Articles Posted in Failure to supervise

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types of strokes

Nursing Homes Are Not Always Equipped to Recover Stroke Patients

2016 recommendations from the American Stroke Association (ASA) still stand true in 2019. If someone living in a nursing home has a stroke, they should be treated in an inpatient rehabilitation facility, rather than remain in the home. The resident may need intensive, multidisciplinary treatment and initial rehabilitation should take place in a specialized care facility equipped with the appropriate care staff. The ASA recommendations go on further to say that the “patient should participate in at least three hours of rehabilitation a day from physical therapists, occupational therapists, and speech therapists.” Since nurses are continuously available and doctors visit more often than at nursing homes, any form of recovery will be faster than if the patient remains under previous nursing home care.

6 Types of Stroke

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nurse to patient ratio
On Feb. 27, 2019, registered nurses in Illinois, with support of National Nurses United, began lobbying lawmakers in support of a mandated minimum nurse-to-patient ratio. Currently, California is the only state with mandatory nurse staffing ratios established for acute care, acute psychiatric and specialty hospitals. The Illinois proposal would mimic California’s design but also mandate minimum staffing standards in long term acute-care hospitals and ambulatory surgery centers. Although this is not new news for Illinois nurses and their 15-year fight for better staffing ratios, the union continues to rally for the mandate citing that patient health is compromised because too few nurses must care for too many patients.

“Mandatory minimum nurse-to-patient ratios save lives,” said Talisa Harden, a registered nurse at the University of Chicago Medicine in a union published news release. “As nurses, we’ve always known it, and now there is a robust body of peer-reviewed literature that proves it. Illinois patients deserve safe and therapeutic care no matter where they are admitted. This bill will make all Illinois patients safer.”

Nursing Homes May Be Deceptive in Staff-to-Patient Ratio Reporting

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A 29-year-old woman in a vegetative state has given birth to a baby boy in a Phoenix-area nursing home. The woman, a confirmed member of the San Carlos Apache Tribe, has lived in a vegetative state since she was 15 and nearly drowned. The birth was a complete surprise to staff, not only because her condition makes her unable to consent or engage in sexual activity, but because they were completely unaware of her pregnancy until she went into labor.

Through their lawyer, the woman’s family released a statement, saying in part “The family is obviously outraged, traumatized and in shock by the abuse and neglect of their daughter at Hacienda Healthcare.”

Facility Has Persistent Low Ratings, but Promises to Take Accountability for Rape

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vietnam veteran care

Vietnam Veteran’s Wrongful Death Awarded $7 Million Verdict

A Cook County Circuit Court jury recently awarded $7 million to the family of Patrick Stein, a two-tour Vietnam veteran, suffering from post-traumatic stress disorder (PTSD), after nurses and paramedics failed to keep him safe in an ambulance transfer from St. James-Olympia Fields hospital to the Edward Hines Veterans Affairs (VA) hospital for psychiatric treatment. The 64-year-old Army veteran died in July 2014, after his PTSD confusion resettled and prompted him to exit an ambulance while it was traveling 30 to 35 miles per hours and sustain fatal injuries to his head and body. Prior to his transfer, his concerned family had brought him to the St. James-Olympia Fields emergency room after finding him outside his daughter’s home with a butcher knife clutched to his abdomen. Once Mr. Stein arrived at the hospital though, he did not remember the episode with the knife and continued to present dangerous confusion, prompting his fatal ambulance ride to the VA hospital. The U.S. Department of Veterans Affairs estimates that PTSD afflicts almost 31 percent of Vietnam veterans.

Levin & Perconti attorneys Michael Bonamarte, Margaret Battersby Black and Cari Silverman brought the suit on behalf of Mr. Stein’s family. The attorneys argued that Mr. Stein, given his medical history, should have been carefully monitored by medical staff to protect and prevent him from injuring himself during the transfer. Hospital nurses were also faulted for failing to relay information to the paramedics about his mental state. The clinical impressions of the medical staff at St. James indicated Mr. Stein to exhibit:

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It’s a tragic end to a story that should have never happened. On Monday, Chicago Police discovered the body of Ernestine Booker, a 67-year-old woman suffering from dementia who disappeared from her Bronzeville nursing home on October 23rd. Ms. Booker’s body was found at the Sykes Center, a now-closed Advocate outpatient healthcare center at 2545 S. King Drive, approximately 2.5 miles from the nursing home from which she disappeared. The cause of death has not yet been released, but Chicago Police said there is no evidence of a homicide.

While the full details of her disappearance have not been shared with the public, we do know that Ms. Booker left her nursing home unnoticed around 11 a.m. Her family notified the police that same day and Chicago police asked for the public’s assistance in locating her.

