing home halls unsupervised. The lawsuit alleges the nursing home neglected to monitor the resident, and as a result, the resident allegedly wandered into the elderly woman’s room and sexually assaulted her. Speigl’s estate is suing the nursing home for punitive damages, among other fees.

Nursing home negligence and abuse is a serious problem in nursing homes today, often resulting in patient injury or wrongful death. Our attorneys at Lebowitz and Mzhen Personal Injury Lawyers believe that elderly nursing home patients should be given their lawful right to special care, attention and supervision that provides a safe, secure, and protected environment, where they are kept safe from unstable or aggressive residents.

If a nursing home resident becomes injured or dies because the home failed to protect the resident’s health and safety, the nursing home could be held liable for wrongful death or Maryland nursing home negligence. In Baltimore, Maryland, contact our attorneys today.

Family Brings New Charges in ‘Kung Fu judge’ John Phillips’ Nursing Home Neglect Lawsuit

November 15, 2010 | Lebowitz & Mzhen

In a blog from earlier this year, our Baltimore nursing home injury attorneys reported on a $10 million nursing home negligence lawsuit filed by the family of a well known Brooklyn judge John Phillips, otherwise known as the “Kung Fu Judge,” for famously making martial arts moves over this 17-year career as a Civil Court Judge in Brooklyn. Prospect Park Residence was accused of treating Phillips with substandard care, neglecting to give Phillips meals that adhered to his diabetic restrictions, and often missing his necessary insulin shots, that allegedly led to his wrongful death.

The Park Slope nursing home has now reportedly been hit with new charges by the family of the Kung Fu Judge, alleging that the nursing home held the frail judge prisoner while he was in their care, by blocking his rights to visitors and receiving mail, and failing to provide proper healthcare to the judge.

According to John O’Hara, a longtime friend of Phillips, and the Phillips’ family attorney, the judge was held against his will by the home for eight months, where he was denied proper medical care and treatment for his diabetes. Judge Phillips reportedly entered the home in good physical shape in 2008, but his health quickly deteriorated, as he was unable to leave, have any guests, or receive mail or phone calls. O’Hara stated that the home originally looked like a nice place for Phillips to reside in, but turned out to be a “death house,” that allegedly led Phillips to his wrongful death at the age of 83.

Civil Jury Finds Nursing Home Negligent for Resident’s Bedsores

November 1, 2010 | Lebowitz & Mzhen

In recent news that our nursing home abuse attorneys in Baltimore, Maryland have been following, a civil jury has found a nursing home in San Antonio, Texas, negligent, for the death of a resident who developed huge bedsores that became severely infected under the home’s care.

According to My San Antonio news, Mary Koenig filed the lawsuit on behalf of her father, Emilio Gonzalez, who was a resident of Retama Manor Nursing Center from 2001 until 2007, when he died at the age of 76. Gonzalez was reportedly taken to the hospital in August of 2007, after two bedsores became infected, rotting down to the bone. His stay was then extended at a hospital that specialized in wound treatment before his death.

In the trial, Koening’s attorneys alleged that the nursing home was understaffed intentionally to make profits, which would often leave nurses with over 60 nursing home residents to oversee and care for at a time.

Retama Manor Nursing Center was ordered by jurors to pay the estate of Emilio Gonzalez $250,000 for his suffering and physical pan, $150,000 for mental anguish and pain and over $190,000 in medical bills. The nursing home neglect verdict is expected to be reduced, however, due to Texas tort reform caps put into place in 2003.

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.

Man Pleads Guilty to Nursing Home Rape of Elderly California Resident

October 22, 2010 | Lebowitz & Mzhen

As Maryland nursing home abuse attorneys, we recently read about the developments in a nearly decade-old case involving the abuse and rape of a 94-year-old female resident at a Palo Alto, California nursing home in 2002.

According to the Mercury News, 43-year-old Roberto Recendes recently pleaded guilty to one count of elder abuse, one count of sexual penetration by force, and also pleased guilty to an enhancement of inflicting bodily injury. Recendes is expected to be sentenced to 17 years in prison in December.

This 2002 California nursing home abuse case reportedly received national attention, when high school student Jorge Hernandez was arrested by the police in Palo Alto, and made to confess to the crimes. Hernandez was later cleared, due to DNA evidence.

