Nursing Home Abuse

Recently Filed Case Claims Nurses Tied Down Resident and Administered Narcotic Medication Against Her Will

February 7, 2017 | Lebowitz & Mzhen

Earlier this month, the family of a nursing home resident who allegedly was tied to a wheelchair and given medication without her permission filed a lawsuit against the nurses as well as the nursing home, seeking $17 million in compensation. According to a local news report covering the recently filed case, the complaint claims that two nurses from the facility used bed sheets to tie down the plaintiff’s mother and then administered narcotic medication to “silence” her.

According to the plaintiff’s complaint, on the next morning, nurses found the plaintiff’s mother still tied to her wheelchair. She had allegedly soiled herself over the evening.

Additionally, the plaintiff claims that the nursing home did not disclose this occurrence to her and actually went so far as to cover it up. Specifically, the plaintiff alleges that the nursing home fired nurses who brought the conduct to the attention of management. The plaintiff characterizes the nursing home’s internal investigation as “clandestine and superficial.”

Nursing Home Abuse Caught in the Act; Charges Unlikely

January 27, 2017 | Lebowitz & Mzhen

According to a report that has been recently published by a local news source, several residents at a nursing home appear to have been victimized by acts of physical abuse committed by nursing home staff. Some of the abuse was witnessed by other residents or staff, but it had not been reported until a state investigation at one home uncovered nine possible victims of abuse, six of whom required additional administrative action. Despite that, law enforcement had not been contacted for any of those alleged acts of abuse.

Law Enforcement Hears of Abuse, But It’s Too Late to Pursue Charges

The author of the report interviewed a spokesperson for the local police, who only heard about the alleged abuse from the media and reports of the administrative action and other state action taken against the home. According to the report, the police department expressed concern that they only just heard of the abuse, and they stated that they were not in a position to make any arrests because the state action disrupted the element of surprise.

Whether the police department could still investigate and pursue charges or not, at this point, charges appear unlikely. Although criminal charges may not be an option to hold the perpetrators of any abuse responsible for their acts, a civil nursing home abuse claim may be available to stop any abuse and recover damages for economic and non-economic harms that the victims of abuse have suffered.

State Halts New Admissions to Nursing Home Amid Abuse Allegations

January 20, 2017 | Lebowitz & Mzhen

A recently published local news article discusses allegations of abuse that have resulted in state authorities preventing a privately owned nursing facility from admitting new residents until the allegations are properly investigated and any necessary remedial action is taken. Although the report notes that state prosecutors appear unlikely to pursue criminal charges against the parties responsible for the alleged abuse, victims of the abuse or neglect may still have claims for financial damages by filing a civil nursing home abuse or nursing home neglect lawsuit with the help of experienced legal counsel.

State Administrative Report Details Abuse Against at Least Eight Residents

According to the report, the state regulatory authority was the first to receive notice that there was possible abuse or neglect occurring at the Brookhaven Manor nursing home in Kingsport, Tennessee. Authorities suspended the nursing home from taking new residents after an initial investigation found credible evidence corroborating the claims of abuse and neglect.

While these reports of abuse and neglect detail conduct that would certainly be criminal under state law, the prosecuting attorney’s office expressed doubt that any charges would be pursued. The attorney noted frustration with the fact that his office was not notified of any of the allegations or allowed to perform any investigation until after the state administratively sanctioned the home. This compromised the investigation by giving allegedly culpable parties an opportunity to tamper with evidence of wrongdoing.

Multiple Residents Report Abuse by Nursing Home Employee Who Was Not Authorized to Provide One-On-One Care

December 28, 2016 | Lebowitz & Mzhen

An employee of an Ohio nursing home has been convicted of felony charges of elder abuse after she physically assaulted a defenseless 85-year-old female nursing home resident, who was left bloodied and injured after an incident in the victim’s bedroom. According to a local news report, the defendant is currently incarcerated for other unrelated criminal charges and will be sentenced on the abuse charge in early 2017. Other residents of the same nursing home have also reported physical abuse by the same woman in separate incidents, leading to questions regarding the role of the nursing home management and other staff in detecting and addressing the abuse of residents by nursing home employees and assistants.

