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Nursing Home Abuse & Neglect
- Skilled Nursing Facilities - Real Estate or Health Care?
- Nurse-to-Patient ratios have affected care in nursing homes.
- Omega's nursing home/long term care acquisitions: can nursing homes plead poverty?
- Nursing Homes Misuse Money Marked for Staffing: Evidence of Corporate Neglect?
- Nursing home abuse in North Carolina, Unfair Arbitration Clauses
News
- Article on Nursing Home Injury and Nursing Home Wrongful Death Lawsuit Pioneer
Posted on 5/14/2009 - Family sues nursing home in alleged sex attack
Posted on 5/13/2009 - Sunbridge Nursing Home Lawsuit Filed
Posted on 5/13/2009 - Kindred Nursing Homes and Hospitals' Profits Increased in First Quarter 2009
Posted on 5/6/2009 - Nursing Home Dehydration Death - Lawsuit Verdict Sends Message
Posted on 4/29/2009
Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)
North Carolina Injury and Wrongful Death Attorney Thomas Waitt Pleasant's blog, facilitating commentary on North Carolina nursing home abuse, injury, neglect, and wrongful death; as well as medical malpractice, medical mistakes and medical negligence. Topics also include unfair and bad faith insurance claims practices.Nursing Home Abuse & Neglect
Skilled Nursing Facilities - Real Estate or Health Care?
The business side of skilled nursing facilities and nursing homes is an important driving force behing the actions of those who operate nursing homes. These actions can lead to nursing malpractice, and injury and death to nursing home residents.Labels: Nursing Home Abuse
Nurse-to-Patient ratios have affected care in nursing homes.
Studies show that nurse-to-patient ratios have an affect on care in nursing homes. North Carolina should refer to California mandated staffing levels as it can improve the quality of care from nurse to patient.Omega's nursing home/long term care acquisitions: can nursing homes plead poverty?
Report shows a purchse of nursing home chain at a cost over $200 million. Why pay this much if it's not profitable? With those totals, there is no excuse for understaffing that so often leads to nursing home abuse and neglect claims.Nursing Homes Misuse Money Marked for Staffing: Evidence of Corporate Neglect?
Certain nursing homes in another state received additional funding for nursing homes totaling $880 million, for hiring more staff and to increase wages. However, nursing homes are cutting staff and paying lower wages. Understaffing and lower wages can cause nursing home abuse, neglect, injury and wrongful death in North Carolina and other areas.Nursing home abuse in North Carolina, Unfair Arbitration Clauses
Arbitration clauses unfairly limit victims' rights in nursing home abuse, neglect, injury and wrongful death cases in North Carolina and other places.Labels: Nursing Home Arbitration
"Upcoding" in Nursing Homes - A Different Kind of Nursing Home "Abuse"
Nursing homes abuse the system in ways other than through injury and death to its residents. Nursing homes also sometimes abuse the system financially, taking advantage of the government for the nursing care they provide their nursing home residents.Labels: Nursing Home Politics: National
Golden Living Centers in North Carolina and elsewhere - are the alleged problems in this nursing chain over?
