Articles Posted in Nursing Home Neglect

In Tennessee and all across the country, when we have to put our loved ones in the care of others, we expect that they will receive proper medical care and treatment. Unfortunately, sometimes nursing homes and other facilities are understaffed and overworked and this can lead to injury or even death of a patient or a family’s loved one. If you or someone you love has been in a nursing home or facility and then been seriously injured as a result, you should speak with a Tennessee nursing home neglect lawyer right away. They will hear your case and make sure you get the compensation you deserve for your loved one.

In this case, a man claims that a nursing assistant from the health center where his mother was staying left a cleaning brush in his mother’s tracheotomy. According to the lawsuit, Josephine Rosario, seventy-four, came into the Lopatcong Center in May of 2010 after receiving treatment for a respiratory problem associated with a chronic obstructive pulmonary disease. Rosario was rehabilitating at the facility before going home. Also the lawsuit claims that in January around one in the morning, a certificated nursing assistant checked on Rosario. An hour later according to records, the staff of the facility found her sitting on the side of her bed and leaning on a table, unresponsive.

The lawsuit goes on to state that a tracheotomy brush was sticking out of the tracheotomy opening in Rosario’s throat and she could not breathe. The brush was removed and the staff attempted to revive her and she was taken to the emergency room. At the hospital, it was determined that Rosario suffered bad brain damage due to a lack of oxygen and on January 28th, the family was told that this condition would most likely be permanent. Rosario was taken to another health facility, where she is staying, completely ventilated and tube-fed.
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In Tennessee and all across the country, our loved ones sometimes need more care than we can provide for them. This usually means that they have to enter a nursing home. However, when we choose a nursing home for our loved ones we expect that they will be properly cared for. Unfortunately, many nursing home patients can be seriously injured or die due to the nursing home neglect. This may be because many nursing homes are understaffed or improperly trained. Whatever the reason, if you or one of your loved ones has been seriously injured or died as a result of nursing home medical malpractice then you should talk to a Tennessee nursing home and medical malpractice lawyer as soon as possible. They will hear your case and make sure you get the compensation you are entitled to.

According to this case, a jury awarded Dorothy Douglas’ family $11.5 million in compensatory damages and $80 million in punitive damages after finding the nursing home indirectly responsible for causing the woman’s death. The family claims that Douglas died from complications from dehydration after being transferred to the nursing home three weeks before her death. During the trial, the lawsuit claimed that the nursing home did not have enough staff members and this claim was confirmed by former employees that stated because of the poor working conditions, they could not properly care for patients.

The lawyers for the nursing home are claiming that the $11.5 million in compensatory and punitive damages should be reduced according to the state’s medical malpractice law. In 2003, the state amended the law to place a cap of $500,000 plus inflationary adjustments, on non-economic damages for medical negligence. The Supreme Court ruled that the cap was constitutional. The lawyers for the nursing home also state that the $80 million in compensatory damages far exceeds what the facts justify in the case.

The lawyers for Douglas family claim that the law does not apply to nursing homes and nursing home aides.
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When Tennessee residents and people all over the United States have to decide to place their loved ones in the care of a nursing home, they expect that their loved ones will be treated with respect and receive proper medical care and attention. Unfortunately, however, many nursing homes are understaffed and improperly trained and this leads to infections and serious injuries for the nursing home patients. If you or someone you care about has suffered from a medical condition or injury while in a nursing home, then you should talk to a Tennessee nursing home neglect lawyer right away. They will hear your case and help make sure you get the compensation you need.

According to this lawsuit, attorneys for a fifty-five year old woman claimed that a home care nurse failed to a report a bacterial infection in the woman’s feeding catheter. The woman was being treated for complications from Crohn’s disease and the delay in treatment for the infection led to a near fatal bloodstream infection in October of 2008 resulting in the woman losing portions of both of her legs.

The jury found the nurse and the St. Luke’s Miners Memorial Home Care liable and awarded $23.1 million for medical expenses, lost earnings, and pain and suffering to the woman. The attorneys for the woman stated that the woman hoped that, “the verdict would result in St Luke’s redoubling its efforts to help prevent such infections during home care.”

