|
If your loved one lives in a nursing home the facility must periodically assess their physical and mental condition and then actively plan to maintain and improve their medical and psycho-social wellbeing. A nursing home should be a place of healing and helping not just a way station on the road to decline and death. Although many conditions faced by elders cannot be prevented, halted or cured, neglect or abuse is always preventable and should never be tolerated. There are legal remedies which we can and will continue to pursue on behalf of our elder clients and their families. If you believe your loved one is or has been a victim of substandard care in a nursing home or assisted living facility, feel free to call upon us to analyze and evaluate the situation to determine if there is a claim to be made against those persons who are responsible for the harm.
If you are interested in finding out the track record for a particular nursing home we suggest you visit the federal government's web site (www.medicare.gov/nhcompare) which will provide you information about specific nursing homes and the problems that they may be experiencing. This will help you choose the right home for your loved ones.
The following is a representative sample of the cases we have handled on behalf of residents and their families in long-term care facilities.
Bedsore causes amputation of leg. Intentional misconduct discovered, resulting in $2.4 million settlement.
When our 83-year-old client was admitted to a nursing home for short-term rehabilitation, his skin was intact and he could walk and eat with minimal assistance. The nursing home, part of a national chain, failed to give him the care promised. As a result, he was unable to go home, and, by the third month, he had multiple decubitus ulcers (bedsores), which caused an infection of the bone. He was hospitalized and had to have one of his legs amputated. Afterward, he was unable to return home to live with his wife and remained institutionalized for his remaining two years. Defendants were discovered to have entered false information and forged signatures into his medical record. One former employee, a nurse, testified that she was fired because she had refused to cooperate in altering patient records. The case was settled on the brink of trial after hard-fought and lengthy litigation.
The following cases were settled on a confidential basis and therefore the names of the parties and the settlement amounts cannot be revealed.
Unsupervised nursing home resident dies from fire caused by cigarettes
A decorated Korean War veteran was hospitalized for long-term care in the Philadelphia Veteran's Hospital due to combat-related mental illness. Although cigarettes were permitted in the facility, the staff was instructed to supervise his smoking after he began to burn his hands when attempting to light matches. One day, he was permitted to use the smoking lounge unsupervised and his clothing caught fire. He suffered second and third degree burns over 80% of his body. He lingered for two weeks before dying at the St. Agnes Burn Center. The case was settled shortly after suit was filed against the United States Government. The government also waived all medical expenses.
Resident Falls
Sadly, falls are a recurring problem in long- term care. Cases involving falls, fractured hips, disability, and eventual death include:
A 75-year-old man suffering from early Alzheimer's dementia was admitted to a chain owned nursing home in suburban Philadelphia. Despite the fact that he was a known fall risk, the defendant failed to implement any fall prevention plans which resulted in numerous falls. Shortly after his last fall, he was discharged to his home, unable to walk. When the family took him to the hospital an unhealed hip fracture of several weeks was identified, which, at that point, could not be repaired. He lived another year, but never left his bed again. The case settled shortly before trial..
A mobile, alert 89-year-old woman living at a Philadelphia nursing home was knocked over by a nursing assistant who was not watching where she was walking. In the fall, our client fractured her hip and, as a result, and never walked again. Despite her advanced age prior to the fall, she was not on any medications. After the fall she was on painkillers, and her heart and lungs deteriorated as well. After two years, she died from unrelated causes. The case settled one week before trial.
Our 79-year-old visually impaired client was admitted to a short-term rehabilitation hospital in central Pennsylvania. After a brief stay, the family planned for him to return home to resume living with his wife of 52 years. While still in the hospital, he developed a fever and became disoriented. The doctors, therefore, determined that he needed to be restrained in a wheelchair for his own safety. Unfortunately, the nurses left him alone in a hallway in an unlocked wheelchair. He unwittingly maneuvered the wheelchair into a stairwell and rolled down the stairs. He died several days later from head injuries related to the fall. The case settled following mediation.
Our 73-year-old client fell at an assisted living facility when she was left alone in the shower room, despite orders to continually supervise her when showering. She lived for three more months in continuous pain. The case settled before suit.
An 80-year-old man fractured his hip after falling in a chain-owned nursing home. National policies of the parent corporation were not followed and, after five pain- filled weeks in the hospital, he died. The case settled immediately prior to jury selection.
Nursing home feeds disoriented resident solid food despite restrictions due to her inability to swallow.
Due to a history of hospitalizations from pneumonia caused by inhaling food, our 83- year-old client was determined at risk for anything but a softened diet. These orders were ignored and she was allowed access to regular food. Several hours after her last meal she began to show signs of breathing problems. When taken to the hospital she was found to have choked on French- fried potatoes. She developed aspiration pneumonia and died ten days later. The case settled through Court mediation in south-eastern Pennsylvania.
Pending Cases Currently in Litigation:
There are other types of claims against nursing homes and assisted living facilities that we are currently handling. These include:
Medication errors
Nursing homes and assisted living facilities have given our clients incorrect or excessive amounts of medications with devastating effects. Elderly persons are frequently fragile and dependent upon complicated medication regimens. The wrong medicine or the doses can easily cause permanent harm or death.
Physical or sexual abuse
Overworked and stressed employees or unsupervised dementia patients can physically harm or sexually exploit vulnerable elders. The results may not become immediately apparent and, in the past, these events have been concealed from families. Even for a person suffering from advanced stages of dementia, these abuses can have both physical and mental long-lasting and substantial effects.
Malnutrition, dehydration or infections
Weight loss, unexplained changes in mental status, or loss of functional abilities (walking, dressing, or eating) are not necessarily the inevitable results of aging or illness. Neglect, inadequate staff levels, or poor training can start a chain of events that, without diagnosis and intervention, can lead to serious complications or death. Pressure ulcers, pneumonia, urinary tract infections, and sepsis, while not always preventable, can be caused by poor care.
If you believe your loved one has been harmed, neglected or abused, you are entitled to an explanation from the nursing home. If warranted, the Court system can provide you or the estate reparations for the unnecessary suffering caused.
|
