A new report by the consumer advocacy group Public Citizen, The 0.6 Percent Bogeyman highlights how efforts to further “reform” the tort system should really be spent on improving the quality of care to reduce the number of preventable medical mistakes.

While the payments and frequency of medical malpractice lawsuits have plummeted, Public Citizen points out that there has been no actual measurable increase in medical safety. The report demonstrates that the financial impact of medical malpractice has been overinflated in an effort to further limit individual’s access to the courts.

In the introduction to their report, Public Citizen states:

The number of malpractice payments in 2008 was the lowest since the creation of the federal government’s National Practitioner Data Bank, which has tracked medical malpractice payments since 1998. This was not an aberration. Last year was the third consecutive year in which the number of medical malpractice payments sunk to an all-time low. The cumulative value of malpractice payments (as distinct from the number of payments) in 2008 was either the lowest or second-lowest on record, depending on how one adjusts for inflation.

Medical malpractice litigation’s share of overall health care costs, which always has been minuscule, has fallen to less than 0.6 percent even under the most liberal definition. This figure encompasses insurance companies’ overhead and profits, as well as their litigation costs and the sum of actual payments made to victims. Actual medical malpractice payments have fallen to less than 0.2 percent of all health costs – the lowest level on record.

State and federal policy makers should not take comfort in the declines in medical malpractice litigation. Rather than pointing to safer medical care, the reduction in payments almost certainly means that there are ever more malpractice victims not receiving compensation – and fewer incentives for doctors and nurses to reduce errors.

The guidance was released June 12 by the Department of Health and Human Services’ Centers for Medicare and Medicaid Services. It includes a list of things that nursing homes can do to restore dignity and mental well-being to nursing home residents. A large number of the suggestions are geared, for the most part, toward nursing home residents like respected human beings.

The suggestions have a strong emphasis on dignity and independence, without compromising care and safety, with recommendations like:

• Allow residents to dress in their own clothes, as opposed to hospital gowns
• Use napkins instead of bibs, unless requested by the resident
• Avoid standing over residents while they eat
• Grooming residents how they wish to be groomed
• Giving residents the right to choose health care and activities schedules
• Allowing residents the right to choose who they room with.
• Avoid staff conversing in the presence of residents as if the resident is not there.

According to the Medicare guidance:

A personalized, homelike environment recognizes the individuality and autonomy of the resident, provides an opportunity of self-expression, and encourages links with the past and family members. The intent of the word “homelike” in this regulation is that the nursing home should provide an environment as close to that of the environment of a private home as possible. This concept of creating a home setting includes the elimination of institutional odors, and practices to the extent possible.

If staff are required to treat a facility like a home where residents live, then not only could it lead to an increase in personal dignity for those residents, but it could also lead to an increased view of them as dignified and independent people by staff. This could certainly result in a reduction in cases of abuse and neglect.

NURSING HOME RIGHTS LAWYER

The attorneys at Saiontz & Kirk, P.A. investigate potential cases for nursing home abuse and neglect throughout the United States. In many cases where serious injuries are caused by poor care, there is a culture among the nursing home employees where residents are not afforded the respect and dignity that they have earned over their lifetime.

If your friend or family member has suffered a nursing home injury caused by inadequate care, request a free consultation and claim evaluation.

>INFORMATION: Nursing Home Elder Abuse

Unfortunately, elderly abuse is a common problem in the United States, with thousands of cases each year, and likely many more that go unreported. Victims are often ashamed to discuss the abuses inflicted upon them, which can include physical assault, sexual abuse, deprivation of food, neglect, confinement and mental and verbal abuse.

Cases investigated by our nursing home abuse lawyers have often uncovered horrific examples of assault, neglect and other abuses that can not only cause serious and life-threatening injuries, but also deprive elderly of the dignity and self-respect they have earned over their life-time,

According to the World Health Organization, 36% of nursing home employees have reported witnessing at least one incident of physical abuse of an elderly resident, 10% admitted having inflicted at least one act of physical abuse on the elderly themselves, and 40% said they had psychologically abused patients.

