Nursing Home Sued for Abuse

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Nursing Home Sued for Abuse

After an incident in Michigan with a negligent nursing home staff, they are being sued for abusing and slandering a patient of the home. He was an elderly Lebanese man who was physically abused over an 11-month period. His son set up a hidden camera after being suspicious when he noticed multiple bruises on his father. When the son asked about the bruises, the staff would claim that he fell multiple times into a wall. After setting up a hidden surveillance camera, it caught the staff throwing the man across the room onto the bed, and yelling ethnic slurs at him. The family removed him from the nursing home immediately after seeing the tape.

The lawsuit they are filing claims caretakers physical abused and hurled ethnic slurs. It also claims that he was denied drinks such as water, and had his call button taken from him. The nursing home claims that most of the was not true and after internal investigation, they could not prove all the allegations. The employees from the video were immediately fired and further training is given to the staff of the nursing home. The lawsuit is still taking place and a claim is being settled.

Some Signs of Nursing Home Abuse 

  • Unexplained bruises, cuts, broken bones. Broken eyeglasses, lack of medicine
  • Unusual behavior in the elderly person, witnessing threatening or belittling from care taker (emotional abuse)
  • (Sexual abuse) bruised, bloody, or torn underwear. Unexplained STDs or genital infection, anal/vaginal bleeding
  • (Caregiver neglect) Lack of bathing, dehydration, sickness from wrong clothing outside etc.

Deciding to move a loved one into a nursing home can be difficult and emotional. Especially if they are unfairly treated and injured as a result. Have you or a loved one suffered an injury due to nursing home negligence and decided to take action?

Does a family member need help filing nursing home negligence claims? Contact my office immediately. As your attorney I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death and nursing home negligence cases. Serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

 

Dementia Patients and Nursing Home Abuse

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Nursing Home Medicine Misuse for Dementia Patients

Nursing homes throughout America are distributing antipsychotic drugs to residents with dementia. They do this to control their behavior, and make it easier to handle the day to day job. Federal rules are in place to execute the misuse of drugs as “chemical restraints” and it is against the law, and I find it morally wrong.

A recent study has claimed that in multiple cases, nursing homes and their workers administer the drugs without obtaining permission from the patients living there or their families. These actions go unpunished and enable nursing homes to take advantage of their residents and abuse authority.

The Rise of Abuse with Misuse of Medication for Dementia

Human Rights Watch or (HRW) is an organization who have discovered these types of cases and states that it continues to be a current problem. Recent report studies show 1.1 million people aged 65 and above are residents and are found in an average of 15,600 nursing facilities for the year of 2017.

Antipsychotic drugs which were developed to treat psychiatric conditions, such as schizophrenia, are being misused on thousands of patients every year. Using such medications for the convenience of staff to discipline or restrain residents, violates federal regulations and is a major violation of international human rights law.

However, even when facilities have been discovered to have broken the rules, they were rarely punished “People with dementia are often sedated to make life easier for overworked nursing home staff, and the government does little to protect vulnerable residents from such abuse,” said Hannah Flamm, a New York University School of Law and fellow at HRW.

If no one puts a stop to this, it will continue putting more people at risk of such abuse.

These incidents have been discovered in hundreds of nursing homes across the United States, and continue to be a current problem with no one taking charge. Have you or a loved one suffered abuse due to nursing home negligence and have decided to take action?

Does a family member need help filing nursing home negligence claims?

Contact my office immediately. As your nursing home abuse attorney I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Nursing Home Neglect – Left Out in the Cold

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Dangerous Temperatures Reveal Serious Nursing Home Neglect

Nursing home abuse can present in a plethora of ways. Unfortunately, the dangerously cold temperatures in Ohio shed light on another very serious form of abuse; neglect and failure to provide adequate care. Ripped from local news headlines are incredibly sad neglect stories that ended in tragedy. Our elderly or disabled loved ones are being left in the cold, quite literally.

