Articles Posted in Nursing Home Abuse and Negligence

This week, patient advocates went to the State House to press lawmakers into backing a proposed law that mandate that the Massachusetts Department of Public Health set up minimum standards for assisted living facilities with dementia care units. This would include requiring all nursing homes that care for patients with dementia and Alzheimer’s provide dementia-specific training for supervisors, direct-care workers, and activities directors. Activities designed specifically for dementia patients would also be required.

Considering that over half or Massachusetts nursing home patients have dementia, it is important that the workers and staff that provide them with care understand their special needs. However, although similar legislation has been proposed over the last several years, no law has been put in place. In 2005, 44 other states already had specific requirements about staff training and security at facilities that provide specialized dementia care.

Not only do dementia patients have specific symptoms and needs for care, but as their condition progresses they continue to become easy targets for Boston nursing home abuse and neglect. Many dementia patients are suffering from severe and permanent memory loss. They may have trouble remembering people, places, and events, find it difficult to perform routine tasks without help, experience problems communicating, and suffer from other challenges.

With so many Massachusetts nursing homes to choose from, selecting the one that is the right fit for your loved one can be a daunting task. Our Boston injury lawyers want to remind you that this is a very important decision. Unfortunately, because Massachusetts nursing home neglect and abuse continue to be issues of concern at certain facilities throughout the state, your best bet is to visit a facility and inspect it for yourself. While this is no guarantee that your loved one won’t become the victim of Boston nursing home negligence, it can help you weed out places where the chances of neglect are more likely.

When selecting a nursing home, make sure to:

• Visit more than one facility and inspect the premises and living conditions.
• Talk to medical and nursing staff to get a sense of them, their training, and their credentials.
• Ask lots of questions about the type of care they plan on giving your loved one.
• Find out what services and amenities are included in the price of admission.
• Make sure the facility is one that can take care of your loved one’s specific medical and care needs.
• Observe the day-to-day activities that go on there. Do residents appear happy? Are there ongoing activities that patients can take part in?
• Is there a feeling of community between staff and residents?
• Check out the kitchen to see if it is clean.
• Can the nursing home accommodate your loved one’s dietary needs?
• Do overall conditions at the assisted living facility appear sanitary?
• Are there standard safety measures in place? (Smoke alarms, emergency exits, locks on doors and windows, surveillance cameras, adequate security)

Once you and your loved one have selected a nursing home, you will want to make sure that you stay in regular communication with him/her after admission. When you do visit, look out for signs of possible Boston nursing home abuse or neglect, including:

• Unexplained bruises and injuries
• Bedsores • Malnutrition • Poor hygiene
• Your loved one is upset, withdrawn, depressed, fearful or agitated for no apparent reason
Law Prohibiting Dangerous Sex Offenders From Living in Massachusetts Nursing Homes is Unconstitutional, Rules Supreme Judicial Court, Boston Injury Lawyer Blog, August 29, 2011
Boston Nursing Home Negligence Can Lead to Wandering and Elopement, Boston Injury Lawyer Blog, August 26, 2011
Does Taking Diuretics Increase the Risk of Massachusetts Fall Accidents at Boston Nursing Homes?, Boston Injury Lawyer Blog, May 19, 2011 Continue reading

Earlier this month, the Massachusetts Supreme Judicial Court unanimously decided that a state law banning Level 3 sex offenders from living in nursing homes is unconstitutional. The state’s highest court said that the rights of “John Doe,” an offender, were violated with Boston police invoked the law last year and ordered him to leave the assisted living facility where he resided. John Doe, who was convicted of assaulting two kids nearly two decades ago, suffers from seizures and Aspberger’s syndrome. The justices say that to enforce the law would cause the plaintiff to become homeless.

While technically the court’s ruling is only applicable to the John Doe in this case, advocates for elderly sex offenders that need nursing care are hoping that administrators might be persuaded to admit Level 3 offenders into their assisted living facilities. Attorney General Martha Coakley, however, doesn’t think the ruling will have a wide impact. She noted that the current law is important for protecting other nursing home residents and their visitors.

Massachusetts Nursing Home Sexual Abuse
Unfortunately, sexual assault and abuse are dangers that have been known to occur to assisted living facility patients. In some incidents, the assailant is an assisted living facility worker committing Boston nursing home abuse or someone visiting the nursing home. Patients have also been known to sexually assault, rape, molest, or sexually harass other residents-especially ones who may be too weak, sick, frail, scared and/or mentally ill to fight back or report what happened.

It is the responsibility of Massachusetts assisted living facilities to protect patients from becoming the victim of Boston nursing home neglect, abuse, or other crimes. This may mean keeping anyone with a history of physical or sexual violence away from the rest of the nursing population and closely supervising him/her. This may even mean keeping a registered sexual offender out of the facility.

