News

Nursing Home Abuse and Neglect

• Maggots Found In Patient's Ear
  Aug 27, 2007

  Maggots were found in the ear of 91 year old patient in a nursing home in Johnson City, Tennessee according to an Associated Press story. According to the AP, the nursing home records reveal that her hair had not been washed in weeks. The nursing home claims to have washed her hair yet failed to document it. The defense of "we were too busy providing good care to document it" is familiar to most nursing home attorneys. Many nurses and nursing home attorneys reject that theory as simply self-serving and lacking in any credibility. - 11 - 20

• Virginia Nursing Home Loses Medicare/Medicaid Certification
  Jun 11, 2007

  The Carriage Hill Rehabilitation and Nursing Center in Spotsylvania County, Virginia has been decertified by Medicare and Medicaid after a series of incidents including the death of a man strangled by the cord to his call button according to the Fredericksburg Star. - 12 - 20

• Abuse and Neglect of Elderly Rampant In Nursing Home Industry
  Sep 21, 2006

  A 2006 report by Consumer Reports finds that two decades after Congress attempted to reform the nursing home industry "bad care persists and good homes are still hard to find." Twenty years ago Congress passed the Nursing Home Reform Act which required all nursing homes that accept Medicare and Medicaid funding to meet uniform national standards. According to press reports, penalties often are not enforced against nursing homes and nursing homes that are out of compliance with federal regulations are permitted to continue treating Medicare and Medicaid patients. Studies have shown that there is a strong correlation between staffing levels and quality of care. Of course increased staffing increases costs and results in reduced profits for the nursing home. Virginia attorney John Harris correctly points out that one way to make nursing homes improve the quality of care is to pursue civil lawsuits against nursing homes. In other words "make it more expensive to neglect patients." - 13 - 20

• Federal Settlements with Virginia Nursing Homes
  Feb 09, 2006

  The U.S. Attorney's Office in Virginia has investigated numerous nursing homes for fraud and substandard care. The investigations have led to settlements with nine Virginia nursing homes. The settlements require facilities to pay monetary penalties and invest in improving the quality of care for the patients. These settlements may lead to improved care for current and future residents, however, they do little for people already victimized. If you believe that a loved one has been a victim of abuse and neglect at a Virginia nursing home or assisted living facility, we welcome you to contact us. - 14 - 20

• 19 Nursing Home Employees Arrested After Being Caught on Hidden Cameras Neglecting Patients
  Jan 06, 2006

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Assisted Living Facilities Lawyers in Virginia

• More Virginians Choosing to Live in Assisted Living Facilities
  Jan 08, 2010

  A recent study found that Virginia ranks second, only behind Minnesota, in number of assisted living facility beds per capita.  Virginians are recognizing that as we get older we may need assistance in activities of daily living so it is only logical to move into so-called "continued care communities."  Continued care communities offer the promise to preserve your independence while provided enhanced levels of care as your medical needs increase. 
  
  The study published in Health Affairs makes an important point: assisted living facilities are less well regulated than nursing homes.  It was not until six years ago that these facilities had anything more than bare bones regulations.  They are now required to have licensed administrators and trained medication techs.
  
  Assisted living facilities can be a great option for many people.  They should have the flexibility to meet the residents' needs while preserving their independence.  The problem arises when the facility does not have adequately trained staff or accepts patients that require higher levels of nursing care.  For example, assisted living facilities are not equipped to provide treatment for pressure ulcers, care for patients who require IVs, or treat patients who need around the clock nursing care.
  
  A more serious problem are assisted living facilities that are not adequately maintained.  We have successfully pursued wrongful death and serious personal injury cases against assisted living facilities that failed to provide adequate heat or secure windows.  One resident literally froze to death and another resident broke his back falling out of the third floor window of an assisted living facility.
  