In 2004, when Recendes was convicted of domestic violence charges, his DNA sample was taken. It was then later matched to the DNA found at the nursing home rape crime scene.

At the preliminary hearing for Recendes, an old girlfriend identified jewelry belonging to Recendes that was discovered at the crime scene of the rape, and a crime laboratory expert stated that two hairs found on the nursing home abuse victim’s blankets matched with Recendes’ DNA.

Legislature Aims to Eliminate Arbitration Clauses in Nursing Homes to Protect Seniors

October 18, 2010 | Lebowitz & Mzhen

As our Baltimore nursing home attorneys reported in a recent blog, fighting forced arbitration in nursing homes has long been a problem, as many residents and families unknowingly sign away their right to seek justice when filling out complicated contracts for long-term resident care.

According to a recent report by the American Association for Justice (AAJ), systemic nursing home abuse and neglect is not revealed in many homes due to nursing home arbitration clauses found in the fine print of admission contracts—that residents and their families rarely see, not realizing that they are signing away their rights to access court.

The Fairness in Nursing Home Arbitration Act of 2009 was introduced last year by Representative Linda Sanchez of California, and would eliminate forced arbitration clauses in nursing home and long-term care contracts. The act would reportedly provide that a pre-dispute arbitration agreement between a long-term care facility or nursing home and a resident or family member acting on the resident’s behalf, would not be valid or specifically enforceable.

Abuse of Elders in Nursing Homes Revealed by Civil Justice System

October 13, 2010 | Lebowitz & Mzhen

In a new study released recently by the American Association for Justice (AAJ), the civil justice system was found to be the most effective method for revealing nursing home abuse by corporate-run homes, as well as uncovering insurance companies who take advantage and even target elderly residents.

Our Baltimore, Maryland nursing home abuse attorneys have been following the report, entitled, “Standing up For Seniors: How the Civil Justice System Protects Elderly Americans.” The study claims that there are 1.5 million seniors living in nursing facilities, many of which are run by large corporation chains as investments, focusing on profit and not care. The AAJ report also reveals that many nursing home residents have experienced severe nursing home abuse and neglect, leading to wrongful death from infections or dehydration, caused by improper resident care. The report on seniors reportedly reveals how litigation has helped residents and families ensure that corporations are held accountable for this neglect and abuse, and reveal the systemic problem in homes today.

The AAJ’s report also finds insurance companies accountable for taking advantage of elderly residents and senior citizens. In one case, a former farmer from South Dakota, reportedly enlisted long-term health care insurance in the 1990’s. After moving into a nursing facility, his benefits were reportedly severely reduced, even thought he paid his premium every month. The insurance company reportedly declared that his healthcare was no longer medically necessary.

Thousands of elderly individuals have reportedly experienced similar treatment as insurance companies have wrongly estimated rates of mortality, and found ways to deny seniors’ claims and terminate benefits.

According to the report, while litigation has helped to stop these corporate practices, and systemic nursing home abuse and neglect, many offenses are still not reportedly revealed due to the nursing home arbitration clauses embedded in contracts, that residents and families of the residents rarely see, not realizing that their rights to access court are being taken away from them. Representative Linda Sanchez (D-CA) introduced legislation last year aiming to eliminate forced arbitration in nursing home contracts.

Another Minnesota Family Files Nursing Home Abuse Lawsuit in South Dakota

October 6, 2010 | Lebowitz & Mzhen

As nursing home abuse attorneys in Baltimore, Maryland, we recently reported in a blog on a series of lawsuits against Evangelical Lutheran Good Samaritan Society in Albert Lea, Minnesota, by families of a nursing home abuse victims—after an investigation revealed nearly half a year of alleged nursing home abuse in 2008.

A recent article from the Argus Leader reports that yet another lawsuit has been filed against the nursing home in the U.S. District Court of South Dakota, as the Evangelical Good Samaritan Society’s corporate offices are based in South Dakota. In Minnesota, civil suits reportedly die with the abuse victim, but the abuse and assault claims are still open for South Dakota litigation.

