It has been an ongoing debate in the professional care community – nursing homes cutting back on staff members and supplies in order to reduce their expenses. Why are they cutting back on expenses you may wonder? In order for these nursing homes to become more profitable. However, an Albany man is filing a lawsuit against a Hickory Creek Nursing Center that alleges seriously faulty care of its residents because of the chronic shortages of staff and supplies.

More information about this lawsuit

The lawsuit is filed on behalf of John Primmer, 66 years old. The defendants in this case are Healthcare Industries Corporation and related companies, the nursing home administrator Dave Miller, Hickory Creek of Athens, Inc., Hickory Creek Nursing Center, and several other parties that are related to the nursing home. The suit alleges that these parties were all aware of the ‘systemic staffing problems’ that affected the patient’s quality of care and caused harm.

Articles: Minnesota

Strickland v. Vencor, Inc. (2000 WL 622292 (Minn.App.))

CASE:

While most people are spending their days bundled up to avoid the cold, some senior citizens may be walking outside in below-freezing temperatures because of confusion. In fact, over a three-day stretch, the cold has been blamed for several area deaths.

According to Dr. Walter Hofman – the Montgomery County Coroner – an 84-year-old woman from Collegeville wandered from her nursing home and was found dead the next day. Unfortunately, there was no immediate information on how the woman left the facility undetected or what facility the woman came from.

The problem that wandering poses

It would seem to make perfect sense, if someone abuses an elderly patient that is placed in his or her care, it is prudent to bring a lawsuit against this person and/or her employer. Despite the fact that nursing home abuse is on the rise and the fact that an increasing number of people are speaking out against it, it might be difficult to pursue an elder abuse lawsuit in the event that the patient passes away depending on the state you would file in.

The case that is forcing change

The physical and sexual assaults of 15 residents in an Albert Lea nursing home back in 2008 are one of the best examples of such a case – and serves as a prompt for a change in state law. According to the criminal complaint, the defendants’ taunted residents, groped their breasts and genitals, poked them, and even spat in residents’ mouths. Charges were brought against two employees for failing to report suspected maltreatment, disorderly conduct, abuse of a vulnerable adult with sexual contact, and abuse of a vulnerable adult by a caregiver (all gross misdemeanors).

Despite the growing consensus amongst medical professionals that powerful antipsychotic drugs are not only inappropriate but also often dangerous, more than one out of every five nursing home residents still receives them. The reason is not need-based either. Many of the patients who receive these medications suffer from dementia and receive these drugs to help them ‘calm down’.

This ‘overusing’ continues despite the fact that these medications are only approved for other serious mental illnesses such as schizophrenia. While many nursing home and consumer organizations are pushing for change, the overmedication of nursing home patients continues.

An effort to reduce use

A Mission Viejo company called Ensign Group Inc. – responsible for operating different nursing homes in several different states – recently agreed to pay $48 million in order to settle allegations that the company billed Medicare for therapy sessions that either never took place or were unnecessary.

This came after whistle-blower lawsuits involving two former Ensign Group therapists accused the company. While these lawsuits date back to 2006, according to the prosecutor, the Medicare fraud occurred between 1999 and 2011.

The company refuses to admit fault

Responsibilities of a Nursing home owner

By the look of it, a nursing home is a special institution created to help the elderly. With its primary responsibility being caring for senior citizens who are going through illnesses or have simply become disabled to care for themselves, a nursing home is always looked upon with a lot of respect. For the patients who reside therein, the facility soon turns into home- provided they are cared for and looked after in the best possible manner and their interests are prioritized over and above other motives.

Therefore, the philosophy behind a nursing home’s existence, its quality of care and the way it values senior citizens stems from the philosophy of the owner. However, if the owner himself is dishonest to the purpose behind running a nursing home, the entire foundation becomes shaky.

The increasing popularity- backed by need- of nursing homes has been tarnished by the rising rate of abuse reported in one out of every three nursing homes in the United States. While these homes have proved to be a relief for working individuals who fail to give full time, attention and care to their mothers, fathers and other elder relatives, registering at one is becoming questionable nowadays.

As disturbing a thought as it may be, Elderly Abuse is fast becoming a known phenomenon. Gone are the days when senior citizens felt at home in nursing facilities. In fact, these days the mention of a nursing home can put our loved ones in serious depression. Despite the fact that taking care of elders requires a lot of patience and time, it should be done with the utmost care because they are the most vulnerable faction of our society. The care and concern they showed all their lives for us necessitates that the same be reciprocated to them. Sadly, this is far from the truth in quality nursing care centers today. Is your elder being abused? Nursing care abuse happens in a number of forms and leaves deep scars on people. Just as Minnie Graham passed away because of low will power stemming from abuse, elderly abuse can be fatal for people who demand the most affection and care. The cases for Minnie Graham and Mynez Carter highlight the main forms of abuse namely, physical, emotional, sexual and the neglect that elders are subjected to at the hands of merciless caregivers. Within these, certain actions that have the most effect include:

• Harsh words being used- the kind that is not only considered disrespectful but downright mean.

Being a caregiver for the elderly can be a difficult and often stressful job, albeit very important and necessary. It can be hard for an individual to put aside their own problems and issues and focus on the care of their charge. Regardless of the situation, it is never acceptable for a caregiver to take their frustrations out on the person they are caring for. Unfortunately, there is a very real correlation between caregivers who are under stress and the occurrence of elder abuse.

Prevalence Of Elder Abuse

It is estimated that there are at least 4 million older adults that are abused or neglected each year. However, this number is difficult to determine due to the fact that most abuse is not reported. It is thought that for every reported abuse case of the elderly, over 20 more go unreported. The abuse can happen at home with family members, by in-home caregivers and within nursing home facilities. Abuse is often not reported by the victims because they are afraid, embarrassed or even are trying to protect their abuser when it is a loved one or family member.

When a loved one transfers to a nursing home, you expect them to be taken care of as well as you wish you were able to do yourself. However, Margaret Smith found out that this is not always the case. Her 88-year old mother Janet transferred to Belmont Lodge Health Care Center in 2011 in order to facilitate recovery after breaking both her ankles. She would never leave the facility again.

The fatal negligence

Because Janet Smith had suffered two broken ankles, she received a catheter. However, it was later discovered that the employees at the nursing home did not monitor the catheter properly. It was not long before Janet Smith had developed a substantial urinary tract infection. Because the infection was never addressed properly, it ended up in her bloodstream and became fatal. The nursing home records showed that at one time, Janet Smith had gone almost 22 hours without a recorded check-in.