March 3, 2010

Staffing Ratios at Nursing Homes Must be Mandated

It has been well documented that nursing home staffing ratios and quality of care go hand in hand. According to a recent article from My Elder Advocate, sufficient nursing home staff are needed to ensure that residents have proper nutrition, disease management and that they are turned and repositioned frequently to prevent pressure sores. A 1996 study from the Institute of Medicine found that staffing ratios have a great effect on the nutrition of nursing home residents. Understaffed nursing homes are more likely to have patients who suffer from dehydration, malnutrition and associated conditions.

It is time that nursing home legislation reflect the need for greater staffing. Since the over 65 population will increase by 60% between 2004 and 2030, this is the time to enact such legislation. Nursing home legislation should require ratios to patients in order to ensure that there is sufficient staff to care for our aging population. Unfortunately, nursing home legislation to require ratios has not passed nationally. This is because people argue that this would increase the cost of running a nursing home. Yet, how can you put a price on patient care?

Studies show that raising staffing ratios can cut down on operating costs. It has also been found that understaffing in nursing homes does not help the nursing shortage. Many nurses refuse to work in nursing homes because of the poor working conditions prevalent in understaffed homes. Many nurses have changed professions or gone to part-time due to the poor working conditions. Therefore, new nursing home legislation must be enacted to ensure that there is proper care in all nursing homes, regardless of their monetary position. To read more on nursing home staffing, follow the link.

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Posted In: National Nursing Homes, Legislation, Nursing Home Staff News

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February 11, 2010

Illinois Nursing Home has Funds Cut Off After Incidents of Nursing Home Abuse

Illinois and federal authorities have stopped funding to the Fox River Pavilion nursing home in Aurora Illinois. This occurred after a series of violent incidents that included the wrongful death of one resident in a fight. State investigators believe that a lack of staffing contributed to the resident-on-resident attacks at the 98-resident nursing home in Aurora. They found that the staff failed to properly monitor and treat aggressive mentally ill felons housed there. The problem of inadequate staffing has become widespread in Illinois. Illinois has the highest ratio of mentally ill patients housed with the elderly. Many of these psychiatric patients have felony records.

A Chicago Tribune investigation has revealed that the nursing homes with the most felons also have the fewest nursing home staff employees. Fox River Pavilion housed 26 felons and had a ratio of nursing home staff to patients “well below average” than desired. During the wrongful death residents said that no staff were present to control the incident. This termination marks the second time in one month that Medicare and Medicaid Services has cut off funding of an Illinois nursing home. The state has also moved to decertify the Somerset Place nursing home in Chicago.

The Chicago injury attorneys at Levin & Perconti believe that nursing home staffing levels are one of the most important issues that plague modern day facilities. In order to combat nursing home negligence there needs to be a number of well-trained staff members that are employed 24-hours a day. If you believe that a loved one has been injured in a nursing home due to insufficient staffing numbers, please consult an Illinois nursing home abuse lawyer. To read more about this Illinois nursing home, losing funding, follow the link.

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Posted In: Illinois Nursing Homes, Nursing Home Staff, Fox River Pavilion, Incidents, Nursing Home Staff News

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September 20, 2009

Director of Group Home Arrested

Investigators are looking into charges of elderly abuse at a collection of group homes. They have arrested the director of one of the homes after discovering he was on probation for elder abuse and had been ordered to stay away from such facilities. He was convicted last year of causing great bodily harm to an elderly or dependent person and served three months in jail. He is also the target of a nursing home negligence lawsuit filed by the family of a man who drowned in a pool while living in one of his group homes. The man was taken into custody for violating conditions of his probation after initially refusing entry to investigators checking on conditions of the house. The man is also the son of another director who was arrested on 16 charges of elder abuse after police raided the unlicensed board and care facility. This case highlights the importance of doing a thorough examination before placing a loved one in a nursing home. Some nursing homes are ill equipped to deal with the pressures of a nursing home which often times leads to nursing home abuse and negligence. To read more about the nursing home director, please click the link.