  We represent victims of assisted living facility neglect and abuse throughout Virginia.  If you or a loved one has been injured please call us at (804) 288-1661 or click here to contact us by email for a free consultation.  - 16 - 20

• Newport News Assisted Living Facility Hit with $750,000 Verdict
  Jun 04, 2009

  An owner of an assisted living facility was held liable for hiring an employee with an extensive criminal record.  Despite a lengthy criminal record the owner made him an assistant director.  Tragically the employee repeatedly sexually assaulted a 55 year old  resident.  The jury awarded him $500,000 for his injuries and an additional $250,000 in punitive damages.
  
  Click here to read more about this case from the Dailypress.
  
  Assisted living facilities in Virginia are required to take reasonable steps to protect the safety of their residents.  That includes hiring sufficient and competent staff, providing adequate heat, and facilitating medical treatment.  Please visit our adult home section of our website to learn more about resident rights and legal remedies.  To learn more about our experience representing victims of abuse and neglect at assisted living facilities, please visit our case results page. - 17 - 20

• Credit Cards Stolen From Retirement Home
  Mar 10, 2009

  Henrico County police are investigating the theft of three credit cards from a Henrico retirement home.  The thieves went into the retirement home posing as health care workers.  They stole three credit cards and illegally charged $65,000 on the credit cards.  
  
  Under Virginia law nursing homes have been held liable for failing to provide reasonable security to its residents.  The fact is that residents of nursing homes and adult homes are dependent on the facility for their security.  Fortunately in this case the victims only had their credit cards stolen.  In other notorious cases, the victims have been subjected to physical and even sexual assaults.  - 18 - 20

• Virginia To Increase Penalties Against Assisted Living Facilities
  May 11, 2005

  The Virginia General Assembly has recently made a few small steps in the right direction to strengthen regulations for assisted living facilities, to improve funding, and to increase fines against assisted living facilities. The changes are merely a start. Under legislation passed last session, administrators of assisted living facilities must be licensed the Department of Health Professionals. Previously, there were no requirements for administrators to be licensed. The state has modestly increased funding for subsidies for low income residents of assisted living facilities. Even with the increase in funding, the state will spend only about $31 per day per subsidized residents. That is less than many people spend to board a pet. Perhaps most substantial, the legislation will increase fines from a maximum of $500 to $10,000. Unfortantely the legislation fails to address understaffing at assisted living facilities. Under current law, there are no minimum staffing levels with specified ratios of care workers to residents of assisted living facilities. - 19 - 20

Pressure Sores

• Unavoidable Pressure Ulcers
  Apr 27, 2010

  A recent press release from the National Pressure Ulcer Advisory Panel (NPUAP) addresses under what circumstances a pressure ulcer should be described as unavoidable:
  
  

  "Unavoidable - means that the individual developed a pressure ulcer even though the provider had evaluated the individual's clinical condition and pressure ulcer risk factors; defined and implemented interventions that are consistent with individual needs goals and recognized standards of practice; monitored and evaluated the impact of the interventions; and revised the approaches as appropriate."
  
  The press release is not ground breaking.  There are circumstances where a pressure ulcer may be unavoidable.  For example a patient may be too unstable to turn and reposition, but that is rare. 
  
  The NPUAP identifies important factors for determining whether a pressure ulcer is unavoidable.  First, the patient must have been appropriately evaluated before developing a pressure ulcer.  Second, interventions must be implemented.  Examples of important interventions include turning and repositioning, nutritional support, and pressure relieving mattresses and wheelchair cushions. Third, the nursing home or hospital must monitor and evaluate the effectiveness of the interventions.  Lastly, they must revise the approaches as indicated.  Only when a nursing home or hospital takes all of those steps can a pressure ulcer be considered unavoidable.
  
  In many cases, nursing homes and hospitals try to hide from legal responsibility for pressure ulcers by calling them unavoidable without taking appropriate steps to prevent them.  These guidelines make it clear that you can not call a pressure ulcer unavoidable without first taking all the appropriate steps to prevent them.  A nursing home or hospital that fails to take appropriate steps to prevent and treat pressure ulcers should be held accountable. 
  
  If a loved one has been harmed by a nursing home or hospital that has failed to prevent and treat serious pressure ulcers, please click here to contact us by email or call us at (804) 288-1661. 

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