St Luke’s spokesman, Ken Szydlow conveyed sympathy for the woman but stated that the jury award was, “excessive” and that the nurse “provided appropriate care and practiced within applicable standards of care.”
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Tennessee residents and people all across the United States want to make sure their friends and loved ones are going to be well cared for when they have to go into a nursing home. Family members usually want to check out the nursing home facility and check up on their loved one to make sure they are receiving the proper standard of care. Unfortunately, too many nursing homes are understaffed, improperly trained, and overworked and these conditions often lead to a lack of good medical care for the patients. If you feel that your loved one has received improper care or has been subject to nursing home abuse, then you should speak to a Tennessee nursing home abuse lawyer right away. They will work with you and make sure you receive the compensation you deserve.

In this case, a Tennessee nursing home’s funding is in trouble due to the Center for Medicare and Medicaid Services giving the facility a notice of termination for the programs after an inspection in April found that the nursing home staff was failing to perform tests ordered by a doctor for a patient that had to be prescribed a blood thinner. Also, the inspection revealed that the facility failed to inform the doctor of the patient’s blood clotting times. The spokeswoman for the Health Department is currently working with the nursing home to correct these problems. If another inspection finds that the nursing home is following the plan then the funding will not be cut.

The reports filed by the health inspectors that found that staff had failed to report test findings to a patient’s doctor left the patient at risk for uncontrolled bleeding during high blood clotting times. The Tennessee nursing home had also received citations for failing to properly report another patient’s bruised arm and another patient’s skin tear was not properly investigated.
The Tennessee nursing home received a termination notice for an April 24th cutoff for federal funding for new patients and a May 24th deadline for a full cutoff. In the nursing home’s new plan, there will be training and monitoring programs put in place to make sure these violations do not happen again.
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Tennessee residents and people all across the United States want to make sure that their elderly loved ones are well taken care of when they have to be placed in a nursing home facility. Unfortunately, many nursing homes across the country suffered from being understaffed, improperly trained and overworked. These conditions can lead to nursing home abuse and elder abuse of many people’s family members and loved ones. If you suspect that your loved one may be suffering from nursing home or elder abuse, then you should talk to a Tennessee nursing home abuse lawyer right away. They will hear your case and make sure that you and your loved ones get the compensation they deserve.

In this case, Gloria Diaz had repeatedly discovered bruises on her eighty-seven year old mother, Modesta Alvarado, and had questioned the nursing home officials several times but nothing was done. Diaz then contacted the Department of Health and Senior Services who came to investigate in her mother’s room followed by the nursing home officials. When the official did not see any injuries that was the end of the investigation, according to Diaz. This led Diaz and her son to buy a hidden camera which could be hidden in clock radio and hide it in her mother’s room. On March 21, 2011, Diaz was shocked to see her mother being slapped and beaten by an aide at the nursing home, an aide who, according to Diaz said was “like a co-worker and friendly.”

The police reported that the video revealed Julia Galvan, a 59-year-old a resident of the nursing home, slapping Alvarado in the head then giving her two more severe blows on January 15th. Galvan is also seen taking off Alvarado’s oxygen mask. Alvarado had suffered from a stroke in the last year and could not defend herself. Alvarado was found dead by the nursing home staff less than twenty-four after the attack claims were made.
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People in Tennessee as well as people all across the country want the very best for their elderly loved ones. We want to know they are going to be well taken care of and kept safe even though we can no longer care for them by ourselves. This is why many Tennessee residents visit many nursing homes trying to decide on the best one for their loved ones and friends. Unfortunately, sometimes even the nursing homes we think are the good ones face problems, accidents, and malpractice with their patients. If you feel that your loved one has been the victim of abuse or malpractice, then you should talk to a Tennessee nursing home abuse lawyer right away. They will hear your case and make sure you get the compensation you and your loved ones deserve.

