Personal Injury Law Update

Nun's Family Files Wrongful Death Lawsuit Against Nursing Home

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.

Despite violations, nursing homes receive bonuses

Despite reports showing that 94 percent of nursing homes have been cited for violations, taxpayer-funded bonuses are dispersed to nursing homes throughout the country. The Des Moines Register reviewed 81 bonus programs in 36 states and found that although the nursing homes are not meeting standards, they receive quality of care bonuses and other bonus payments. These bonuses are being approved by the same agency that is disciplining them for violations. Over 60 of these bonus programs are meant to help nursing homes provide proper care, to pay their employees the minimum wage, and provide safe conditions for the residents. Nursing homes that have documented violations, including negligence and abuse, are still getting bonuses.

The Centers for Medicare and Medicaid Services, CMS, says that it does not know the total cost to the taxpayer. CMS does not track any of the payments made to the bonus programs, but does help with funding of the programs. A spokeswoman for CMS, Mary Kahn, said that “the law does not require- and thus the agency cannot require- that Medicaid-funded bonuses be linked to quality of care.” She also stated, “We approve, up front, a state’s plan to pay incentive payments to their nursing facilities through Medicaid, but we do not have the authority to dictate how they determine what those payments are or what criteria they use to make them.”

Of the 81 programs operating in the 36 states, 15 of them are said to be directly related to care. The remaining 66 are meant to provide bonuses for other areas of services such as efficiency. The CMS has proposed a plan for a program based on performance tying federal grants to nursing home compliance with minimum standards of care, but this has yet to be passed. Legislation has approved continued use of the bonus programs through June 2009.

Are hidden cameras a solution for nursing home abuse?

New York State Attorney General Andrew Cuomo will be increasing the use of hidden cameras in nursing homes throughout western New York. Many facilities in the New York area have already been using hidden cameras, which has lead to 26 convictions of nurses, nursing aides and a nursing home owner. Hidden cameras are being used both to provide evidence of negligence and to deter nursing home employees from committing elder abuse.

As reported in the Buffalo News, “the initiative involves placing a hidden video camera in resident rooms, with the permission of families or legal representatives but without the knowledge of the nursing home. The video can be monitored in real time to stop abuse if it is occurring and used as evidence to make a case at trial.”

Cuomo stated, "I want nursing home operators to know we are using technology as a deterrent. Homes should assume there is a camera in the room." Only time will tell if hidden cameras in nursing homes will prevent elder abuse, but in the mean time, cameras will be able to catch nursing home employees in the act of negligent behavior toward their patients. Other states are looking into legislation allowing cameras in nursing homes with New Mexico, Texas and New York allowing cameras already.

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.