When evaluating a nursing care facility it is customary to focus on the quality of the facility, reputation, care standards and cost.  Facility security and quality of around the clock care, particularly at night when family is not present, must be carefully assessed.

Nursing Care Facility Security

When we think of security we typically think of keeping people out.   In the case of nursing homes, keeping our loved ones in must be evaluated.  Nursing care facilities must have safeguards and protocols in place when dealing with the elderly or disabled patient. Simple alarm systems and monitoring by way of technology and personnel are critical. Every nursing home facility should be equipped with safety and security features, regardless if providing dementia care.

If a nursing care facility is properly secured and monitored, patients and/or residents are not able to leave the premises without informing the care providers.  Lives have been lost as a result of patients leaving the facility and falling victim to injury or the elements.

Around the Clock Monitoring

In a recent headline out of Toledo, a patient was found dead as a result of hypothermia. This patient was unaccounted for more than 8 hours!  This is totally unacceptable, and one of the worst cases of neglect in recent years.

When selecting, or re-evaluating a nursing facility, the quality of care must be taken into consideration, all hours of the day and night.  Hiring and training practices, coupled with employee screening and accountability, and a system of checks and balances, could have prevented this terrible tragedy. In this particular case, several employees falsely reported resident counts and allowed the unthinkable to happen.

Grounds and Outdoor Setup

The interior of a nursing facility is important for many reasons, but the exterior grounds must be assessed as well. Outdoor grounds should be monitored 24 hours a day. In the aforementioned case in Toledo, the resident was unaccounted for 8 hours! That is two shifts that not only falsely reported resident counts, but also failed to do a simple outdoor check.

There is no doubt that for every tragedy, there are dozens of others that go unreported, or perhaps caught in the nick of time. The only way to effectively enact change is to hold these care facilities and responsible individuals accountable for their actions and failures.

If you or a loved one has suffered nursing home neglect, you must contact my offices immediately.

As your Ohio nursing home abuse attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Nursing Home Rating Systems – What to Know!

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There are over 900 nursing home facilities in the State of Ohio with over 80,000 residents. When considering a short term or long term nursing home for a loved one, it is important to research ratings to understand the quality of care to be expected. A below average rating can indicate a low quality of care for residents and patients of nursing homes. Every facility that is charged with caring for patients should take every action to attend to patients’ needs, keep them safe, and make sure they receive adequate medical attention.

Factors that are considered when rating a nursing home include:

  • Health inspections-Most nursing home facilities accept Medicare and Medicare; therefore are subject to federal regulations and yearly inspections
  • Staffing-the amount of nursing care and physical therapy care received by patients is an indicator of quality of care
  • Rehabilitation-Self reported and claims-based quality measures for short and long term stay.

Deciding to move a loved one into a nursing home can be difficult and emotional. Researching the ratings of these facilities can help ensure the decision is informed, and ease the process. Have you or a loved one suffered an injury due to nursing home negligence and decided to take action? Does a family member need help filing nursing home negligence claims? Contact my office immediately. As your attorney I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death and nursing home negligence cases. Serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

 

Ohio’s Poor Quality Nursing Home Care and Inspections

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I have news that is both shocking and sad. The Cleveland PD recently reported that our nursing homes are among the nation’s lowest rated. And if that isn’t enough, the people who are responsible for policing the nursing homes have been deemed wholly inadequate.

What is most troubling to me is that the victims are our most cherished, deserving, loved ones. These are the people who worked hard their entire lives to make our lives better. They are in the twilight, golden years and they should be treated with the highest degree of dignity and respect.

Instead, nursing homes only care about one thing, profit and the bottom line.

Consequently, they are purposely understaffed. To compound that problem, the personnel is not trained and/or supervised properly.

The state of Ohio provides inspectors to survey each and every nursing home. There are currently 960 nursing homes in Ohio and only 153 inspectors! This significantly disproportionate ratio has resulted in negative side effects for nursing home facilities AND residents.

In the last two years, Ohio has failed to meet federal deadlines for nursing home inspections.

