Bad nursing homes

Nursing Home Responsible For Choking Death Sues Family

Published on: April 28, 2019 | Levin & Perconti

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Nursing Home Countersues Although Liability Accepted for Man’s Choking Death

In 2013, an 82-year-old man died from a preventable choking incident at Woodhaven Care Center in New York. The nursing home accepted liability for the man’s death, and a jury awarded $1 million to the man’s family highlighting the issues with understaffing. The wrongful death lawsuit stated that inattentive nursing home staff failed to provide the man with his dentures and fed him food that was not a part of his dietary plan. The man was then left unsupervised, choked on the meal and died within moments after a nurse’s station video camera caught the incident. Staff also waited nearly 20 minutes before calling for help and dialing 911.

Today, Woodhaven has outrageously presented a countersuit against the family of the deceased for alleged money yet owed for his stay. Our nursing home abuse and neglect attorneys plan to follow this story as mediation in the case will be scheduled in the future.

When Nursing Homes Turn Deadly

Published on: April 22, 2019 | Levin & Perconti

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Nursing Home Associated with Large, For-Profit Network Sued After Woman Suffered and Died

News of a recent lawsuit against Three Mile Curve Operations LLC, dba Logan Center, Genesis Healthcare LLC a nursing home in Logan Center, West Virginia alleges that poor care provided at the facility caused a woman who required rehabilitative services and assistance with day-to-day tasks to suffer from neglect related injuries and eventually die.

According to a March 25^th report in the West Virginia Record, an incident took place on April 12, 2018, which triggered the untimely death of Ms. Lilian Messer soon after being admitted to the facility.

Concerns For Nursing Home Residents Who Are Sedentary

Published on: April 16, 2019 | Levin & Perconti

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Majority of Nursing Home Residents Spend Their Time Inactive, Increasing Chances for Chronic Diseases and Injuries

Too many individuals who reside in nursing home facilities are spending their days – sitting. A typical daily schedule for residents will only include light to moderate intensity activities 20 percent of the time and they will remain sedentary the other 80 percent, according to a February 16, 2019 study published in the International Journal of Environmental Research and Public Health. An extremely sedentary lifestyle, especially for those who are already battling health issues, only creates a stronger connection to the development or progression of chronic diseases and disabling conditions such as:

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10 Must Ask Questions For Nursing Home Councils

Published on: January 18, 2019 | Levin & Perconti

choosing a nursing home

Family Members Should Be Attending Resident Council Meetings with These 10 Questions

Nursing home administrators should allow for regular resident council or family council meetings. If they do not, it may be a sign that those residing in the facility may not be receiving the attention needed and care standards are not being met, triggering a higher risk of abuse and neglect. It’s the suggestion of the nursing home abuse and neglect attorneys at Levin & Perconti to request information about the dates and times of resident council or family council meetings and plan to attend. These councils are usually organized and managed by the residents or other residents’ families to address concerns and improve the quality of care and life for all residents.

If you’re able to attend a meeting with your loved one or on behalf of them, ask a council member whether it be another resident, care staff or administrator the following 10 questions and take notes:

Nursing Homes Put Profits Over Patients

Published on: January 11, 2019 | Levin & Perconti

for profit nursing homes

Vulnerable Populations Pay the Price as U.S. Nursing Home Chains Crumble Under Risky Financial Choices

The Long Term Care Community Coalition, in partnership with the Center for Medicare Advocacy, is preparing a strong agenda for 2019 starting with a joint statement concerning the chaos that has occurred in the nursing home industry as operators, even those of large care groups, are undertaking money hungry risks at the cost of their own staff resources and vulnerable patient residents. The joint statement highlighted investigative findings reported by The Washington Post, The Kansas City Star, The Philadelphia Inquirer and The New York Times of these U.S. nursing homes chains.

The Carlyle Group bought HCR ManorCare and each year since the number of health deficiencies at the chain rose 26 percent. The Carlyle Group then went on to sell ManorCare’s real estate collection for more than $6 billion dollars but inevitably faced bankruptcy in 2018 after not being able to pay rent to the new owners.

Nursing Homes As Dangerous Workspaces

Published on: August 12, 2013 | Levin & Perconti

Allsup recently shared the results of a workplace injury study that it conducted this month. Analyzing data from the U.S. Bureau of Labor Statistics, the firm compiled information on the scope of serious workplace injuries, the type of work that is most dangerous, and tracked how those details varied from state to state.

But what does this have to do with nursing homes?

It turns out that nursing homes are actually some of the most dangerous workspaces in the country.

