Articles Posted in Nursing Home Fall Cases

by

In a measure passed by the Florida State Senate, lawsuits that allege nursing home abuse could be subject to smaller awards.  The bill would shield many private equity firms that own nursing homes around the state of Florida.  The bill is directed to shield from financial exposure in lawsuits for those in ownership positions and take no active role in the management of the facilities.  It would limit actions against any ownership party who had no impact on the day-to-day activities in the nursing home facility. 

The proponents of the bills say its purpose is to allow for private equity firms and other private investors to take a more active role in investing in nursing home facilities in the state.

According to the report, this bill was targeted at Tampa attorney James Wilkes, who has a reputation for successfully representing plaintiffs in nursing home abuse cases. The bill has the support of the Florida Healthcare Association, AARP, the Florida Justice Association, which represents a host of Florida trial lawyers. 

Continue reading

by

The state of California recently reported that long-term facilities across that state were the subject of elder abuse, but the resolutions of those cases were incomplete. These nursing home facilities have been the site of resident injuries and deaths. A state investigation found that the Department of Public Health chose not to investigate accusations of abuse of nursing assistants in many of those facilities across the state or there were open and unresolved cases.

In one instance, a resident at an assisted living facility in southern California believed that she would be safe there. Instead, the 95-year-old died from injuries she sustained while at the assisted living facility. Seven years after her untimely death, the family is still waiting for answers from investigators at the California Department of Public Health. This apparently is not an uncommon occurrence.

The nursing home facility claimed that the resident, Elsie, had died from injuries that she sustained when she fell. However, it was stated by a former nursing director at the same facility that Elsie’s injuries came as a result of being punched by a nursing home assistant.

Continue reading

by

Two former employees of Momence Meadow Nursing Center, Vanessa Absher and Lynda Mitchell, asserted that Momence Meadows and its owner, Jacob Graff, consistently chose not to provide nursing home residents with the adequate care. It was alleged that the nursing home staff allowed patients to suffer neglect, lack of medical care and food, lying in urine- and feces- soaked beds, not receiving required prescribed medications and suffering ongoing outbreaks of skin disorders and infections, including bed sores and at least 6 deaths attributable to defendants’ failure of care.

The plaintiffs, the individual whistleblowers and the United States contended that the defendants chose not to meet the Illinois Department of Public Health’s minimum staffing requirements. It was claimed that the defendants were guilty of grossly inadequate staffing levels and knowingly submitted thousands of false claims for payment to Medicare and Medicaid, forged and destroyed medical documents and staffing logs to conceal the inadequate care, instructed the nursing staff not to log negative information related to patient care such as falls and missed meals and medication, and routinely ripped out pages from medical records that would have shown lapses in care. The defendants were alleged to have then replaced medical records with more favorable entries and even forged nurses’ signatures. 

During the employment of Absher and Mitchell, they  repeatedly complained to the nursing homes’ management and reported several incidents to the Illinois Department of Public Health nursing home hotline. 

Continue reading

by

An 86-year-old nursing home resident fell as many as 12 times during her stay. This led to the need for a wheelchair. The resident, Ms. Doe, required pain management because of her injuries. A staff member at the nursing home was alleged to have stolen the pain medicine from Ms. Doe.

After Ms. Doe’s death, her family brought a lawsuit against the nursing home claiming that it chose not to implement fall-prevention procedures. In addition, it was claimed in the lawsuit that the nursing home chose not to properly care for Ms. Doe’s needs or perform timely reviews to ensure that she was receiving the care that she required. It was also maintained in the lawsuit that Ms. Doe did not receive the necessary medication because staff members of the nursing home were stealing her pain medicine.

The defendant denied these allegations, but settled the case with a confidentiality condition before trial for $1,750,000.

Continue reading

by

A former nursing home employee reported to state health officials that he witnessed severe neglect at the nursing home in which he worked, including a resident’s severe bed sores, an elderly resident lying in a pool of urine and another resident who had fallen and was calling for help, yet remained unattended. These reports of abuse were photographed by the former nursing home employee and reported to the state health officials. The nursing home employee was then fired after being temporarily suspended. 

The trial court has allowed a proceeding to take place with the former employee’s whistle-blowing lawsuit as well as his wrongful termination case. The nursing home had moved to dismiss the lawsuit, which resulted in a temporary shutdown of the rehabilitation center located in Tennessee. 

According to the attorney for the nursing home employee, the man was fired in retaliation for “doing the right thing.” The nursing home claims that the employee violated work rules and patient privacy laws by using his cell phone to take photographs of the conditions at the nursing facility.

Continue reading