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Portland nursing home neglects to protect resident

Jan 12, 2009 8:00:00 AM

A $2 million lawsuit was filed on December 29, 2008 against Healthcare at Foster Creek, a nursing home in SE Portland, for neglecting to protect a 61-year-old resident with dementia from being sexually abused by Marko Chandler, a 68-year-old male resident with a lesser degree of dementia and a criminal history. The 61-year-old woman was in no state to be able to consent to adult activities of that nature and for months after the incident had refused to eat and had been prone to episodes of crying.

The suit also mentions that at Healthcare at Foster Creek, 38 substantiated complaints of abuse and neglect had been reported in the last four years. In 2008 Healthcare at Foster Creek hadbeen notified of pending fines at least four times. Government authorities inspect nursing homes once a year. Healthcare at Foster Creek is in the 37% of Oregon nursing homes ranking either below or much below average in performance reviews. In Washington, 42% of nursing homes have received sub par rankings.

To compare performance information on nursing homes in the United States, visit the U.S. Department of Health and Human Services Web site www.medicare.gov/nhcompare.

Nun's Family Files Wrongful Death Lawsuit Against Nursing Home

Dec 10, 2008 10:14:44 AM

It was reported last week that the family of a New York nursing home resident who died of a fractured skull when a 200-pound closet fell on her, has sued the nursing home, alleging that its gross negligence and recklessness caused the woman's death. The complaint does not seek a specific amount of damages. Fines have already been levied against the home by state regulators in connection with the incident, and the Attorney General is apparently investigating possible criminal charges.

The complaint alleges that there were two previous incidents in which a closet unit had tipped over on to residents, but the home did not arrange for similar units to be bolted to the wall. Essentially, it is alleged that the home was aware of the danger of closets tipping over, but took no steps to prevent future incidents.

If you or a loved one has been the victim of nursing home negligence in Oregon or Washington, please contact us for a free consultation.

Nursing Home Violations

Oct 28, 2008 8:00:00 AM

In the United States, 94 percent of nursing homes were cited for violations of federal health and safety standards in 2007. The report said that 17 percent had violations that caused "actual harm or immediate jeopardy" to nursing home patients, as stated by the inspector general of the Department of Health and Human Services, Daniel R. Levinson. These issues included infected bedsores, medication mix-ups, poor nutrition as well as nursing home abuse and neglect.

The report lists that two thirds of nursing homes are owned by for-profit companies and 27 percent are owned by nonprofits. Six percent are owned by government entities. 94 percent of for-profit companies were cited for deficiencies last year, compared with 88 percent of nonprofit homes and 91 percent of government homes. Some nursing homes have failed to supply a sufficient staff that has the proper clinical knowledge to successfully care for patients. According to research, people receive better care at homes with a higher ratio of staff to patients.

More than 1.5 million Americans live in the 15,000 nursing homes across the country. As the "Baby Boomers" age, the number of elderly and disabled living in nursing homes will only increase. Typically only once a year nursing homes are inspected. They are required to meet specific federal standards to be able to participate in Medicare and Medicaid. Medicare and Medicaid cover about tow-thirds of the nursing home residents which costs about $75 billion a year.

Three Women Indicted in Oregon Nursing Home Death

May 21, 2008 10:01:13 AM

D’Amore & Associates filed a lawsuit on behalf of the family of Linda Ober who was dropped at a nursing home while being transferred from her bed to her wheelchair.  She suffered serious fractures to both legs in the fall and was left in bed without medical care for days.  Her repeated cries for help were ignored or dismissed by the staff as a “bad dream”.   She died shortly after finally being sent to the hospital.  Criminal charges have been filed against some of the nursing home staff as well.  Many news outlets have done articles about this case.  Please visit the links below for their full stories.

http://www.kgw.com/news-local/stories/kgw_042308_health_patient_death.90cd1661.html
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/120892112264290.xml&coll=7
http://www.lawyersandsettlements.com/features/gateway-care-wrongful-death.html
http://www.adult-care.org/news.ihtml
http://www.kptv.com/news/14854816/detail.html
http://www.kgw.com/news-local/stories/kgw_042308_health_patient_death.90cd1661.html
http://www.1personalinjurylawyers.com/pi/news/nursing-home-death-portland.html
http://www.koin.com/news/local/story.aspx?content_id=e8ba0bd3-5003-4dd2-9b4c-26c5ac57c9e6
http://www.silobreaker.com/Search.aspx?q=linda+ober&rd=true

If you or a loved one has been injured due to the negligence of nursing home staff, contact the attorneys at D’Amore & Associates today to discuss your options. 

Nursing Home Negligence & Elder Abuse

Jan 24, 2008 11:27:15 AM

When you are faced with having to place a loved one in the care of a nursing home, you expect that their needs will be met and that they will be in a safe environment. Unfortunately, nursing home negligence and outright abuse in this area are more common than we would like to think.