Settlement Reached In Nursing Home Case

Published on: July 22, 2013 | Levin & Perconti

A lawsuit was recently settled in a nursing home neglect case again HCR Manor Care. As mentioned in a new WV Records story, the underlying suit was filed in early February 2012 by the administrator of the estate of a former resident at a HCR Manor Care facility. The suit claimed that the four-year resident of the facility suffered neglect which resulted in serious injuries, pain, suffering, and ultimately, her death. The 85-year old allegedly had pressure sores develop, infections, and various other physical and mental problems resulting from lackluster care. Allegations were also made about a nursing home fall, with premises liability claims included in the lawsuit. The suit was eventually settled by the family for a confidential amount.

$90 Million Case Still Going

One of the most high-profile nursing home neglect cases in recent memory also involved the nursing home chain HCR Manor Care. What made the case so unique and headline-grabbing was the size of the verdict against the company after a jury heard evidence about systematic problems in care against the chain–$90 million.

Dozens of Criminals Charges Filed Against Group of Alzheimers Care Workers

Published on: July 8, 2013 | Levin & Perconti

Nursing home culture is critically important to resident care. News stories and blog posts discussing specific instances of elder neglect always follow a predictable pattern: a resident was hurt, a specific caregiver is cited for problematic actions which caused the injury, and some discipline or punishment was doled out to that caregiver. The downside to this repeated narrative is that it may create the impression that all instances of mistreatment is nursing homes are caused by specific workers who make mistakes.

That masks larger problems about general lack of attention to resident safety by entire nursing home teams. The culture at a facility among employees sets the stage or future care. If cut corners or focus on profit maximization becomes the norm, then it is just a matter of time before a senior resident is harmed as a result. When the harm occurs, one specific employee may have made a mistake, but the problem is far larger than a single errant person.

This is why the same low quality nursing homes often have multiple neglect lawsuits and allegations of mistreatment—it is a cultural problem. In fact, in an “exception that proves the rule’ situation, there are times when mass mistreatment is uncovered implicating many different employees at a single facility.

Hidden Cameras in Nursing Homes Raise Privacy Concerns in Illinois

Published on: June 19, 2013 | Levin & Perconti

Hidden video cameras are an effective tool in exposing instances of nursing home abuse or neglect and in monitoring the treatment of loved ones in these facilities. There have been many instances where recording devices have helped family members discover that the staff was providing negligent care or committing elder abuse. One recent case involved a nursing home employee hitting and taunting a resident who lay in bed. When such mistreatment occurs, video recordings provide powerful evidence of poor treatment that can lead to staff members’ being fired and can be used in a nursing home lawsuit or criminal prosecution.

However, the use of hidden cameras or other recording devices in a nursing home raises privacy concerns. Is it legal for a nursing home resident or family member to use these surveillance techniques? The short answer is yes, it is legal to use a hidden camera to catch neglectful or abusive nursing home employees. Still, it is important not to violate privacy laws while using these recording devices to prevent or expose elder abuse.

There are legal limits on how hidden cameras can be used to monitor the behavior of staff members in nursing homes. In Illinois, it is illegal to listen to or record a conversation unless everyone in that conversation has consented to the recording. Because of this law, it is important to make sure that your camera records video but does not record sound. You should also make sure that either your loved one or his or her legal guardian has consented to the use of a recording device. Otherwise, your Illinois nursing home attorney may not be able to use that video recording in your lawsuit as proof of abuse or neglect. You could also be at risk for criminal penalties for violating Illinois law.

Whistleblower Case Against Nursing Home Provider Goes Forward

Published on: June 5, 2013 | Levin & Perconti

Misconduct at nursing home takes many forms. Of course the most well-known way that these facilities act inappropriately is when the individual care they provide to residents is substandard, resulting in falls, pressure sores, wandering, over-medication, and other neglect outcomes. One of the main ways that facilities are held accountable for those lapses are when individual families seek legal recourse by filing a civil lawsuit.

However, a lawsuit is also sometimes appropriate to hold certain home accountable for most systematic problems, usually related to overbilling and misuse of taxpayers funds. Many homes rely on Medicaid (and some Medicare) enrollees. That means that most bills are actually paid by taxpayers. There are very specific rules about what services taxpayers will and will not pay for. Yet, in a rush to increase their bottom line as much as possible, far too many homes cut corners with those rules and sometime intentionally disregard them in order to increase profits. When they occurs, the law allows private individuals with knowledge of the situation to file suit. Those individuals are usually current or former employees of the home who eventually decide that they no long can be a part of an organization that acts in such a way.

Kickback Lawsuit