A 2007 study published in the Journal of American Geriatrics Society found that while only 6% of elderly subjects studied admitted to suffering abuse, detailed interviews and exams discovered that 21% of them likely had been abused.

Even minor instances of abuse can have devastating effects on residents, who may be physically frail, already suffering from medical conditions, or dealing with mental health issues.

Family and friends should always be alert for signs of nursing home elder abuse and neglect, which could include:

• Suspicious bruises or cuts
• Burns
• Unexplained hair loss
• Angry or indifferent attitudes by caregivers
• Sudden changes in attitude by residents toward caregivers
• Poor hygiene
• Dehydration
• Malnutrition

Numerous organizations that advocate for the elderly will participate in June 15 activities to promote awareness of elderly abuse and of programs aimed at eliminating such abuses, and to increase public and political support for those programs. This is the fourth year June 15 has been set aside for such activities. INPEA has posted a community “toolkit” on their website to help other activists worldwide coordinate efforts and effectively spread awareness.

NURSING HOME ELDER ABUSE LAWYERS

If you suspect that a friend, family member or loved one has been the victim of elder abuse or neglect, contact authorities immediately. To review whether potential compensation may be available through a nursing home lawsuit, contact our attorneys to request a free consultation and claim evaluation.

>>INFORMATION: Nursing Home Negligence

The nursing home negligence lawyers at Saiontz & Kirk, P.A. investigate potential lawsuits for injuries caused by neglect and abuse at facilities throughout the United States, and most injuries can be tied to a nursing home’s desire to place profits above patient safety.

Especially for large nursing home chains, removing the threat that they will be subject to large damages awards will result in lower staffing levels, less supervision, poorer care and more injuries like nursing home bedsores, dehydration, malnutrition and wrongful death.

Advocates for tort reform have made in-roads in many states to limit injury victims’ ability to pursue full compensation for injuries caused by the negligence of another. Nursing home lawsuits not only help provide compensation for those injured by neglect or abuse, but also act as an important safe guard in our society to ensure that proper standards are followed in the nursing home industry and that the cost of compromising patient safety can not viewed as a line-item on a balance sheet.

Tennessee house Bill 2243, dubbed the “Kill Old People Cheap Act”, reached a deadlock vote of 3-3 before the House Civil Practice and Procedure Subcommittee Tuesday. While it is technically still alive this legislative session, the sponsors of the bill have acknowledged that it is likely dead for this year. However, friends and family members of Tennessee nursing home residents can certainly expect the issue to be raised again in the future. They should let their position on this legislation be heard by their local elected officials to drown out the disproportionately loud voice given to the nursing home industry and insurance lobbyists.

NURSING HOME NEGLIGENCE ATTORNEYS

If you suspect that an injury suffered by a friend or family member was caused by nursing home negligence, contact our attorneys to request a free consultation and claim evaluation.

For months, consumer groups, families of nursing home residents and injury lawyers have been starting to feel the effects of this new rule, which has gone largely unnoticed by the general public and the media.

Last week, Bloomberg News became one of the first in the mainstream media outlets to highlight the impact of this last-minute Bush rule. The article states in part:

The restrictions affect about 16,000 nursing facilities and 3 million residents in the United States. The practical effect is to force litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending.

“This change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors,” said Eric M. Carlson, an attorney with the National Senior Citizens Law Center in Los Angeles. “Government inspectors have the right to go into nursing homes and investigate, and they learn things that residents and families otherwise could never find out.”

NURSING HOME NEGLIGENCE ATTORNEYS

With continued efforts to raise awareness about the impact of this administrative rule, hopefully it will be reversed.

The attorneys at Saiontz & Kirk, P.A. investigate potential cases throughout the United States for severe and life-threatening injuries caused by nursing home negligence, abuse and neglect. If you, a friend or family member have experienced nursing home problems, request a free consultation and claim evaluation.

Pressure ulcers, which are also commonly referred to as decubitus ulcers, pressure sores or bed sores, are a serious and greatly overlooked problem in many nursing homes. They occur when prolonged pressure is allowed to be placed on one part of the body, decreasing blood circulation in the skin.

