Pennsylvania Nursing Home Abuse Lawyer Blog

It gives a whole new meaning to musical chairs: Researchers are conducting a study to see if playing music over a loudspeaker can help make sure nursing home residents are repositioned to prevent bedsores.

Medical guidelines require that hospital and nursing home patients be moved at least every 2 hours to help relieve the pressure that often causes skin lesions or bed sores. But it’s easy for a busy caregiver staff member to forget to reposition a patient a regular intervals.

But researchers from the University of Cincinnati College of Nursing are hoping to find an unusual and entertaining solution at 10 nursing homes in Kentucky that are taking part in their study. By playing music over the loudspeaker system at the nursing homes, researchers will determine if an audio cue can be used to help remind caregivers and staff to move or reposition patients. Employees at the nursing homes that are part of the study have already seen progress and say they may continue the musical cues even after the study ends this April.

As we enter the coldest months of the year here in the northeast, Pennsylvania hospitals and nursing homes are gearing up for the peak season for virus outbreaks.

Noroviruses, more commonly referred to as the stomach flu, are infections that cause vomiting and diarrhea. Most people can recover without any long-term problems. However, it can be a serious illness for those who are unable to care for themselves, such as infants, young children, the disabled, and the elderly. Hospitals and nursing homes consider stomach bugs dangerous germs that can sicken and even kill patients and residents.

The Morning Call (mcall.com) of Allentown recently reported that in the first 3 months of 2009, nursing homes in Pennsylvania reported 4,040 cases of the stomach flu – nearly twice as many as those reported in all the prior nine months combined. This data was reported by the Pennsylvania Patient Safety Authority, who also found that hospital infections peaked in the first quarter of the year, although not as dramatically as in nursing homes.

A Texas woman is suing a Humble, Texas nursing home, claiming their lack of care resulted in the death of her mother.

This week, the lawsuit alleging negligence and wrongful death was filed in Harris County District Court against Park Manor Nursing Home located in Humble, Texas.

According to a story on UltimateLakeHouston.com, the woman’s mother fell out of a wheelchair while being cared for at Park Manor. As a result of the fall, the woman’s mother sustained a fractured leg and dislocated shoulder. Because the woman’s mother was not turned regularly by the nursing home staff, she developed a stage IV pressure sore on her lower back. The woman alleges that her mother died as a result of repeated surgeries and wounds she received as a result of the nursing home’s negligence.

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You may have heard the term “bed sores,” but you may not know exactly what they are. Bed sores are skin lesions which can be caused by humidity, temperature, friction or shearing forces, age, and unrelieved or constant pressure. In clinical terms, bed sores are referred to as pressure ulcers, pressure sores, or decubitus ulcers. Any part of the body may be affected by bed sores, but they are often found on elbows, knees, ankles, and the base of the spine or sacrum.

Bed sores are treatable if found early. If not treated properly, bed sores can be deadly. They are the second cause of unexpected death in skilled nursing facilities. Although bed sores can be prevented, they are often overlooked or ignored by hospitals, caregivers, and nursing homes.

Certain people are at higher risk for developing bed sores. These include:

• The Elderly – Because older adults have thinner skin, it makes them more vulnerable to damage occurring from pressure on the skin. Some elderly people also have poor nutrition which can effect circulation through blood vessels.
• Nursing Home Patients – The majority of bed sore cases occur in nursing homes rather than at home; these cases are often due to neglect or improper care by nursing home staff.
• Patients Who Are In A Coma – Hospitalized patients who are in a profound state of unconsciousness, such as a coma, are more vulnerable to bed sores because they are unable to move.
• Patients Who Are Not Perceiving Pain – Some diseases as well as certain injuries may allow the patient to not feel as much pain. This lack of pain perception causes them to be unaware of bed sores that may be developing on their body.
• People Who Have Lost Weight – People who are hospitalized or bedridden tend to lose weight. This loss of weight can also include loss of muscle and fat, which can make them more susceptible to bed sores.
• Those Who Are Not Eating Properly – Patients who have poor diets may not take in the recommended amount of protein, vitamin C, and zinc. A lack of these nutrients can put them at a higher risk for bed sores.
• Those With A Low Mental Awareness – People with low mental awareness may be unable to inform family or loved ones of the pain they are feeling due to bed sores.

