Articles Tagged with wrongful death

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.

nursing home wrongful death

Diabetic Patient Dies After Given Too Much Medication at California Care Facility

A diabetic patient has died at Bella Vista transitional care facility located in San Luis Obispo County in California, and the home is now facing a wrongful death lawsuit. The civil lawsuit states care staff gave an 85-year-old female patient too much medication to manage her diabetes when they dispensed four doses of medicine in less than four hours.

According to the complaint, the woman also had dementia, hypertension, hyperlipidemia in addition to her diabetes while a patient at Bella Vista the last eight months. She relied on facility staff for help with nearly all of her daily living activities and depended on them to manage her conditions and medications. As outlined in local news reports, the troubling events leading up to the woman’s death began in the early morning hours.

candida auris

Dangerous Fungus Infection Takes Life of Northwestern Memorial Patient

A suburban Chicago woman receiving treatment at Northwestern Memorial for Lupus related issues has died from the drug-resistant Candida auris fungus. The most recent outbreak of the super fungus is responsible for the 158 known cases across Illinois since 2016. The family of the patient believe she became infected through a standard intravenous procedure during an intensive care stay. Once a routine blood test detected the infection, the woman was not able to move forward with her Lupus treatments, triggering the fatal outcome.

The family was not aware that Candida auris had also infected other patients at Northwestern during this time and they have since spoken out. Although the medical staff was very supportive, they stated that perhaps if knowledge of the dangerous fungus risk factors had been present through better transparency between the hospital and family members, additional prevention measures could have been taken to prevent her untimely 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 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 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 abuse

Illinois Auditor General Report on 2015 Quincy Legionnaires’ Outbreak Reveals Procedures Not Followed and Possible “Cover Up”

On Monday, March 25 the Illinois Auditor General released the state report related to the deadly Legionnaires’ disease outbreak at an Illinois veterans’ home located in Quincy that began on August 21, 2015. The infectious disease crisis carried along for several years and impacted 66 residents and 8 others who tested positive for legionella and resulted in 13 resident deaths which likely could have been prevented. The report contradicted the state’s former administration’s solutions to the outbreak and showed recommendations led by federal authorities to remedy the crisis were not actually followed.

Our legal team has highlighted these key themes found within the state audit report:

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

nursing home drug dangers

Elder Justice Coalition Links Nursing Home Abuse and Opioid Abuse

With an opioid epidemic in our country that is beyond alerting, it remains evident that the 2017 guidelines The Centers for Disease Control and Prevention (CDC) set forth for managing chronic pain with caution against opioid use are not being followed. The CDC continues to warn that the benefits for improving pain and function through dangerous opioids must outweigh the risks when prescribing and administering the drugs. One group of Americans persistently impacted by the mismanagement of opioids is the nursing home population.

The nonpartisan Elder Justice Coalition (EJC) recently met with the Department of Health and Human Services’ (HHS) Assistant Secretary for Health and Senior Advisor for Opioid Policy, Admiral Brett Giroir in response to the opioid crisis. Assistant Secretary for Aging and Administrator of the Administration for Community Living (ACL), Lance Robertson and leadership of the National Adult Protective Services Association (NAPSA) were also present. EJC National Coordinator Bob Blancato released this statement recapping the meeting in a January 23, 2019 EJC press release.

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