Golden living centers nursing homes in North Carolina and other states have been alleged to be abusive and neglectful. A nursing home lawyer can help with nursing home claims against Golden Living and other nursing facilitiesNursing Home Transparency Bill Passes
Lawsuits and claims against nursing homes and assisted living facilities in North Carolina. The Law Offices of Thomas Waitt Pleasant can help and offers free consultations in most cases.Nursing Home Abuse: Accountability and Transparency
This article from The Frederick News-Post Online lays out some of the concerns about nursing home transparency and accountability. When nursing home and health care become such big business, executives and decision-makers who control budgets become removed from what is happening on the "front lines" in the actual nursing home. There seems to be an insulation from those realities, including what it takes to actually care for residents appropriately; and the focus tends to be on profit and the "bottom line" for the nursing home facilities. When nursing homes set up complicated schemes to avoid liability, the patients, and society, suffer. Accountability is important to Americans, and the nursing home should be no less accountable to those it harms through negligence than are regular people when they are negligent.CNA Treatment Surely Affects Patient Care In Nursing Homes
The National Nursing Assistant Survey: Improving the Evidence Base for Policy Initiatives to Strengthen the Certified Nursing Assistant Workforce summarizes conditions for nursing home Certified Nursing Assistants, or CNA's. Greater than fifty percent received at least one work-related injury during 2008, and roughly sixteen percent don't have any health insurance coverage, mostly because of the high cost. More than thirty three percent of CNA's are getting some form of government or public assistance, like food stamps or rental subsidies. Their median pay per hour is $10.04. They provide 8 out of every 10 hours of resident care. It's no wonder many nursing home patients get bad care and get hurt or killed in nursing homes.Labels: Nursing Home Understaffing
Sava Senior Care (Brian Center Nursing Homes) Article: Nursing Homes Operating Without Insurance
By Thomas Waitt Pleasant, North Carolina Nursing Home Laywer (Raleigh, Wilmington, Fayetteville). Toll Free 888.435.7156. This article from a major metropolitan newspaper details a lawsuit filed against Sava Senior Care, a large operator of nursing homes, including many nursing homes in North Carolina. It is my understanding that Sava Senior Care owns many (if not all) of the nursing homes operating under the Brian Center name. The lawsuit accuses Sava Senior Care nursing homes of operating without the insurance required. This insurance requirement does not, unfortunately, apply to North Carolina nursing homes. This creates a huge problem. Just as the law requires automobile owners to carry motor vehicle insurance to provide compensation to those injured by the neglgence of other drivers, nursing homes should be required to do the same with liability insurance for those instances where nursing home residents are wrongfully killed or injured by nursing home abuse or neglgect. Attempts to avoid liability by not carrying insurance go hand in hand with a common nursing home chain ploy to hide money and property so that judgments cannot be collected. Another article details allegations from a lawsuit several years ago about how certain nursing home chains improperly and fraudulently transferred assets to Sava Senior Care. If you or someone you know has been hurt by a nursing home, consider having your case evaluated by a lawyer who handles nursing home abuse, injury and wrongful death claims.Britthaven Nursing Homes: On the Watch List?
By Thomas Waitt Pleasant, Nursing Home and Medical Negligence Attorney In North Carolina. Toll Free 888.435.7156. This nursing home abuse blog entry references a Britthaven nursing home (outside North Carolina) that is (or was) on the government "watch list" in Kentucky. Britthaven operates nursing homes in North Carolina, Virginia and Kentucky. This nursing home abuse blog has some other interesting information about some other nursing home chains, and other nursing home abuse information for families who are dealing with nursing home abuse, nursing home neglect, nursing home injury and/or nursing home wrongful death.Labels: Nursing Homes: Britthaven
Does the Nursing Home Have Enough Staff? Some Helpful Criteria
By Thomas Waitt Pleasant, Lawyer Handling Nursing Home Cases in North Carolina. Toll Free 888.435.7156. Here are some quick criteria (Adapted from the National Citizens Coalition for Nursing Home Reform's "A Consumer's Guide to Choosing a Nursing Home." It can be used to determine whether a nursing home has adequate staff. Adequate staffing is critical to proper healthcare for the elderly nursing home resident. Understaffing can lead to all kinds of problems, including pressure sores, malnutrition and infections. To avoid ever having to deal with the prospect of a medical malpractice lawsuit, family members should consider these things before deciding which nursing home might be right for their loved one:1. Do staff respond quickly to call lights or calls for help?
2. Have staff worked there long enough to call the nursing home residents by name?
3. Is the interaction between staff and the nursing home residents pleasant and respectful?
4. Are the same nursing home staff available every week?
5. Is there enough nursing home staff to assist each the nursing home resident who requires help with eating without rushing any resident?
6. Are the nursing home residents helped and encouraged to drink at mealtimes?
7. Are the nursing home residents up and groomed daily?
8. Are the nursing home residents helped to move, walk, and use wheelchairs, walkers, and canes?
9. Does the nursing home look and smell clean?
10. Do the nursing home residents seem relaxed and generally content?
11. Does the nursing home staff spend time talking to the nursing home residents?
If you need assistance with a nursing home problem in North Carolina, contact my office. We offer a free initial consultation for nursing home cases. We handle nursing home abuse, nursing home injury, nursing home wrongful death, and other medical negligence and medical mistake cases throughout North Carolina, and have convenient meeting locations in Raleigh, Wilmington and Fayetteville, North Carolina. Toll Free 888.435.7156.