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Posted In: Nursing Home Staff, National Nursing Homes, Abuse, Nursing Home Staff News

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September 17, 2009

Nursing Home Fined for having an Unauthorized Worker

Two nursing homes were hit with big fines for having an unauthorized employee. Federal prosecutors say that the nursing home both hired a nurse who had been previously banned from working in facilities that receive federal health care funds, like Medicare. Such bans often result from fraud convictions, although specific details could not be given. The two homes paid $215,000 in fines after the nursing home negligence. Nursing homes must have stringent hiring processes in order to avoid nursing home abuse at the hands of an unqualified employee. If you believe that your nursing home has hired unauthorized workers, please contact the Illinois Department of Health and consult an Illinois lawyer. To read more about the nursing home negligence, please click the link.

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Posted In: Nursing Home Staff, National Nursing Homes, Nursing Home Staff News

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September 4, 2009

Nursing Home Workers should be required to get Flu Shots

While state’s Health Department’s are requiring that health care workers be vaccinated for the flu, they are not requiring the same regulation for employees of nursing homes. One particular state’s law requires that nursing home employees get flu shots but allows workers to refuse the vaccine after being informed of the heath risks. The refusal loophole will put thousands of frail, elderly residents at risk every year. They are more likely to die or be hospitalized from seasonal flu than most other groups. With swine flu sweeping the nation, elderly residents are more likely to contract the flu. While it is more serious in younger people and pregnant women, the elderly are still at risk. All states, including Illinois, should require that nursing home employees receive the swine flu vaccine to avoid nursing home negligence. Also, all visitors should require hand sanitizer before entering an Illinois nursing home. To read more about mandatory swine flu testing, please click the link.

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Posted In: Nursing Home Staff, Nursing Home Staff News

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September 3, 2009

Study shows that Direct Care Workers are Essential to Quality Nursing Home and Home Health Care

The Direct Care Workers (DCWs) are integral to addressing the many elderly family members that live in both nursing homes and need personal care takers. The DCW is also a liaison to the nursing home staff, reporting the care-receiver’s medical and emotional status. The DCW is responsible for the actions of many of the elderly residents. They affect: when and whether the resident gets out of bed; how long the resident has to lie in wet pants; whether the resident’s teeth are brushed; if the nurse is notified of bed sores; whether the resident is malnourished and whether the resident has taken to any morning activities. These are vital activities to both a resident’s day and their stay at a nursing facility. Therefore the DCW is responsible for ensuring that nursing home abuse and negligence does not occur. One way to ensure this is through individualized care plans. Also supervisor training and dementia training can decrease elderly abuse. To read more about the DCW importance, please click the link.

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Posted In: Nursing Home Staff, Nursing Home Staff News, Useful publications

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July 23, 2009

Nursing Home Administrators See Largest Salary Gain in Recent Years

Despite an economic recession and slower compensation gains for nurses, it appears that nursing home administrators’ salaries rose this year to the highest rate in four years. Nursing home administrator salaries have jumped by an average of 4.8%, according to a report by the Hospital & Healthcare Compensation Service. Many nursing home administrators earn over $80,000, with the average salary rising from $85,464 to $89,606. To read more about the nursing home administrator salary increase, please click the link.

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Posted In: Nursing Home Staff News, Useful publications

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July 10, 2009

Results of First Nursing Assistant Survey Published

A 2004-2005 National Nursing Assistant Survey, sponsored by the U.S. Department of Health and Human Services was recently published. The first-ever survey was designed to provide information needed to recruit, retain and expand the direct care workface. Some of the characteristics the survey examined include demographics, career decisions, work experience and training, pay and benefits, work environment, home environment, injuries and vaccinations. Almost half of all CNAs are members of a minority group with their median hourly wage was $10.04. 16 percent had no health insurance and more than half were injured on the job at least once during the previous year. The Gerontologist hopes that the survey “represents a major advance in the data available about CNAs in nursing homes and provides a rich resource for evidence- based policy, practice, and applied research initiatives recruitment and retention efforts.” Hopefully, this report will help Illinois nursing homes decrease elderly abuse and neglect. To read the nursing home study, please click the link.

