South Carolina Nursing Home Blog

South Carolina Nursing Home Blog

Nursing Home Information & Litigation

Category Archives: Trial themes

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Protecting Loved Ones

Posted in Abuse and Neglect, Advocacy, Pressure or decubitus ulcers, Staffing, Trial themes
NJ Online had a great article about protecting loved ones from elder abuse quoting esteemed nursing home advocate/attorney Saul Gruber.  Our senior citizens are the heart of the population, but are often times forgotten when placed into long-term care facilities. “The nursing homes get to a point where they are trying to make money and the [&hellip… Continue Reading

Preventable ER Visits

Posted in Advocacy, Trial themes
JAMDA had an article on ” Identifying Potentially Preventable Emergency Department Visits by Nursing Home Residents in the United States”.  Below is the Abstract. Abstract Objectives To identify and describe potentially preventable emergency department (ED) visits by nursing home (NH) residents in the United States. These visits are important because they are common, frequently lead to [&hellip… Continue Reading

Surgical Errors

Posted in Advocacy, Trial themes
The Wall Street Journal had an interesting article about surgical errors in hospitals.  Surgery can be risky by its very nature, and the possibility of error or negligence makes it even more so. According to an analysis last year in the journal Patient Safety in Surgery, 46% to 65% of adverse events in hospitals are [&hellip… Continue Reading

Sexual Predator Caught in the Act

Posted in Abuse and Neglect, Staffing, Trial themes
The Star Tribune reported that a severely disabled resident at Walker Methodist Health Center in Minneapolis was sexually assaulted last December by an employee who had entered the resident’s room at night, according to a state investigation.  A witness reported seeing the alleged assailant moving back and forth in a “thrusting motion” about four times, while the resident [&hellip… Continue Reading

End of Life Research

Posted in Advocacy, Dementia Care, Trial themes
Vox reported on dying in America based on the research by Kaiser Health News, a nonprofit national health policy news service, with support from The SCAN Foundation.  15 years ago, the Institute of Medicine released its seminal 1997 report detailing the suffering many Americans experience at the end of life and offering sweeping recommendations on how to improve care.  It [&hellip… Continue Reading

Guilty Pleas in Video Recorded Neglect Case

Posted in Abuse and Neglect, Advocacy, Staffing, Trial themes
Buffalo News reported that nine months have passed since a hidden-camera investigation led to the arrest of 17 workers at HighPointe.  It was late April and the employees – a registered nurse, seven licensed practical nurses and nine certified nursing aides – stood accused of neglecting a bedridden man under their care.  Each worker at HighPointe on [&hellip… Continue Reading

Video Captures Assault

Posted in Abuse and Neglect, Advocacy, Staffing, Trial themes
KSAT reported that Marla Bean was fired from her job at Esplanade Gardens, the Converse nursing home where she allegedly beat a resident who suffers from Alzheimer’s disease, according to one of the facility’s administrators.  An arrest affidavit stated that the daughter of the 77-year-old victim installed a camera in her mother’s room after noticing some unexplained [&hellip… Continue Reading

Nursing Home Industry Pressures Nursing Home Regulators

Posted in Abuse and Neglect, Advocacy, Regulatory enforcement, Tort Reform, Trial themes
WTAE Action News Investigates has found another example of the nursing home industry telling the nursing home regulators how to do their job – and succeeding.  Last year the Pennsylvania Health Department who are required by law to inspect, supervise, and investigate nursing homes to promote the health and safety of the nursing home residents [&hellip… Continue Reading

Value Based Payments

Posted in Advocacy, Medicare, Trial themes
The New England Journal of Medicine published an article by Ms. Burwell, the U.S. Secretary of Health and Human Services.  Burwell wrote about the opportunity to shape the way care is delivered and improve the quality of care system wide, while helping to reduce the growth of health care costs.  The Department of Health and Human Services [&hellip… Continue Reading

Arbitration: The Silver Bullet for Tortfeasors

Posted in Advocacy, Arbitration, Tort Reform, Trial themes
Inside Arm appears to be a defense blog and podcast.  The blog had an article about why companies use arbitration agreements and force victims of negligence to forgo their constitutional right to a jury trial. In “Is There a ‘Silver Bullet’….”, corporate lawyer John Rossman of Moss & Barnett in MN says, “What if there existed a [&hellip… Continue Reading

Dehydration and Death

Posted in Abuse and Neglect, Advocacy, Staffing, Trial themes
Reuters reported that people in nursing homes are more likely to be dehydrated than elderly people living in the community, new research suggests. People in nursing homes may be at a greater risk of dehydration, especially if they require assistance and may not drink enough fluids on their own.  The study, involving patients admitted to hospitals [&hellip… Continue Reading

