Wrongful Death in Nursing Homes

Nursing Home to Appeal $91.5 Million Negligence and Wrongful Death Settlement

August 26, 2011 | Lebowitz & Mzhen

As our Baltimore, Maryland accident lawyer blog recently reported, the family of an elderly nursing home resident whose wrongful death lead to a nursing home abuse and negligence lawsuit, was awarded $91.5 million earlier this month, after a Charleston, West Virginia jury found Heartland of Charleston nursing home and its corporate owners guilty of negligence—a verdict that the nursing home owners are likely to appeal.

According to the lawsuit, in September of 2009, Tom Douglas placed his mother Dorothy, who suffered from dementia, Parkinson’s and Alzheimer’s disease among other conditions, in Heartland of Charleston nursing home temporarily—until there was room for her in a nearby facility that specialized in Alzheimer’s disease healthcare and treatment.

Before placing Douglas in the home, her son claimed that his mother had lived with he and his family, experiencing improved health conditions that included walking, speaking and even recognizing her own family members.

Three weeks after Tom Douglas placed his 87-year old mother into the nursing home he reportedly found out that she was confined to a wheelchair, and suffered from malnutrition, and dehydration. By the time she was transferred to Heritage Center, the nursing home specializing in Alzheimer’s Disease healthcare, Douglas was reportedly unresponsive, had lost fifteen pounds and suffered such severe dehydration that she died the following day after her nursing home transfer.

Another Nursing Home Negligence Lawsuit for Madison County Home

August 25, 2011 | Lebowitz & Mzhen

A fourth nursing home abuse and negligence lawsuit has been filed this week against the owners of a Kentucky nursing home complex, after a resident allegedly suffered from inadequate care when her healthcare rights and safety were reportedly threatened.

According to a news development from the Richmond Register that our Maryland nursing home attorneys have been watching, Viola Fields was a resident of Kenwood Health and Rehabilitation Center from the end of October until the beginning of December in 2010. James Rutherford, Fields’ guardian, claimed that Fields, who is incapacitated and not of a sound mind, did not receive the minimum standard of healthcare that should have been available to her as a vulnerable nursing home resident. Rutherford claims that the home violated her nursing home rights as a long-term care resident.

The lawsuit accuses Kenwood of nursing home negligence for failing to provide Fields with timely and accurate nursing home healthcare and medication assessments, proper resident supervision, necessary medical intervention, and from failing to prevent accidental injury. Kenwood is also being accused of medical and corporate negligence.

Rutherford claims that the nursing home’s wrongful conduct caused the rapid deterioration of Fields’ health and physical condition, and led to the direct development untreated pressure ulcers, wound infections, sepsis, pneumonia, urinary tract infections and weight loss. The lawsuit accuses the home of acting with fraud, malice, gross negligence and reckless disregard for the health and safety of Fields and her rights as a nursing home resident. Rutherford claims that because of these injuries, Fields experienced physical impairment, and suffered embarrassment, along with incurring significant medical expenses.

Prevention of Nursing Home Falls and Hip-Fractures in the Elderly

August 8, 2011 | Lebowitz & Mzhen

In a recent Hartford County nursing home lawyer injury blog, our attorneys discussed the problem of falls in nursing homes, with over 300,000 individuals over the age of 65 experiencing a hip fracture every year, often leading to injury or even death.

According to a recent University of Maryland School of Medicine study, hip fractures continue to be a major challenge among older individuals and will continue to grow rapidly as our population ages. The study discusses the opportunity available for the medical community to help prevent falls, by intervening and taking precautions with the elderly population.

The study recommends the following interventions:

• Screening for and treating osteoporosis in elderly patients, especially elder men who are rarely diagnosed for osteoporosis, even after an osteoporotic fracture.
• Nutritional interventions have proven to be effective in preventing hip fractures, including the appropriate levels of vitamin D and calcium, as the majority of elderly individuals who are at-risk for falls and fractures have a deficiency in key nutrients.
• Behavioral exercises that include physical activity encouraging walking, weight-beating activity and resistance training have been linked to the reduction of nursing home falls and fractures.

• Other prevention strategies to decrease falls include reducing the number of medications, especially sedatives, sleeping pills, antihistamines, or psychoactive drugs, as well as modifying an elderly person’s home to avoid fall hazards, especially with a person who has previously fallen or is at-risk for falling.

The study hopes that by implementing fall-related interventions, future generations of elderly individuals will be better able to handle the traumatic falls without injury because of better bone health and strength. Also, the study states that with continuing research, experts will be able to identify new approaches to the treatment and rehabilitation of individuals who have suffered from hip fractures in order to improve quality of life and reduce the problem of fall-related injuries on individuals, their families and on society as a whole.

