Nursing Home Negligence

Nanny Cam Catches Nursing Home Abuse—Dementia Patient Forced to Stand Topless

April 8, 2011 | Lebowitz & Mzhen

Our Maryland nursing home abuse attorneys have been watching the shocking news development this week of yet another nursing home abuse incident, where 22-year old nursing home worker Samirah Traynham and two co-workers from Delaware County were arrested after being caught abusing a 78-year old patient on a hidden camera.

According to Philly.com, Lois McCallister, a dementia patient of Quadrangle Assisted Living Facility in Haverford, repeatedly told her family that she was being slapped, punched and picked on by the nursing facility staff. The family discussed the nursing home abuse with the home administration, and the home reportedly blamed the claims on McCallister’s dementia, calling the allegations unfounded.

After discovering bruises on McCallister’s hand and wrist on a later visit, the family secretly installed a hidden camera or ‘nanny cam” in a clock, to record McCallister’s treatment at the home.

The video reportedly showed McCallister being hit in the face and head while being dressed, along with other abuse. In another reported video, Traynham and two other workers laughed and mocked the victim’s dementia for 12 minutes while McCallister stood in front of them, with no clothes from the waist up, trying to leave the room. Another employee reportedly danced on McCallister’s bed post like a stripper, or pole-dancer, while one of the other employees tried to pull on McCallister’s ears, knowing they were sensitive from previously having hearing aids.

Traynham was arrested and charged with aggravated assault, simple assault, harassment, neglect of a person who is care-dependent, recklessly endangering another person, and criminal conspiracy, and according to the assistant district attorney, addition arrests at the home are expected.

Nursing Home Staff Tries to Initiate Sexual Behavior Between Two Dementia Residents for Amusement

April 6, 2011 | Lebowitz & Mzhen

As our attorneys discussed in a recent Baltimore nursing home abuse blog, elder abuse is a huge and growing problem in the United States, with more than one in ten elders experiencing abuse and only one in five reported every year. According to the U.S. Government, approximately 700,000 to 3.5 million elderly Americans are abused, exploited and neglected in this country every year.

The New York State Department of Health released new documents last week detailing a disturbing nursing home abuse case where employees in Wheatfield nursing home harassed and abused two elderly residents suffering from dementia by placing them in the same bed together and trying to convince them that they were husband and wife—to allegedly spur inappropriate interaction for their own amusement.

According to the report, Gloria Maxwell, an employee of the home, and Alicia Clemens, a certified nursing assistant, placed an elderly female resident who suffers from schizophrenia and mild retardation, into a room occupied by an elderly resident and his actual wife. The elderly man, who suffers from dementia and is reported to be legally blind, is described in the documents as being occasionally prone to sexually inappropriate behavior. By placing the female resident in his bed, Clemens and Maxwell reportedly engaged in nursing home abuse by attempting to convince the two residents that they were married in order to solicit physical interaction—providing sexually provocative commentary, and taking cell phone photographs of the two.

According to the 10-month investigation conducted by the health department, the evidence of the case did not rise to the level of criminal activity, but was considered inappropriate interaction with residents, and the nurses aides were immediately fired and fined after the incident, and are not eligible to work at any other nursing home in the state.

Nursing Home Fall leads to Wrongful Death Lawsuit Against Motion Picture & Television Fund

April 4, 2011 | Lebowitz & Mzhen

In recent news, that our nursing home injury attorneys based in Baltimore, Maryland have been following, the Motion Picture & Television Fund’s nursing home is being sued for negligence by the family of a nursing home resident who reportedly died after suffering from a nursing home fall.

According to the Los Angeles Times, the family claims that the nursing staff failed to properly care for and monitor Carrie Delay, an 89-year old patient at the home who suffered from Alzheimer’s disease and was bound to a wheelchair. Delay reportedly fell in the stairwell between the first and second floors of the nursing home, fracturing her spine, along with sustaining other critical nursing home injures that her family allege caused her death the following week.

The nursing home is being accused of nursing home neglect, elderly abuse, and wrongful death, and the family’s suit is seeking unspecified punitive damages.

The Carrie Delay incident was reportedly the most serious to date at the facility, which has faced repeated complaints from family members that the quality of elder care has diminished since the fund announced that the nursing home and hospital would shut down. The home has also received two fines from the Department of Public Health for failure to prevent resident falls and serious injuries.

The Importance of Reporting Nursing Home and Elder Abuse

April 2, 2011 | Lebowitz & Mzhen

Our Maryland elder abuse lawyers recently discussed the vastly under reported problem of elder financial abuse among vulnerable seniors across the country, that according to a recent study estimated financial losses of at least $2.6 billion per year.

Under the Nursing Home Reform Act of 1987, it is a violation of Federal and State law for any person, including nursing home facility staff, visitors, facility volunteers, guardians or other residents to engage in nursing home abuse or neglect.

