New York Nursing Home Abuse Lawyer Blog

A study recently released by the Department of Health and Human Services reports that as few as one out of seven Medicare patients harmed by medical errors and accidents during hospitalizations are reported. The study, performed by HHS inspector general Daniel R. Levinson, claims that the primary cause of the under-reporting is that many hospital employees do not understand what would be defined as "patient harm", or these employees do not appreciate that a patient has been harmed. In an effort to correct this, Medicare has stated that it will devise a list of "reportable events," which will be available to hospitals and their employees.

In order to receive payment from Medicare, hospitals are required to report incidents of harm to patients, and make efforts to improve care and eliminate similar events in the future. Even with this stipulation, failure to report errors has been rampant, according to the study's findings. Additionally, Levinson found that even when incidents of harm are reported, such as bedsores, infections or medication errors, hospitals rarely make changes to policies or practices.

The Obama Administration, although it has strongly advocated the reduction of medical errors, has left the power to change this with the states. Additional federal reporting requirements are not being planned at this time.

Website Resource: Report Finds Most Errors at Hospitals Go Unreported, New York TImes, Robert Pear, January 6, 2012

A recent study by the Mayo Clinic in Rochester, MN suggests that increased aerobic activity may be a deterrent to dementia later in life. Additionally, such exercise may serve to impede the development of dementia once it starts. The researchers who conducted the study define exercise as "enough aerobic physical activity to raise the heart rate and increase the body's need for oxygen."

Although the researchers concede that there is not a conclusive inverse correlation between increased exercise and decreased dementia, they feel that a strong case can be made. Past studies have also shown that aerobic activities reflect a positive increase in mental integrity. At the very least, aerobic activities increase physical well-being. Potentially adding increased mental health makes an active lifestyle even more valuable.

Website Resource: Aerobic Exercise May Reduce the Risk of Dementia, Mayo Clinic Researchers Say Mayo Clinic, September 7, 2011

A recent study published in The Archives of Internal Medicine, and conducted by the federal Agency for Healthcare Quality and Research, suggests that narcotic-based painkillers taken for arthritis may pose significant bone and cardiovascular risks to the elderly. While it had been a widespread belief that narcotic painkillers, such as OxyContin, were safer for the elderly than their non-narcotic counterparts, this new study suggests otherwise.

Compared with two other control groups, patients taking narcotic-based painkillers were four times more likely to experience bone fractures resulting from falls, and also twice as likely to suffer heart attacks. The researchers did qualify the results, stating that results may have been affected by continued use of over-the-counter medicines. Additionally, as in any study, researchers noted that outside factors could have played a role in the results. The overall results are somewhat disturbing, however, particularly for patients and doctors who had been under the impression that narcotic-based pain medication was a safer alternative to non-narcotics.

Ultimately, medication and treatment decisions rest with the doctor, patient, and his or her family. This new study, however, does provide additional information to consider when making such decisions.

Website Resource: Narcotic Painkillers May Pose Danger to Elderly Patients, Study Says

New York Times, Barry Meier, December 13, 2010

The revised Medicare regulation to be released by the Obama administration will no longer include end-of-life planning with annual physical examinations. Although no longer covered, a White House official made sure to say that the amended regulation "should not affect beneficiaries' ability to have these voluntary conversations with their doctors." Thus, while many will still see these discussions as a necessity when determining a personal course for end-of-life, such conversations will no longer be covered under Medicare.

With all of the attention that health care reform has garnered from both the public and private sector, this issue will certainly spark debate, both pro and con. Ultimately, end-of-life care is a very personal discussion between doctor and patient. Regardless of Medicare funding, it will certainly remain an integral part of medical planning for many Americans.

Website Resource: U.S. Alters Rule on Paying for End-of-Life Planning New York Times, Robert Pear, January 4, 2011

In a recent nursing home abuse lawsuit, a California jury awarded a dementia resident $12.5 million after being attacked by a cook who worked at the facility. In 2007, Sophie Schwartz, a 92 year-old dementia patient, was asleep in her bed at Oakdale Heights of Santa Clarita when she was awakened by a man on top of her.

The man, Jose Eduard Vazquez, attempted to rape her until he was thwarted by another employee. Schwartz, through a guardian ad litem, sued Vazquez and the facility's owner, operator and administrator. Schwartz's attorneys claimed that Vazquez attacked Schwartz after consuming liquor on the job. He reportedly gained entry to Schwartz's room with a master key provided to all employees. The defense argued that the incident was not related to hiring practices or lack of supervision at the facility.

Reference:

VerdictSearch; Schwartz v. Oakdale Heights Management Corp.; September 9, 2010.

A Sacramento Superior Court jury recently awarded $28 million in punitive damages to the family of an elder abuse victim. Earlier this week, the jury returned a $1.1 million dollar verdict for the decedent's conscious pain and suffering and found the facility, Colonial Healthcare of Auburn, to have acted with "malice" as defined under the CA Elder Abuse statute. Frances Tanner was 79 when she died. Plaintiffs claim that the cause of her death was an infected bedsore.

