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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
Medical Negligence, Mistakes and Malpractice
- Medical Malpractice Myth - Tom Baker's Book
- Medical Malpractice Insurers Faked Lawsuit Crisis
- Medical Malpractice and Tort Reform: AAJ Primer
- Would Tort or Medical Malpractice Lawsuit Reform Lower Health Care Costs?
- Americans for Insurance Reform Articles on Medical Malpractice
Personal Injury & Wrongful Death
- Auto Accident Insurance (Underinsured Motorist Coverage)
- Life Care Plans for Future Care in Personal Injury Cases Add Up
- $1.9 Million Settlement to Man Killed by Drunk Driver
- Threat of Personal Injury from Dog Bites in Fayetteville North Carolina
Insurance: Unfair Insurance Claim Practices
- Assurant Insurance (formerly Fortis Insurance) Pays Dearly For Misconduct
- Buying Disability Insurance Article May Help Avoid Problems With Unfair Disability Insurance Claim Denials
- Unum Insurance, Provident Life Insurance, Paul Revere Insurance - Regulatory Settlement Details, etc.
- Independent Insurance Adjusters - Help With Insurance Claim Problems
- Insurance Bad Faith Claims on Wikipedia
General
News
- Article on Nursing Home Injury and Nursing Home Wrongful Death Lawsuit Pioneer
Posted on 5/14/2009 - Sunbridge Nursing Home Lawsuit Filed
Posted on 5/13/2009 - Family sues nursing home in alleged sex attack
Posted on 5/13/2009 - Kindred Nursing Homes and Hospitals' Profits Increased in First Quarter 2009
Posted on 5/6/2009 - North Carolina Medical Malpractice Case Filed Against Hospital Over Death Of Child
Posted on 5/5/2009
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
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.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
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
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
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 Staff Job Satisfaction Changes Could Reduce Nursing Home Abuse, Neglect, Injury and Death Lawsuits
By Thomas Waitt Pleasant, North Carolina (Raleigh, Wilmington, Fayetteville) nursing home and medical malpractice injury and wrongful death attorney.McKnights Long Term Care News reports ( http://www.mcknights.com/Job-satisfaction-latest-nurse-recruitment-tool/article/116684/?DCMP=EMC-MCK_Daily ) that certain nursing home chains and facilities are apparently finally getting the message that the quality of their care is driven by the satisfaction of their caregivers. This, of course, has a direct link to the kinds of problems that lead to nursing home abuse, injury, and wrongful death lawsuits and claims. This encouraging news suggests that some nursing home chains are actually striving to improve the staffing levels as part of this effort. Of course, overworked nurses and certified nurses assistants in skilled nursing facilities are not happy. Those who accept positions in nursing homes that overwork and underpay their staff are more likely to be less caring, and more prone to neglect and abuse of the elderly. Understaffing is a key aspect of most nursing home injury and/or wrongful death cases, because when there simply aren’t enough people to take care of the patient, the patient suffers. This is particularly true in a nursing home, because the patients are all in need of lots of skilled nursing care. If you are reading this because you or a loved one has suffered abuse, neglect, injury or death as a result of nursing home abuse or neglect; feel free to contact my office to discuss your matter. We are available to meet with you wherever you are, including, but not limited to, our locations in Raleigh, Wilmington and Fayetteville, North Carolina. You can contact us Toll Free at 888-435-7156, and for more information, visit www.pleasantlaw.com or http://www.pleasantlaw.com/practice_areas/nursing-home-abuse-neglect1.cfm .Nursing Home Nursing Directors: Staffing Problems Biggest Headache
By Thomas Waitt Pleasant, North Carolina Nursing Home Lawyer, Insurance Lawyer and Medical Malpractice Lawyer. McKnight’s reports that staff recruitment and retention are huge headaches for directors of nursing in nursing homes. (see http://www.mcknights.com/DONs-most-stressed-over-staff-issues-long-term-care-survey-suggests/article/121274/?DCMP=EMC-MCK_Daily) My personal opinion (and I think, fairly, the opinion of many other lawyers and attorneys handling nursing home injury, abuse, and wrongful death cases) is that this is the “root of all evil” in nursing homes, so to speak. Generally speaking, it seems that the nursing home industry has had little trouble making money and being profitable generally. (Big equity firms like Carlyle Group don’t buy unprofitable businesses, or at least businesses that they don’t think can be turned around in order to make a lot of money.) But nursing home jobs aren’t that much different form other industries in terms of attracting good employees – the market demands a certain wage; and if the nursing homes are not willing to pay the market wage to get enough decent employees, they will not get enough decent employees. Result: harm to nursing home residents from lack of staffing. Nursing homes must get their homes staffed properly in order to avoid hurting their patients. Increasing staffing will also, apparently, help reduce some of the stress now on their directors of nursing – which will itself likely help nursing homes avoid problems with their resident care, and avoid abuse, neglect, injury and wrongful death. Contact me at The Law Offices of Thomas Waitt Pleasant, PLLC for a free consultation if you or your loved one has suffered injury or harm as a result of a nursing home’s negligence or bad care. We will make the evaluation process easy for you, and will consider cases in any region of North Carolina. Specifically, we have locations in Raleigh, Wilmington, and Fayetteville. Toll Free 888-435-7156.
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