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A new report recently released shows that the Center for Medicare and Medicaid Services could save billions of dollars by making substantive changes to the way care is managed, delivered and paid for at skilled nursing and other long-term-care facilities. The report showed that the program could save roughly $2.1 billion if hospitalization rates among long-term-care residents were reduced by 25%.

Donald Berwick, the CMS Administrator, offered opening remarks at the briefing and outlined what he called the CMS’ “triple aim”. Under his guidance, the “triple aim” mentioned includes: better care, reducing the need for care through prevention and lower costs, which all relate to the problems and potential solutions in long-term care. Berwick also said that 9.2 million people are covered by both Medicare and Medicaid, two programs that pour money into long-term care. “We’re going to get this answer right,” he said.

Berwick stated to do so the agency will have to address a host of issues that both the reports and experts have said are driving Medicare expenditures for post-acute care, such as inadequate staffing, which includes the level of skill and training among skilled-nurses and caregivers.

Tony Edelman a senior policy attorney with the Center for Medicare Advocacy in Washington stated “We spend a lot of money trying to fix things that went wrong. With proper care, probably would not have gone wrong.” Elderman went on to state “A lack of adequate staffing, there is a great need for clinical providers in this segment, including registered nurses, licensed practical nurses, licensed vocational nurses and certified nursing aides.

But citing a lack of staff might be oversimplifying the problem, said Cheryl Phillips, a physician who is chief medical officer of On Lock, which serves nursing home-eligible seniors. “The challenge is not the right amount of staff, but my issue is the training and skill set of staff,” she added. “Part of the reason facilities send them out of the nursing homes and to hospitals are staffing.”

The Kaiser Family Foundation after conducting 43 interviews with family members and clinical providers at facilities in St. Louis, Miami, Philadelphia and Phoenix, found 10 factors that contribute to hospitalizations. Topping the list was limited on-site capacity at the facility to deal with medical issues.

“Physicians and nurses say that long-term care facility staff often lack the skills and training needed to deal with medical issues, particularly those that are unanticipated and more acute in nature,” the report said, adding that this results from a host of factors, including inexperienced and unseasoned staff – partly as a result of high staff turnover rates – a lack of training and no clear policy on how to deal with certain medical situation, including when to hospitalize a resident; insufficient nurse-to-resident ratios that resulted in over-extended nurses and licensing limitations that do not allow certain medical procedures and tests to be done on-site.

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A report recently released by the American Association for Justice (AAJ) shows how the civil justice system is the most effective force in uncovering abuses by corporate nursing homes and insurance companies when they take advantage of elderly Americans.

There are 1.5 million elderly Americans who currently reside in nursing homes. Most of these nursing homes have been bought out by large corporate chains, who are looking to bank on the aging population of baby boomers. The majority of insurance companies and corporations see baby boomers aging as a way to gain significant profit through unnecessary contacts.

Sadly many residents have suffered abuse by a staff member and even died from dehydration or infections caused by inadequate care. It is the job of loved ones to hold these corporations accountable for their actions. Many corporations tend to intimidate clients and pressure them due to their large size and power. It is time to stand up for your rights and the rights of our loved ones.

AAJ president Gibson Vance stated that; “Corporate nursing homes and insurance companies have continually chosen to put profits ahead of the well-being of our most vulnerable population”. It is very common that insurance companies take advantage of senior citizens, showing how vulnerable our loved ones are. Highlighting the story of a South Dakota man who was one of a flood of patients that companies signed up for long-term care insurance in the 1990s, his benefits had been cut after three years when the company declared his care was no longer “medically necessary”, despite faithfully paying his monthly premium.

Thousands of seniors met a similar fate with insurance companies miscalculating mortality rates and searching for ways to deny claims. If you or a loved one has suffered due to an insurance company, you must understand that you have rights. Litigation has revealed incidences of abuse and neglect. Many other offenses never see the light of day due to nursing homes inserting forced arbitration clauses and fine print. Remember do not sign anything without taking the proper measures to protect yourself and your loved ones.

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As our loved ones grow older we oftentimes take on greater tasks to ensure their health and well-being. This is a difficult undertaking and there are times when we must rely on a nursing home or assisted living facility to provide care. There are federal and state laws in place, which are intended to prevent nursing home neglect and abuse. Unfortunately nursing home abuse still occurs to this day, including physical, emotional and sexual abuse, broken bones, bed sores, malnutrition, dehydration and wrongful death.