The jury on Wednesday found Colonial Healthcare of Auburn and its parent company, Horizon West of Rocklin, guilty of elder abuse in the death of Frances Tanner, 79, a Stockton native and lifelong civil servant. They heard testimony about the corporation's finances today before deciding punitive damages.

Sacramento lawyer Ed Dudensing, who represented Tanner's daughter Elizabeth Pao in the case, urged jurors to make sure that Horizon paid dearly for the lapses that he argued led to Tanner's death. Plaintiffs contended that the nursing home corporation made profits their priority as opposed to quality patient care. The nursing home claimed that appropriate care was provided to Ms. Tanner. Representatives of Colonial Healthcare have vowed to appeal the verdicts.

Website Resources:

Jury hits Auburn nursing home with $28 million in punitive damages, Modesto Bee, Cynthia Hubert, May 13, 2010.

A lawsuit has been filed against a nursing home in Aurora, Ill., and one of its residents, Sylvester Graves, after he allegedly sexually assaulted a female resident. According to the lawsuit, Graves beat the woman severely and sexually assaulted her in his room at Fox River Pavilion nursing home.

The plaintiffs claim that Graves has been arrested multiple times and suffers from bipolar disorder and other mental issues. They further assert that the nursing home should have monitored him more closely or restricted his access to other residents. Finally, they contend that the home failed to provide additional security or failed to provide therapies that may have treated his anti-social behavior.

The injury resident, a dementia sufferer, appeared at the nurse's station after she was assaulted "in a bruised, battered and bloodied condition," according to the suit.

Graves is being held in Kane County Jail awaiting trial on eight counts of aggravated criminal sexual assault, criminal sexual assault and battery. He has served prison stints for burglary and retail theft convictions in Cook County, according to state records.

Website Resource:

Lawsuit over alleged nursing home sex assault, Chicago Tribune, Clifford Ward, March 30, 2010.

A Philadelphia jury awarded $5 million in punitive damages to the widow of a man who died of bedsores (pressure sores, decubitis ulcers) in 2008. The damages are divided between Jeanes Hospital and a Wyncote nursing home. The lawsuit had accused both the hospital and the nursing home of failing to provide adequate care for Joe N. Blango, resulting in his bedsores and eventual death.

The jury also awarded $1 million in compensatory damages. Lawyers familiar with the case say they believe it may be the first time in Philadelphia that a nursing home case resulted in punitive damages.

Website Resource:

Unusual Damages Set In Phila. Bedsores Case, Philadelphia Enquirer, Christopher K. Hepp, March 18, 2010.

In an effort to improve response time in investigating nursing home complaints, the Texas Department of Aging and Disability Services has created teams tasked only with looking into those claims. Based on Texas statistics, only about 35 percent of complaints categorized as having a "high potential of harm" were investigated within the required 14-day window over the past few years.

Chris Traylor, the department's new commissioner, has made to improved response times a priority. Traylor explains, "While we're doing a good job responding to the most serious complaints and incidents, I'm concerned about our ability to respond quickly to every complaint and incident. We need to do all we can to ensure the safety of Texans in nursing homes."

In February, the department says they plan on investigating more that 1,500 complaints at 330 facilities.

Website Resource:

State creating teams to investigate complaints about nursing homes, Ft. Worth Star Telegram, Darren BarbeeFebruary 15, 2010.

The family of a resident at a California nursing home, Fillmore Convalescent Center, was recently awarded $7.75 million in a case involving nursing home abuse. The resident was a 71-year-old stroke victim.

The attorneys for the resident and her family showed the jury a secret videotape of the woman being abused. Members of the residents family became suspicious after they noticed that their mother was bruised. They complained to management at the facility, but apparently the facility failed to investigate. As a result, the family took it upon themselves to set-up the hidden camera.

She videotape reportedly showed a member of the nursing staff slapping the resident, pulling her around by the hair, bending her neck, fingers and wrists, and treating her violently in a shower chair. The jury deliberated for two days before announcing the verdict: $2.75 million in actual damages and $5 million in punitive damages.

Website Resources:

$7.75 million awarded in abuse case - Elderly victim a patient at Fillmore facility, Ventura County Star, Stephanie Hoops, December 11, 2009.

A nursing home neglect and wrongful death case involving the development of a Stage IV bedsore (pressure sore, decubitis ulcer) has been postponed by an Oregon court until 2010. The plaintiffs in the lawsuit claim that during a 49 day admission to Evergreen Milton Freewater Health & Rehabilitation Center, Alice Train, a 90 year-old diabetic, lost the ability to walk, suffered significant weight loss, developed a severe pressure ulcer and contracted pneumonia.