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Posted In: Nursing Home Staff, Nursing Home Staff News, Useful publications

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December 22, 2008

Former Nursing Home Aide Arrested

A former nursing home’s aide at a nursing home that is being investigated by state officials has been arrested and charged with wanton neglect. The nursing home aide was arrested and charged in connection with the alleged neglect of a former resident. Officials began investigating the nursing home earlier this year after the granddaughter of the resident set up a surveillance camera that allegedly recorded abuse incidents. To read the full story, click here.

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Posted In: National Nursing Homes, Abuse, Nursing Home Staff News

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November 25, 2008

Former Resident Sues Now-Closed Nursing Home

A man claims he was wrongfully discharged from a now-closed Iowa nursing home and dropped off in an unfurnished apartment with only $30 and four days worth of medications. He is now suing the nursing company alleging elderly negligence and recklessness. The man was in the hospital with congestive heart failure nine days after the employee from the nursing home left him in an Illinois apartment. He required the installation of a cardiac defibrillator. The man lived at the nursing home from November 2006 until he was discharged in March 2007. He accuses the home of acting inappropriately when he complained about the care he was receiving, breach of contract and dependent adult abuse. He states that the home failed to properly administer medication, had insufficient staff and inflicted emotional distress as other residents were harmed in his presence. This is the second elderly abuse lawsuit against Petersen Health Care since it closed in fall 2007. The nursing home closed at the end of September 2007 after the federal government pulled its Medicare and Medicaid funding and the state moved to pull the center’s license. To read the full story, click here.

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Posted In: Medicaid and Nursing Homes, Nursing Home Staff News

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October 30, 2008

Ex-nurse Sentenced for Abuse of Nursing Home Patient

A former certified nurse’s aide was placed on probation for breaking an elderly woman’s hand and spraying foam into her mouth. The 22-year old nurse was sentenced to five years’ probation and will also be placed on 90 days electronic home monitoring. The woman also recently surrendered her state nursing license. In September the nurse pleaded guilty to second-degree endangering the welfare of a vulnerable elderly person, which is a felony. She was accused of pulling the hair and spraying foam into the mouth and eyes of an 82 year old woman while she was in the care of a nursing home. The nurse also fractured the elderly woman’s right hand while squeezing it tightly in 2007. The elderly woman recently passed away. The judge said her anger issues definitely weren’t compatible around elderly home patients that need specialized care and a lot of patience. This story highlights the number of physical abuse cases that occur in nursing homes across the country. To read the full story, click here.

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Posted In: National Nursing Homes, Abuse, Nursing Home Staff News

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October 15, 2008

Nurse Found Guilty in Nursing Home Death Case Sentenced; Supervisor’s Sentencing Delayed

Cammy Nye, a certified nursing assistant, was sentenced to 30 days in jail, 700 hours of community service, and three years of probation after an Oregon jury found her guilty of contributing to the death of nursing home patient Linda Ober.

Suzanne Ruddell, the nursing supervisor, was also found guilty but her sentencing has been delayed after her lawyer requested a pre-sentencing investigation.

Ober, a patient at Gateway Care and Rehab Center in Portland, was dropped to the floor while being transferred from a wheelchair to her bed, breaking both of her legs. She was then allowed to suffer for 5 days, despite screaming in pain, before finally being taken to the hospital, where she died following complications from surgery.