Here is a brief look at each type of abuse:

Emotional Abuse – Humiliation or intimidation of another person by allowing another to feel worthless, e.g., kept in confined spaces. Berating another by telling them that they cannot perform simple tasks and or daily tasks. This type of abuse can diminish ones self-worth, allowing the elderly to feel depressed and non-existent.

Physical Abuse – Any intentional unwanted contact with the other person’s body. This could result in pain, injury, or impairment. Battery or assault also falls into this category, but is not limited to bodily harm. Another form of physical abuse is restraints which are used to keep elderly in one position and which can cause bed sores and broken bones.

Financial Abuse – The improper use of ones funds without their consent or knowledge. This may impede ones ability to receive sufficient care, due to financial restraints. You must remember that financial abuse can have a great impact, and you should be aware of the financial state of your loved one.

With many different types of abuse it is imperative that family members, friends, and loved ones stay involved by making frequent visits and asking questions of care providers. Despite these efforts, neglect or abuse continues to occur.

Our professional personal injury lawyers are ready to stand up for your rights and are experienced at representing people just like you. We at O’Connor Law will hold the owners and operators of nursing homes and assisted living facilities accountable when they neglect or abuse our loved ones. Call us today for a free consultation 1 (800) 518-4LAW (1 (800) 518-4529) or visit us online www.oconnorlaw.com. Offices located throughout the commonwealth: Allentown, Bala Cynwyd, Bloomsburg, Frackville, Hazleton, Lancaster, Pittsburgh, Reading, Stroudsburg, Sunbury, Wilkes-Barre, and Williamsport.

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In the recent three-judge panel decision in Scampone v. Grane Healthcare Co., the PA Superior Court held that nursing homes can be held corporately liable for their actions, similar to hospitals, HMOs and medical professional corporations, since they provide comprehensive and continual physical care for their patients. Prior to this decision, nursing homes could only be found vicariously liable for the negligence of their staff. But this decision strengthens the ability of nursing home residents to hold the corporations that own or manage the nursing homes directly responsible for the harms caused to them by substandard, or non-existent, care. In this particular case, the court determined that Grane Healthcare Co. controlled the budget and staffing levels at Highland Park Care Center to such an extent that they are directly liable to the family of the deceased resident, since the nursing home was chronically understaffed. The court also determined that the nursing consultants from Grane Healthcare Co. acted so recklessly that their actions, along with the nursing home and the management company itself, warranted punitive damages.

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To mark World Elder Abuse Awareness Day celebrated earlier this month, Pennsylvania’s Secretary of Aging, John Michael Hall, encouraged residents who suspect abuse of older adults to call the state’s elder abuse hotline at 1-800-490-8505.

In a press release issued on June 15, Secretary Hall said, “Our older residents deserve protection from abuse. Whether they are the target of financial exploitation by a stranger, physical abuse by a neighbor, neglect by a relative or the object of some other form of abuse, the commonwealth is prepared to intervene. But we need the help of responsible Pennsylvanians to let us know when they see abuse happening.”

World Elder Abuse Awareness Day was created to call attention to the problem of abuse, including abandonment, physical and emotional harm, and sexual and financial exploitation, as well as to promote prevention. According the press release, the number-one reported and substantiated type of elder abuse in Pennsylvania is self-neglect followed by caregiver neglect and financial exploitation. Approximately 14,000 reports of abuse of older residents are received each year in the commonwealth.

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It is with great pride that the attorneys at O’Connor Law, LLC announce that Attorney David A. Miller has been selected as a Pennsylvania Rising Star in the field of personal injury.

Pennsylvania Rising Stars, as published in the June 2010 edition of the Philadelphia and Pennsylvania Super Lawyers magazines, represent the top 2.5% of attorneys across the state. To be eligible for selection as a Rising Star, an attorney must be age 40 or younger, or in practice for 10 years or less.

Rising Stars recognize the top up-and-coming attorneys in the state. The Pennsylvania Rising Stars for 2010 were selected from the results of an extensive nomination and polling process conducted by Law & Politics and published in the June 2010 issue of Philadelphia magazine and in Pennsylvania Super Lawyers – Rising Stars Edition. This is Miller’s second year to make the Rising Stars list.

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