Mass. high court says ban on sex offenders living in nursing homes is unconstitutional, Boston.com, August 5, 2011
High Court Overturns Ban On Sex Offenders In Care Facilities, WBUR, August 5,2 011
Elder Abuse in Nursing Homes, Nolo
Elder Affairs, Mass.gov
Nursing Homes, Mass.gov

More Blog Posts:
Boston Nursing Home Negligence Can Lead to Wandering and Elopement, Boston Injury Lawyer Blog, August 26, 2011
Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer Blog, April 28, 2011
Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home, Boston Injury Lawyer Blog, April 21, 2011 Continue reading

Assisted living facilities in Massachusetts are supposed to make sure that their residents that need supervision are not allowed to wander off unattended. Failure to do so can be grounds for a Boston nursing home neglect lawsuit because, unfortunately, wandering, also known as elopement, can cause serious injuries and even deaths.

Many nursing home residents suffer from dementia, Alzheimer’s or some other type of illness that can make them a danger to themselves should they wander on or off the nursing home grounds on their own. A patient who wanders may not know how to get back and he/she may become disoriented or confused. If the assisted living facility resident elopes at night, it could be hours before anyone even knows that he/she is gone. By then, the patient may have been involved in a Massachusetts fall accident and suffered serious head, back, or hip injuries, developed hypothermia, gotten hurt in a pedestrian accident, drowned in someone’s pool or another body of water, or become the victim of a violent crime, such as murder or rape.

There is no reason why a patient should be able to wander out of a nursing home without workers’ noticing. Wandering/elopement is preventable. Steps that assisted living facilities can take to prevent patient wandering:

• Hire enough staff members • Closely monitoring of patients who are known risks for wandering because of their health issues • Install and activate bells and alarms on doors • Lock doors or windows that patients can exit through • Install working surveillance cameras on the property • Hire security guards • Properly train staff on wandering prevention
Contact our Boston nursing home abuse and neglect law firm to request your free case evaluation.

Boston nursing home rankings

Nursing home compare, Medicare.gov
Dangerous wandering: elopements of older adults with dementia from long-term care facilities, PubMed.gov

More Blog Posts:

Winter Weather Combined with Boston Nursing Home Neglect Can Cause Some Patients to Get Very Sick, Boston Injury Lawyer Blog, January 22, 2011
Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer Blog, April 28, 2011
Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, March 31, 2011 Continue reading

According to Bloomberg.com, Robert Rogers is suing his mother’s hospice provider for wrongful death and elder abuse. His 91-year-old mom Thelma Covington died of sepsis infection triggered by poor circulation and gangrene in September 2008. Just 5 days before her death, 11 maggots had to be removed from an open wound in her toe. When Rogers asked the hospice provider to move his mom to a hospital, he was told that it wasn’t their job to “prepare them to live.”

Vitas Healthcare, which is a unit of Chemed Corp. (CHE), is the largest hospice care company in a now $14 billion industry that has come under fire following a number of civil complaints and whistleblower lawsuits alleging fraud, including Medicare fraud and placing profit before patient care. In one whistleblower complaint, a former social worker for Gentiva Health Services Inc. (GTIV) hospices said that it was her job to make patients think that they were dying even though they weren’t. (The accusations are related to alleged incidents that took place before Gentiva took over the chain.) Thinking they no longer had use for medical care and rehabilitative care, these patients would likely have surrendered their right to receive “curative” measures.

Another whistleblower lawsuit that accused another hospice of fraudulently enrolling patients that didn’t need to be there was settled with SouthernCare for $24.7 million. Meantime, the federal government is currently investigating Vitas because of accusations that it has been involved in an “extensive scheme” to defraud Medicaid and Medicare of hundreds of millions of dollars through the doctoring of hospice certifications, falsifying of records, and billing for services that were never rendered.

If you are a hospice worker who would like to report fraud in the industry contact our Massachusetts whistleblower law firm today. Should you choose to turn whistleblower and file a complaint on the government’s behalf, you could end up receiving part of whatever amount is recovered.

Preparing Americans for Death Lets Hospices Neglect End of Life, Bloomberg, July 21, 2011
Concerns About Costs Rise With Hospices’ Use, NY Times, June 27, 2011

Related Web Resources:

Hospice Association of America

Hospice Medicare Fraud, Fraud Guide

Related Web Resources:
Whistleblowers Expose Medicare Fraud in the Hospice Industry, Boston Injury Lawyer, June 28, 2011
Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit, Boston Injury Lawyer, July 23, 2011
LabCorp Settles for $49.5M Medicaid Fraud Lawsuit Filed by Whistleblower Hunter Laboratories, Boston Injury Lawyer, July 23, 2011 Continue reading

According to data released at the American Geriatrics Society (AGS) 2011 Annual Scientific Meeting, nursing home patients who start taking a diuretic or that up their dose of this drug are at greater risk of becoming involved in a fall accident. Per the study, the chance of falling was upped by over 2-fold within a day of the new prescription or dosage change.

