Maryland Nursing Home Lawyer Blog

Nursing Assistants Sentenced to 2 Years For Taking Derogatory Photos Of Helpless Residents

January 27, 2011 | Lebowitz & Mzhen

Our Baltimore County nursing home attorneys were stunned to see the recent details revealed in a nursing home abuse sentence from this month, where two women working at a Tennessee nursing facility were given a two-year prison sentence for engaging in the abuse of elders by taking video and photos of severely disabled residents on a cell phone in degrading and helpless positions.

According to the Knox News Sentinel, two Pigeon Forge Care and Rehabilitation Center nursing assistants, Mary Ann Burgess and April Longmire, 52 and 37, were indicted after the TBI, the Tennessee Bureau of Investigation found that the two certified nursing assistants took photos at the center from 2007-2009 that were, according to Judge Richard Vance, the Sevier County Circuit Court Judge, shocking, offensive and reprehensible.

The duties of the two women included changing, dressing and feeding adults in the home who were severely disabled, from mild dementia to severe Alzheimer’s disease. According to the TBI, the photos were discovered after a cell phone was turned in and administrators tried to figure out who the missing phone belonged to. After TBI interviews, it was determined that Longmire was the owner of the phone, who is also stated to be one who instigated taking the photos.

Photos that were taken by Burgess and Longmire reportedly include images of naked elderly residents in helpless positions lying on the floor, in the bathroom, or in their beds, as well as abusive and degrading shots of some residents attempting to eat while food fell from their mouths.

Man Sentenced to 17 Years in Prison for Nursing Home Rape of Elderly CA Resident

January 26, 2011 | Lebowitz & Mzhen

In recent news, a 43-year-old man was sentenced to 17 years in California state prison for the 2002 assault and rape of a woman residing in a Palo Alto, California nursing home.

As our Baltimore, Maryland employment attorneys previously reported on this case in a blog, Roberto Recendes pleaded guilty in October of last year to one count of sexual penetration by force, one count of elder abuse, and also pleased guilty to a penalty enhancement for inflicting bodily injury on the elderly woman.

Recendes was only linked to the 2002 crime when a DNA sample was taken from him after he was convicted of domestic violence in 2004. Two years after the conviction, his DNA was matched to the sample taken at the nursing home rape crime scene. In 2002, the case drew national attention, after a high school student was arrested by the Palo Alto police, and reportedly forced to confess to the nursing home abuse and rape crimes. The student was later exonerated of the crimes due to the DNA evidence.

As our Prince George’s County nursing home attorneys have stated in a previous blog, under the federal Nursing Home Reform Act of 1987, residents have the right to live in a nursing home environment that is safe, and provides quality care and attention that improves and maintains their highest mental and physical well being, and is free from nursing home abuse and negligence.

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.

CA Judge Accepts $50M Nursing Home Lawsuit Settlement from Skilled Healthcare

December 24, 2010 | Lebowitz & Mzhen

In recent blog, our Baltimore, Maryland nursing home negligence attorneys discussed the recent announcement by the California nursing home operator Skilled Healthcare Group Inc., who offered an over $50 million lawsuit settlement to avoid paying the $677 million verdict in damages, awarded by a Humboldt County jury earlier this year after a year long nursing home negligence trial.

According to the San Francisco Chronicle, a judge recently approved the nursing home operator’s agreement to pay almost $63 million to settle the nursing home negligence lawsuit, after the company claimed it would face bankruptcy if forced to pay the $677 million verdict to the former and current patients of the home.

In the July verdict, the jury found that Skilled Healthcare violated state regulations by neglecting to properly staff the legally mandated number of nurses required for duty in the 22 facilities throughout California, leading to the nursing home neglect of the residents.

The company reportedly agreed to pay $50 million to the nearly 32,000 patients who lived at one of Skilled Healthcare’s 22 homes in California, and to their lawyers. According to California State law, nursing homes are required to provide 3.2 hours of direct skilled nursing care per day, per patient, so Skilled Healthcare will also reportedly pay around $12.8 million to comply with the California mandated staffing levels. In exchange, the Plaintiffs reportedly agree to formally dismiss the original verdict.