Barbara Dickinson, Ms. Train's daughter, reportedly "found her mother sitting in a wheelchair soaked in her own urine." On a later date, while changing her mother's diaper, she found a wound under a dressing on her tailbone. When she removed the dressing she "discovered a wound that contained necrotic (dead) tissue and exuded a putrid odor."

Defense attorneys for Milton-Freewater requested additional time to prepare their defense.

Website Resources:
Family seeks $7.5 million in wrongful death lawsuit, East Oregonian, Phil Wright, November 17, 2009.

Continue reading "Bedsore (Pressure Sore, Decubitis Ulcer) Trial Postponed" »

93 year-old nursing home resident, Charles Bradley, was allegedly the victim of neglect at Everett Care & Rehabilitation in the winter of 2004. A lawsuit initiated by Bradley's family claims that staff at the nursing home failed to refer the resident to a physician when an open wound was found on his penis. According to the family, the wound was then allowed to fester for months without treatment. That wound had apparently developed as a result of an undiagnosed penile cancer. The cancer reportedly contributed to Mr. Bradley's death.

The nursing home has been cited by the Seattle Department of Health and Social Services as a result of the incident.

As always, the attorneys at Gallivan & Gallivan are available for a free consultation if you have any questions or concerns regarding the abuse or neglect of a nursing home resident.

Website Resources: Nursing home cited, sued after elderly man's genitals disintegrate, Seattle PI, LEVI PULKKINEN, October 16, 2009.

A nursing home administrator at Kern Valley Hospital, Pamela Ott, has been charged with eight felony counts of elder abuse for allegedly authorizing the administration of high doses of psychotropic medications to residents in inappropriate circumstances. The court documents indicate that the medications were administered in order to keep the dementia and Alzheimer's patients sedated for the convenience of the nursing home staff.

Attorney General, Edmond G. Brown, Jr. explained, "As hospital administrator, Pamela Ott, was ultimately responsible for safeguarding the welfare of her patients. Instead, Ott abdicated her responsibility and allowed the staff of the Kern Valley Hospital to forcibly sedate patients who questioned their care."

These allegations follow charges previously filed by the California Attorney General against the former director of nursing, former pharmacist and former medical director at the same facility. The pharmacist allegedly filled the prescriptions for the psychotropic medications without orders from physicians. The administration of these medications reportedly resulted in the deaths of three residents, as well as other medical problems for additional residents.

Website Resources:

Criminal Charges Filed Against Former Nursing Home Admin., Bakersfield News, September 8, 2009.

An Arizona jury awarded $11,000,000 in damages ($2,000,000 for the decedent, $5,000,000 for his widow, and $4,000,000 in punitive damages) in a case involving outrageous incidents of abuse perpetrated by employees at Liberty Manor Residence, an assisted living facility. The verdict is the highest reported amount awarded to a plaintiff in a case against an assisted living facility.

The plaintiff-decedent, a 36 year-old male, was in a coma after suffering a brain injury in a car accident. As a result, his wife placed him in an assisted living facility while she continued to work as a teacher. One evening, Mrs. Scherer received a call from Liberty Manor indicating that her husband was vomiting. She quickly drove to the facility and took him home. Upon arrival at their home, he began vomiting black material and passed away with his wife at his side.

An autopsy found paper towels, candy wrappers, and ketchup packaets in the plaintiff's stomach. The cause of death was mechanical obstruction of the gastrintestinal tract. In addition, the jury was shown evidence of the facility's false charting (the staff had documented that care was provided when Mr. Scherer was not present in the facility).

Gallivan & Gallivan, Attorneys at Law, represents individuals who have been injured as a result of abuse and/or neglect in assisted living and nursing home facilities. Please contact us if you or a loved one has suffered such an injury.

Jurors awarded plaintiff Elaine Stinson $1.34 million in a California nursing home abuse and neglect case. The jury found that Leisure Palms nursing facility had recklessly neglected the plaintiff in failing to implement proper fall precautions. The plaintiff suffered three falls over a two month period, the last of which resulted in a punctured lung and three broken ribs.

In addition, after the fall, staff members placed the plaintiff back in her bed instead of sending the resident to the hospital and reporting the incident. In fact, Emergency Medical Services were not called at all by the Leisure Palms staff. Upon arrival the next morning, the plaintiff's husband called EMS once he saw his wife's condition. Surgery was performed that day at the hospital.

The breakdown of the verdict is below:
1) $88,000 for past medical bills,
2) $500,000 for pain and suffering, and
3) $750,000 in punitive damages.

Attorneys for the plaintiff have also filed a motion demanding attorney's fees, court costs and expert fees. Prior to trial, the Department of Social Services had investigated the family's complaints and cited Leisure Palms for its unsafe practices. Despite these findings, the nursing facility maintained that its staff members had acted appropriately. For more information regarding this important California verdict, please click here.