Articles Posted in Failure to supervise

nursing home neglect

Falls Remain Leading Cause of Injury-Related Deaths for Older Adults and Understaffed Nursing Homes Could Be to Blame

Falls are the leading cause of injury-related deaths among persons aged 65 years and older, according to the Centers for Disease Control and Prevention (CDC), and the age-adjusted rate of deaths from falls is increasing as well. Ironically, as many as 75 percent of nursing facility residents are reported falling each year and carry twice the chances of falling compared to a senior who lives in their own home or community.

For elderly patients living in care facilities, hazards that contribute to fall injuries can include:

nursing home neglect

Long-Term Care Resident Left Unattended Dies While Smoking Near Oxygen Tank 

Ohio police in Oakwood Village are investigating the death of a resident from Grande Oaks Nursing Home. The man had caught on fire while smoking a cigarette in his wheelchair outside of the facility. Reports show he was allegedly smoking outside while using an oxygen tank when his wheelchair caught fire. Because staff allegedly were not aware, they did not respond. Unfortunately, it wasn’t until someone driving by noticed the fire and smoke and immediately contacted 911. Local police say they arrived to a smoldering wheelchair parked in front of the building with a male laying on the ground, face down. The man had already stopped breathing and CPR was administered. He later died from his burn-related injuries at a nearby hospital.

Centers for Medicare & Medicaid Services (CMS) policies show, “Oxygen use is prohibited in smoking areas for the safety of residents (NFPA 101, 2000 ed., 19.7.4). Facilities should ensure resident safety by such efforts as informing visitors of smoking policies and hazards to prevent smoking-related incidents and/or injuries.

elder abuse attorneys

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.

wrongful death attorneys

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 25th 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.

nursing home falls

Assisted-Living Resident Suffered Multiple Injuries Due to Inadequate Fall Prevention Care

One of the nation’s largest for-profit assisted-living providers in the country, SavaSeniorCare, operates Cheyenne Healthcare Center, a Wyoming care facility that recently settled a 2018 lawsuit alleging negligent care of a patient in 2015. The man claimed to have suffered multiple injuries from several falls and blamed an “inadequate level of staffing care and the facility not developing a comprehensive care plan that met his medical and physical needs.”

In addition, the lawsuit allegedly claimed the facility failed to notify the man’s family of his injuries and other medical issues that developed during his stay.

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

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

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

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:

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).

Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers