Nursing Home Abuse Lawyer Blog

When most people think of a nursing home, they envision a building full of elderly, bedridden people all of whom have multiple medical problems that need care around the clock. And, in a sense, they are right. Individuals that need 24/7 care would likely need the level of care that can be found in a skilled nursing facility which is what most people think of when they think of a nursing home. However, not everyone that needs help with their daily care requires the level of care provided at a skilled nursing facility. There are, in fact, different levels of long term care available to people who need some daily assistance but are not totally dependant upon others. For those who are looking for facilities to help their family members, this is welcome news.

Skilled Nursing Care v. Residential Care

Skilled Nursing Facility

Missouri has 1,146 long term care facilities. Of those, 495 are considered skilled nursing facilities while 471 are deemed residential care facilities. According to the Missouri Department of Health and Senior Services website, a skilled nursing facility is required to have a licensed nursing home administrator and is the kind of facility that provides 24 hour care for at least three severely compromised individuals. Of course, most nursing homes have far more than three patients, but the state of Missouri requires that the facility have at least three people for the facility to meet the definition of a skilled nursing facility. A skilled nursing facility may only provide skilled nursing care under the supervision of a registered professional nurse. Moreover, medication administration must be administered only after receiving a prescription by a licensed physician. Failure to comply with any of these requirements leaves the facility at risk for license revocation.

Residential Care Facility

Residential care facilities are divided into two categories; RCF 1 and RCF 2. An RCF 1 facility provides at least three individuals with room, board and care. These are individuals who do not need the skilled nursing care provided at nursing homes, but rather those who may need some additional supervision during a short term illness or for recuperation after an operation, a fall or similar event. Each resident must have the knowledge and physical ability to exit the building safely without the assistance of other individuals. No licensed nursing home administrator is required.

An RCF 2 facility provides additional assistance that is not provided by an RCF 1 facility, but still not to the level of a skilled nursing facility. To qualify as an RCF 2, the facility must provide 24-hour accommodation, board, and care to at least three individuals. Each individual will need or is provided with diet supervision, help with personal care as well as assistance with medication. Typically, this involves assistance with diets, personal care (i.e. getting dressed, grooming, bathing, etc...) and the use of medication. All assistance with health care must be done under the direction of a licensed physician. Like an RCF 1 facility, all residents must be able to make a path to safety without assistance. However, unlike an RCF 1 facility, a license nursing home administrator is required at an RCF 2 facility.

Continue reading "What Are The Different Kinds Of Nursing Homes In Missouri?" »

"I wish I had known what to do when I suspected abuse." As an Rockford nursing home negligence lawyer, this is just one of the many statements I hear when I meet with families members of a nursing home resident. Too often, those meetings take place after their loved one's funeral. There are way too many nursing home residents who are suffering from neglect and abuse at Illinois nursing homes. Many family members don't know how to look for abuse or neglect. Rarely, do family members know the signs and symptoms of malnutrition or dehydration. Sons don't feel comfortable checking their mothers for bedsores. And no one wants to believe that nursing home residents are commonly targes for sexual abuse by nursing home employees. Too often families are concerned about complaining too much for fear that their loved one will suffer retaliation by an overworked and underpaid staff.

After hearing so many of these concerns and answering many of the same questions, Rockford personal injury lawyer David Terry decided to write a book that is designed to help family members before and after their loved one becomes a nursing home resident. 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois is an easy to read book that will help family members as they face one of the most difficult decisions they will face. You will receive guidance on:

* What to look for when deciding the best nursing home for your loved one;

* What to do when you suspect abuse or neglect of your loved one;

* Key signs that abuse or neglect has occurred.

I also go into great detail about the business model many nursing home companies now use which is designed solely for the financial benefit of the owners. Nursing home owners will tell you that their number one priority is providing quality care for their residents. However, when you look at their corporate structure, you will see that they have created multiple corporate entities designed to take money from the nursing home (that could be used for patient care) and into the bank account of the owners. Many of these owners then claim that they do not have enough money to purchase liability insurance.

If you would like a FREE copy of 5 Things You Must Know About Nursing Home Abuse And Neglect In Illinois simply call the Terry Law Firm at 1-888-317-2525 or visit one of our websites: www.IllinoisNursingHomeAbuseBook.com.

My personal experience as a Missouri Nursing Home Lawyer is that far too many nursing home residents are overmedicated by those responsible for providing quality care. In my job I often meet with residents and their families in nursing homes. On some of those occasions, the residents simply could not wake up. Their eyes fluttered as though they were struggling to wake up and participate in the conversation happening around them. Sadly, the government has determined that my experience is not unique.

The U.S. Department of Health and Senior Services recently prepared a report entitled Medicare Atypical Antipsychotic Drug Claims For Elderly Nursing Home Residents that found that too many nursing home institutions failed to comply with regulations designed to prevent overmedication. It is well known that prescribing antipsychotic medication to elderly residents with dementia is potentially lethal, yet 88% of these individuals receive such prescriptions.

Family members must make certain that they know what medications their loved one is receiving. They must educate themselves on the medications and the proper dosages. They must regularly ask questions of the caregivers and insist upon answers. Family members must know what the possible side effects are and should closely monitor their loved one for any signs of side effects.

Why would a nursing home overmedicate a resident? First, to be fair to the nursing home industry, many times the overmedication is completely unintentional. Elderly residents are more much more susceptible to overmedication than are younger people. The second reason is an indictment of the nursing home industry. Overmedicated residents do complain and are, therefore, easier to care for with a reduced staff. Residents who ask to be taken to the restroom, or who need more water or need help walking down the hallway often require assistance from staff members. When a nursing home operates on reduced staff (as most nursing homes do) drugged residents are easier to manage than those who are alert and active.

If you are concerned about the care your loved one is receiving in a nursing home, call our St. Louis personal injury lawyer David Terry for a free consultation at 1-888-317-2525.

A June 16, 2011 survey of Golden Living Center - Branson in Branson, Missouri resulted in a citation by the state of Missouri. According to the survey facility employees failed one particular resident on multiple occasions and in several different areas:

Specifically, Golden Living Center - Branson employees:
1. FAILED to transcribe an order from the resident's physician about the treatment they were to provide for the resident's surgical wound;
2. FAILED to provide care and services that were ordered by a resident's physician;
3. FAILED to failed to provide any treatment for the resident's surgical wounds during this three day period;
4. FAILED to change the resident's bandages for three days;
5. FAILED to obtain any treatment orders for multiple other areas of skin impairment on this resident;
6. FAILED to perform and/or document daily observations of the resident's surgical wounds;
7. FAILED to perform and/or documents weekly assessments of the resident's surgical wound and other areas of skin impairment;
8. FAILED to update the resident's physician on the resident's skin impairment for the entirety of the resident's stay at the facility; and
9. FAILED to complete a skin assessment for the physician upon the resident's return visit.

As a Branson personal injury lawyer I have seen far too many cases of nursing home neglect that result in serious injury or death to elderly nursing home residents. Oftentimes, the nursing homes involved are facilities designated as one star facilities by Medicare. A one star facility is defined by Medicare as a "much below average" facility. As late as this writing, Golden Living Center - Branson has received the dubious distinction of beling labeled a "much below average" nursing home facility by Medicare.gov.

Sadly, Golden Living Center - Branson is also no stranger to receiving multiple citations during state investigations. In August of last year, this facility was hit with a 142 page survey that identified numerous violations.

Branson nursing home residents deserve to receive quality care. If you have a family member in a Branson area nursing home and are concerned about the care they are receiving, you should know your rights. Call an attorney experienced in nursing home negligence at 1-888-317-2525 or visit our website at www.NursingHomeJustice.com.

What does a stage collapse at an Indiana fair have to do with nursing home abuse in Missouri? Read on.....

When a stage collapsed at the Indiana State Fair last month, seven people lost their lives. The reason why the stage collapsed may still be a matter of speculation and will, no doubt, be discussed at length as this legal case proceeds. However, a recent article referenced that the legal case will challenge the $5 million damage cap currently in place in Indiana. Apparently the Indiana legislature passed a law that limits the state's liability to $5 million for injuries arising out of a single event. The State of Indiana will argue that it has no liability to those injured and killed beyond the statutory damages cap.

This article got me to thinking not only about how arbitrary and unfair that damages cap is, but also the damages caps that affect Missouri Nursing Home Abuse cases. If a Missouri nursing home neglects a resident to the point that the person dies, the family of that individual is faced with a $350,000 cap on non-economic damages, also known as pain and suffering. It doesn't matter how egregious the care (or lack of care) was, the cap provides an artificial limit on the damages available. Keep in mind that if the resident incurred substantial medical bills associated with the neglect he suffered, those bills may very well have to be paid back out of the amount awarded to the resident and/or his family.

Continue reading "A Stage Collapse In Indiana And Nursing Home Abuse In Missouri -- The Similarities" »

This is what the golden years should look like....not suffering from nursing home neglect.

A woman who was communicative and able to walk with the assistance of a walker when she entered a West Virginia nursing home was dead just three weeks later after suffering unimaginable neglect, according to a lawsuit that resulted in a $91.5 million dollar verdict. The jury determined that the Manor Care facility failed to feed and care for the resident causing her to die from dehydration shortly after leaving the facility.

According to staff members who testified, the facility was so grossly understaffed that it was impossible to properly take care of the residents. Sadly, far too many nursing homes are understaffed. However, the issue of understaffed nursing homes is rarely discussed in public. Only when a jury that hears the facts and registers their outrage in the form of a substantial verdict is the issue of nursing home staffing shortages discussed. Unfortunately, too many people will attack the jury rather than the underlying problem of nursing home companies refusing to provide proper care for their residents.

If you have a family member in a Missouri nursing home and believe that they are not receiving the care they deserve, be sure to check the staffing levels. Far too often, elderly residents are left to fend for themselves because of too few staff members. As a result, many residents develop bedsores and suffer from malnutrition and dehydration. There is a clear link between the lack of staff members and poor care.

To obtain legal advice about what you should do if you suspect your loved one is suffering in a nursing home, contact Missouri Nursing Home Negligence Lawyer David Terry to schedule a consultation. Call us toll free at 1-888-317-2525.

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A faulty furnace led to the temperature in a nursing home resident's room to reach 110 degrees causing the resident to suffer a heat stroke, according to an Illinois nursing home lawsuit filed in the Madison County Circuit Court recently. According to the Madison-St. Clair Record, nursing home resident Dorothy Stimson filed suit against Eden Village Care Center and Cummings Heating and Cooling which is alleged to be the company responsible for servicing the furnace during the time of the event.

The elderly are more susceptible to heat related injuries than younger people. If you watch any television or listen to radio during the summer months, you will hear public service announcements advising people to check on their elderly neighbors. Why? The answer is fairly simple. Many elderly people take medications that may inhibit their body's ability to sweat, which is the the way our bodies naturally cool themselves. Sometimes elderly people also lack the mental awareness to know that they should drink more water to keep themselves hydrated in times of excessive heat. Whether these or other conditions were in effect with Ms. Stimson we don't know, but regardless of the specifics of her particular lawsuit, the issue of heat and the elderly is an important topic and one that should not be overlooked.

As the economy worsens, more and more nursing home owners are tightening their belts and their budgets, leaving fewer employees to meet the needs of their nursing home residents. Whether your loved one is hurt in an event such as a fall or due to an elopement or through long term neglect, it is important to talk to an attorney experienced in nursing home abuse cases.

To contact our office, feel free to call us toll free at 1-888-317-2525

A wheelchair-bound Chicago, Illinois nursing home resident died after accidentally lighting himself on fire while smoking.

The 62 year-old resident of a Rogers Park nursing home was sitting at an outdoor patio around 8:50 a.m. when he lit his cigarette. He placed his lighter in his pocket and was smoking when his clothes ignited. The man and another resident tried extinguishing the fire, but it took a fire extinguisher to douse the blaze. The man, suffering first and second degree burns, was rushed to St. Francis Hospital in serious/critical condition. He was transferred to Loyola University Hospital, where he died around 4:56 p.m.

For their own safety, federal regulations require nursing homes to provide adequate supervision and assistance for nursing home residents who smoke. While we don't know if this gentleman was provided with the appropriate supervision and assistance, we do know that the consequences of his accident cost him his life. If you have a loved one or friend in a nursing home who smokes or is facing nursing home placement, consider these questions:

• What are the facility's smoking policies? What type of assistance/supervision is provided? If a resident refuses to comply with smoking policies, what are the repercussions?
• Are there designated smoking areas with ashtrays and smoking aprons? Are fire extinguishers located close by and is facility staff properly trained to use same?
• Are cigarettes, lighters, and other smoking devices accessible by the staff only? If not, where is the smoking paraphernlia stored?
• What is the proper procedure to call for help in case of fire? Is there a call system located outside?
• Is the facility equipped with sprinklers and fire detectors?
• Are fire evacuation procedures clearly posted?
• Is there a "no smoking indoors" policy strictly enforced by the staff?
• Are residents in smoking areas supervised by facility staff?

Illinois Nursing Home Abuse and Neglect Lawyer David Terry has over seventeen years experience in assisting and protecting vulnerable nursing home residents. If you or a loved one has experienced abuse or neglect at the hands of nursing home staff or residents, contact David Terry at 1-888-317-2525 to discuss your options. The initial consultation is free and there is no obligation to you.

The owners of Whispering Oaks, a defunct St. Louis County residential care facility, are in the news again. The St. Louis County Health Department forced the closure of the facility due to lack of running water in January 2010.

Whispering Oaks is owned by Naren Chaganti, a St. Louis attorney. Reportedly, federal agents have been investigating Chaganti for possible health care fraud at his now-closed facility. Published reports say that federal investigators have asked a judge to order Chaganti to comply with subpoenas requesting him to turn over business and banking documents related to the criminal investigation. Records pertaining to work performed by his brother, psychiatrist Dr. Surendra Chaganti, at the now defunct residential care facility are also sought.

The investigation could result in Chaganti facing charges of making false statements to the federal government, perpetrating a fraudulent health care scheme, and conspiracy.

Chaganti claims he is being targeted due to his Indian heritage and claims the government is investigating him because it would help former assistant U.S. attorney Kevin O'Malley, who is a member of the state healing arts board.

Chaganti's brother, Dr. Surendra Chaganti, has not been without his share of problems. Surendra Chaganti faced charges before the Board of Healing Arts alleging that he provided substandard care to a patient who died at St. Anthony's Hospital, ignored a pediatric patient, and prescribed psychiatric medications inappropriately at St. Anthony's in 2001 and 2002. Surendra Chaganti denied the allegations.

A settlement was reached in 2007 that allowed Surendra Chaganti to resign from St. Anthony's.

An Illinois nursing home resident is blaming a Madison County, Illinois nursing home for a recent injury.

Blanche Hicks filed a lawsuit against Eden Retirement Center, Inc. on July 19, 2011, alleging that Eden Village was responsible for a fall she suffered in November 2010. According to the lawsuit, Hicks was left unattended in her room and, as a result, fell and broke her hip. She is seeking more than $50,000 in damages.

It is common knowledge that nursing home falls can cause serious injury, or even death, for frail nursing home residents. Nursing homes certainly can't prevent every single fall, but they are required to identify those residents that are at a high risk for falling and take measures necessary to make it as safe as possible for them. Two of the measures nursing homes should use more to prevent falls are as follows:

1. Care Plans - Care plans should be regularly updated so all employees know how to properly care for each resident.

2. Additional staff - The more staff members available to provide care, the less likely a resident is to fall.

If you or a loved one has suffered injury in a fall at a nursing home and are in need of legal advice, contact Illinois Nursing Home Attorney David Terry to schedule a free, no obligation consultation at 1-888-317-2525.

A Glen Carbon, Illinois nursing home resident filed a lawsuit alleging that a faulty furnace at the facility caused her to suffer a heat stroke.

The lawsuit, filed on July 1, 2011 against Eden Village Care Center and Cummings Heating & Cooling, Inc., alleges that the woman was found unconscious and near death in her room in May 2009 from exposure to extreme heat. She had been lying on the floor overnight in a room that registered a temperature of 110 degrees.

The lawsuit further alleges that the facility's furnace had previously had problems with a stuck heat sequencer and a broken control board.

Elderly individuals are very sensitive to weather extremes. We have all seen the public service announcement advising us to check on our older neighbors during periods of extreme heat. One would think that nursing home employees - who are supposedly ultra-sensitive to the needs of the elderly - would know better than to leave residents in rooms with excessive temperatures. Having been involved in a case several years ago where my client died of hyperthermia with a care body temperature of 109.7 degrees, I am particularly incensed by cases like this.

I wish the resident involved in this case a speedy recovery and good luck in her legal case.

If you or a loved one have suffered abuse or neglect at the hands of a nursing home and are in need of legal assistance, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry to schedule your FREE, no obligation consultation at 1-888-317-2525.