The Former Nursing Home Employee Admitted to At Least One Act of Abuse

The recent abuse conviction was the result of an incident that occurred in March 2016 at a Chillicothe, Ohio nursing facility. Earlier this month, a former nursing home employee pleaded guilty to felony abuse charges for beating an 85-year-old woman in her room after the resident was reportedly “acting belligerent” and calling the defendant names.

After the assault occurred, the nursing home released a statement that the employee was a state-tested nursing assistant and should not have been alone in the resident’s room with her. The nursing home stated that they terminated the woman’s employment once the abuse was reported, but according to a Centers for Medicare and Medicaid Services report that was prepared by government investigators, several other residents reported being abused by the woman, and the nursing home failed to prevent such acts of abuse, resulting in actual harm to at least one resident.

Convictions of Nursing Home Employees for Abusing Residents’ Dolls Highlight Nursing Home Dangers

December 7, 2016 | Lebowitz & Mzhen

Having an aging family member can be stressful and unnerving. Every family wants to make sure their loved one is cared for properly, but figuring out how to make that happen is not always easy. According to the National Council on Aging, about one in 10 Americans age 60 or older has experienced some form of elder abuse—and many cases go unreported. In fact, some estimates are that only one in 14 cases of elder abuse is reported. As a result, many advocates find abuse is even more common than most people think. Elder abuse includes physical abuse, as well as sexual abuse, exploitation, emotional abuse, neglect, and abandonment. Abusers can be family members, or they can be staff at nursing homes and other caretakers.

Elder Americans are especially vulnerable to abuse, in part because they are often isolated and suffer from mental impairment. Abuse can result in injuries and death and also can negatively affect elders’ financial security, health, and dignity. And as the American population ages, more people are at risk of abuse. In 2014, long-term care providers served about nine million people in the United States. A recent case showed a strange and unexpected case of abuse that affected many vulnerable nursing home residents.

Nursing Home Employees Convicted After Harming Residents’ Dolls

According to one news source, two nursing home employees were recently convicted for abusing residents’ dementia dolls. The two women pleaded guilty for their treatment of residents at a nursing home. The employees, who were both in their 20s, were employees at a nursing home where dolls were used a therapeutic tool for residents to care for as if they were their own children. The nursing home housed residents with dementia and Alzheimer’s disease.

Lack of Trained and Competent Nurse Aides Results in Hygiene Problems, or Worse

November 10, 2016 | Lebowitz & Mzhen

An article recently published by an NBC affiliate in New York helps document a disturbing trend of nursing home abuse and neglect that appears to be caused by understaffed nursing homes, as well as a lack of adequate training and competence among existing staff. According to the news report, an elderly nursing home resident and her family have filed a nursing home abuse lawsuit against a New Jersey nursing home after the resident was allegedly left covered in her own feces for hours as the nursing home staff failed to answer her calls for assistance. Although the proceedings are only in the early stages, the defendant has issued a statement denying any wrongdoing and attempting to discredit the plaintiffs’ claims.

Nursing Care Is Facing an Epidemic of Neglect and Incompetence

Many factors result in the recent increase in nursing home abuse and neglect complaints, which are often focused on the duties of lower-level staff, such as nursing aides and assistants. Many nursing home residents are not physically active and have few visitors or family members to check up on them. When neglect or abuse does occur, some patients are afraid or embarrassed to tell anyone about it, or they may not know what their rights are or how to make a claim. The majority of funding for nursing home care comes from the federal government through Medicare, and providers have been known to take advantage of the lack of accountability for government funds by employing too few workers and hiring low-cost, incompetent employees to provide care.

The Importance of Pre-Employment Screening of Nursing Home Employees

September 30, 2016 | Lebowitz & Mzhen

When someone can no longer care for themselves, and their loved ones are also incapable of providing the necessary level of care, many families turn to nursing homes. Nursing homes are charged with caring for those who cannot fully care for themselves, and the duties that come along with this are varied and often depend on the condition of each individual resident. However, some duties are present no matter the condition the resident is in, including providing a safe environment that is free of abusive and neglectful staff.

One way that nursing homes are able to ensure the quality of the nurses whom they employ is through pre-employment and background checks. These checks look into the past of the applicant nurse to determine which other positions the nurse has held, whether there have been any disciplinary actions taken against the nurse, and whether the nurse has any past criminal convictions. Not only are these types of checks legal, but also they are necessary to ensure a safe nursing home for all residents.