Experts are stressing the importance of public awareness of elder abuse and neglect in communities, as our related Baltimore nursing home neglect blog recently discussed and how important it is for healthcare providers, families, bankers, or even church members—anyone who might be privy to information that could indicate that a senior is being abused physically, emotionally or financially–to come forward and report the abuse.

According to the National Consumer Voice for Quality Long-Term Care (NCCNHR) anyone can and should report abuse and neglect. If a nursing home resident tells you they are being abused:

• Always believe the resident and report the allegations immediately to prevent any other suffering by the resident.

• Many state laws require the reporting of nursing home abuse and neglect–find out what your state laws.

When filing a report, make sure to put your report in writing, date it and keep a copy of it. Include as much evidence as possible about the abuse and remember to include:

• The name, age and address of the victim. Also include the name of nursing home facility and the name of the people responsible for the care, along with the person who you believe is responsible for abuse or neglect.
• Include the nature of the abuse, and the extent of harm as well as any physical signs of elder abuse. If there were any previous incidents of abuse, write down every detail of what happened.
• Remember to add the location of the place that the incident happened, and the time and date of the incident.
• Always include as much background information as possible to help an investigator to address the incident and situation quickly.

Hollywood Legend Mickey Rooney Testifies in Congress About Elder Abuse

March 30, 2011 | Lebowitz & Mzhen

Our Maryland nursing home abuse attorneys recently discussed different types of elder abuse, plaguing aging victims in nursing homes across the country. According to the Nursing Home Reform Act of 1987, all nursing home residents are entitled to freedom of abuse, neglect and misappropriation of funds. Elder neglect and abuse are also considered criminal acts regardless of whether they occur inside or outside of a nursing home.

Earlier this month, legendary Hollywood actor Mickey Rooney gave a passionate testimonial in Congress about the problem of elder abuse, affecting 3.5 million victims in this country every year—including movie stars like Rooney.

Rooney, who is now 90-years old, testified before a special Senate committee considering legislation to curb senior abuse, telling the committee about the main forms of elder abuse and neglect–physical and emotional abuse, where elders don’t get the help or treatment they pay for at nursing homes, and financial abuse, where an elder’s life savings can be stolen or swindled, often by people who are closest to them.

In Rooney’s case, he made shocking allegations against his stepson and stepdaughter, claiming that while they were in charge of providing care of their mother and Rooney, they embezzled $400,000 of his life savings, took his Oscar and Emmys, put a lock on his refrigerator and left him with one pair of shoes.

In February, a Los Angeles judge extended a restraining order against his Rooney’s stepson, alleging that he threatened, harassed and intimidated him into signing his assets over to him, and that he prevented him from leaving his home. Last week, a settlement was reached between Rooney and his stepson and Los Angeles Superior Court Judge Reva Goetz approved the provisions of Rooney’s voluntary agreement to make his attorney permanent conservator of the actor and Rooney’s estate.

Daughter Sues Nursing Home for Negligence After Mother Dies from Pressure Sores

March 10, 2011 | Lebowitz & Mzhen

As Baltimore County nursing home injury attorneys, we have recently read about yet another nursing home negligence lawsuit filed in Illinois, where a health and rehabilitation center is being sued for failing to properly care for Betty Dressel, a resident suffering from Alzheimer’s Disease, who reportedly developed pressure ulcers all over her body while residing at the home that her family claims led to her wrongful death.

Decubitus Ulcers, also known as pressure ulcers or bedsores often occur with elderly nursing home residents suffering from Dementia or Alzheimer’s Disease, who are resting in the same position for long periods of time without moving—causing areas on the body to lose circulation, which leads to skin breakdown, a problem that our lawyers recently stated in a Maryland nursing home injury blog, is entirely preventable.

Without proper nursing home staff attention, pressure sores often progress into the four stages of bedsore development, where small sores turn into deep painful craters as a result of skin breakdown, damaging joints and tendons and causing major infections which can lead to personal injury or even death.

The lawsuit claims that Betty Dressel was treated at Cedar Ridge Health Care and Rehab Center with substandard care, and as a result of her deteriorated mental condition, they restrained her to her bed, placing her at a high risk of physical deterioration. According to her daughter, this negligent treatment lead to the development of pressure sores that reportedly formed on Dressel’s back, legs, buttocks and feet that became infected, causing sepsis, a potentially fatal infection of the blood.

Types of Elder Abuse and Neglect in Nursing Homes

March 8, 2011 | Lebowitz & Mzhen

As Baltimore, Maryland nursing home injury attorneys we have recently discussed the topic of elder abuse in a nursing home abuse blog, and the prevalence of abuse in health care facilities and communities across the country, unlawfully causing harm, personal injury, and even death to older and vulnerable adults.

According to the NCEA and the NCCNHR, types of elder abuse include emotional, physical, verbal, sexual, and psychological abuse, as well as neglect, intimidation, abandonment, and exploitation.

