Wrongful Death in Nursing Homes

Husband Sues Over Wife’s Preventable Death in Nursing Home

January 31, 2011 | Lebowitz & Mzhen

In a recent lawsuit that our Washington D.C. nursing home attorneys have been following, an Illinois nursing home has recently been sued for nursing home neglect for failing to properly care for a resident and to detect healthcare problems that allegedly led to the resident’s death.

According to the lawsuit, 63-year-old Carol Harrison was admitted to Maple Ridge nursing home in June of 2009 in an effort to help wean her from the ventilator that she was put on after going into a coma during an operation performed to remove a tumor from her lungs. The operation was reportedly successful, and after she emerged from a coma, Harrison was expected to recover and return home.

The lawsuit, filed by Harrison’s husband Thomas Harrison, claims that while a resident of the Maple Ridge nursing home, the home neglected to properly care for his wife, and due to a 16-hour delay in discovering a health problem that was later revealed to be deep-vein-thrombosis, Harrison was forced to endure a leg amputation that led to her alleged quick demise and death on August 1, 2009.

This is the second nursing home death that Maple Ridge has been linked to from 2009. The home reportedly paid the state a $6,500 fine in connection to the failure to resuscitate a dying female resident in 2009, three months before Carol Harrison’s death.

As our nursing home attorneys in Washington County reported in a recent blog, according to the Resident’s Bill of Rights under the Nursing Home Reform Act of 1987, all residents are entitled to have their medical, social, physical and psychological needs accommodated, as well as the right to exercise self determination, their right to resuscitation, and to experience in advance with full disclosure about any possible changes in treatment, health care, or status within the nursing home.

Nursing Home Owner Pays Family $3.5M For Neglecting Resident’s Penile Cancer

January 25, 2011 | Lebowitz & Mzhen

A 3.5 million nursing home negligence settlement has been reached in the lawsuit against Washington-based Everett Care & Rehabilitation, that our Prince George’s County nursing home injury lawyers discussed in a recent blog, where the family of 97-year-old nursing home resident Charles Bradley sued the home for abuse and negligence after the resident tragically suffered from penile cancer that allegedly led to his wrongful death.

According to the lawsuit, in 2007, a nurse told the home’s care manager that Bradley was experiencing skin breakdown on his penis that needed treatment. The care manager allegedly neglected to tell the doctor about Bradley, who had been a resident since 2004. Four months after the initial report, Bradley started to lose weight due to an infection of the wound, yet allegedly continued to receive no care and remained untreated.

By the time Bradley reached the emergency room in March 2008, the doctors reportedly discovered a gaping skin wound and a severe infection that had led to the total disintegration of his genitalia. The court documents claim that Bradley’s skin wound was neglected and went untreated for months in the nursing facility, developing into life threatening penile cancer. Bradley died just over two weeks after entering hospital.

Washington State Department of Social and Health Services (DSHS) reportedly began investigating Bradley’s case before his death, and cited the center for failure to provide a federal standard of care for Bradley as required by law.

The owner of Everett nursing home reportedly agreed to pay Bradley’s family $3.5 million, after the family sued Everett Care & Rehabilitation in 2009 for nursing home abuse and neglect for failing to protect and care for the elderly and for failing to provide Bradley with his lawful right to great nursing home care as well as his daily basic nursing home needs—causing serious harm to Bradley that allegedly resulted in his wrongful death.

Three New York Nursing Homes Hit With Violations Due to Negligence

January 19, 2011 | Lebowitz & Mzhen

According to a recent news development that our Baltimore, Maryland nursing home attorneys have been watching, three nursing homes in New York State are facing huge state and federal penalties for nursing home violations that allegedly include nursing home negligence for failure to treat pressure sores, and failure to follow the advance wishes of residents who are terminally ill.

The Long-Term Care Community Coalition, a watchdog and advocacy group that tracks the enforcement of New York State nursing home laws, reported that Somers Manor Nursing Home will pay over $28,000 in fines after state inspections found the home to have a major problem failing to ensure that its residents’ “do-not-resuscitate” (DNR) wishes were not being followed, putting some residents at risk, by subjecting them to the painful resuscitation process when they have specifically asked not to be.