Despite many Federal and State regulations, which have been established to protect our loved ones in these settings, a gross number of violations continue to occur every single day, tragically compromising the health, dignity and safety of our elders and the disabled.  As a society, we must not forget that individuals entering nursing homes are the most vulnerable members of our society.

Nursing home negligence and elder abuse can manifest itself in a variety of ways.  While physical and sexual abuse is the one of the most common, some other examples are:

• Use of restraints without proper medical orders
• Deprivation of food or water
• Medication Errors: Over or under-dosing of medication
• Unexplained injuries or failing to report and injury
• Forcing a patient to stay in a room or placing in a secluded area
• Failure to assist with Activities of Daily Living (e.g. dressing, personal hygiene, and eating)
• Unsanitary and unclean conditions
• Stealing a patient's money and/or possessions
• Fraud, forgery, and extortion
• Wrongful use of Power of Attorney, Trusteeship, or Guardianship

Department of Human Services fields thousands of nursing home negligence and elder abuse complaints every year.  However,   investigations into these complaints can be difficult because dementia or other conditions can make residents poor witnesses.

If you must place a loved one into a nursing home, do your homework.  Research the facility.  Take a tour of the home, meet the staff, find out about their licensing and staff certification. 
You should also ask about staff training programs, particularly any on elder abuse, patient safety, and dealing effectively with difficult residents.   Request copies of the latest inspection report, which is required of a facility certified to take Medicare and Medicaid.

Once you place someone into a nursing home, watch for warning signs of abuse.  Common signs that they are suffering from nursing home negligence or elder abuse might be: sudden agitation or emotional withdrawl, unexplained bruises or other injuries and/or rapid weight loss.

The Nursing Home Negligence lawyers at D'Amore & Associates in Oregon and Washington are experienced in all types of nursing home negligence and elder abuse claims.

Centers for Medicare & Medicaid Services (CMS) Releases First Ranking of Nation's Poorest Performing Nursing Homes

Nov 30, 2007 10:58:00 PM

As reported on the Wall Street Journal's health blog, the Centers for Medicare and Medicaid Services (CMS) recently released their first-ever list of the nation's 54 worst performing nursing homes, designated as "Specialty Focus Facilities." According to the CMS press release, the purpose of the list is to "provide beneficiaries and their families the information they need when making long-term care choices."

The nursing homes on the list have been cited for serious deficiences ranging from medication errors, failure to protect residents from falls or from wandering off facility grounds while incapacitated, and failure to provide sound physical, mental or psychological care.

CMS offers families tips on how to choose a good nursing home. Among the tips are:

  • Visit a prospective nursing home. Talk to staff, residents, and other families. Request to see the results from the last state or CMS survey.
  • Prior to a visit, review the survey history of the nursing home on Nursing Home Compare to better understand any areas that may be problematic.
  • Ask the nursing home staff what they are doing to improve the quality of care for residents in the nursing home.
  • Call the state survey agency to learn more about the nursing home. If the facility is in the special focus initiative, find out how long it has participated. Facilities in the program for 18-24 months are either close to "graduating" because of significant improvements to care, or ending their participation in Medicare and Medicaid.
  • Call your local state nursing home ombudsman, Administration on Aging, and local groups to learn more about the nursing home.
  • Consult the Nursing Home Brochure   and Guide to Choosing a Nursing Home.

The nursing home abuse lawyers at D’Amore & Associates in Oregon are experienced in claims regarding nursing home negligence. We understand the feelings of anguish over the thought of a parent's or loved one's neglect. Patients residing in nursing homes and specialized care facilities deserve to be safe and treated respectfully. D’Amore & Associates offers a FREE CONSULTATION to evaluate your nursing home abuse or negligence case.

New Report Says Nursing Home Abuse and Violence Between Patients is Common

Jul 17, 2007 1:37:10 AM

A new study by Cornell University found that while the traditional view of abuse in nursing homes involves staff harming residents, residents may actually have more to fear from other residents.

Of the 747 nursing home residents involved in the study, 42 were involved in 79 different incidents in which the police were called to nursing homes. In most instances, the study's authors explained, the cases involved two residents physically assaulting each other. Triggers included competition over a seat in front of a TV, unwanted touching or a resident wandering into another’s room.

Learn more at D'Amore & Associates website. D’Amore & Associates offers a FREE CONSULTATION to evaluate your nursing home negligence or abuse case.

Jury awards $54 million in nursing home death

Jul 2, 2007 5:49:42 PM

Jurors in New Mexico have awarded $54 million to the family of a woman who died at a nursing home - $4 million in compensatory damages and $50 million in punitive damages. The woman had died of internal bleeding and her family's attorneys produced evidence that the bleeding had been going on for several days without response.