The appallingly low number of Ohio inspectors oversees 960 nursing homes, 600 assisted living centers, and may investigate up to 2,000 complaints per year. In addition, the Centers for Medicare & Medicaid Services require states to complete inspections within 12.9 month intervals.

Ohio’s average interval for nursing home inspections in 2016 was 13.8 months; the year before that was 14.4 months. While the average decreased, these numbers are still utterly unacceptable if we are to provide proper care and safe living environment for our sick and elderly!

In the past 3 years, there have been a minimum—most nursing home neglect injuries go unreported—of 31 nursing home deaths attributed to poor quality in care.  A lack on inspectors and yearly inspections will continue to result in dangerous and fatal outcomes.

For 36 years, I have represented the victims of nursing home neglect and abuse. These are among the most disturbing and troubling cases that I have ever handled. The reason is that the victim is oftentimes most vulnerable because they are frail and disoriented, and fall easy-prey to ambivalent, poorly trained, and understaffed facility.

We know two things for sure.

Nursing homes in Ohio are ranked among the lowest in the entire nation and the people responsible for evaluating, and policing these institutions have been deemed by independent third parties as insufficient.

This is where I come in.

Oftentimes, I change the way nursing homes do business. By holding them accountable, I force them to change their practices and policies. My goal is that the tragedy that befell my client because of nursing home neglect and abuse will NEVER happen to anyone ever again.

If you suspect that a friend and/or a loved one has received substandard care and, consequently, suffered significant, permanent injuries, it is compelling to call me.

Only then will we be in a position to make real changes and protect our loved ones.

I’m happy to meet with you and your family at a time and place most convenient for you. As your Ohio nursing home negligence attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 855.800.0384.

The Nation’s Poorest Nursing Home Care is in Our Own Backyard

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Federal statistics have reported the state of Ohio is ranked as one of the poorest states for nursing home care.

As a medical malpractice attorney for 36 years, you can imagine this does not sit well with me. My first question when I read the Cleveland Plain Dealer’s article on Ohio nursing home care was, “what underlying factors are the cause for Ohio’s poor nursing home care?”

Nursing home negligence and abuse can be difficult to monitor for a multitude of reasons and, for this reason, many instances of negligence are under reported.

An estimate of only 1 in 14 elder abuse incidents are reported.

Without filed complaints, statistics for nursing home abuse may be even lower than the recent federal statistics illustrate!

The rating system used nationwide is called Nursing Home Compare. This allows “consumers” to compare nursing home information to make the right choice for their loved one by providing ratings of 1 through 5 stars.

This system rates the following factors:

  • Health inspections
  • Staffing within facilities
  • Quality measures for residents (addresses their treatment, physical health, pain, etc.)

Unfortunately, resident opinions are not included in the standard rating system. Many complaints often go unheard or are not properly managed.

In a startling discovery, almost half of Ohio’s nursing homes received below-average ratings for their care.

Here are some of the highlighted facts from the federal statistics as of December 2016:

  • There are 963 nursing home facilities in the state of Ohio.
  • All nursing homes are ranked through the federal Nursing Home Compare rating system.
  • 41% of Ohio nursing home facilities received 1 or 2-star ratings on this rating system.
  • The state of Ohio only requires 75 hours of aide training in nursing facilities, whereas other states like California require 150 hours.
  • 30% of Ohio’s nursing homes were fined approximately $6.37 million in a 3-year span.

My job as an attorney is to fight for the injured victim’s justice and Make Them Pay. When it comes to nursing home negligence, fighting for justice is not enough. My duty to those who are injured by negligent medical professionals is to fight for change and ensure these injuries never happen again.

It is important that you or anyone who has been hurt by a negligent nursing home reports any and all incidents immediately.

You can do so by filing an online complaint with the Ohio Department of Health as soon as possible.

If you or a loved one has suffered nursing home negligence and/or abuse, call me today. As your Ohio nursing home negligence attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.