Northern Riverview Health Care Center, another home that received fines recently, will reportedly pay over $22,000 in fines for not properly preventing and treating pressure sores, or decubitus ulcers. As our Baltimore nursing home injury attorneys discussed recently in a blog, bed sores often occur when a resident is lying in one position for long periods of time without movement, restricting blood circulation. Bed sores can be prevented, and failure to do so can result in nursing home negligence or even lead to wrongful death.

Dumont Masonic Home reportedly paid $20,000 in sanctions last year, for failing follow proper procedures while renovating the nursing home building, which could have led to personal injury of its residents.

Nursing Home Fined 12K, Sued For Negligence after Medication Mix-up

January 12, 2011 | Lebowitz & Mzhen

In recent news that our Baltimore nursing home injury attorneys have been following, a nursing home in New York was fined $12,000 after a resident was given the wrong medication over the course of 18 days, allegedly leading to her wrongful death.

According to the Associated Press, 94-year old Geraldine Burke, a resident of Cayuga County Nursing Home, was prescribed a medication for her thyroid last year. According to an investigation that was performed by the New York State Health Department, Burke was given a diuretic and blood pressure medication instead of her prescribed thyroid drug.

The investigation also reportedly discovered that the medication mistake was made by a technician at HealthDirect, the pharmacy filling Burke’s medication, by confusing methimazole, the thyroid medication Burke was prescribed, for metolazone, a diuretic and blood pressure medication, as the two medications have similar looking names.

The nursing home and pharmacy reportedly both neglected to catch the mistake, and Burke was given the diuretic 11 times over 18 days, which prompted the state Heath Department to fine the nursing home. Burke reportedly died due to heart problems that resulted from kidney failure, worsened by the diuretic. Burke also suffered from a number of other health conditions.

Caregiver Receives Prison Sentence for Nursing Home Negligence

January 6, 2011 | Lebowitz & Mzhen

A recent special report entitled “Seniors for Sale,” published by the Seattle Times, uncovered hundreds of cases of nursing home abuse, negligence and wrongful death in adult homes in Washington, where seniors had been injured or died as a result of neglect or substandard care in adult homes, often by receiving care from healthcare providers who were not properly trained.

As nursing home neglect lawyers based in Baltimore, Maryland, we have been following the recent news that in one of the cases, the former owner of an adult family home received a one year prison sentence for her role in the nursing home negligence and wrongful death of an 87-year old at Houghton’s Lakeview adult home.

According to the Seattle Times, 62-year-old Patricia Goodwill pleaded guilty to second-degree criminal mistreatment, for creating a substantial risk of death for resident Jean Rudolph, by failing to protect the elderly woman from developing pressure sores, and for failing to ensure proper care. Rudolph reportedly died of pressure sores that were untreated, and suffered greatly for three weeks prior to her death without proper treatment for her wounds.

As our Maryland nursing home attorneys discussed in a previous blog, elderly or immobile residents are at great risk for pressure sores, and one small inflammation can quickly develop into a deep crater that can be extremely painful, hard to heal, and can cause serious infection. It is important for nursing homes and adult care facilities to practice pressure sore prevention and treatment, to avoid nursing home neglect or wrongful death.

Steps to Prevent Bedsore Development in Nursing Homes

December 30, 2010 | Lebowitz & Mzhen

In a recent blog, our Maryland nursing home attorneys discussed nursing home negligence and the prevalence of pressure sores plaguing elderly and immobile residents in nursing homes across the country, as well as the importance of pressure sore prevention to avoid nursing home injury or wrongful death.

Pressure ulcers commonly develop on areas of the body that are bony and close to the skin, with less padding by muscle and fat. Common areas include the tailbone, heels, hips, ankles, tailbones, shoulder blades, elbows, backs, shoulders as well as the back of the head. With pressure sores, one small inflammation can quickly develop into a deep crater that can be extremely painful, hard to heal, and can cause infections that are life-threatening.