Anticholinergics Increase Risk of Dementia

Posted in Abuse and Neglect, Dementia Care, Medications, Trial themes
The People’s Pharmacy had an article on how certain medications may cause or aggravate dementia.  Researchers studied participants in the Adult Changes in Thought (ACT) study conducted in the Seattle area (JAMA Internal Medicine, online, Jan. 26, 2015). These were older people enrolled in an integrated health care delivery system called Group Health. Over 3,000 [&hellip… Continue Reading

Video Cameras = Safety and Accountability

Posted in Advocacy, Tort Reform, Trial themes
NBC San Diego had a great article on the use of video cameras in nursing homes.  Video cameras capture reality and from police officer body cams to nanny cams, they are being used more and more as a way to help provide accountability.  Joe Balbas is the co-owner of Vista Gardens, a residential facility for [&hellip… Continue Reading

Bankruptcy Does Not Protect Directors and Officers

Posted in Advocacy, Tort Reform, Trial themes, Verdicts/Settlements
McKnight’s had an article on the effect of filing bankruptcy on the license of a facility.  A recent case held that Florida’s Agency for Health Care Administration can continue to try to revoke a nursing home’s operating license, despite the facility declaring bankruptcy, a federal bankruptcy court has ruled.  The U.S. Bankruptcy Court for the Middle [&hellip… Continue Reading

Are Nursing Homes the new Debt Prisons?

Posted in Abuse and Neglect, Advocacy, Tort Reform, Trial themes
CBS News had an article based on the New York Times article and research from Hunter College that discovered that some state law allows some nursing homes to gain guardianship — and financial control — of vulnerable adults who reside in their facilities. Guardianship transfers a person’s legal rights to make some or all decisions to someone [&hellip… Continue Reading

Medical Innovation Act

Posted in Advocacy, Medications, Regulatory enforcement, Tort Reform, Trial themes
The Wall St. Journal had an article on an interesting proposal by Senator Warren. Seeking to fund new scientific research, U.S. Sen. Elizabeth Warren (D-Ma.) plans to introduce a bill that would require drug makers that break the law to send some of their profits to the U.S. National Institutes of Health.  Drug makers that reach [&hellip… Continue Reading

Another Video Records Assault

Posted in Abuse and Neglect, Staffing, Trial themes
WNEP reported that Joshua Wegielewski was in court to face charges that he assaulted a resident at the Gardens of Green Ridge nursing home on October 25, 2014.  According to court papers, a certified nursing assistant assaulted a resident at the nursing home. Court papers say Wegielewski and a coworker held a 76-year-old woman’s door shut [&hellip… Continue Reading

Resident to Resident Rape

Posted in Abuse and Neglect, Trial themes reported that police have arrested a 57-year-old David Henson in the alleged rape of a fellow patient at Heartland of Mt. Airy nursing facility.  Police allege David Henson anally and vaginally penetrated a woman with foreign objects, according to court documents. The accused and the alleged victim were both residents at the facility.  Henson’s attorney said that [&hellip… Continue Reading

“Three Strike Plan”

Posted in Regulatory enforcement, Tort Reform, Trial themes
KLTV had an article on Texas lawmaker Charles Schwertner who is pressing lawmakers to enact a more stringent policy towards nursing homes with established violations of abuse and neglect. Senator Schwertner has proposed legislation that, if enacted, would require the state to revoke licenses of nursing homes that have chronically presented high level deficiencies to the [&hellip… Continue Reading

For Profit Hospice Fall Short

Posted in Advocacy, Dementia Care, Trial themes
The Washington Post: Dying And Profits: The Evolution Of Hospice  The influx of for-profit companies into the hospice field has benefited patients, advocates say, because the commercial companies made big investments in technology, focused on efficiency and made care more accessible. But a Washington Post analysis of hundreds of thousands of U.S. hospice records indicates [&hellip… Continue Reading

Bankruptcy Protects Medicare Reimbursements?

Posted in Advocacy, Medicare, Nursing home cases in the news, Tort Reform, Trial themes
McKnights had an article on a decision that prohibits the government to cut off reimbursements to a nursing home that entered bankruptcy while appealing the termination of its Medicare and Medicaid certification, a federal judge ruled. The controversial decision could lead other nursing homes to enter Chapter 11 to preserve reimbursements. After inspectors cited Bayou [&hellip… Continue Reading

Pattern of Neglect

Posted in Abuse and Neglect, Advocacy, Trial themes
NBC reported that two Korean War veterans suffered agonizing and fully preventable deaths in The Suffolk Center for Rehabilitation and Nursing.  The Long Island nursing home in this case created an environment that resulted in two equally offensive acts of negligence, both of which were due in part to substandard quality of care. The first victim, [&hellip… Continue Reading