• Physical abuse includes inflicting physical pain or injury on an elder, or the threat of inflicting pain. Physical abuse also includes hitting, pinching, slapping, shoving, and force-feeding, along with rough handling during nursing home care and treatment, when being moved, cared for, fed or given medicine. Physical abuse can also result from a nursing home staff member or an outside intruder or visitor.

• Emotional or psychological abuse inflicts mental pain, anguish, or distress on an elderly person or nursing home resident through verbal and non-verbal acts, which includes ridiculing or cursing a resident, threats of punishment or deprivation, rejection or isolation.

• Sexual abuse is non-consensual sexual contact where a resident is tricked, forced, threatened or coerced into performing acts of a sexual nature.

• Neglect is the failure to provide elderly adults with basic needs, such as proper health care and medical treatment, shelter, protection or food, which can result in conditions like dehydration, malnourishment, incontinence, pressure sores, incontinence, depression and immobilization.

Elder Abuse—a Rampant Problem in Nursing Homes

March 2, 2011 | Lebowitz & Mzhen

Elder abuse, as our Baltimore nursing home abuse attorneys have reported in a related Maryland elder abuse blog, is a term used to refer to any treatment by nursing home staff, a health care provider, or any other person that is negligent, intentionally causing harm or a great risk of harm to an elderly adult who is vulnerable.

According to the NCEA, research indicates that more than one in ten elders experience abuse, with only one in five reported every year. The White House reports that every year approximately 700,000 to 3.5 million elderly Americans are abused, exploited and neglected. Studies show that elders are often abused by the very people that they trust the most, like spouses, family members, personal acquaintances or professionals in a position of trust.

According to the NCEA and the National Consumer Voice for Quality Long-Term Care (NCCNHR), types of elder abuse include physical, emotional, verbal, mental, psychological, and sexual abuse, as wall as exploitation, neglect, abandonment, or intimidation.

Elder abuse can happen anywhere, in nursing homes, healthcare facilities or in the community, and is a problem that remains to be under recognized, causing elders to experience consequences that can lead to personal injury or even wrongful death.

Assisted Living Center Faces Lawsuit After Resident Dies From Tripping on Phone Cord

February 23, 2011 | Lebowitz & Mzhen

Another assisted living facility in Illinois has been sued for negligence, according to a Madison Record news story that our Maryland nursing home injury attorneys have been following, after a resident died from health complications and injuries sustained after tripping on a telephone cord in the home’s walkway.

According to the lawsuit, Cambridge House of O’Fallon and BMA management are both being sued by David L. Hubert, a relative of Anastasia J. Hubert, who reportedly sustained a spinal fracture as a result of the nursing home fall.

The assisted living home is being blamed for nursing home negligence, for leaving a telephone cord in the hallway near a nurse’s desk that was unprotected and exposed, allegedly tripping the resident as she walked by the nurse’s desk.

Hubert claims that Hubert’s injuries were a great source of pain and suffering and caused her to sustain a major loss of her normal life, along with major medical costs. Her family also claims that as a result of Hubert’s death, they have suffered the emotional loss of her company.

The CDC reports that over 1,800 residents die each year from falls in nursing homes. Personal injuries sustained from nursing home and hospital falls can be debilitating and expensive for adults to face. As the CDC reports, nursing homes should try to prevent falls by addressing the medical conditions of each resident, as well as identifying the potential risk factors, to ensure that assisted living facilities and hospitals are safe for residents who are at-risk for falls—providing environments that are free from personal injury or wrongful deaths often associated with falls.

Nursing Home Negligence Lawsuit Accuses Rehabilitation Center of Decubitus Ulcers, Wrongful Death

February 16, 2011 | Lebowitz & Mzhen

In a previous Baltimore nursing home lawyer blog, our attorneys discussed the risk of pressure sore development in nursing homes, and the importance of proper nursing home care for pressure ulcer prevention and maintenance, to avoid resident injury or complications that can result in death.

According to recent news, a wrongful death lawsuit has been filed by Donald Simonton, who is suing Teays Vallen Nursing and Rehabilitation Center and Charleston Area Medical Center for the death of his mother, Linda Bea Simonton. Simonton claims that the home engaged in nursing home negligence that reportedly led to the development and worsening of her bedsores, or decubitus ulcers, leading to her wrongful death.

Simonton was reportedly a resident of the home from December of 2008 to January of 2009, to receive physical and occupational therapy as well as skilled wound-care treatment for her legs. Her son claims that while she was at the home, her leg wounds became much worse and she developed additional pressure sores that would not have formed if the center had provided adequate nutrition. Simonton claims that his mother also suffered from inadequate hydration, which led to acute renal failure, among other health conditions leading to her untimely death.

As our Baltimore County nursing home lawyers discussed in a previous pressure sore prevention blog, once a pressure sore starts to form, the wound needs to be cared for immediately, as the sores can be healed with proper wound-care management, to prevent further skin breakdown or tissue loss. According to the Mayo Clinic, diet is also an essential part of pressure sore prevention and healing, as balanced meals supply the necessary nutrients needed to keep residents healthy.