To prevent bedsores, also called pressure sores, or decubitus ulcers, it is important to avoid lying directly on bony areas, as they are prone to pressure sore development. The Mayo Clinic recommends:

• If lying on your side, try lying at a 30-degree angle.
• When lying on your back, always support your legs with a pillow or soft pad from the middle of the calf to the ankle, to increase blood flow.
• Try to keep bony areas like ankles and knees from touching.
• Try and avoid raising the head of the bed more than 30 degrees, as this could cause the resident to slide down and increase friction. If the bed needs to be raised to a high height, pillows or foam wedges should be placed on hips and shoulders to help maintain proper alignment to reduce any rubbing.
• Patients who are lying down should be moved every two hours, and if in a wheel chair, should be manually moved every 15 minutes.

• Try mattresses and wheelchairs that are pressure-reducing.

For elderly or post-surgery residents who are immobile, diet is an essential part of pressure sore prevention and healing, as balanced meals supply the necessary nutrients needed to keep residents healthy. The Mayo Clinic recommends to:

• Eat smaller meals more frequently, to help ensure that residents are getting enough calories, protein, minerals and vitamins.
• Take advantage of times when residents have a hearty appetite, like when they are rested in the morning.
• Limit the amount of fluids given to residents during mealtime. Liquids can prevent a resident from eating higher calorie foods.
• If swallowing is a challenge, pureed foods, shakes and soups with protein can be easier to ensure calorie intake.

• Never rush a resident’s mealtime.

For families who have loved ones in a nursing home or care facility, it is also important to check the resident’s condition with each visit. The resident’s skin condition, weight, and general healthcare should be monitored with each visit, as well as weight. If there are any signs of nursing home neglect, like pressure sores, the nursing staff and doctor should be contacted immediately.

Nursing Home Negligence—The Four Stages of Pressure Sore Development

December 29, 2010 | Lebowitz & Mzhen

In a recent blog, our Washington D.C. nursing home injury lawyers discussed nursing home negligence, and the danger of pressure sores in nursing homes today. Pressure sores, also known as decubitus ulcers or bedsores, affect around one million people across the country with nearly 60,000 people dying each year from complications of the very advanced stages of pressure sores, like osteomyelitis, a bacterial inflammation of the bones, and sepsis, an infection of the blood.

Pressure sores often develop as a result of nursing home negligence, when nursing home residents are immobile, confined to their beds or wheelchairs, have circulation problems, debilitating illnesses, incontinence, diabetes, dementia or other mental disabilities that lead to decreased mobility. When a nursing home resident sits or rests in the same position for long time periods without being moved by the nursing home staff, the circulation of blood to the skin is cut off, leading to the breakdown of skin, and pressure sores can rapidly develop.

There are four stages of pressure sore development, starting with Stage I, where an area of skin becomes red and discolored. In Stage II, the red area develops into a scrape or blister that forms an open sore, which results from the skin deterioration. If the wound is not cared for immediately, the skin continues to breakdown, leading to Stage III, where there is a greater degree of soft tissue loss beneath the surface of the skin, forming a shallow crater. With a Stage IV pressure sore, the crater becomes deeper, in some cases as large as a grapefruit, and the bone and muscle can be severely damaged, as well as joints and tendons. There is serious pain and depression associated with Stage IV pressure sores, and the deep craters can lead to life-threatening infections like osteomyelitis or sepsis, that can lead to nursing home injury or wrongful death.

As our nursing home attorneys in Washington D.C. discussed in a related blog, pressure sores are preventable, and at-risk residents should receive daily skin inspections for pressure sores, especially the bony areas of the body. Every two hours, bedridden residents should have their positions changed to relieve pressure on the skin, and every 15 minutes while sitting in a wheelchair. Residents should also have their skin protected from dampness caused by wound drainage, sweat, or incontinence. Some residents may benefit from a mattress or pad to relieve pressure on the skin, along with other technology designed to prevent pressure sores and nursing home injury. All nursing home residents should be also be given a healthy diet that is rich in vitamins and minerals to assist in pressure sore prevention and healing.

Nursing Home Sued For Failing to Prevent Resident’s Death from Pressure Sores, Falls

December 27, 2010 | Lebowitz & Mzhen

In recent news that our nursing home injury attorneys in Baltimore, Maryland have been following, the wife of a nursing home resident who died last year after suffering from multiple nursing home falls as well as an infected pressure sore, has filed a lawsuit against the Illinois nursing home, seeking more than $50,000 in damages for nursing home negligence.