Nursing Home Sued in Two Different Wrongful Death Lawsuits

July 25, 2011 | Lebowitz & Mzhen

A Charleston nursing home has recently been sued in two separate wrongful death lawsuits, according to a news development that our Baltimore nursing home negligence attorneys have been watching, after two residents died at the home due to the home’s alleged negligence and abuse.

The Charleston Gazette reports that Teays Valley Center nursing home has been sued by the daughter of former resident Anoway Rose Smith, who according to the lawsuit, suffered from nursing home abuse and negligence that led to bedsores, weight loss due to dehydration and nursing home falls.

The lawsuit states that Smith resided at the nursing home four times between August 2009 and February 2010, during which time she sustained systemic nursing home abuse and neglect that led to her death on February 23, 2010.

In a second lawsuit filed against Teays Valley Center, the home is also being accused of causing the wrongful death of another resident. Shirley Osburn has filed the lawsuit, claiming that the her husband John Osburn died as a result of severe nursing home abuse and negligence while residing in the home.

Resident Dies From Sepsis—Home Sued by Family for Negligence and Wrongful Death

July 22, 2011 | Lebowitz & Mzhen

In recent news that our Maryland nursing home neglect lawyers have been following, a Convalescent Center is being sued by the family of a resident, after alleged nursing home negligence led to the decline of health of the resident’s health.

According to the lawsuit, Helen Hammes became sick after receiving improper care while she resided at the care facility. The lawsuit claims that the home failed to develop a care plan that was comprehensive, failed to transfer Hammes to another nursing facility, and neglected to monitor her bowel movement after showing signs of polyuria, a problem with the overproduction of urine. The home is also being accused of failing to follow the physician’s orders by performing a rectal exam, and failing to discontinue diuretic therapy even after the patient experienced dehydration.

The lawsuit claims several violations of the state Nursing Home Care Act, and claims that Hammes suffered physical pain and developed sepsis as a result of the improper care.

As our lawyers have reported in a previous Maryland nursing home blog post, sepsis is a deadly blood disease that develops when an infection in the body spreads quickly—causing blood poisoning, tissue damage and often organ failure. It is reported that every year, over 200,000 people die from different forms of sepsis. Sepsis is dangerous with nursing home residents, as their immune systems are often weak.

Daughter Sues Sunny Hill Nursing Home for Wrongful Death, Negligence

July 15, 2011 | Lebowitz & Mzhen

In recent news that our Baltimore nursing home lawyers have been following, a nursing home resident’s daughter in a Chicago-area home claims that the nursing home neglected to investigate symptoms of her mother’s illness—that allegedly lead to the resident’s wrongful death.

According to Jodine Murphy Sistek, who has filed a wrongful death lawsuit against Sunny Hill Nursing Home, her mother, Pauline Benedict lived as a resident at the home for over three years. In the days before her death, Benedict reportedly complained to the nursing home staff of stomach pains that according to the wrongful death lawsuit, were symptoms of a bowel distention.

Sunny Hill is being accused of ignoring Benedict’s stomach pain complaints, neglecting to tell her physician or family about her medical condition, and failing to immediately send the resident to the hospital. Benedict was reportedly taken to the hospital on July 8, 2009, and died the following day.

If a Baltimore, Maryland nursing home fails to protect residents from developing symptoms that can result in personal injury or wrongful death, the nursing home could be held liable for nursing home negligence or wrongful death. At Lebowitz and Mzhen Personal Injury Lawyers, our attorneys represent victims and their families in the state of Maryland and the Washington D.C. area who have suffered from nursing home negligence and harm. Call our lawyers toll-free, at 1-800-654-1949, for a free consultation about your nursing home rights.

Family Installs “Granny Cam” to Catch Nursing Home Abuse—Sues for Wrongful Death

July 7, 2011 | Lebowitz & Mzhen

According to a recent Baltimore County nursing home lawyer blog entry, our attorneys discussed recent cases of nursing home abuse and negligence, where hidden cameras or “Granny Cams” were used in nursing homes by families who suspected that their loved ones were being treated with abuse or negligence, and didn’t trust the nursing home staff responsible for their healthcare and safety—filing lawsuits after the abuse was revealed on-camera.

In another recent nursing home abuse lawsuit, the children of an 87-year-old resident of a New Jersey nursing home have sued the home for wrongful death, after the children caught the their mother, who suffered from Alzheimer’s disease, being physically abused by a nurse on a hidden camera placed in her room—which they claim led to her death.