Investigation into Nursing Home Abuse Discovers Management Did Not Perform Pre-Employment Background Checks

Earlier last year, nursing home aides at a New York nursing facility taunted an elderly resident and then took pictures of the abuse. After the discovery of this behavior, an official investigation was conducted, which revealed that the nursing home employing the aides had failed to conduct pre-employment background checks on four of its newly hired employees. It was also discovered that the nursing home failed to provide any abuse prevention training and even failed to follow up on reported cases of abuse. According to a recent news article discussing the facility’s deficiencies, the nursing home has a one-star rating and had 24 deficiencies total in 2015 and 2016. This amounts to more than four times the state average.

Federal Government Expands Regulations to Protect Nursing Home Patients from Other Types of Abuse

August 19, 2016 | Lebowitz & Mzhen

The federal government has recently announced plans for new regulations that will crack down on the problem of residents being abused by nursing home employees. Specifically, the new regulations are designed to target a recently occurring problem of nursing home employees taking demeaning photographs and videos of residents and sharing them on social media sites. Recently published articles by a patient advocacy group have documented the worsening phenomenon and the federal response.

The Federal Government Can Use Medicare to Urge States and Nursing Homes to Prevent Abuse

Most nursing homes are administered by private organizations or state or municipal governments, but the federal government contributes to the costs for each resident in a vast majority of those homes in the form of Medicare payments made on the resident’s behalf. Although the federal government generally lacks direct regulatory authority to compel state or privately run nursing homes to implement certain policies, it can tie compliance with anti-abuse policies into the nursing home’s receipt of Medicare funds, which often comprise most of the payments the nursing homes receive.

Nursing Home Arbitration Clauses May Punish Patients and Families For Expecting Quality Care

August 5, 2016 | Lebowitz & Mzhen

Arbitration clauses have become more and more common in many types of contracts between consumers and businesses over the last 50 years, However, the dramatic increase in the use of arbitration clauses in medical care agreements should be of special concern to consumers and their advocates. By agreeing to an arbitration clause, a patient or their family may be giving up their right to sue the other party in state or federal court and instead assenting to resolve disputes through what is known as binding arbitration. Binding arbitration is a process that closely resembles a judicial proceeding, although the “judge” of an arbitrated dispute is simply a private party, and the court rules and procedures that are used in judicial proceedings may not apply.

Why Do Providers Propose Binding Arbitration, and Why Would Consumers Agree to It?

Binding arbitration is promoted by companies and industry groups as a simplified way of resolving disputes that could get out of hand if they were processed through a full-fledged judicial proceeding. Complainants are legally entitled to a fair process through arbitration, and state and federal laws are applied to their claims.

In reality, the differences between an arbitration proceeding and a judicial proceeding almost always favor the large company, with consumers and patients receiving the short end of the agreement. A recent New York Times article discussing the use of arbitration agreements in nursing home contracts notes that although agreeing to binding arbitration cannot be mandatory for a prospective patient, the agreements are often structured to hide that fact. Many consumers agree to arbitrating potential disputes because they don’t know they have the right to refuse it.

Increasing Use of Social Media Has Resulted in Unexpected Nursing Home Abuse

July 26, 2016 | Lebowitz & Mzhen

A recently published news article discusses the difficulty that law enforcement and regulatory authorities have been facing nationwide in attempting to apply existing laws to curb the increasing pattern of “social media abuse” of long-term care and nursing home residents by health care workers. According to the article, there have been dozens of reported instances in which health care workers publish explicit photos or videos of nursing home patients on social media. The resulting posts have been offensive, hurtful, and exploitative of the nursing home patients, and they demonstrate the unprofessional levels of care that some nursing facilities provide.

Current Laws Addressing Nursing Home Abuse May Not Go Far Enough

According to a recently published report noted in the article, current laws in many states protect nursing home patients from social media abuse by making it illegal for a health care worker or assistant to post an image containing a resident’s genitals on social media. Unfortunately, many of the abusive and humiliating posts that have been made don’t include an image of a patient’s genitals but remain extremely offensive. One such post mentioned in the article included an image of an elderly resident’s hands and legs covered in feces, accompanied by a caption that contained profanity and made fun of the man.