The jury found Nye guilty of misdemeanor reckless endangerment for precariously placing Ober in a sling, causing her to drop to the floor during the transfer. Rudell was found guilty of two counts of felony criminal mistreatment for refusing to have Ober taken to the hospital. A third defendant, Verna Colleen Heide, pleaded guilty to one count of criminal mistreatment before the trial and testified against Ruddell and Nye. Heide was sentenced last month to three years of probation and 160 hours of community service.

A lawsuit has been filed against the nursing home by Ober’s daughter demanding $3.5 million for her wrongful death.

For the full story, click here.

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Posted In: Nursing Home Staff, National Nursing Homes, Abuse, National Nursing Home News, Nursing Home Staff News

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October 8, 2008

Two Found Guilty in Nursing Home Death

An Oregon jury returned guilty verdicts Monday in a criminal case against two nursing home employees involved in the dropping and subsequent death of a nursing home resident. Linda Ober, a 60-year-old resident at Gateway nursing home in Portland, Oregon, was dropped to the floor while being transferred from a wheelchair to her bed, breaking both of her legs. She was then allowed to lie in her bed and suffer for five days, despite staff reports that she was screaming in pain, before being taken to the hospital. Suzanne Kay Ruddell, the director of nurses, ordered staff members to stop filling out an incident report and to not call Ober’s family after the injury. For five days, Ruddell refused to have Ober x-rayed. Finally, after learning of an abnormal bone protrusion under Ober’s skin, Ruddell ordered an x-ray and left for the beach. Ober died in the hospital the following day.

Ruddell was found guilty of two counts of felony criminal mistreatment. Cammy Elaine Nye, the certified nursing assistant in charge of the transfer, was found guilty of misdemeanor reckless endangerment for precariously placing Ober in a sling, causing her to drop to the floor during the transfer.

A third defendant, Verna Colleen Heide, pleaded guilty to one count of criminal mistreatment in August and testified against Ruddell and Nye at the trial. Heide was sentenced last month to three years probation and 160 hours of community service.

Ober’s daughter has filed a $3.5 million lawsuit against Gateway Care and Rehabilitation Center.

For the full story, click here.

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Posted In: National Nursing Homes, Abuse, National Nursing Home News, Nursing Home Staff News, Verdicts and Settlements

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September 21, 2008

State Will Prosecute Nursing Home Abuse

A state’s Attorney General’s Office will prosecute the adults who took part in physical and sexual nursing home abuse. The Attorney General’s office will take over because the county’s relationship with the girl’s family. The government felt that a third party outside of the community would be better suited for carrying out the task. The details of abuse allegations surfaced after the release of a report that concluded four teenage girls were involved in verbal, sexual and emotional abuse of residents at the nursing home. None of the four teenagers are still employed at the nursing home. This case highlights the need for effective employee supervision at all nursing homes. To read the full story, click here.

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Posted In: National Nursing Homes, Abuse, Nursing Home Staff News

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September 8, 2008

Levin & Perconti File Nursing Home Suit on Behalf of Patient’s Daughter

Levin & Perconti have filed a wrongful death suit against a Woodstock Residence nursing home on behalf of the daughter of a patient who is alleged to have died as a result of an overdose or morphine. In the suit, the plaintiff contests that the morphine sulfate was being administered to residents without an order and/or outside prescribed parameters. The suit claims that the nursing home was aware that this morphine was being improperly disposed. The lawsuit highlights that two nurses at the nursing home have been indicted for, amongst others, counts of criminal neglect of a long term care resident, unlawful delivery of a controlled substances and obstructing justice. The claim alleges that the elderly patient’s death is a direct and proximate result of the nursing home’s negligent acts or omissions. The deterioration of her physical and/or mental condition which caused or contributed to her death is a result of the unlawful doses of medications, according to the suit. The 78 year old patient died on September 9, 2006. To read the full story, click here.