Labels: Nursing Home Understaffing
Wound Ostomy Article: Reducing Pressure Ulcers in Long Term Care (Including Nursing Homes)
By Thomas Waitt Pleasant, Nursing Home Lawyer In North Carolina (Raleigh, Wilmington, Fayetteville) Toll Free 888.435.7156.. Here is a link to a recent article relating studies on the reduction of pressure ulcers (or pressure sores) in nursing homes and other long-term care settings. Pressure sores seem to show up in many nursing home abuse and neglect cases. In my North Carolina nursing home injury and wrongful death law practice, pressure sores are frequently an issue that has to be dealt with. Often pressure sores become infected if not treated properly, and the infection can enter the blood stream and lead to sepsis, and even death. The worst pressure sores can be gruesome, exposing deep layers of muscle, and even bone. If you suspect your loved one who is in a nursing home has a pressure sore, or may have died from a pressure sore. you might consider seeking legal advice.CMS "Never Events" Provide Some Insight For Those Hurt by Nursing Homes, Hospitals, Doctors
By Thomas Waitt Pleasant, North Carolina Injury and Wrongful Death Attorney. Toll Free 888.435.7156. CMS (Medicare) reimburses a huge portion of the cost of medical care for this nation's senior citizens and elderly, including medical care given by doctors/physicians, nursing homes, and hospitals. CMS has a list of what are known as "never events" for which it will not reimburse doctors, hospitals, and other healthcare providers. In other words, the cost to pay for the healthcare associated with a "never event" will not be reimbursed to that particular doctor, hospital or other healthcare provider. The list of "never events" provides some insight into whether a nursing home injury (or wrongful death) was the result of bad care. A recent article provides a quick list of these events, which include some things that pop up in many nursing home cases. For example, pressure ulcers or "pressure sores," catheter-associated urinary tract infections; and hospital-acquired injuries such as fractures, dislocations, and intracranial injuries. CMS considers these to be preventable/avoidable injuries, generally speaking. Although it is not clear that these "never events" apply to nursing homes specifically, this article is a good, quick read for families considering placing a loved one in a nursing home, so that these "red flags" are known. If nothing else, they may help those under the care of physicians, nurses, doctors, hospitals and other caregivers. If you have a loved one who has already experienced bad care, injury, abuse or neglect in a nursing home or hospital, feel free to contact my office. We generally provide a free consultation/evaluation for nursing home and medical negligence cases. Call Toll Free, 888.435.7156.Labels: Never Events (CMS)
Nursing Home Transparency Act Reintroduced
By Thomas Waitt Pleasant, Nursing Home Abuse Attorney in North Carolina. Toll Free 888.435.7156. NCCNR, a key citizens' advocacy group for patient rights in nursing homes, recently added a press release regarding the nursing home transparency bill to its website. This document will give you a pretty good summary of what that nursing home bill is all about. I have blogged a little about this bill in the past. This bill is fair, and important to regular people. It helps preserve people's right to justice in our courts. Nursing homes have almost overwhelmingly adopted an organizational structure that makes it difficult to determine who is actually running the nurisng home, and difficult to collect rightfully-won court judgments due to the "siphoning" of funds from the actual licensed facility. This proplsed law would cut though some of the "smoke and mirrors" used by many nursing homes in their attempt to avoid legitimate court judgments and liability. Nursing home cases are not just medical cases -- they typically involve more complicated business/corporate issues. If you or someone you love has been hurt or killed in a nursing home or assisted living facility, you should find an attorney who understands these corporate issues. My office provides free consultations in nursing home injury, abuse, neglect, and wrongful death cases. Call Toll Free 888.435.7156 to speak with a firm representative. We handle nursing home cases anywhere in North Carolina, and have locations in Raleigh, Wilmington and Fayetteville.Unfair Nursing Home Regulation Gets National Attention on Keith Olbermann's Show
A recent Countdown (with Keith Olbermann) video highlights the unfair and "secretively" passed regulation passed by the Bush administration, which makes it exceedingly difficult for nursing home lawyers, and the vicitms of nursing home injury and/or wrongful death they represent, to get to the truth from state inspectors and state inspection agencies. A recent news item was posted on this site regarding the passing of this regulation, which was a surprise to most nursing home lawyers. It's good to see this issue getting some real press. The public needs to be informed about this significant loss of rights.Data Brief - Pressure Ulcers Among Nursing Home Residents
