Maryland Nursing Home Lawyer Blog

University of Maryland Study Shows Correlation Between Patient Turnover and Poor Nursing Home Quality

February 17, 2014 | Lebowitz & Mzhen

Earlier this month, two studies came out of the University of Maryland that examined why many nursing homes are providing inadequate care to their residents. The answer will probably not surprise many who have stayed in a nursing home themselves or had a loved one stay in a nursing home: The studies show that high turnover rates among staff members have a detrimental effect on overall nursing home quality, as well as the quality of care offered by the nursing home.

A recent article by Infection Control Today details a few of the studies’ findings, including one that suggests high Certified Nurse Assistant (CNA) turnover results in an increase chance that a patient will suffer from a pressure ulcers, pain, or a urinary tract infection. The basis conclusion of both studies is that preventing nursing home staff turnover should be a higher priority for nursing home management.

Nursing Home Management in Maryland

While these studies indicate that an increase in CNA turnover increases the odds of health problems in nursing home patients, the fault does not all lie with the individual CNAs. Nursing home management is charged with making many of the staffing decisions that lead to the high turnover in the first place. If nursing home management does not create a healthy, pleasant working environment, high turnover is inevitable.

Indiana Nurse Prosecuted for Death of Elderly Nursing Home Resident

February 10, 2014 | Lebowitz & Mzhen

A former nurse is on trial for her role in the death of a 77-year-old nursing home resident that occurred last December. According to a story by WCPO Cincinnati, a witness who was at the nursing home visiting her mother witnessed the abuse that led to the patient’s death.

Apparently, during the woman’s visit with her mother, she witnessed the nurse “yelling at the patient, physically trying to move her from the walker in a pretty violent matter.” Later, the patient lost consciousness in the bathroom, and within 15 minutes she was dead.

About one week later, once allegations of wrongdoing came to light, the nurse was fired by the nursing home facility. In a public statement, the nursing home explained that, “[t]he facility is fully cooperating with local authorities in their investigation and will continue to remain committed to providing quality care to the residents on a daily basis.”

The nurse will go to trial later this year and is facing a prison sentence of up to 20 years.

Ohio Nursing Home Sued for Providing Inadequate Care

February 3, 2014 | Lebowitz & Mzhen

Last month, a former resident of the Hickory Creek of Athens nursing home filed charges against several owners, operators, and supervisors of the nursing home, alleging inadequate care. Specifically that the nursing home and its employees caused him “to lose his personal dignity and extreme and unnecessary pain, degradation, anguish, and emotional trauma.” According to a report by AthensOhioToday.com, the plaintiff was admitted to the nursing home in September 2012 and was a resident until January 2013. While it is not known why the plaintiff entered the facility, he claims that he “suffered catastrophic injuries, extreme pain, suffering, and mental anguish” while a resident.

The plaintiff claims that the owners and management of the nursing home were aware of the dangerous conditions present at the time of his residency. While he cannot identify all parties in the suit—listing several “John Does” as temporary placeholders until their names are revealed—he explains that supply shortages and understaffing problems were the cause of the inadequate care. Specifically, the plaintiff’s claims against the nursing home are for corporate negligence, medical malpractice, premises liability, fraud, and breach of duty.

Similar Problems Maryland Nursing Homes

Like the nursing home above, Maryland nursing homes are notorious for providing inadequate care to their residents. The reasons for the inadequate care are numerous; however, all the reasons relate to one fact: nursing homes are for-profit enterprises. Because of this, nursing home administrators are often incentivized to provide as little as possible to the residents. As long as the beds are filled, nursing homes are getting paid.

