Bentonville Personal Injury Lawyer - Nursing Home & Elder Abuse

Bush Directive Impedes Justice for Nursing Home Residents

Ryan Scott — Thu, 16 Apr 2009 18:40:53 GMT

A rule enacted by the exiting Bush Administration shut off a source of information for victims of nursing home abuse and neglect, according to the Washington Post. Cindy Skrzycki of the Washington Post brought this change in policy to the forefront in her article in the February 24, 2009 edition.

According to Skrzycki, the George Bush Administration enacted rule in the fall of 2008 that designates state inspectors and Medicare and Medicaid contractors as federal employees, which, generally speaking, shields them from providing evidence of the information they obtain to either side in private litigation. The effect of this designation is that both plaintiffs and defendants have to seek court orders to obtain inspection reports and to order depositions.

The new rule, according to Skrzycki, generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program without approval by the head of the Department of Health and Human Services.

The Bush Administration said that participation in private cases "diverts employees from their federal survey, certification and enforcement responsibilities," the document went on to say, "the cumulative effect of these requests can impede these activities."

What these changes impede are the efforts of those who seek justice on behalf of the most vulnerable. It is interesting to see the hypocrisy of those who championed tort reform because... wait for it... our courthouses were backlogged, only to enact this rule (without public notice).

A rule that requires both plaintiffs and defendants to "clog the court's docket" with motions and hearings to discover information that was once taken for granted by both sides as necessary and proper for a fair trial.

As to diverting employees from their duties. Isn't their ultimate duty to protect those who cannot protect themselves? If so, history has shown the best way to ensure compliance is to make known there are serious legal (and monetary) repercussions. Blocking access to the information combats this goal and diverts the department from its greatest objective.

And, by the way, it clogs the court's docket, delaying more "serious" matters.

Originally posted at InjuryBoard by Ryan Scott

FEDERAL GOVERNMENT RATES NURSING HOMES

Sach Oliver — Tue, 20 Jan 2009 09:51:13 GMT

According to the associated press December 28, 2008, around 22 percent of the nation’s nearly 16,000 nursing homes received the federal government’s lowest rating, while 12 percent received the highest ranking possible. This information is a compilation of data that the Centers for Medicare and Medicaid Service’s Agency obtained from three years of inspections of nursing homes. The reason for the new rating system is to make the data easier for patients and families to be able to evaluate a nursing home.

Under the new system, five stars means a nursing home ranks “much above average,” four star indicates “above average,” three means “about average,” two is “below average” with a one indicating “much below average.” The rankings are updated quarterly and of course the industry is already questioning their validity. This is also a way to get those nursing homes that have the lowest rating to improve the care they provide.

Our firm wants to assist our clients and the public with as much information as possible in order to make an informed decision regarding the care of loved ones. If you are researching nursing home facilities you may obtain additional information at Medicare’s Nursing Home Compare Web site: http://Medicare.gov/NHcompare.

Originally posted at InjuryBoard by Sach Oliver

What to look for when choosing a nursing home for your loved one

Sach Oliver — Fri, 12 Dec 2008 17:37:54 GMT

There comes a time in life when you have to make a decision regarding the long term care of loved ones. There is important information to ask for and consider before deciding on a nursing home. We have a few suggestions:

(1) Preparing for the Search:

All family members should be involved in the research and decision making when it comes to moving your family member to a nursing home. First, you should talk with your family doctor to find out what services, particularly health care and medication scheduling, are needed from any facility.

Also have a detailed list of the services your loved one needs when you start researching facilities. Work with your doctor to make sure you have covered every daily need. Also, if you have a specific health condition, keep in mind “extra care” may apply.

Always ask for recommendations on nursing homes from your doctor, attorney, clergyman, or maybe even your next door neighbor. They all could have prior experience in choosing a nursing home for their loved ones. Also, you can get a list from your local state health department and check the local area agency on aging. You may also want to check the Eldercare Locator at www.eldercare.gov.