Dr. Sarah D. Berry, who teaches at Harvard Medical School and the Institute for Aging Research, Hebrew SeniorLife, and her colleagues conducted a study involving 1,181 long-term care residents at the Hebrew Rehabilitation Center. The patients had fallen for the first time at least 15 days that after they were admitted to the Boston nursing home. Patients under 60 were not part of the study.

Diuretics help remove fluids from the body through urination. Some side effects from taking diuretics include dehydration, potassium deficiencies, frequent urination, muscle cramps, severe weakness or tiredness, blurred vision, dizziness, increased perspiration, headaches, severe, ringing in the ears, skin rash, vomiting, electrolyte abnormalities, and unusual bleeding or bruising.

Unfortunately, many sick people and elderly seniors are already at risk of falling. If, in fact, this drug is increasing the chances of a Boston fall accident, then assisted living facilities and physicians must exercise caution as to who to administer the medication to while providing adequate supervision so that residents taking diuretics don’t fall. Failure to provide this type of care or supervision can be grounds for a Boston nursing home neglect case.

Diuretics May Boost Fall Risk in Nursing Home Residents, Medscape, May 17, 2011

Related Web Resources:

Institute for Aging Research, Hebrew Senior Life

Diuretics, Mayo Clinic

More Blog Posts:
Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer, April 28, 2011
Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home, Boston Injury Lawyer Blog, April 21, 2011
Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, March 31, 2011 Continue reading

According to The Berkshire Eagle, over the last 2 ½ years, three workers at two Pittsfield nursing homes have been convicted of crimes involving Massachusetts nursing home abuse. One worker was convicted of rape and two others for assault. Two of the people who were convicted already had prior criminal records when they were hired at the Massachusetts assisted living facilities.

Considering that, per a recent report by the U.S. Department of Health and Human Services’ Office of the Inspector General, over 90% of nursing homes in the US employ at least one worker with a criminal history, the two workers’ past records aren’t surprising. It doesn’t help that in Massachusetts, assisted living facilities are only required to check for criminal records within the commonwealth. This means that a person convicted of a crime in another jurisdiction could still get hired in the state.

Apparently, in the Pittsfield cases, the nursing homes’ administrators did background checks but the workers’ criminal histories were not discovered. For example, Jerald H. Sullivan, a former employee at Hillcrest Commons Nursing & Rehabilitation Center, had a criminal record in Vermont when the Pittsfield assisted living facility hired him as a certified nursing assistant in 2009. The 54-year-old CNA is accused of raping an elderly female patient in her room. Sandra A. Yankley, a former Springside of Pittsfield nursing home worker, was convicted last year of assaulting an elderly nursing home patient. Yankley too already had a criminal record when she was arrested.

It is important that assisted living facilities and the companies that own them make sure that they don’t hire anyone who is at risk of committing Boston nursing home abuse or neglect. Elderly and sick patients are easy targets for abusers, violent persons, and sexual predators. Massachusetts nursing homes must do everything they can to protect their residents.

Our Boston injury lawyers are here to make sure that negligent assisted living facilities are held liable when their negligence allows/causes a resident to get hurt, neglected, sick, or die.

Assaults cast pall on nursing homes, The Berkshire Eagle, April 24, 2011
Study Finds Criminal Pasts of Nursing Home Workers, The New York Times, March 2, 2011

Related Web Resources:
Read the Report by the Office of Inspector General

Massachusetts Department of Public Health


More Blog Posts:

Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, May 31, 2011
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011
Victim of Alleged Sudbury Nursing Home Abuse Sexual Assault Crime Can’t Testify, Says Judge, Boston Injury Lawyer Blog, November 10, 2011 Continue reading

The parents of the mental health counselor who was allegedly murdered by a patient at the North Suffolk Mental Health Center is suing the clinic and others for her Revere wrongful death. Stephanie Moulton, a 24-year-old Peabody woman, died on January 20. Now, Robert Moulton and Kimberly Flynn are seeking punitive damages from the group home.

According to authorities, Flynn was allegedly killed by Deshawn Chappell, who was her patient, during a counseling session in her office at the Revere facility. He is accused of then dumping her body behind a Lynn church before stealing her car and driving off. Last month, a Suffolk County Superior Court found that the 27-year-old Chelsea resident was not competent to stand trial. He was, however, arraigned for first-degree murder.