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Posted In: Illinois Nursing Homes, Failure to supervise, Nursing Home Abuse, Nursing Home Staff News

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Wrongful Death Lawsuit Against Nursing Home Filed in Cook County

The daughter of a nursing home resident who died in 2006 filed a wrongful death lawsuit against the former owners of the nursing home and two nurses. The lawsuit was filed in Cook County, Illinois and named defendants who are believed to have contributed to the death of nursing home patients. The body of the 78 year old woman was recently exhumed during a police investigation into suspicions deaths at the nursing home. The lawsuit claims that the 78 year old woman was administered lethal doses of morphine, well beyond what was ordered by her physicians. Named as defendants were WRHC &RC, which held the license for the Woodstock Residence and two former nurses. The two nurses were indicted earlier this year on criminal charges. Drug distribution is a common problem that arises in negligent nursing homes. To read the full story, click here.

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Posted In: Illinois Nursing Homes, Failure to supervise, Nursing Home Staff News

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September 6, 2008

Former Nursing Home Worker Indicted on Sex-Assault Charge

A former nursing assistant has been indicted on sexual-assault charges after being accused of assaulting a mentally disabled patient in his care. The employee worked at a nursing home facility which serves 120 residents. The nursing home employee was accused of sexually assaulting a 69-year-old woman with advanced Alzheimer’s disease. The employee has been indicted of first-degree sexual assault. The elderly, especially those with Alzheimer’s, are extremely vulnerable to sexual assault. It is important for both families and nursing home supervisors to monitor the employees assigned to these individuals. To read the full story, click here.

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Posted In: Abuse, Nursing Home Staff News

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August 26, 2008

Former Nursing Home Aide Sentenced to 15 Years for Sexual Abuse

A former nursing home aide was sentenced to up to 15 years in prison for sexually abusing an elderly woman. The man was an employee of the nursing home. The 31 year old employee pleaded guilty to forcible sex abuse for molesting the 85-year-old woman in her nursing home. The distraught family members of the victim asked to Judge to sentence the nursing home employee to the maximum sentence, which he did. At this time, no other nursing home residents have filed sexual abuse charges. Sexual abuse is an extremely important issue in nursing home regulation. To read the full story, click here.

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Posted In: Nursing Home Staff News

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May 30, 2008

Nurses Declare Lack of Staff at Nursing Homes and Hospitals

A new survey has revealed that nurses working at nursing homes feel that there are fewer staff members than needed. Nearly three-quarters of nurses surveyed declared that at the nursing homes and hospitals they worked for, the staff numbers were inadequate. A lack of staff members can lead to neglect, and even abuse, as recognized by those surveyed, half of whom reported feeling that quality of care is on the decline. The problem of inadequate numbers compounds itself as more nurses leave their positions because of concerns about sub-par care resulting from the low numbers of staff. Most shockingly, little more than half of the nurses felt comfortable about the idea of one of their loved ones being treated at their respective facilities. This announcement by nurses shows that there is a rising danger of hospital injuries and nursing home injuries, especially medication errors, wrongful death, and other nursing errors as existing staff members are unable to keep up with high demands which can lead to medical mistakes.

Read more here.

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Posted In: Hot Button Issues, Medical Malpractice, Abuse, Failure to supervise, National Nursing Home News, Nursing Home Staff News, Pressure Ulcers, Staffing Issues

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May 7, 2008

Attorney General Seeks Out Home Healthcare Staffing Problems and Medicare Fraud

Attorney General Andrew Cuomo has joined the fight against fraud in home health care by exposing a large Medicare fraud led by a major home health care corporation. The corporation provides in-home nursing services. In-home nursing service abuse is a growing problem and is often harder to identify than nursing home abuse and neglect. In this case, the home health care corporation coordinated with corrupt health care aide training programs to certify prospective health care aides without ensuring that the prospective aides took required training courses. This incident raises questions about the quality and safety of in home nursing care and should give family members and home care customers pause for thought.

Read the full story here.

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Posted In: National Nursing Homes, Medicaid and Medicare Fraud, Nursing Home Staff News

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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