(2) Costs and Fees:

Nursing homes can be expensive; AARP estimates the cost to be about $50,000 a year per resident. The costs include a Daily Rate (which includes services such as food, laundry, rent, housekeeping, and basic nursing services. Amenities such as a phone or TV cost extra); basic nursing services, and extra fees for medication management, costs of medication, hand-feeding, glucose monitoring, and services such as physical therapy are considered extra. Be sure to get a breakdown before you sign up.

All nursing homes are required to provide a written resident assessment that lists all the services the resident requires along with its fee. This is a care-management tool but you can also use it to estimate the total costs of care.

Finally, choosing to move your loved one into a nursing home may be difficult for both of you. Prepare to involve your loved one if possible by discussing what long term plans they already have made. It will make the transition easier if they understand that you want to make sure their wishes and care come first. Also, be sure and spend the first day with your loved one and continue to visit often.

I would like to thank Leona Crowe, our legal assistant, for helping me research this important topic.

Originally posted at InjuryBoard by Sach Oliver

Trials, Trials, and more Trials

Sach Oliver — Tue, 25 Nov 2008 18:14:44 GMT

Wow! In the last month, our firm has tried two four day jury trials and been blessed with wonderful verdicts for our clients. One of the trials was in Melbourne, Arkansas and the other was in Little Rock, Arkansas. We appreciate the time the jurors took out of their lives to serve as jurors. We appreciate the Judge's time and all of those people who help to run the court system. We also appreciate our clients having the faith and trust in us to take their cases before 12 honest jurors, present the case, and allow jury system to work to decide fair and just results. Also, it is a pleasure to try cases against respected and trustworthy defense attorneys as we experienced in both cases.

I have blogged on this topic before, but it is worthy of mentioning again. One of my favorite things about a mult-day trial is the deep relationship we develop with our clients. There is nothing that brings you together more than working in the trenches together all day long. During a trial, we experience positive and negative times, emotional feelings whether sad or happy, a tremendous amount of talking on serious matters and for laughter, and developing trust for each other.

The only way to maximize the value of our clients cases is to be 100% prepared to go to trial. I know it is likely that a case will settle as most do and it is easier on both parties to settle the case. We do all that we can prompt good faith settlements. However, I look forward to our next trial. I look forward to working with our client/s during our next trial. I look forward to the opportunity to watch and particiate in our jury system as a group of people make the final decision and not an insurance company or corporation or politician.

Originally posted at InjuryBoard by Sach Oliver

Nursing Home Litigation

Frank Bailey — Tue, 25 Nov 2008 16:39:33 GMT

Nursing home cases in Arkansas present unique problems. Many nursing homes no longer carry liability insurance and have mortgages and liens against their assets, making collection of any judgment next to impossible. After a series of large verdicts here in Arkansas the homes could no longer afford to carry liability insurance.

Unless the offending nursing home is part of a national chain or has liability insurance, collection of a judgment is a challenge for the resident’s attorney. We have been successful in the past in settling lawsuits against homes with no insurance, but often these cases settle for less than the full value of the case.

My advice in selecting a nursing home for your loved one is to inquire about their history of lawsuits in the past. One good source is the Medicare website, Nursing Homes Compare. This site allows you to look at the quality of care the particular home has provided in the past, together with any complaints against the home.

The bottom line is to thoroughly check out a home before placing a loved one there. Often families discover poor care only after it is too late.

Originally posted at InjuryBoard by Frank Bailey

Warning Signs of Nursing Home Neglect

Ryan Scott — Thu, 16 Oct 2008 10:51:00 GMT

Nursing home abuse and neglect is something that families never expect will happen to their loved one. It is important to know the warning signs that your loved one may exhibit if he or she is the victim of neglect.

Warning Signs of Possible Nursing Home Abuse and Neglect include the following:

1. Sudden Weight Loss

2. Bedsores

3. Bruises

4. Falls

5. Staff Inattention

6. Restraints

7. Malnutrition

8. Dehydration

9. Infections

If you discover that your family member or loved one is not being treated properly in a nursing home, it is so important to contact a law firm that can put a stop to the abuse and neglect.