When a resident is unable to reposition themselves, they rely on the nursing home staff to make sure that they are not left in a position to develop these painful and debilitating open wounds. Pressure ulcers do not develop instantaneously, but start with red or irritated skin and can progress to deep open wounds, which could become infected and ultimately may lead to death.

>>INFORMATION: Identify Pressure Ulcers in Nursing Homes

According to a CDC report published last week titled “Pressure Ulcers Among Nursing Home Residents: United States, 2004,” national survey data from 2004 found that about 159,000 residents (11.%) developed nursing home pressure ulcers. The most commonly encountered were Stage II bedsores, which are characterized as blisters or shallow craters where the outer layer of skin dies.

Other interesting data from the surveys indicated:

• Younger residents who are under 65 years old were found to be more likely than older residents to develop nursing home pressure sores
• Residents who were at the nursing home for a year or less were more likely to develop bedsores than those with longer stays
• One in five (20%) of residents with recent weight loss developed pressures ulcers
• Approximately 35% of residents who developed a more severe pressure ulcer categorized as Stage 2 or higher, received special wound care services

Previous research has established that the risk of nursing home pressure ulcers can be greatly reduced with better education of nursing home staff about prevention and with simple preventative measures to identify those at a high risk for bedsores, such as those with mobility problems, poor nutrition or incontinence.

>>PRIOR POST (2/22/2008): Prevent Nursing Home Bedsores

NURSING HOME PRESSURE ULCER LAWYERS

The nursing home neglect lawyers at Saiontz & Kirk, P.A. investigate potential pressure ulcer lawsuits throughout the United States to determine if the painful and debilitating sores could have been prevented with the exercise of reasonable standards of care.

In many cases, nursing home’s may be responsible for the development of ulcers for failing to check the residents regularly, failing to obtain immediate treatment when signs of a sore develop, leaving the resident in the same position for long periods of time, not giving proper fluids or nutrition or letting moisture develop next to the skin by not replacing wet bed sheets or soiled adult diapers.

To review a potential case with one of our nursing home pressure sore attorneys, request a free consultation and claim evaluation.

>>INFORMATION: Nursing Home Restraint Lawsuits

Physical nursing home restraints were once widely used in healthcare facilities and nursing homes under the theory that they prevented falls and reduced the risk of serious injury. However, in a number of facilities, restraints have been grossly overused as a convenience to the staff or to discipline an aggravated resident who may be suffering from dementia.

Devices which inhibit movement or access to the resident’s body is a restraint. These could include bed straps, wheelchair belts, or anything that confines the resident.

Federal nursing home regulations only permit the use of restraints when there is a documented medical reason, and restraining someone to punish them or to cover up for a facilities lack of adequate staffing is not allowed.

Use of nursing home restraints can cause severe mental desperation and anguish, with diminished quality of life and socialization.

Excessive use can also cause physical nursing home injuries like dehydration, bedsores, depression, weakening of muscles and possible strangulation. They can also result in internal bleeding, fractures, head injury or other potentially life-threatening injury.

The USA Today report demonstrates that there has been a steady decline in recent years, with nursing homes immobilizing 8.5% of their residents on average in 2003, 7.7% in 2004, 7% in 2005, 6.4% in 2006 and 5.5% in 2007.

NURSING HOME RESTRAINT ATTONREYS

The nursing home attorneys at Saiontz & Kirk, P.A. investigate potential nursing home restraint injuries throughout the United States on behalf of individuals who have died or suffered serious physical injury. To review a potential case for a friend or family member, request a free consultation and claim evaluation.

>>LINK: USA Today Nursing Home Rating Search Tool

The new rating system for nursing homes is based on thousands of complaint investigations and inspection records from the Centers for Medicare and Medicaid Services (CMS). The quality measures include evaluations of information such as how many patients developed bedsores, how many nursing staff hours were provided each day to patients and how many were placed in nursing home restraints.

Under the rating system, nursing homes have to provide at least four hours a day per patient of care by a registered nurse and other nursing staff to achieve a five-star rating for staffing. A home can also have higher scores in individual categories, but a low score on their overall ranking if the quality of care provided is poor.