According to the lawsuit, Ralph Shafer was admitted to the nursing home in September of 2007, after suffering from two strokes, with signs of hypertension, dementia, and diabetes, among other health concerns. Shafer, who was 87 at the time, was reportedly at risk for nursing home falls, and according to Shafer’s wife, the nursing home facility failed to prevent his frequent falls. One tragic fall in 2008 led to a massive nursing home injury, where Shafer broke his hip and required surgery.

Shafer’s wife is also accusing the nursing home of failing to prevent the infection of a pressure sore on Shafer’s ankle, that reportedly developed as a result of his diabetes. Shafer died in April of 2009 from gangrene and osteomyelitis at the site of the wound, as well as complications from advanced dementia.

Osteomyelitis is a bacterial inflammation of the bones, that can develop when a Stage IV pressure sore causes severe damage to the skin, muscle and bone. As our Maryland nursing home injury lawyers discussed in a related blog, if a nursing home resident is bedridden, in a wheelchair, immobile with diabetes, has circulation issues or mental disabilities, and incontinence, the residents should be checked daily for pressure sores, and moved every two hours to relieve pressure and prevent skin breakdown that leads to pressure sores. The primary goal of pressure sore treatment is preventing them before they start.

Children of Hollywood Actor Gene Barry Sue Nursing Home for Elder Abuse and Negligence

December 15, 2010 | Lebowitz & Mzhen

Our Baltimore nursing home injury attorneys have been following a recent lawsuit filed by the children of well-known Hollywood film and television actor Gene Barry, who allege that a nursing home neglected to monitor the actor’s health after he suffered a tragic nursing home fall, which led to his death.

Barry was reportedly admitted to Sunrise of Woodland Hills nursing home in stable condition in June of 2009 at the age of 90, even though the home was not equipped to properly care for the actor’s health needs, as he suffered from dementia and Alzheimer’s disease.

Barry’s children allege that their father suffered a devastating nursing home fall at the facility in December of 2009, that left him with major head injuries, brain damage, broken ribs, and an injury to his hip. The lawsuit claims that after Barry’s fall, the nursing home failed to notify a doctor and Barry’s children, and for four days he was neglected while he suffered in great pain. According to Barry’s family, this nursing home fall caused his wrongful death.

Barry’s children state that the nursing home staff, management and corporate officers are liable for nursing home negligence, elder abuse, wrongful death and nursing home fraud, in relation to the tragic incidents that led to Barry’s death. The suit claims that Barry was not properly assessed during the pre-admission process in the home, and the facility staff and management reportedly falsely represented the home to Barry’s children—as Barry was promised a nursing home environment filled with a proper standard of care that he was legally entitled to. The complaint alleges that the facility fell short of this promise, and was not equipped to handle Barry’s needs.

Reducing Nursing Home and Hospital Falls to Prevent Patient Injury

December 7, 2010 | Lebowitz & Mzhen

Our Washington D.C. nursing home injury attorneys recently discussed the prevalence of falls in nursing homes and hospitals in a blog, and how to reduce the number of falls that can result in nursing home resident injury and wrongful death throughout the nation.

The CDC reports that over 1,800 residents die each year from falls in nursing homes. Injuries sustained from nursing homes and hospital falls can be frequent, debilitating, and expensive health care issues for elderly adults to face. As the CDC reports, finding ways to prevent fall-related injuries with elderly residents in nursing homes and hospitals is extremely important in preventing future injuries.

Elderly residents who are weak, have difficulty caring for themselves or have difficulty walking, are often prone to nursing home or hospital falls, along with patients who have chronic health conditions, or memory problems like Alzheimer’s or dementia.

According to Dr. Ronald I. Shorr, MD, in hospitals, there are generally two types of patients who fall: patients who are frail, and patients who don’t want to interrupt or bother the hospital staff. Hospital providers have reportedly found success in preventing falls by installing alarms, scheduling the administration of medication to prevent falls, redesigning rooms to have bathrooms closer to beds, and updating fall-risk assessments that are shared with healthcare teams and patients, while they are hospitalized and after they leave to return home. Shorr is reportedly in the middle of a study funded by the National Institute of Health on how to prevent falls.