Originally posted at InjuryBoard by Ryan Scott

Arkansas Nursing Homes Participate in National Campaign

Drew Dixon — Mon, 21 Apr 2008 17:15:00 GMT

Recently all 239 nursing homes in Arkansas participated in a national campaign intended to make life better for residents of their facilities. Arkansas appears to be the only state to achieve total participation in the campaign called "Advancing Excellence in America's Nursing Homes."

Those homes involved in the campaign set goals such as minimizing painful pressure sores, reducing chronic pain and cutting back on the use of restraints on frail or disorderly residents. The homes participation could not have come at a better time because the state Office of Long Term Care cited more than 3,500 deficiencies at Arkansas nursing homes last year in such areas as medication errors, poor nutrition, dehydration and pressure sores.

The national campaign's goals are to get physical restraint use to 5 percent or less, high-risk pressure sores such as bed sores below 10 percent and chronic pain at 4 percent or less before September.

Originally posted at InjuryBoard by Drew Dixon

Abuse Ignores Age

Drew Dixon — Thu, 21 Feb 2008 16:30:55 GMT

The National Center on Elder Abuse (NCEA) routinely collects data and information regarding nursing home residents and instances of nursing home abuse. Once the information is collected the NCEA compiles the information and releases statistics regarding abuse in nursing homes and other care giving facilities in the United States. However, the NCEA cannot determine just how many older Americans are being abused. It is estimated that for every 1 case of elder abuse, neglect, exploitation, or self-neglect reported, approximately five more cases go unreported.

According to statistics recently released by the NCEA, more than 30 percent of all nursing homes in the United States have been involved in some form of resident abuse. Furthermore, more than 50 percent of the nursing homes in the United States are understaffed.

With the age of the population ever increasing, more people find themselves requiring the assistance of these facilities. In fact, it is estimated that the demand for beds will far exceed the supply by the year 2010.

Most people believe that nursing home abuse comes at the hands of staff members. However, many instances of abuse come from other residents or occupants. It is hard to make an exact definition of nursing home abuse because no two cases are the same. Nursing home abuse may be in the form of physical abuse, sexual abuse, financial exploitation, malnutrition, and neglect.

For more information on nursing home abuse and ways that you can help, please check out the NCEA website at: www.ncea.aoa.gov.

Originally posted at InjuryBoard by Drew Dixon

Bentonville Nursing Home Lawyer

Sach Oliver — Thu, 18 Oct 2007 13:35:40 GMT

Nursing homes have several liability issues. Medical Directors of a nursing homes prove to be great experts in Nursing home cases. Our firm has handled many nursing home cases and helped many families deal with the sad aftermath of nursing home negligence.

Injuries adn death in nursing homes is very preventable and more and more experts are agreeing on this issue. Usually, you can find numerous medical directors to be expert witnesses in such cases. Medical directors bring knowledge based on the interpretation of the Health Codes, State Legislation, and Federal Regulations. Most importantly, medical directors bring their own clinical experiences to the table and can determine the appropriate standard of care based on experience.

Examples of Nursing home liability and negligence are: falls, fractures, negligence, decubiti (bed sores), injuries or death due to smoking, dehydration, fleeing from the nursing home, and others.

Please visit your loved ones regularly who are in the nursing home and closely examine their care. If you have questions or concerns, please do not hesitate to call upon our firm.

For more information on this subject, please refer to our section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Sach Oliver

Nursing Home Aide Arrested for Sexual Abuse of Resident

Chrissie Cole — Thu, 02 Aug 2007 00:31:57 GMT

Many more victims of nursing home abuse are coming forward after the arrest of a nursing home worker who has been brought up on sexual abuse charges, according to Salt Lake Police.

In just one day, over a dozen phone calls have been received by people who may not have been taken seriously in their original complaint against the male nursing home worker.

Some of the calls involved people with elderly parents that for one reason or another didn't take the complaints seriously, most likely due to the mental status of the individual.

The worker is being charged with sexually abusing an 85-year-old woman who resides at the home.

These types of cases can be especially difficult due to some of the patients having altered mental status, while some patients may have passed away since the original incidents occurred.

For more information on this subject, please visit our section on Nursing Home Abuse & Neglect.

Originally posted at InjuryBoard by Chrissie Cole