Pennsylvania Nursing Home Abuse Attorney Blog

The Troy (New York) Record recently reported on the sentencing of a former nursing home aide for sexually abusing a nursing home patient. As a Pennsylvania nursing home abuse lawyer, I was glad to see the court make clear that abuse of helpless nursing home patients will not be tolerated. Robert Gunderson, 52, of Schoharie County, NY, pled guilty to attempted first-degree sexual abuse. Gunderson admitted to touching the breast of a 78-year-old woman who was a patient at the Northwoods Rehabilitation Center and Extended Care Facility in Schaghticoke, NY, where he worked as a nurse's aide. The patient was "physically helpless," according to the Record, and the abuse occurred in late 2007 and early 2008. Gunderson was sentenced to ten years' probation, although he could have faced up to seven years of jail time on the charges that were brought against him.

Surprisingly, these are not the first allegations of sexual abuse concerning Gunderson. He is also facing a charge of third-degree sexual abuse for an alleged incident that took place during his employment at the Eddy Ford Nursing Home in Cohoes, NY. In August and September of 2008, Gunderson is alleged to have French kissed a patient with multiple sclerosis who was confined to a wheelchair. It is disturbing that Gunderson was able to behave this way toward patients in two different nursing homes over the course of a year. Nursing homes have a legal responsibility to ensure that they hire qualified staff with no history of abuse or other dangerous criminal violations. Nevertheless, some homes may cut corners to save money. For example, they may not conduct sufficient background checks. Or they may be so understaffed that personnel do not see patients frequently enough to notice signs of abuse from another staff member.

Nursing home patients' family members should be alert to signs of abuse when they visit. According to an article in Nursing Homes, signs that a patient may have been sexually abused include: "difficulty in walking or sitting, pain or itching in genital areas, the occurrence of sexually transmitted diseases, unexplained bruising, welts, lacerations, fractures, or other injuries, decreased socialization, self-injurious behavior and/or attempts to hurt others, fear of specific people or places, [and] habit disorders such as pulling hair or ears."

Continue reading "Pennsylvania Families Should Be Alert to Sexual Abuse of Nursing Home Patients" »

An investigative report that found 38% of Massachusetts nursing homes had been rated "below average" got the attention of our Pennsylvania nursing home neglect attorneys. The Boston Herald's March 7 report found dozens of problems with neglect, lack of cleanliness, and poor staff training over two years. These lapses led to patients' deaths and nursing home staff members' attempts to cover up their negligence. In a 2008 incident in Danvers, Massachusetts, nurses failed to do CPR on an unresponsive patient, whom a doctor pronounced dead 15 minutes later. A nurse admitted to falsifying the patient's medical records.

In other reports, nursing home staff ignored treatment plans to keep patients from losing too much weight -- a common problem in nursing homes -- neglected to provide appropriate pain medication, and failed to protect patients from themselves and each other. Industry experts pinned part of the blame on low staff-to-patient ratios, leading to staffs that are too overworked to give patients the attention they need. "Most nursing homes are too understaffed to avoid harming residents," said Janet Wells, director of public policy at the National Citizens' Coalition for Nursing Home Reform. Even W. Scott Plumb of the Massachusetts Senior Care Association, which represents nursing homes, said that high staff turnover and worker shortages are continuing problems for nursing homes. These problems will only worsen as baby boomers age and nursing homes are flooded with even more patients.

Continue reading "Pennsylvania Families Should Take Note of Serious Problems in Nursing Homes" »

As Philadelphia nursing home neglect lawyers, we took note of a recent study reporting that the rate of dementia is likely to rise significantly as people live longer. McKnight's Long-Term Care News reported Feb. 25 that the University of California study predicted "epidemic" levels of dementia in people over the age of 90. For people over 100 years of age, the likelihood of having dementia is over 40%. Over the next four decades, the number of seniors over age 90 will more than quadruple.