By Raleigh, Wilmington and Fayetteville North Carolina Injury and Wrongful Death Attorney Thomas W. Pleasant. The Division of Health Care Statistics (DHCS) of the National Center for Health Statistics (NCHS) released its Long-Term Care Statistics Branch NCHS Data Brief: Pressure Ulcers Among Nursing Home Residents: United States, 2004. After clicking on this link, you can access the data brief by clicking on "New Report Shows 1 in 10 Nursing Home Residents Have Bed Sores." This brief may be of interest to those involved in nursing home litigation, or legal cases against hospitals, where the patient or resident developed pressure ulcers or pressure sores. Pressure sores are a recurring theme in nursing home claims. For more information about nursing home lawsuits, and legal representation in nursing home or hospital cases in North Carolina, you can contact me Toll Free at 888-435-7156.Labels: Nursing Home Pressure Sores
Pressure Ulcer Information from Wound Care Association (May Help Nursing Home Staff)
By North Carolina nursing home, assisted living attorney Thomas Waitt Pleasant. Toll Free 888-435-7156. The Canadian Association of Wound Care sponsors a pressure sore prevention website for its Pressure Sore Awareness Program. This site has some good, basic information that may be of use to those who have family or friends in a nursing home or assisted living facility. While understaffing in nursing homes is a major cause of pressure sores (because the lack of staff prohibits proper turning and repositioning, and also proper nutrition required for the healing of pressure sores or pressure ulcers), this site gives some basic healthcare information on how -- assuming the nursing home, hospital or other health care facility has sufficient staff -- to evaluate the risk a nursing home or hospital resident has for developing pressure sores; and how to treat those sores to keep them from getting worse. This organization has develped a program to help facilities reduce pressure sores. Bad pressure sores generally should not happen, and if you or someone you care about has serious pressure sores, you may wish to contact a nursing home lawyer to help you determine whether a legal claim is appropriate. I am available to assist with such an evaluation in North Carolina, and can arrange to meet with clients anywhere in North Carolina, including at our Raleigh, Wilmington or Fayetteville North Carolina locations. Contact my office for help. Toll Free 888-435-7156.Labels: Nursing Home Pressure Sores
Being Elderly Today is Difficult
By Thomas Waitt Pleasant, North Carolina Medical Negligence Attorney. Toll Free 888-435-7156. Ken Connor, formerly of a national law firm specializing in personal injury with a particular emphasis on nursing home and medical cases, writes an interesting article about the difficulties of aging in our society, considering the problems we have in our nursing home industry. The article is entitled Old Age Ain't For Sissies, and is availabgle at the Center for a Just Society website. Our society depends upon these nursing and assisted living facitilies to care for our elderly loved ones; but we are seeing a surprising lack of care. Arguably, due to lack of staffing, we see too many unfortunate circumstances of our elderly being hurt in nursing homes, abused by nursing home staff, and even killed by the wrongful conduct of nurisng homes and their stafffs.CBS Reports Nursing Home Abuse On The Rise (A Symptom of Understaffing at Nursing Homes)
By Thomas Waitt Pleasant, (Raleigh, Fayetteville, Wilmington) North Carolina Nursing Home Lawyer. Toll Free (888) 435-7156. CBS News reported in 2001 that nursing home abuse is increasing (See Nursing Home Abuse Increasing), citing a congressional report stating that 1,600 nursing homes had been cited for abuse of its nursing home residents. This is, incredibly, about one third of all nursing homes in the united states. It would be interesting to see current statistics on this, and to see how these nursing home abuse statistics pan out for North Carolina nursing homes versus other states. This is not surprising, though, and I would be surprised to learn that nursing home abuse, injury and wrongful death statustics have gotten any better, unfortunately. Once again, along the same lines as other of my blog entries, these problems utlimately have to do with money and budgeting. A nursing home administrator might be trying to do a good job; but cannot due to the budget constraints set by the nursing home's corporate headquarters or nursing home owners. Abuse by nursing home staff generally arises because those being hired have not been properly screened, and the pool of available employees is limited because of the low pay. When you can work at McDonald's for as much as you can make as a nursing assistant at a nursing home, the incentive is low to take the nursing home job: it is likely more difficult. Nursing homes have been historically very profitable. Otherwise, big equity groups like Carlyle would not be in the nursing home business. So, nursing homes must allocate more realistic amounts of money in their facility budgets to ensure that the proper nursing staff can be hired and retained. The bodies and lives of nursing home residents in North Carolina, and in all states, is worth it. Families with loved ones in nursing homes, unfortunately, need to be educated about the signs of nursing home abuse and neglect. If you are interested in this topic, you can download my free e-book, "12 Tips for Dealing with Nursing Home Abuse, Neglect and Wrongful Death." Additionally, you might want to contact my office for help.