In this case, Cynthia King is filing a lawsuit against the Park Manor Humble nursing home claiming negligence and wrongful death. According to the lawsuit, King claims that in November 2008, her mother needed to be hospitalized after her leg was fractured and her shoulder dislocated due to falling out of her wheelchair while under the care of the nursing home. In February 2009, King’s mother had to have surgery because she developed a stage IV pressure sore on her back due to the nursing home failing to turn her in bed regularly. Also, according to the lawsuit, King’s mother died as a result of multiple surgeries and wounds she had to endure because of the nursing home failure to provide her with proper care. Cynthia is seeking damages under the wrongful death statue and court costs.
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Many of us in Tennessee and around the country that cannot afford nursing home care for our loved ones turn to agencies that provide care for people at their home. This seems like a good option for many people because it allows their loved one to stay in their environment and to be comfortable and feel secure. However, unfortunately many home care provider agencies face the same kinds of problems that nursing homes do. If you feel like you or someone you care about has been the victim of elder abuse in a nursing home or in your own home, then it is important that you speak with a Tennessee nursing home abuse lawyer right away. They will work with you and make sure you get the care and compensation you deserve.

After a case was settled over elderly abuse of a woman, it was found that a shocking number of home care providers for seniors, have felony convictions on their records. It was also found that a simple way to guard against this that was approved by legislature is being ignored by the state.

Two years ago, Rose Michael, 92, and her family lost $30,000 from a home provider hired by an agency. The care provider Wessa Tanubo pled guilty in 2009 to felony financial abuse after it was found out that she had been signing checks to herself and making fraudulent purchases on Rose’s credit cards. After this, the family learned the care provider had previous felony convictions due to drug charges in 1994. After that, she was in and out of prison from 2000 to 2004 for parole violations. In 2008, she was also had a restraining order put against her so that she would stay away from her own child. Then the Home Care Assistance Company put Tanubo into her home to be her home care provider.

The family trusted that the Home Care Assistance agency had performed national and criminal background checks as well as local criminal background checks on their care providers like they were told. However, the agency’s background check failed to bring up Tanubo’s criminal record and history. The family then sued Home Care Assistance for elder abuse, based on false advertisements about proper background checks. The agency after reaching a settlement with the family now does criminal background checks through the Department of Justice on all their care providers.
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Tennessee residents and people all across the United States hear about reports of nursing home abuse constantly and many people wonder why it is not be taken care of. One of the reasons is often because professionals have not been properly trained and do not know how to properly care for the elderly in order to prevent the abuse from occurring in the first place. Here are some nursing home abuse prevention tips to know about to help make sure your loved ones are getting the best care possible. If you still have concerns or would like to report a claim of nursing home abuse, it is important to speak with a Tennessee nursing home abuse lawyer right away. They will work with you and your loved one to make sure you get the compensation and care you and your loved one need.

When we are decide to place our loved one in a nursing home we are placing their care in someone else’s hands but that does not mean there is nothing we can do to help prevent problems or abuse. If you are concerned family member or friend you can do the following to help prevent abuse of your loved ones and others’ loved ones as well:

• Look for possible signs or symptoms of abuse when you visit (i.e. bruises, sores, restraint marks, soiled clothes or bedding)
• If you suspect abuse report it immediately to a local agency or to the police and also alert the nursing home itself • Pay close attention to your loved one’s medications and make sure the amount matches or closely matches the prescription date • Ask your loved one if you may look over their financial records to make sure that everything is in order
• Call and visit often so your loved one knows you are there for them • Tell the caregiver you do not mind staying with them if the person needs a break whenever possible
If you are a caregiver and are concerned about being overworked or not receiving enough training and need tips to prevent nursing home abuse, you may find these tips helpful:

• Request help from family, friends, relatives or your place of employment about break times and training options • Look into adult day care and respite care programs a couple hours each day • Make sure to stay healthy and active and to see a doctor when you need to • Find support groups or counseling to help with stress or depression • Call a nursing home abuse hotline when and if needed If you are the loved one receiving the nursing home care or other health care and want to know if there is anything you can do to make sure you do not become a victim of nursing home abuse, these tips may help you:

• Make sure your financial and legal matters are taken care of properly or hire a professional to help if needed • Stay in touch with family and friends to avoid becoming isolated which may increase elderly abuse • Speak up about your care if you are unsatisfied or would like things handled differently (i.e. tell someone you trust, call a hotline, or contact a lawyer if needed)
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When we decide to put the ones we love in nursing homes, this is a really difficult and emotional decision and we all want to make sure we choose the best possible place for them. However, for many people, including Tennessee residents, the process can seem overwhelming and it is tough to know where to begin. Here are some tips for choosing the right nursing home to help make the difficult process a little easier for everyone. If you have any legal concerns or questions, it is a good idea to speak with a Tennessee nursing home lawyer right away. They will hear your concerns, answer your questions and work with you to make sure your loved one receives the best care possible.