Often, the families of patients with dementia are unable to care for them at home, so it is likely that many of these people will need care in a nursing home setting. This makes it particularly important to be vigilant for signs of abuse -- for example, overmedication of patients to make them easier for the nursing home staff to manage. As we discussed recently, a nursing home company operating in Pennsylvania was accused of participating in a kickbacks scheme with pharmaceutical companies. As part of this scheme, the nursing homes had incentives to overprescribe Risperdal, an anti-psychotic drug that is used to "chemically restrain" patients with dementia. Unfortunately, patients who are unnecessarily prescribed these chemical restraints may die from them.

Continue reading "Dementia Predicted to Rise Among Very Elderly in Pennsylvania Nursing Homes " »

As Pennsylvania nursing home negligence attorneys, we were dismayed to read in McKnight's Long Term Care News that the Centers for Medicare & Medicaid Services reported that 90% of all nursing homes in the United States were charged with varying degrees of violations in 2007. These violations often involved the nursing homes' failure to follow established federal or state rules and regulations. McKnight's columnists Paola DiNatale and Brad Granger say that nursing homes need to include all these rules and regulations in their facilities' policies as a way of avoiding harm of all kinds.

Of course nursing homes should do this. It benefits patients, staff, and the institutions alike if nursing homes are run well and no one suffers any harm. And of course, most nursing homes do say they plan to follow these rules and policies in the literature they give to patients and families. But if 90% of all nursing homes are failing to meet the standards set out by state and federal rules and regulations, clearly not all nursing homes are following through. In some cases, inattention may cause the lapses; in other cases, it's a dangerously overworked staff or employees who misuse their power to residents' detriment. But no matter what the cause, families that discover the problems too late can end up with a seriously injured or ill loved one and high medical bills that make them seriously consider a lawsuit.

Continue reading "Report Shows 90 Percent of Nursing Homes in Pennsylvania and Elsewhere Had Violations in 2007" »

As Pennsylvania nursing home abuse attorneys, we are keenly aware of the dangers of overmedicating nursing home patients and we are pleased to see pharmaceutical providers and nursing home companies held accountable for it. As we noted just over a month ago, federal regulators have pursued several companies over a kickbacks scandal involving nursing home medications.

McKnight's Long Term Care News reported on March 2 that two large, Atlanta-based nursing home companies, Sava Senior Care, which operates two Pennsylvania nursing homes, and Mariner Health Care Inc., have agreed to pay a $14 million settlement for participating in some of the same pharmacy kickbacks that recently cost Omnicare $98 million in penalties. According to the U.S. Department of Justice, Omnicare, the nation's largest specialized provider of pharmaceuticals to nursing home patients, took kickbacks for encouraging doctors to prescribe Risperdal, an anti-psychotic drug, to nursing home patients.

Commenting on the Omnicare settlement announced in November 2009, Tony West, Assistant Attorney General for the Civil Division of the Department of Justice, pointed out that "Illegal conduct like this can... lead to patients being prescribed medications they do not need" and that such kickbacks put profits ahead of good medicine. As Philadelphia nursing home negligence attorneys, we are here to represent the victims of profit-seeking schemes such as this. Over-prescribing medication for nursing home patients costs them and their families money as well as potentially harming them physically, when many of them are already suffering from weakened health. Unnecessary side effects and interactions with other drugs are bad enough, but these patients' dignity as human beings also suffers when they are overmedicated for the sake of nursing homes' profits and convenience.

Continue reading "Nursing Home Chain Operating in Pennsylvania Settles Kickbacks Case" »

A legal case out of Chicago caught the eyes of our Pennsylvania nursing home abuse lawyers. The Chicago Daily Herald reported Feb. 25 that the former director of a nursing home is being tried for neglect and obstructing justice for her role in a scandal involving a nurse who allegedly euthanized patients. Penny Whitlock, 60, directed the Woodstock Residence Nursing Home during a series of suspicious deaths in 2006. Nurse Marty Himebaugh is accused in the case of "playing Angel of Death" by giving dangerously high doses of drugs to selected patients.