Labels: Nursing Home Understaffing
Nursing Home Worker Shortage Expected (Expected to Get Worse, In My Opinion)
By North Carolina Nursing Home and Medical Negligence Injury and Wrongful Death Attorney Thomas Pleasant. Toll Free 888.435.7156. McKnight’s recently reported on the anticipated shortage of nursing home staff, and possible legislative efforts designed to combat this anticipated understaffing. (See Legislation to Boost Caregiving Workforce Introduced) While a future shortage appears likely, it’s important for people to recognize that this is, in my opinion, an expected worsening of an already-existing problem. For those lawyers who handle nursing home injury and wrongful death claims, it seems clear that there is already an understaffing problem in nursing homes in North Carolina and elsewhere. Truly, this seems to be (at this particular time) an epidemic problem. It is also critical that the public understand that a future understaffing problem caused by an increase in the elderly nursing home population does not change the other nursing home understaffing root causes (too much focus on profits over people). I expect that that understaffing, and resulting injury and wrongful death, will indeed get worse. Considering what appears to me to be the sorry state of so many nursing homes at present, a worsening of understaffing really does, and should, raise concerns. I am reviewing a case right now involving a rehabilitation stay that was to be relatively short (a couple of months), where the nursing home resident died due almost completely to dehydration; and this gentleman had a feeding tube (in other words, the nursing facility was controlling, mechanically, how much nutrition and hydration this man was receiving). Yet, his dehydration became so severe due to the neglect of the nurses and nursing staff at this nursing home, that his body eventually shut down. This kind of neglect is not usually the result of the evil intent of nursing staff. Rather, it results from understaffing. The nursing assistants simply cannot take care of all the residents, because there are not enough of them. Budget constraints set by owners and executives are often the root problem. If you or someone you care about is in a nursing facility; and not getting the care they deserve, contact my office for help. A lawsuit is often not the appropriate solution, but you might consider getting legal help to evaluate your case and help you determine what you should do. We handle nursing home abuse cases in Raleigh, Wilmington, Fayetteville, and other areas of North Carolina. And generally we will come to you to assist you with your case.
Labels: Nursing Home Understaffing
Infection Guidelines: Many Hospital Acquired Infections Are Preventable
By Medical Malpractice, Nursing Home Abuse & Neglect Attorney Thomas Waitt Pleasant (Raleigh, Wilmington, Fayetteville, Toll Free 888-435-7156. The United States Department of Health and Human Services has taken a step in the right direction in order to deal with hospital acquired infections, a problem that seems to be on the rise. Many of the nursing home and medical malpractice cases that come through my office involve some type of infection. Many of these are preventable.
Specifically, HHS released official guidelines this week for the reduction of infections in hospitals, including guidelines related to six of the more common hospital acquired infections (HAIs). The report is entitled "HHS ACtion Plan to Prevent Healthcare-Associated Infections." These six infections include methicillin-resistant Staphylococcus aureus (“MRSA”) and Clostridium difficile (“C Diff”). These infections are seen quite often in nursing homes, rest homes, assisted living facilities, and hospitals.
Besides MRSA and C. diff infections, HHS identified these as the most common hospital acquired infections:
- catheter-linked urinary infections;
- surgical site infections;
- blood-stream infections (from intravenous lines); and
- pneumonia from ventilators.