Red Flags that Nursing Homes Are Providing Inadequate Care

In most cases, the person staying at the nursing home is in the best position to understand what kind of care the nursing home is providing. However, the reality is that many times residents of nursing homes cannot affect the change on their own. Therefore, they will often reach out to family members. Here are a few red flags that may indicate that a nursing home is not providing the necessary standard of care for your loved one:

Central Texas Nursing Home Faces Wrongful Death Suit for Allegedly Providing Negligent Care

January 27, 2014 | Lebowitz & Mzhen

Earlier this month, the family of a recently deceased 81-year old man filed charges in a central Texas court alleging that the nursing home the family placed the man in provided negligent care that led to the man’s death. According to a report by the Waco Tribune, the family admitted the elderly man in December of 2011 after a fall had rendered him in need of constant care and attention.

The elderly man, who suffered from Alheimer’s and Parkinson’s, died in September of 2012, “after months of severe and agonizing pain and suffering” caused by a series of pressure ulcers that worsened into a more serious, life-threatening condition.

The man’s family claims that there was nothing about his condition that made the pressure ulcers unavoidable. They note that pressure ulcers are an avoidable condition that merely require the proper level of care and attention. Instead, the family claims, the pressure ulcers were a result of the negligent care provided by the nursing home facility. The man had never suffered from a pressure ulcer before being admitted to this particular nursing home.

Former Maryland Nursing-Home Operator Ordered To Pay Restitution to Victim and Serve Three Years in Prison for Neglect

January 20, 2014 | Lebowitz & Mzhen

Earlier this week, a man was sentenced in Washington County for the neglect of an 84-year-old woman who was placed in the care of the man’s Boonsboro assisted living facility. According to a report by Harold Mail Media, the man pled guilty to neglect of a vulnerable adult for his role in the 2012 injuries suffered by a resident of his assisted living facility when she fell through the floor in a second-story bathroom. Apparently, the manager failed to properly cordon off the second-story bathroom. The accident left the elderly woman—who also suffers from dementia—without the ability to walk.

While this accident may seem shocking, what is even more upsetting is how it was handled by the manager. The manager reported that he heard a noise and, upon investigating, found the woman lying on the floor with a hole above her in the ceiling. When police responded to a possible assault on the elderly woman a few days later, the manager told police what happened, but said the woman did not sustain any injuries. However, in subsequent talks with the woman’s doctor, it came out that she had suffered a broken ankle, several broken ribs and vertebrae, a broken pelvis and a head injury likely all caused by the fall. The assisted living manager claimed that he “panicked” and didn’t know what to do.

At sentencing, the manager was given an eight year prison sentence, five years of which were suspended in favor of probation. In addition, he was ordered to pay the victim nearly $15,000 in restitution.

Peak Flu Season Is About to Hit Maryland Nursing Homes, Be Prepared

January 13, 2014 | Lebowitz & Mzhen

As if the cold temperatures of winter are not bad enough, every January and February “Flu Season” comes around, putting an extra damper on anyone’s season who is unlucky enough to contract the persistent and infectious disease. However, for some the flu is more than a pesky illness that requires we use a few sick days from work. To the elderly, the flu can be a life threatening illness.

One recent article by the Frederick News-Post notes that, while Frederick Memorial Hospital requires all hospital staff to be vaccinated, nursing home employees are not required to get the flu vaccine. Considering that nursing home employees work with an extremely vulnerable population—the same as the hospital employees—a nursing home employee’s failure to get vaccinated may have devastating repercussions, should an outbreak hit a nursing home.

The Effects of the Flu on the Elderly

To most of us, getting the flu means that we will have to take a week off of work, at the worst. However, the elderly are an especially vulnerable population. In fact, according to the government website, flu.gov, 90% of all flu-related deaths occur in people over the age of 65. This is due mostly to the fact that, as we age, our immune systems grow weaker and have a more difficult time fighting off the flu virus.

Finding a Safe Nursing Home for Your Loved One in Maryland

January 6, 2014 | Lebowitz & Mzhen

Rarely does anyone look forward to putting a loved one in a nursing home. Ideally, we would all be able to provide the care that our aging friends and relatives need in their final years. However, the reality of life often prevents us from doing so and many of us will require the services that a nursing home provides at some point in our lives.