This trend toward public disclosure of CMS inspection results started last year, when a list of the 54 worst nursing homes was released in November 2007. This was one of the first times that the names of underperforming nursing homes were publicly released, under a system designed to put pressure on the facilities to shape up.

The 54 worst nursing homes on that list were selected from over 125 “special focus facilities” which were subject to more frequent scrutiny and inspections due to their history of poor care.

At the time that list was first released, CMS resisted attempts from elected officials and nursing home advocates calling for them to release the full list of nursing homes involved. However, in February 2008 they ultimately agreed to release the names of all underperforming nursing homes with consistent problems.

The new nursing home rating system is meant to provide additional information to help families choose between nursing homes based on the overall quality of care provided. Another unstated objective is likely to apply pressure to nursing homes that provide poor care, so that owners will take steps to improve the quality and performance to achieve increased rankings.

NURSING HOME ATTORNEYS

The nursing home attorneys at Saiontz & Kirk, P.A. represent families who are pursuing lawsuits for neglect and abuse that result in serious or fatal injuries.

Many nursing homes consistently cut corners and provide insufficient resources for staff to properly care for all of the residents admitted to the facility. This substantially increases the risk of a nursing home injury which could have a major impact on the resident’s quality of life.

Providing a public nursing home rating system, similar to how hotels, restaurants and hospitals are rated, will allow families to make an educated decision about what facility is best for their loved ones and will keep pressure on nursing home managers to maintain adequate quality of care.

If you, a friend or family member have suffered a nursing home injury which was caused by negligence of poor care, request a free consultation and nursing home lawsuit evaluation.

Bedsores, which are also known as pressure sores or decubitus ulcers, are caused by a lack of blood flow to an area of the skin when prolonged pressure is applied to one area of the body. They are typically seen among people who are unable to turn or reposition themselves, and often develop on the tailbone, heels, elbows and shoulder blades, where skin is thinner.

According to the New York Times, a new report from the federal Agency for Healthcare Research and Quality found that the number of hospital bedsores in the United States increased from 281,300 in 1993 to 503,300 in 2006. This 78.9% increase eclipses the 15% increase in overall hospital admissions found between 1993 and 2006.

Most of the hospital pressure ulcers were found among inpatients who were 65 years old or older. Elderly patients are most vulnerable to bedsores, especially if they are not well-nourished or their immune systems are compromised.

The report does not draw any conclusions about what is causing the increase in hospital pressure sores, but indicates that through cooperation between nurses, dietary aids, physical therapists and physicians, these bed sores are preventable.

Bedsores often start as an area of red or irritated skin, and if they go undetected and untreated, they can progress to a painful, open wound that may become infected.

Earlier this year we wrote about research which suggested that multidisciplinary team efforts can be successful in reducing severe bedsores by 69%. The study, which focused on nursing home bedsores, found that the key to success was identifying patients at a higher risk for bedsores, such as those suffering from mobility problems, poor nutrition or incontinence. Consistent measures were then taken to prevent sores, such as moving and repositioning the patients more frequently, using padding or cushions to reduce pressure on any one part of the body and using moisture barrier creams.

HOSPITAL BED SORE LAWYERS

If the proper standards of medical care in the industry are followed, nursing home and hospital bedsores can and should be prevented. When patients are not properly monitored and turned, what can start as an area of red or irritated skin can develop into large and potentially life-threatening open wounds.

The bedsore lawyers at Saiontz & Kirk, P.A. investigate potential lawsuits throughout the United States in cases where the open wounds have led to an infection, severe change in the patients quality of life or death. To review a potential case for a family member or loved one, request a free consultation and claim evaluation.

Two of the teens were charged as adults (Brianna Broitzman and Ashton Larson) and the other four were charged as juveniles for abuse of nursing home residents at the Good Samaritan Society of Alberta Lea. They were employed as part-time nursing assistants, and clearly they were not being adequately supervised.

The charges were filed following an investigation by local police which discovered that the teenagers, who all went to the same high school, were sexually and emotionally abusing the residents for at least four months between January 2008 and April 2008.

According to the Albert Lea Tribune:

Court papers state that during interviews Broitzman admitted that she and Larson had poked a resident in the breast. She also stated that numerous videos and photos had been taken of residents between January and April, according to the court papers.