Himebaugh is accused of causing at least four deaths at Woodstock. At first, investigators thought these were "mercy killings," but state investigators later found evidence that she chose patients who she thought were difficult or annoying. Other nurses reported to Whitlock that Himebaugh was acting strange and once said she'd given a patient a cocktail so she wouldn't bother her during her shift. Himebaugh faces felony charges of neglect and possession of a controlled substance. Whitlock herself is accused of failing to follow up on those and other complaints, even allegedly saying Himebaugh could "continue to play Angel of Death." Both women face a maximum of three years in prison, and are also targeted by civil nursing home abuse lawsuits from victims' families.

Our Philadelphia nursing home negligence attorneys wish those families the best of luck pursuing justice from Himebaugh, Whitlock and Woodstock. From an earlier story, we learned that prosecutors have chosen not to charge either woman with murder because they're not sure they can prove that charge beyond a reasonable doubt. In cases like this, families may have no chance to hold wrongdoers responsible in the criminal courts. Instead, they can turn to the civil courts, where the standard of proof is slightly lower -- a preponderance of the evidence. This allows them a day in court as well as a chance to recover damages for the pain, suffering and expense of a severe nursing home abuse case.

Continue reading "Nursing Home Director Charged With Neglect for Ignoring Suspicious Patient Deaths" »

Last year, the Third U.S. Circuit Court of Appeals decided a case very interesting to us as Philadelphia nursing home abuse lawyers. In John J. Kane Regional Centers - Glen Hazel v. Grammer (PDF), the issue was whether patients' families may claim in lawsuits that poor care amounts to a civil rights violation. The Third Circuit decided in July that they could, setting off a controversy in the world of nursing homes and nursing home negligence law. McKnight's Long-Term Care News reported Feb. 24 that the U.S. Supreme Court has declined to take up the case, allowing the Third Circuit's decision to stand.

In the original case, Sarah Grammer sued a Pittsburgh-area nursing home, John J. Kane Regional Centers, over the death in its care of her mother, Melvinteen Daniels. She alleged that Daniels was so badly neglected that she developed severe bedsores and malnutrition, leading to sepsis and death. This would form the basis of any Pennsylvania nursing home negligence claim, but Grammer took a different approach. The Federal Nursing Home Reform Amendments guarantee certain rights for nursing home patients, such as the right to be well cared for and free of abuse. Grammer argued that this allowed her to sue under the section of civil law governing civil rights violations. The home countered that the FNHRA do not create rights, but set forth requirements for receiving Medicare funds. The appeals court sided with Grammer.

This case is important for our work as Pennsylvania nursing home neglect attorneys because it opens another avenue to seek redress when a patient has been abused, neglected or otherwise subjected to mistreatment. Most nursing home negligence claims are state court claims, but under this decision, patients may file lawsuits as well. This gives them yet another layer of protection -- and it gives nursing homes yet another incentive to measure up to the reasonable standards laid out by federal law.

Continue reading "Supreme Court Turns Down Appeal of Pennsylvania Nursing Home Rights Verdict" »

Nursing home employees have a lot of access to prescription drugs. As Philadelphia nursing home negligence attorneys, we know that this can lead to serious wrongdoing in some cases -- such as the case of 26-year-old Andrea Markland. The Allentown Morning Call reported Feb. 9 that Markland, a former aide at a Telford nursing home, will stand trial for stealing time-released painkiller patches from the bodies of residents. She is charged with neglect of a care-dependent person as well as theft and receiving stolen property.

Markland's victims were two women in their eighties who had been prescribed time-release patches containing fentanyl, a powerful synthetic opiate. One of the victims has died since the thefts. In written statements to police, Markland admitted that she stole the patches five to seven times, cut them open and ate the medicated gel inside to feed an addiction to painkillers. By stealing the patches, the home's nursing supervisor said, Markland left the women in "debilitating pain." She also stole from the people who were paying for the women's treatment, a police officer said. Markland was caught after another employee saw her leaving an area where she wasn't supposed to be working.