In their Revere, Massachusetts wrongful death complaint, Flynn’s parents are claiming that the staff neglected to check Chappell’s history for violence and criminal record. They also contend that the facility did not train staff on how to deal with violent situations and does not let workers conduct criminal background checks to determine whether a patient should be allowed to live in the group home. They also allege that even when staff workers were aware that Chappell was off his meds they were not allowed to take action to fix the problem. Moulton’s parents are also suing Chappell, Dr. Nancy McDonnell, Dr. Donald Goff, the group home ‘s board of directors, and others for her Massachusetts wrongful death.

Group homes, nursing homes, and other long-term care facilities can be held liable for violent crimes that occur on their premise that result in serious personal injuries or deaths. It is their responsibility to make sure residents aren’t too dangerous to house in a group setting and that employees don’t have a history of criminal or sexual violence.

Family of Slain Peabody Social Worker Files Wrongful Death Suit, Peabody Patch, April 21, 2011
Parents of slain Revere counselor file lawsuit, MyFoxBoston, April 21, 2011

Related Web Resource:
North Suffolk Mental Health Center

More Blog Posts:
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer, February 4, 2011
Family of 100-Year-Old Woman Files Massachusetts Wrongful Death Lawsuit Against Dartmouth Nursing Home and Roommate Charged with Her Murder, Boston Injury Lawyer, May 31, 2010
Massachusetts Nursing Home Negligence?: Level 3 Sex Offenders are Working and Living in Assisted Living Facility, Boston Injury Lawyer, February 25, 2010 Continue reading

Our Boston injury lawyers are familiar with the toll that Massachusetts nursing home negligence can have on a patient, and we want to remind you that if you suspect abuse or neglect, you should remove your loved one from the assisted living facility immediately. Unfortunately, are nursing homes that are not doing enough to provide patients with better nursing care.

According to a new study, not only are high-quality nursing homes named defendants of nursing home abuse and neglect lawsuits as often as their lower quality counterparts, but also, litigation-or even the possibility of a lawsuit-doesn’t seem to be enough of a consequence to compel assisted living facilities to provide better care. The study, led by Law Professor David Studdert, from the University of Melbourne in Australia, and David Stevenson, a Harvard Medical School associate professor of health policy, can be found in the latest issue of the New England Journal of Medicine.

For the study, five nursing home chains in the US provided information about nursing home neglect and abuse lawsuits that were filed against them between 1998 and 2006. The data included 4,716 complaints against 1,465 assisted living facilities. On average, each nursing home was, on average, sued once ever two years.

The most common harms alleged in the nursing home abuse and neglect complaints were:
• Bedsores
• Dehydration • Malnutrition • Too much weight loss • Physical abuse • Verbal abuse • Medication mistakes • Injuries from fall accidents
Claimants received nursing home negligence compensation in 61% of the cases. Average compensation was nearly $200,000.

The researchers said that based on 10 measures of quality analyzed, the nursing homes that did the best on these measures were only a little less likely than the facilities that didn’t fare as well to become a defendant in a nursing home neglect or abuse lawsuit. The same goes for assisted living facilities that provided the most nurse’s aide hours per resident a day.

Victims of Boston nursing home neglect or abuse may be hold the assisted living facility liable for personal injury.

Lawsuits Aren’t Improving Nursing Home Care: Study, BusinessWeek, March 30, 2011
The New England Journal of Medicine

Related Web Resources:
Nursing Homes, Massachusetts.gov
Nursing Home Checklist, Medicare.gov

More Blog Posts:
Boston Nursing Home Negligence Can Lead to Food Choking Accidents, Boston Injury Lawyer Blog, February 22, 2011
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011
One More Reason Why Massachusetts Assisted Living Facilities Should Prevent Boston Nursing Home Neglect: Elderly Who Have Had Sepsis at Higher Risk of Physical and Cognitive Impairments, Boston Injury Lawyer Blog, October 28, 2011 Continue reading

According to information on nearly 11,000 elderly patients, those who are treated with antidepressants, conventional antipsychotic drugs, and benzodiazepines are at greater risk of adverse outcomes and death than if they were treated with atypical antipsychotic drugs. This is disturbing news, considering that nearly two thirds of dementia patients in assisted living facilities are given psychotropic drugs. The Boston Globe reports that in Massachusetts alone, almost 2,500 nursing home patients were given strong antipsychotic drugs that were not recommended or meant for their health issues. If you think that loved one may have gotten sick from taking a medication, you should speak with a Boston injury lawyer right away.

The study, which can be found in CMAJ, notes that this ‘exploratory” examination shows growing evidence that conventional antipsychotics aren’t any safer than atypical antipsychotics when it comes to treating older adults. Dr. Krista F. Huybrechts, PhD of Harvard Medical school and Brigham and Women’s Hospital and her colleagues said they found that:

• Treatment with conventional antipsychotics appears to up the risk of an elderly patient developing a femur fracture by 61%.

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