The resident’s children reportedly suspected that their mother was being abused by her nurse, and installed a hidden camera to protect her health and safety. The camera footage reportedly showed the nursing home aide removing the victim’s oxygen mask and negligently, recklessly, and intentionally hitting and abusing her while she was supposed to be providing proper healthcare.

The victim’s family claim that this kind of abuse made their mother suffer, and violated her rights as a citizen and as a nursing home resident—as all nursing home residents under law are entitled to receive quality care and attention in an environment that improves and maintains the quality of their mental and physical health.

Nursing Home Sued Again for Wrongful Death and Negligence

July 1, 2011 | Lebowitz & Mzhen

In a recent Maryland nursing home lawyer blog, our attorneys discussed a nursing home negligence lawsuit filed by the widow of a resident—who claims in the suit that while her husband was staying in the Madison Manor nursing home, his foot infection was not properly cared for, leading to the amputation of his leg, and wrongful death.

In a related report, the same Madison Manor nursing home has been sued again by the son of a former resident who says the home failed to properly care for his mother, leading to nursing home negligence and wrongful death.

In this second lawsuit, filed just a month after the home was sued for negligence, David Drury claims that the nursing home owners, operators and staff knew that the facility could not provide the minimum standard of healthcare that was promised to his mother, Lena McKinney, causing her to suffer an accelerated deterioration of health and physical condition that was far beyond what is caused by the normal process of aging.

Drury claims that while his mother was a resident of the home from December of 2008 to July of 2009, she experienced nursing home negligence that led to fluid imbalance and malnutrition, weight loss, poor hygiene, nursing home falls, and infections including urinary tract infections and sepsis that led to acute renal failure. As our Baltimore nursing home lawyer blog has reported in the past, sepsis is a serious blood infection in the body resulting in blood poisoning, and can be a lethal condition if it progresses rapidly, leading to organ failure.

Widow Files Lawsuit for Nursing Home Negligence and Wrongful Death

June 24, 2011 | Lebowitz & Mzhen

Last month, the widow of a former resident at Madison Manor nursing home filed a nursing home negligence lawsuit against the Kentucky home, after she claims the nursing home neglected to care for her husband’s foot infection—which led to leg amputation and wrongful death.

According to a Richmond Register report, that our Baltimore nursing home attorneys have been watching develop, Donna Anderson claims that while her husband Robert was a patient at the Richmond Health and Rehabilitation facility/Madison Manor from April to May 2009, the home contributed to the deterioration of her husband’s physical health condition—that was far beyond the normal process of aging.

Anderson claims in the suit that her husband, Robert, suffered severe pain and suffering, disability, mental anguish, and disfigurement while he was a resident in the home, as well as loss of personal dignity, because of the negligent care in the nursing home.

The lawsuit also states that Anderson’s infection spread because the home did not take the necessary steps to provide proper care and hygiene, as well as taking necessary precautions to prevent malnutrition. As our Baltimore nursing home lawyer blog has reported in the past, key nutrition and a healthy diet that is rich in vitamins and minerals can be an important step to the prevention, healing and recovery of nursing home infection. Anderson also claimed that her husband’s care records were not properly maintained, and that his symptoms and pain were not properly monitored.

Nursing Home Resident Dies in Heat Wave—Home Investigated for Negligence

June 17, 2011 | Lebowitz & Mzhen

Last year’s east coast heat wave in July led to the closing of Baltimore, Maryland’s Ravenwood Nursing Home and Rehabilitation Center, as our Baltimore nursing home lawyer blog discussed, moving 150 residents out of the facility, as well as 70 residents from Liberty Health and Rehabilitation Center, after the air condition systems in both homes experienced malfunctions, failing to keep residents safe and cool in the dangerous heat.

Maryland officially issued a “Code Red – Heat Alert” cautioning all licensed health care and residential facilities in the state to implement the necessary precautions to make sure to protect the health and safety of all residents inside, while the outside temperatures were hovering at around 100°F.

Earlier this month, Milwaukee, Wisconsin health officials also warned residents to use caution in the current heat wave, as a nursing home resident was left in the scorching heat by caretakers for over three hours, which could have caused his wrongful death.

Martin Belkin, a 69-year-old resident who lived at Sunrise Care Center, reportedly asked to be taken outside to enjoy the warm summer weather. Belkin was left sitting from 2:45 p.m. until 6 p.m. and was unsupervised, according to the Medical Examiner’s office.