As Philadelphia nursing home abuse lawyers, we suspect that this problem happens more often in nursing homes than it's reported. Opiates and other painkillers are widely abused and are heavily restriction because of their high potential for abuse. It's easy to predicts that nursing home workers might be tempted to abuse their positions, or even intentionally take a job to get access to narcotics. Nursing homes have a legal and ethical obligation to protect their residents from employees and potential employees willing to feed their addictions at residents' expense.

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A recent Chicago Tribune article called attention to a little-recognized but important problem among nursing home patients: physical and sexual violence between patients. As our Pennsylvania nursing home abuse attorneys know, mentally ill or diminished patients in particular pose a risk to other patients if not properly medicated and supervised. The Chicago Tribune took a look at this problem and published some disturbing results Jan. 26. According to the article, authorities have investigated 86 cases of sexual violence in Chicago nursing homes since 2007, in a quarter of the city's homes. Despite all of those investigations, authorities made an arrest in only one case.

In the majority of the cases, elderly or disabled female residents were attacked by male residents. Only a few cases involved attacks by staff, although the one prosecution the newspaper found was of an orderly. The Tribune said attacks were more likely in homes that housed a high percentage of younger mentally ill people who had been convicted of crimes, some of them violent crimes. Of the 30 homes where sexual assaults happened, 21 were federally rated as below average or well below average on staffing levels. In one case, a 61-year-old woman yelled "No, no, please" as she was assaulted by a 47-year-old man with a history of "inappropriate sexual behavior," but said she was too scared to fight back. The home's police report, filed months later, said she described the sex as consensual.

These stories are deeply disturbing to Philadelphia nursing home negligence lawyers like us. Most stories of nursing home abuse focus on abuses of power by staff, but as this article shows, abuses by other residents can and do happen. Every nursing home resident has a basic right to be safe in his or her home. Homes that fail to provide adequate protection not only fail in their basic duties, but leave themselves vulnerable to administrative or criminal penalties and nursing home negligence lawsuits.

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Our Pennsylvania nursing home neglect attorneys were shocked and disturbed to read a recent article exposing serious problems with two state-run nursing homes. The Pittsburgh Tribune-Review reported Jan. 25 that the state health department's inspectors found negligence and misuse of psychiatric drugs at the Hollidaysburg Veterans Home between Pittsburgh and Harrisburg. Another home, the Gino J. Merli Veterans' Home in Scranton, was cited for allowing two outbreaks of scabies, failure to prevent or treat bedsores and failing to maintain sanitary conditions. The state runs four other veterans' homes, but only these two garnered the lowest possible rating because of serious repeat violations.

In Hollidaysburg, health inspectors found that patients were improperly receiving psychiatric medicines to control their behavior. Attendants routinely physically restrained patients for bathing or medical treatment. Abuse concerns reported by a psychiatrist went uninvestigated by a director who said he didn't believe he had to investigate statements about staffers' personal feelings. In another case, home staff didn't contact police about suspected abuse, despite a state law compelling them to, so the victim's wife did it.

At the Scranton home, residents endured two rounds of scabies because home officials failed to ensure that an employee had recovered fully before coming back to work. It was also cited for failure to prevent bedsores. In one case, a doctor ordered treatment for bedsores, but the home failed to take action for nine days. At least two other patients were cited for dehydrated residents. And over three years, the state found 38 reports of possible patient abuse by staff or other patients.

As Philadelphia nursing home abuse lawyers, we hope this article leads to immediate corrective action by state regulators. Nursing home patients are in homes because they can no longer care for themselves, and that often means they're at the mercy of their caregivers. As the report shows, bad caregivers can have a profound effect on their health and their quality of life.

Continue reading "Newspaper Exposes Serious Negligence at Pennsylvania Veterans' Nursing Homes" »

As Pennsylvania nursing home abuse attorneys, we see many clients who discovered abuse and neglect of their loved ones after it led to severe health consequences. Unfortunately, this is probably the most common way families discover problems, because victims don't always have the ability to directly tell their loved ones something is wrong. And of course, corrupt nursing home staff take steps to hide abuse and neglect. But if your family suspects abuse or neglect, there are steps you can take to prevent serious physical and emotional harm to your loved one.