However, nursing homes have a bad reputation, and for good reason. The instances of nursing home abuse and neglect seem incredibly high these days. In fact, a recent study conducted by the federal government found that 1 in 3 nursing homes were cited with some kind of violation that could have caused harm (or actually did) to one of their residents. With all the bad nursing homes out there, how can you be sure that you are selecting a good one for your loved one?

How Do Maryland Nursing Homes Stack Up?

Maryland nursing homes rank below average with the quality of care they provide to their residents. According to the 2013 Nursing Home Report Card, Maryland was given a “D.” Below are just a few highlights from the Report:

Approximately 95% of all Maryland nursing homes were deficient in some manner.
Approximately 17% of all Maryland nursing homes were reported to have “severe deficiencies.
Maryland was ranked 34 out of the 50 states when it comes to nursing home care.

Court of Appeals Upholds Center for Medicare and Medicaid Service’s Findings Regarding $85,000 Fine and other Findings in Nursing Home

December 27, 2013 | Lebowitz & Mzhen

A U.S. Court of Appeals recently sided with the federal government in regards to several federal law violations in a nursing home, which culminated in a patient’s attempted escape.

In the case, MISSISSIPPI CARE CENTER OF GREENVILLE v. United States Department of Health and Human Service, U.S. Ct. App, 5th Cir. (2013), a resident of a Mississippi nursing home left the facility without supervision or permission, and wandered out into the street. Luckily, the man was spotted by a staff member, and safely returned to the facility.

As a result of the incident, the Centers for Medicare & Medicaid Services found that, as a result of the facility’s inability to prevent such incidents, the nursing home’s residents were in immediate jeopardy. The facility was subsequently fined $85,000 and ordered to amend its policies and procedures. The facility then requested a hearing before an administrative law judge and, upon an adverse ruling, appealed to the administrative review board. The administrative review board upheld the ALJ’s findings. On appeal to this court, the facility challenged the Center for Medicare and Medicaid Service’s factual findings and determination that the Center’s residents were in immediate jeopardy.

Egregious Case of Nursing Home Neglect Leads to Federal Lawsuit

December 18, 2013 | Lebowitz & Mzhen

An Iowa woman’s death has reportedly prompted a federal lawsuit brought by her husband and granddaughter, seeking damages for wrongful death, and loss of consortium.

The nursing home resident reportedly died under circumstances in which state investigators discovered that the woman had fallen more than 50 times prior to her death. While it is unclear whether the investigation was limited to this case, the facility was fined more than $10,000 in relation to the woman’s case and for another matter that was uncovered.

The lawsuit, which was reportedly filed in federal court, cites to at least 23 occasions, known to the plaintiffs, in which the family was aware that the woman fell. The documents further allege that the facility failed to adequately notify the family regarding the falls.

Doctor Employed by Federal and State VA skirts Federal Claims in Nursing Home Negligence Lawsuit

December 10, 2013 | Lebowitz & Mzhen

A recent case that alleged harm under the Federal Tort Claims Act, DUCKWALL-KENNADY v. US, Dist. Ct., ED Ky. (2013), was dismissed due to the court’s finding that the doctor defendant was not acting within her scope of employment as an on-call doctor for Federal Veteran’s Agency, but rather in her capacity as a treating doctor for a state Veteran’s Agency.

The case alleged that the plaintiff’s husband became a patient of a veteran’s affairs center, called the Thomson Hood Veterans Center (“THVC”), which was owned and operated by the Kentucky Department of Veteran’s Affairs. According to the plaintiff, her husband suffered an accelerated deterioration of his health, ultimately resulting in his death, due to the physicians who worked in the home failing to take proper care of him.

The doctor who provided care for the plaintiff’s husband was simultaneously employed by the Kentucky Department of Veterans Affairs at THVC, where the plaintiff’s husband was a resident, and also maintained “on call” telephonic hours with the United States Department of Veterans Affairs at the VA Nursing Home in Lexington, Kentucky. While her patient, the doctor only provided care to the plaintiff’s husband at the THVC.