• First it is a good idea to check things out Look at the atmosphere, and make sure it’s warm, inviting, and the kind of place your loved one would feel comfortable in. Look at how the staff treats their patients. Are they compassionate, kind, and considerate as well as respectful? Do the residents seem happy? Check out the living conditions. Are the rooms spacious? Does the dining area provide healthy food items and special diet program? Are there activities for the residents? What kind of training does each staff member receive? Who handles problems or concerns? Do not be afraid to ask these questions and more and also be aware of your surroundings, making notes when needed.

• Look for cleanliness
A good nursing home facility should be clean and also keep their patients and their rooms clean as well. Ask how often the residents receive a bath or shower and if special care is taken for their medical needs. Ask how often bed linens are changed and how often bed ridden patients are bathed, changed and their medical needs tended to. If you have any concerns about the cleanliness speak up.

• Consider the population of the nursing home
Does the facility have adequate space to meet the needs and wants of all of its residents? What kind of therapy, social and emotional activities or guidance is available to the residents? Is there space for them to sit outside and be safe? What kind of medical units does the facility have for specific medical needs? What is the facility’s visiting policy?

• Find out about Safety and Emergency Plans and Polices
What is the facility policy concerning safety? What kind of emergency and medical plans are available? How many doctors, nurses and specialists are available? Is there a pharmacy? How is the giving out of medication handled? Are there hospitals or medical clinics nearby?
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Trusting other people to care for our loved ones when we can no longer do so ourselves can be very tough and emotional as many residents in Tennessee and across the country already know. However, trusting those people to care for our loved ones can be even more difficult if we fear they may be suffering from nursing home abuse and neglect. Sometimes recognizing the signs of abuse can be difficult, especially since it is not always physical. However, if you feel that your loved one may be suffering from nursing home abuse, it is important to speak with a Tennessee nursing home abuse lawyer right away. They will work with you and make sure your loved ones get the care they deserve.

Although physical abuse may be the most easily recognized form of nursing home abuse, there are several other types of abuse that can and unfortunately do occur. These include emotional abuse, sexual abuse, neglect, financial abuse and fraud. It is important to know how to recognize each type of abuse so that you can report it immediately and get things taken care of for not only your loved ones but others family members as well.

Common signs of physical abuse might include:
• Bruises, scars, sores, and bumps that do not have a reasonable explanation • Broken or dislocated bones • Drug overdoses from taking medicine improperly • Care provider not permitting you to see your loved one
Common signs of emotional abuse might include:
• Seeing a care provider threaten or talk down to a loved one or another patient • Nervous behavior from a loved one (i.e. rocking, sucking ones’ hands or fingers, and mumbling)

Common signs of sexual abuse might include:
• Bruises near the breasts or genital area • Vaginal bleeding or scarring that has no reasonable explanation • Unexplained infections • Torn clothes
Common signs of neglect from a care provider or of oneself might include:
• Rapid weight loss • Improperly treated medical conditions and sores • Dirty room, bed, clothes, or body • Leaving a loved one unsupervised in public • Hazardous living conditions (i.e. improperly heated, no water, fire hazards)

Common signs of financial abuse might include:
• Large withdrawals from a loved one’s’ account • Rapid changes in a loved one’s financial standing • Items or money missing from room or house • Services or items being given to a loved one that they do not need
Common signs of nursing home fraud might include:

• More than one bill for the same item or service • Inadequate care even though bills are being paid • Signs of being improperly medicated
• Few or no responses to questions concerning a loved one’s care Continue Reading

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