Articles Posted in Staffing Issues

nursing home workers

National Safety Month: Care Workers Have Right to Safe Workplace 

June is celebrated as National Safety Month. As we emphasize the safety of nursing home residents on the blog each week, this also feels like an excellent opportunity to talk about the struggles nursing home employees can face when overexerted, working on demanding schedules with less staff and performing care duties for violent residents who require greater services. These workers can also become too easily hurt by excessive lifting, lowering, pushing, and pulling while caring for residents because of a lack in injury prevention training and poor enforcement of safe workplace policies.

Nursing homes must follow OSHA standards and provide workers with an environment that does not have any known hazards that cause or are likely to cause death or serious injury. Some of the frequent complaints nursing home workers have of the safety and injury risks related to their job include:

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

The most profitable area of real estate right now isn’t hotels, trendy restaurants, or even high rise living. For a real estate investor, the safest return on investment is putting money into senior living facilities. According to the National Council of Real Estate Investment Fiduciaries, in the past 10 years the highest property returns have been on senior housing developments.


Alzheimer’s Rates Expected to Skyrocket

The assisted living housing market, especially those properties with designated memory care facilities, is growing at a rapid pace, partly to keep up with the increasing number of seniors expected to be diagnosed with Alzheimer’s or dementia. Today, an estimated 5.7 people are living with Alzheimer’s. By 2050, the Alzheimer’s Association expects that number to jump to 14 million, with 1 American developing Alzheimer’s every 65 seconds. The disease is an epidemic and savvy real estate investors are aware that putting their money into senior housing is likely to yield great financial returns.

“Imagine someone in the inside of a car with the doors locked and the windows rolled up and that person is nonverbal and can’t communicate. And you leave that person in the car until they die.

That’s what happened to our client, but it happened in a health care facility instead of a car.”  Attorney Steve Levin

https://youtu.be/e966vpOoesg

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).

A joint study by researchers from The University of Illinois at Chicago School of Public Health, John H. Stroger Hospital, The Social Policy Research Institute and Illinois Citizens for Better Care has found that the type of facility matters when it comes to the quality of care your elderly loved one is receiving.

Chicago Hospital Records Show Elder Neglect Happening in Nursing Homes

The study ‘Association between Type of Residence and Clinical Signs of Neglect in Older Adults,’ examined 5 metropolitan Chicago-area hospital records of 1,149 elderly patients admitted from long term care settings (nursing homes) and community settings (home, assisted living, or senior living facilities). The data revealed that for-profit nursing homes had more instances of clinical neglect than any other setting. The facilities responsible for the transfer of these residents to nursing homes were all metropolitan Chicago nursing homes.

“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.

Certified nursing assistants (CNAs) are responsible for the majority of care provided in nursing homes. AARP says “The job of a CNA can be difficult and hazardous. CNAs have demanding workloads and are often responsible for manually lifting and turning residents, which can cause lower back injuries. They can also be exposed to infections, diseases (such as tuberculosis), and physical violence from residents.”

Many of these nursing assistants are working incredibly long hours and multiple days in a row, pushing them into overtime. For many reasons, this already exhausting and demanding job is made even more so.

We’d like to share a current snapshot of the nursing assistant industry:

nursing home infections

Painful Infections Remain Untreated When Chicago’s Nursing Homes are Understaffed

The Chicago Tribune recently published a scathing article on the inadequate measures taken by a Chicago nursing home to prevent a resident’s bedsores from turning into deadly infections. The story featured the negligence and wrongful death claims of an 85-year-old resident at Lakeview Rehabilitation and Nursing Center on the city’s North Side. Family members of the resident told reporters that the facility’s staff never spoke of the “seriousness of the pressure sore, which led to sepsis, a severe infection that can quickly turn deadly if not cared for properly.”

Complications related to pressure sores often require intravenous antibiotics and sensitive care treatments to treat bloodstream infections and can result in painful surgeries to cut away dead skin around the wound. According to health officials, there are four types of infections that are often linked with sepsis including: lungs (pneumonia), kidney (urinary tract infection), skin (pressure wounds and bedsores) and gut. Out of the 6,000 Illinois nursing home residents who are hospitalized with sepsis each year, 1 in 5 won’t survive.

“Frail and vulnerable people are harmed when nursing homes fail to meet our standards. And I don’t think any of us wants to wait until the next natural disaster or other disaster exposes some kind of a deficiency that kills dozens of people.”

                                                 -Rep. Diana DeGette (D-CO)

On Thursday, the House Subcommittee on Oversight and Investigations held a hearing to address substandard care and recent findings of abuse and neglect in U.S. nursing homes.

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