Resident Safety

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.

Johnson & Johnson Accused of Pharmacy Kickbacks

January 21, 2010 | Lebowitz & Mzhen

In a recent nursing home injury blog, our Maryland-based attorneys discussed the epidemic of unnecessary drugging and chemical restraints going on in nursing homes, that can cause nursing home injury and threaten the lives of elderly residents.

Last week, the U.S. Justice Department filed a civil False Claims Act complaint against the drug giant Johnson & Johnson, for allegedly paying millions of dollars in kickback payments to a pharmacy company, in order to boost sales of antipsychotic prescription drugs for nursing home patients—drugs that can be used as chemical restraints with residents, that patients may or may not need.

The complaint alleges that from 1999—2004, pharmacists from Omnicare, the nation’s largest pharmacy, worked intensively to persuade physicians to prescribe Johnson & Johnson drugs in nursing homes, including the antipsychotic drug Risperdal, in exchange for kickback payments. The kickbacks were reportedly delivered to Omnicare in the form of rebates, grants, or educational funding.

Johnson & Johnson reportedly turned to Omnicare to increase the building of market share, knowing that physicians accepted advice on drugs from Omnicare pharmacists more than 80% of the time, and they were seen as an extension of the Johnson & Johnson workforce. The nursing home residents allegedly included people suffering from Alzheimer’s disease and dementia.

Sweep in Nursing Home Finds Felons and Sex Offenders with Outstanding Warrants

December 28, 2009 | Lebowitz & Mzhen

In a recent blog on nursing home injury, our Maryland-based attorneys discussed the problem many nursing homes are facing today, of creating a safe environment for residents who live in nursing home facilities with patients who are mentally ill or have violent criminal pasts.

After the Chicago Tribune’s investigative reports over the past few months, fueled by a series of nursing home abuse and assault cases, the publication has shed light on the high numbers of felons and sex offenders that reside in Illinois nursing homes, and how this is affecting the safety of nursing home residents. Last week, twenty federal marshals and the County Cook sheriff’s police, initiated by the Illinois Attorney General’s office, conducted a raid of two Chicago-based homes, looking for felons with outstanding arrest warrants.

After the sweep of the nursing homes, eighteen residents were discovered in the homes who are wanted on charges that vary from burglary and assault to disorderly conduct. The authorities arrested five people, including an unregistered sex offender from another state. According to the Attorney General’s office, this was the first step in an ongoing effort to identify residents in nursing homes who are wanted on arrest warrants.

The Chicago Tribune reports that the number of residents living in Illinois nursing homes who are felons has grown as the state continues to rely on the nursing home facilities to place younger psychiatric patients, many of whom have criminal records, which can endanger resident safety and cause nursing home injury or abuse to older residents.

Mentally Ill Man Charged in Nursing Home Rape

December 23, 2009 | Lebowitz & Mzhen

In a previous blog from October, our Maryland Nursing Home Abuse Attorneys reported on a nursing home assault from earlier this year that shed light on the ongoing problem many nursing homes are facing today—on how to maintain nursing home safety for residents who share facilities with mentally ill patients and criminals with violent pasts.

In January of this year, a 69-year old female resident of Maplewood care nursing home in Elgin, Illinois was found assaulted and raped in her room, allegedly by 21-year old Christopher Shelton, a mentally ill patient from the second floor of the nursing home. Reports stated the Shelton was reported missing during the evening bed check, and was later found in the woman’s bathroom after the assault.

This week Shelton, who suffers from bipolar disorder, pleaded guilty to the sexual assault, and agreed to a sentence of 12 years in prison in exchange for the guilty plea of one count of aggravated criminal sexual assault— a Class X felony. Illinois law states that Shelton must serve at least 85 percent of his sentence, or about 10 years. He will receive 335 days of credit from his time served in the county jail since he was arrested in January.

Before Shelton moved into the nursing home at the end of last year, the staff didn’t properly check his criminal background, or listen to the warnings from the previous nursing home’s director on his violent behavior. Shelton reportedly had a violent history including an aggravated battery conviction, as well as other aggression related arrests. The Chicago Tribune reported that Shelton was arrested last year three times for alleged offenses that all included nursing home violence. At Maplewood, officials reserve rooms on the nursing home’s second floor for the psychiatric patients—but the separation between floors was not safely protected or monitored, so Shelton allegedly easily found his way to the resident’s room on the first floor.

Elderly Resident at Nursing Home Wins $7.75 Million in Abuse Case

December 17, 2009 | Lebowitz & Mzhen

In recent nursing home abuse news, our Maryland-based Attorneys have been following the case announced last week, where the family of a nursing home resident who sued Fillmore Convalescent Center for elder abuse and was awarded $7.75 million in monetary damages.

According to the lawsuit, in 2006, the family of Maria Arellano, a 71-year-old resident and stroke victim, noticed substantial bruising on Arellano. The family complained to the management at the center, but they did not investigate the bruises. The family then placed a video camera that was hidden to the center and staff—to find out what was happening to the resident in the room.

The camera allegedly caught Monica Garcia, a worker at the center, engaging in nursing home abuse, by pulling Arellano’s hair, forcefully bending her neck, wrists and fingers, slapping her, and using violent behavior while bathing her.

After the 22 day trial, Garcia received a criminal charge, and reportedly pleaded no contest to simple battery. The verdict from the trial splits the liability between the three defendants—20 percent to Garcia, 40 percent to the center, and 40 percent to the owner of the center.

Top Ten Important Considerations for Choosing a Nursing Home

December 10, 2009 | Lebowitz & Mzhen

A recent report that our nursing home abuse and neglect attorneys have been following gives an expert recommended list of ten top considerations for choosing nursing home care.

• Discuss with the resident what their goals and expectations are proactively, before the resident goes into the home. Also discuss the diagnosis with health-care providers to determine what kind of care is needed: from a nursing facility, to community based-care, long-term care, or other possible institution options.

• Always start looking for an establishment that is close to family and friends, so visitation is easy and accessible.

• Search the Nursing Home Compare Website, which lists Medicare-and Medicaid certified facilities with Five-Star ratings that compare national quality standards on short-term as well as long-term care.

• Always meet with the administrator, to discuss care planning, safety systems, wander alerts, specialized services, policies and the cost. Also ask about policies on physical and chemical restraints, as well as the nursing facilities’ history of bedsores or decubitus ulcers.

• Visit the home at least twice to check the level of care—both at busy times, as well as times when the staff is less busy. Try to witness the level of care during mealtimes, as well as early evenings, or just before a staff shift change.

Inspection Reports in Nursing Homes—Preventing Personal Injury

December 8, 2009 | Lebowitz & Mzhen

In a related post from last week, our Maryland Nursing Home Injury Lawyers discussed the importance of researching the up to date results on recent inspections when choosing a nursing home in the state of Maryland, especially with regard to complaints and deficiencies in homes that can lead to nursing home negligence, abuse or personal injury.

The American Association of Retired Persons (AARP) stresses the importance of having nursing home performance data available for consumers, and how important it is to rate facilities based on recent inspections. Many states electronically post “report cards” of various types for consumers to access.

The Maryland Health Care Commission’s Maryland Nursing Home Guide is a rating resource that covers specific information on facilities such as quality measures, deficiencies, recent state inspections, and bed counts, as well as family satisfaction surveys. The guide offers a look at more than 200 nursing facilities and 34 Continuing Care Retirement Communities (CCRCs). This service allows visitors to compare and contrast information on each facility, review quality measures, inspections results, and quality indicators.

The Nursing Home Compare website ranks around 16,000 Medicare and Medicaid-certified national nursing homes on a Five-Star Quality rating system that compares the quality standards on short-term as well as long-term care. The U.S. Nursing Home Information & Registry from Member of the Family.net also reports on 16,000 homes by the state, for survey ratings, complaint information and reports of repeat violations.

Home vs. Hospital—Basic Planning to Choose the Right Nursing Home Care

November 30, 2009 | Lebowitz & Mzhen

Our nursing home attorneys have been following a recent report covering the importance of choosing a nursing home in the Maryland and the Washington D.C. area. Choosing a nursing home should be a carefully thought out process, carried out by family members who have a clear sense of the patient’s wishes. Unfortunately, families often have a limited amount of time in which to make this decision, often 48 hours or less—when a family member is about to be discharged from the hospital, and is on the path to needing nursing home care.

The report recommends basic planning tips from experts, so that families on deadline can make the right choice and find the right nursing home environment that provides proper care, promotes resident rights, and is free from nursing home neglect and abuse.

Sarah Wells, the executive director of The National Consumer Voice for Quality Long-Term Care (NCCNHR), a Washington-based nonprofit organization that represents consumers looking for long-term care, stressed the importance of discussing nursing home care expectations—if a family member becomes unable to care for themselves at any state or age of life—so there is a clear understanding of the resident’s preferences and priorities. Wells suggested talking about the most important issues of the nursing home care experience, like meals, music, proximity to family members, and visitor accessibility.

Because many important long-term care nursing home decisions are made in a matter of days and not weeks, many decisions become chaotic and hasty. Families are encouraged to use resources like the federal government’s Nursing Home Compare Website and state nursing-home ombudsmen for advice and data. Wells recommends that families should try and visit a nursing facility at lease twice, and compare the ratings and reports to what they actually experience.

Nursing Home Injury and Wrongful Death from Decubitus Ulcer Complications

November 6, 2009 | Lebowitz & Mzhen

In a previous post from this week, our Maryland Nursing Home Abuse and Neglect Lawyers discussed the serious problem of Decubitus ulcers in nursing homes—pressure sores or bedsores that develop when immobile residents go for too long without being moved.

If a decubitus ulcer is not detected, the nursing home injury can become infected and progress to a more advanced stage, causing extensive damage to the deeper structures under the skin. These infections are often very difficult and painful for nursing home residents, as they take a long time to heal, and can cause complications, or even death.

One serious complication that comes from pressure sores is blood poisoning, or septicemia. Many residents also develop osteomyelitis, an inflammation of the bones that is caused by bacteria that enters the body through the open wound and attacks the bone. If not treated, osteomyelitis can spread into the bone marrow and the surrounding joints. The mortality rate for people with osteomyelitis is extremely high.

Treatment of serious decubitus ulcers may include drying out the wound, or surgical debridement, where a surgeon uses a scalpel to remove the dead tissue, bone and fluid from the area around the bedsore, and administers systemic antibiotics to the resident.

Surgical debridement of the bedsore can also be accompanied by ‘flap reconstruction’ to cover the open wound with healthy tissue to avoid infection. The surgery is done to make sure that the skin is free of dead or damaged tissue, to promote healing. This reconstruction is considered a last resort in cases involving advanced stage bedsores, as it has an extremely high complication rate, and recovery from the procedure is often slow and painful.