Experts say the best offense against nursing home abuse is to stay aware. Studies show patients receive better treatment when their families visit often, so if possible, make sure you visit regularly. To reduce the chance that nursing home staff will anticipate your visits, you should try to schedule the visits at different times of the day and week. During your visit, check the patient for physical and mental problems not related to any underlying health condition. Examples might include unexplained weight loss, signs of dehydration, confusion in a mentally competent person or medications a doctor didn't order. Also, examine the cleanliness of the facility itself and the way staff interacts with the patients. If patients seem dominated by staff, anxious or overly sedated, there may be a problem.

If you discover evidence of neglect or abuse at a nursing home, you can and should report the home to state health authorities. Families have also set up hidden cameras in homes to capture clear and convincing evidence of abuse. But even a swift investigation that shuts down a bad home for good can't help families deal with the physical and emotional damage abuse can cause. To penalize negligent nursing homes and recover the financial costs of dealing with the abuse, families should contact a Philadelphia nursing home neglect lawyer to discuss the possibility of a civil lawsuit.

Continue reading "Investigating Nursing Home Negligence in Philadelphia" »

As Philadelphia nursing home neglect lawyers, we were very interested in a new study published in the Jan. 11 issue of the Archives of Internal Medicine. Researchers from the University of Massachusetts at Worcester found that in 2007, a disproportionately large proportion of nursing home patients received a drug from a class of drugs known as atypical antipsychotics. These drugs are indicated for mental illnesses like schizophrenia, but have several side effects serious enough that their use is now heavily restricted by the FDA. In particular, a 2005 safety labeling change warned that atypical antipsychotics may raise the risk of death in older people with dementia.

No drug is currently approved for controlling difficult behavior in patients with dementia, but atypical antipsychotics are widely used off-label for this purpose. This is despite the 2005 safety warning and the increased risk of stroke, diabetes, hyperglycemia and other side effects. Nonetheless, the study found that about a third of all nursing home patients in 2007 received the drugs. And one third of those patients had no diagnosis of mental illness or dementia. The scientists also found that patients were more likely to receive atypical antipsychotics after entering a nursing home that already had high prescribing rates. This may indicate a problem with "organizational culture," the authors wrote, and more studies should examine whether the practice has negative health consequences.

This is disturbing news, because it suggests that some nursing homes may be using dangerous, powerful drugs unnecessarily. The risks of atypical antipsychotics are so serious that another recent study found a 19% drop in prescriptions after the 2005 safety warning. Nursing homes who put their patients at risk of death or disability for no good medical reason are committing a form of nursing home abuse.

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When our Philadelphia nursing home abuse lawyers discuss negligence at nursing homes, most people think of physical abuse -- the use of non-accidental force. This type of abuse certainly does happen at nursing homes, and it's a terrible betrayal of patients' trust. But according to the American Psychological Association, hitting and other physical attacks are far from the only type of abuse older people may face. The APA defines elder abuse as the infliction of physical, psychological or emotional harm on an older adult. This includes acts we don't exactly consider violent, such as tying an older person down improperly because he or she is being difficult. More rarely, this can include sexual abuse.

Another form of nursing home abuse that may go unnoticed is emotional abuse. Caring for an older person can be tough, and caregivers may find themselves frustrated by irrational behavior by their patients. However, this is never an excuse for yelling, insults or other degrading behavior. Caregivers have been known to call their patients names; isolate them socially for no good reason; treat competent adults like children; and even control their behavior with threats and intimidation. Because the patient is partly or entirely dependent on the caregiver, he or she may be afraid to say anything.

Nursing home abuse is terrible enough when considered as an assault on an older person and his or her basic dignity. But in many cases, abuse can trigger serious health problems, or worsen problems the victim already has. In this way, nursing home abuse in Pennsylvania can actually contribute to or cause the victim's death, along with physical and emotional suffering and sometimes steep medical costs.

Continue reading "Types of Nursing Home Abuse in Pennsylvania" »