When families place their loved ones in the care of a nursing home, the minimum expectation is that the nursing home will keep track of their whereabouts. As we shared in an earlier post, residents with dementia are more prone to wandering a facility or eloping (leaving).

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“They get into trouble, they fix things up just enough to get back into compliance and then they let things slip again. This cycle just goes on for years. Meanwhile, there are people living in these places.”

-Toby Edelman, senior policy attorney for the Center for Medicare Advocacy to the Lexington Herald-Leader

A tragic story out of a northern Kentucky nursing and rehabilitation center has reignited a topic that we know causes a great deal of confusion and frustration for the loved ones of nursing home residents. How does one find out who the owners of a nursing home actually are and what their history of patient care is? The details of the wrongful death case of 45-year-old Bobby Crail help highlight the ability of nursing homes to repeatedly get away with maltreatment and even skirt financial and legal responsibility. It also highlights why if your loved one has been mistreated, abused, or neglected in a nursing home, you need an attorney who has both the experience and tenacity to successfully stand up to major corporations capable of these horrific behaviors.

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Levin & Perconti has filed a lawsuit against Alden Lakeland Rehabilitation and Health Care Center on behalf of Michael Leonard, a former resident who was injured after allegedly falling on two separate occasions in 2016. Alden Lakeland transferred Mr. Leonard to Presence St. Mary of Nazareth Hospital where doctors discovered a subdural hematoma, nasal bone fractures, facial contusions and abrasions, loose front teeth, altered mental status, and dehydration.

The lawsuit alleges that Alden Lakeland failed in their promise to maintain and adhere to a care plan that would enable Mr. Leonard to improve his health at the facility, ultimately allowing a healthy and timely return home. Mr. Leonard and his attorney-in-fact, Patricia Cagney, are being represented by Levin & Perconti Partner Margaret Battersby-Black.

About Alden Lakeland and The Alden Network

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nursing home neglect

Payroll Records Indicate Nursing Home Staffing Shortages Create Serious Gaps in Patient Care

Only recently did the Centers for Medicare & Medicaid Services (CMS) begin collecting and reviewing daily payroll records from more than 14,000 nursing homes. The publishing of the data became required by the Affordable Care Act of 2010. Kaiser Health News recently analyzed the submissions and caught that most U.S. nursing homes have been operating grossly understaffed and reporting a false review of average employee shifts. Kaiser claims these nursing homes had:

  • Significant fluctuations in day-to-day staffing, with particularly large shortfalls on weekends when personnel cared for nearly twice as many residents as normal.
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A nursing home in Westborough, Massachusetts is facing two separate lawsuits for falls that ended the lives of two its residents within a 7 week span in 2015.  The lawsuit alleges that staff at for-profit Beaumont Rehabilitation & Skilled Nursing Center ignored and purposely defied physicians’ orders that mandated the use of fall prevention devices, resulting in the tragic falls that caused blunt force head trauma and the death of two elderly residents.

Properly Used Safety Devices Can Aid in Fall Prevention

Per doctors’ orders, both fall victims, 89 year old Betsy Crane and 85 year old Vincent Walsh, were to wear wrist or ankle bracelets that function as tracking devices, referred to as a wander management system.  Devices such as these alert staff to the whereabouts of each resident, including leaving protected areas (such as the resident’s room or designated safe zone) or even making the smallest of movements. When combined with adequate supervision, wander management systems can be a valuable tool in ensuring the safety of nursing home residents who are at risk for wandering, as well as those at risk for falls.

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The family of a woman with a history of falling and rheumatoid arthritis is suing ManorCare Health Services at Mercy Fitzgerald of Yeadon after the victim died following a fall at their facility. The woman, Nellie Louise Howard, had fallen multiple times as a resident of the facility, but it was a fall she suffered after 20 months in the facility that ultimately took her life. Ms. Howard was admitted in May 2014 with documented dementia and rheumatoid arthritis, as well as a track record of falls. Because of her high fall risk and her other mobility issues, she was required to have 24/7 care in order to prevent accidents. On February 25, 2016, Ms. Howard fell and was treated in the Emergency Room of Mercy Fitzgerald Hospital. She stayed for nearly two weeks before being transferred back to ManorCare, this time to the Hospice unit where she died from her injuries less than 2 months later. Ms. Howard’s cause of death was cervical fracture and pneumonia.

Documented Fall Risk Doesn’t Guarantee Better Supervision
Falls are happening with alarming frequency at nursing homes and assisted living facilities. Regardless of a care plan that indicated Ms. Howard required constant care, she still managed to suffer a fall so tragic that it took her life. The nursing home abuse and neglect attorneys at Levin and Perconti have successfully represented the families of many loved ones who have found themselves in the same unfortunately circumstances. Click here to view some of the many victories we’ve secured for victims of falls and other acts of nursing home and medical negligence.