Personal Injury Law Update

Nursing Home Negligence & Elder Abuse

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

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

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

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.