$17,700,000

Brain injury due to nursing staff negligence

$14,000,000

Ignored x-ray results delaying diagnosis of lung cancer

$12,000,000

Failure to diagnosis causes wrongful death

$10,000,000

Truck ran over five year boy

$7,620,000

HMO doctor ignored mother's complaints resulting in death

$7,000,000

Vietnam veteran PTSD wrongful death

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.

nursing home patients

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:

  • Anxiety

nursing home staffing issues

New Research Points to Music as Easy Form of Resident Therapy

Nursing home staff who make the time and administrators who devote the resources to helping residents recover from an injury or deal with an illness through something as simple as listening to music are on the right track says researchers at John Hopkins University. Leaders at one of the nation’s top-ranked hospitals have started music therapy sessions focused on the unique therapy needs of patients. After several months, staff evaluated the music routines and observed nursing home residents with debilitating memory diseases like Alzheimer’s associate certain music patterns as a cue to perform daily activities such as getting out of bed, eating, and even showering. These are all acts the residents were not able to perform previous to the music therapy.

The music playlists are designed to minimize distraction and increase productivity and played to balance the mind. Johns Hopkins Medicine suggests listening to music does the same thing for a brain as going to the gym does for a body and that listening to music can reduce pain, anxiety, and blood pressure as well as improve mood, ease tension, and increase memory. The movement to music also helps with coordination and increases relaxation.

nursing home abuse

AARP Speaks Out on Alarming Proposed Changes to Nursing Home Regulation

At Levin & Perconti we continuously monitor changes to current federal and state nursing home regulations in order to inform our clients of how those changes might impact quality of care. Recently we were pleased to see one of the most powerful lobbying groups in the country, AARP, voice concerns about regulatory actions of the Centers for Medicare & Medicaid Services (CMS) in a letter to the United States Senate Committee on Finance.

Not Enforcing the Rules

nursing home fungus infection

Chicago-Area Attorney Steve Levin Comments on Deadly Fungus Outbreak Occurring in Illinois

Both The New York Times and Chicago Tribune recently reported a drug resistant super fungus called Candida auris, is plaguing 50 percent of Chicago-area nursing homes. This is a germ the Centers for Disease Control and Prevention (CDC) has deemed an urgent threat and is tricky to kill even with hospital grade disinfectants. The fungus, which is a yeast, is most noticeably found throughout patient rooms, on the skin of patients, and on daily medical devices such as blood pressure cuffs and medication containers. The most serious cases of infection from the fungus often occur in skilled nursing facilities that care for ventilated patients, or in long-term acute care settings.

“This is unacceptable,” says attorney Steve Levin, founder and senior partner of Levin & Perconti in Chicago. “We don’t know which nursing homes have been impacted yet – and, given the lengths that long-term care facilities’ corporate owners will go to in order to keep secret the dangerous conditions and poor care behind their closed doors – we might never know.”

nursing home nutrition

Why Nursing Homes Fail to Meet the Nutritional Needs of Residents

Illnesses such as diabetes, heart disease, obesity, arthritis, known nutritional or eating deficiencies, disabilities, and mobility issues may result in nursing home residents to put on a specialized dietary plan to fit their exact needs. In these cases, a primary care physician and nutritionist should be consulted and a plan for health and nutritional goals should be created based on an evaluation of the resident’s related illnesses, medications, mouth or swallowing problems, and feeding issues such as tremors.

But even in the trickiest of situations, well-balanced, palatable meals, and fluids must be prepared, coordinated, and tracked by staff responsible for caring for the resident to ensure nutritional health is being met. When it is not, nursing home abuse and neglect may be considered as the cause for cases involving malnutrition or dehydration.

healthcare fraud

Miami-Dade Nursing Home Owner Convicted in Largest U.S. Healthcare Fraud Scheme

Just last week, a 12-person jury deliberated for four days before finding Philip Esformes, a 50-year-old entrepreneur and owner of a network of 16 nursing homes and assisted living facilities in Florida, guilty on 20 out of 26 charges related to healthcare fraud. This is believed to be the largest fraud scheme ever charged by the U.S. Justice Department and a reflection of the business owner’s greed through receiving kickbacks, money laundering and conspiracy to commit federal program bribery totaling $37 million. In an April 5th, 2019 public statement, prosecutors called him a “despicable,” “vampire” who was fueled by “unbounded greed.”

“Esformes exploited and victimized patients by providing inadequate medical care and poor conditions in his nursing homes. We will continue the fight against such parasites.”

nursing home dementia

7 Risk Factors That Increase Dementia Deaths in Nursing Homes

Unfortunately, dementia, a form of Alzheimer’s, is “one of the only top-10 cause of death in the U.S. that cannot be prevented, cured or slowed,” says the Alzheimer’s Association. A growing majority of these individuals depend on care provided by others to manage their daily activities, medications, financial needs, and to keep them in safe environments and reside in nursing homes.

People with dementia or Alzheimer’s Disease may be elderly, frail, and naturally prone to higher personal injury rates, infection, or falls and be at a higher risk of dying contributed to several known risk factors:

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