According to the lawsuit, Sylvia Wulff, now deceased, was one of the victims of the alleged nursing home abuse in Good Samaritan Society’s facility. Wulff’s family reportedly filed the lawsuit on September 29 in Sioux Falls, claiming that the company failed to monitor the staff, and properly screen the employees. Wulff is the sixth deceased victim who has had a lawsuit filed in South Dakota.

Brianna Broitzman and Ashton Larson were charged earlier this year with civil assault, disorderly conduct by a caregiver, abuse of vulnerable elders, and failure to report abuse, among other charges. In August, Briotzman pleaded guilty to three counts of disorderly conduct by a caregiver. Four other women, who were teenagers at the time, were reportedly charged in the case as juveniles with failure to report abuse.

According to the investigation by the Minnesota Department of Health, Larson and Broitzman were found to have allegedly encouraged young staff members at the facility to routinely abuse fifteen dementia and Alzheimer’s nursing home residents in a sexual, emotional, and physical way, while videotaping the abuse.

Hidden Camera Investigation Leads to Nursing Home Abuse Charges for Nurses, Aides

October 1, 2010 | Lebowitz & Mzhen

In a recent nursing home investigation that our Washington D.C. nursing home abuse attorneys discussed in a blog, Attorney General of the State of New York, Andrew Cuomo, and his Medicaid Fraud Control Unit (MFCU) have engaged in a state-wide investigation into nursing home abuse and neglect, using hidden cameras in New York nursing homes, to ensure that residents are receiving quality nursing home care, that is free from negligence and abuse.

Earlier this year fourteen healthcare workers at Northwoods Rehabilitation and Extended Care Facility were arrested for nursing home abuse and neglect, and last week, nine of the licensed nurses and aides were charged in a 175-count indictment, alleging that the nurses neglected to provide proper care and treatment for a patient who was incapacitated.

The nurses have been reportedly charged with endangering the welfare of a person who is physically disabled or incompetent, and willful violation of health laws—both of which are misdemeanors. They have also been charged with a felony for falsifying business records to cover up their nursing home negligence. The nurses all pleaded not guilty. The five other defendants with similar charges have already settled their nursing home negligence cases with guilty pleas.

The Attorney General Cuomo’s office reported that along with falsifying records to hide negligence, the nurses and aides neglected to administer the incapacitated patient’s medications and also neglected to treat the patient’s pressure sores. They also reportedly neglected to check the patient for incontinence, and failed to change the patient’s undergarments for long time periods. As our Washington D.C. nursing home injury attorneys have reported in a previous blog, when residents have limited movement or are immobile, resting in the same position for long periods puts them at high risk for developing bedsores.

Nursing Home Victim’s Family Hopes Wrongful Death Settlement Will Help to Educate Others

September 30, 2010 | Lebowitz & Mzhen

In a blog from last week, our Prince George’s nursing home injury attorneys reported on a wrongful death lawsuit, where Cynthia Wilms, a rehabilitation patient died in a nursing and rehabilitation facility from an infection that the lawsuit alleged was due to negligence and chronic understaffing.

In a new article published this week by the Capital Times, the newspaper interviewed Cynthia Wilms’ family, who told their own story of the nursing home abuse and neglect that allegedly lead to Wilms’ wrongful death.

Wilms was 72 when she was admitted to The Willows Nursing & Rehabilitation Center on July 30, 2007 to recover from hip replacement surgery. Wilms’ family claimed that although the surgery went very well, Wilms developed a staph infection at the site of the surgical wound, after being transferred to the facility. While staying at Willows, Wilms’ infection reportedly went untreated, and no important measures were taken to stop the infection. Wilms died from sepsis less than two months later, on September 13, 2007.

Phillip Wilms claimed that his wife’s health problems started the moment she arrived at the facility—her wheelchair was too small and didn’t function properly, the mattress on Wilms’ bed was too long, creating a uncomfortable “hammock” effect, and the wheels on her bed were broken, along with the bed’s ability to go up and down. The wheels on the table by the bed were also not functioning properly, and were reportedly caked with dust, dirt and hair. The were no phones in the room, and only way patients could communicate for help was to press the call button, although Phillip Wilms claimed it would take staff at least an hour to respond to any pleas for help.