In order to prevent infections from hospitals and other healthcare facilities like nursing homes, HHS recommends, among other things:
- adequate control of blood sugar among diabetic patients;
- more prudent use of both ventilators and catheters;
- increased use of sterile techniques, including sterile gloves, sterile gowns, masks and caps when inserting central venous catheters; and
- improper use of catheters in nursing homes for the management of incontinent patients
Medical negligence casese, including those involving nursing home abuse and neglect, often involve infections that were preventable. If you or someone you love has been injured or killed by an infection that you believe was preventable; or if that person has suffered injury or death as a result of other medical mistakes or negligence; or nursing home abuse or neglect; feel free to contact The Law Offices of Thomas Waitt Pleasant, Toll Free at 888-435-7156. We offer three convenient North Carolina locations: Wilmington, Raleigh and Fayetteville, or will come to you if necessary.
Medicaid Funding Increase Possible and Would Benefit Nursing Homes and Nursing Home Residents
By Thomas Waitt Pleasant, North Carolina injury and wrongful death attorney. Toll-free 888-435-7156. McKnight's long-term care news reports (http://www.mcknights.com/Massive-stimulus-package-likely-to-include-Medicaid-funds/article/122738/?DCMP=EMC-MCK_Daily) that a massive stimulus package taking shape in Washington will likely include billions of dollars in additional Medicaid funding. This is good news. Primarily, this is good news for the elderly on Medicaid to pay for their care and nursing homes. Because understaffing is such a concern in nursing homes (and not infrequently results in injury and/or abuse in the nursing home environment), additional Medicare funding will at least make nursing homes less able to claim that financial conditions deter them from hiring adequate staff, and hiring staff with proper qualifications. I am sure this statement appears in other entries in my blog, so at the risk of repeating myself I will say again that understaffing is probably the single most important factor contributing to nursing home injury, abuse, neglect, and/or wrongful death. Nursing home injury attorneys see this over and over again when screening, evaluating and litigating cases. If you or someone you love is in a skilled nursing facility or assisted living facility, and you feel that there are not enough caregivers (whether registered nurses, licensed practical nurses, certified nurses assistants, etc.), chances are you should be concerned for the welfare of the residents of the facility. If you feel that you or someone you love has been a victim of nursing home abuse or neglect, including any situation where that person has been injured or possibly killed through the negligence of the nursing home, I would be happy to assist you in determining whether you may have a claim against the nursing home. The Law Offices of Thomas Waitt Pleasant handles nursing home, medical malpractice and insurance cases across North Carolina.Labels: Nursing Home Understaffing
Nursing Home Surveys and Surveyor Testimony Off Limits
By Thomas Pleasant, North Carolina Nursing Home and Medical Negliegence Attorney (888-435-7156). The Department of Health and Human Services has issued a new regulation relating to testimony by its employees, as well as the production of documents in proceedings where the United States is not a party. This regulation was made effective in October 2008, and (although it allows an exception if the head of the agency allows it) essentially blocks nursing home abuse, injury and wrongful death lawyers from using state survey information in the investigation and preparation of their cases. It also prevents lawyers handling nursing home abuse claims from taking testimony from the state employees who inspect nursing homes. These nursing home inspection documents are sometimes full information showing that the particular nursing home at issue was aware of major problems at the nursing home, and still failed or refused to do anything about it. This kind of “pattern” evidence can be important in showing why the abuse, neglect, injury or wrongful death happened at the nursing facility. The rule is 45 CFR Part 2. This is not a good development for the protection of the elderly whose care is at the hands of nursing homes, but it will not stop attorneys from pursuing nursing home injury and death claims, whether they are from a nursing home resident falling and getting hurt in a nursing home; a nursing home resident getting avoidable pressure ulcers or pressure sores in the nursing home; nursing home residents being malnourished and dehydrated; or any other form of nursing home abuse. For more information about health care regulations, see http://www.hhs.gov/. The Law Offices of Thomas Waitt Pleasant, PLLC can help you if you feel you or a loved one has been hurt in or by a nursing home in North Carolina. You can contact my office Toll Free at 888-435-7156 to discuss your legal problem. We also handle legal claims arising from the negligence and/or malpractice of doctors, hospitals, nurses and other healthcare providers; as well as unfair insurance claims practices. We will come to you if necessary, and also offer meeting locations in Raleigh, Wilmington, and Fayetteville. For more information, see www.pleasantlaw.com.
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