During interviews, Larson admitted to actions such as spitting water on a resident, lying in bed with a resident, touching a resident on the buttocks, inserting her finger into a resident’s rectum, antagonizing a resident, humping a resident and putting her hand over a resident’s mouth because that resident would scream, court papers state.

Others interviewed said they began talking among themselves about what was taking place in the nursing home after Jan. 1, according to the papers. They stated Broitzman and Larson spanked a resident, teased a resident and poked residents in the genitals.

One stated Broitzman put her bare rear end in one resident’s face and that Larson would rub vigorously on residents’ genital areas to sexually arouse them.

The local reports do not give any indication about what, if any, actions have been taken against the nursing home for the abuse or against the nursing home administrators. From the accounts, it appears that the nursing home’s negligence is just as much to blame for allowing this to happen as the teens who committed these disgusting acts.

NURSING HOME ABUSE LAWYERS

The lawyers at Saiontz & Kirk, P.A. represent families throughout the United States who are pursuing lawsuits for neglect or abuse in nursing homes. To review a potential case with one of our nursing home attorneys, request a free consultation and claim evaluation.

According to the Lexington Herald-Leader, when the family did not get any rational explanation for the bruises on their loved one, they placed a camera in the room. The video caught nursing home staff physically assaulting, abusing and taunting the 84 year old woman. It also showed that they were neglecting her basic needs, by failing to feed or clean her.

The Kentucky Attorney General’s office has initiated a criminal investigation as a result of the family’s hidden nursing home video, discovering at least 17 other residents who had “injuries of unknown origin” which the nursing home failed to adequately investigate.

The elder abuse occurred at Madison Manor Nursing Home in Kentucky, which is an Extendicare nursing home.

It is often difficult for family members to discover elder abuse in nursing homes, since the loved one may not tell their family members out of fear of punishment by the staff or because they feel shame.

Family members can take steps to help reduce the risk of nursing home abuse by making careful observations during visits at unpredictable times. Suspicious bruises, broken bones and hair loss could be a few of the physical signs of elder abuse in a nursing home. Family members may also start to notice unusual changes in behavior, especially towards certain staff members.

NURSING HOME ABUSE LAWYERS

The nursing home elder abuse lawyers at Saiontz & Kirk, P.A. represent families throughout the United States who are investigating potential lawsuits on behalf of loved ones who have suffered severe injuries. Nursing home lawsuits not only help pursue compensation for injuries suffered, but also operate as an important safeguard in our society to help protect the rights of residents and make sure that proper standards are followed in the industry.

To speak with one of our attorneys and review a potential case for elder abuse in a nursing home, request a free consultation and claim evaluation.

>>INFORMATION: Nursing Home Wandering and Elopement

The first incident occurred in West Virginia when a 73 year old man with dementia was not adequately supervised and wandered from a nursing home on October 25, 2008. According to the Charleston Gazette, he was later discovered by police dead, after being struck by a train nearby.

The family has already filed a nursing home wrongful death lawsuit against the facility for failing to provide the appropriate degree of care to monitor the man before he left the facility. The lawsuit also alleges that staff failed to follow established protocols for missing residents after they discovered he was gone.

The second incident involved a 72 year old male who went missing from an Illinois nursing home on October 22, 2008. The Southtown Star reports that he was found dead about two weeks later, less than 20 feet from the nursing home.

Federal regulations require that every resident of a nursing home be assessed upon entering the facility and again at regular intervals to ensure that the individual’s medical condition is adequately updated. The facility must then use this assessment as a guideline to decide how much supervision and care the resident requires.

In many cases, nursing home residents suffer from dementia or other illnesses which may hinder their ability to protect themselves from harm. If a residents is prone to wandering, the nursing home should have devices in place to prevent this, such as door alarms. The nursing home staff should also be properly trained so that they can appropriately respond when a resident wanders off or attempts to leave the premises.

NURSING HOME LAWYERS

The nursing home neglect lawyers at Saiontz & Kirk, P.A. investigate cases for injuries caused by negligent care at facilities throughout the United States. Families place their trust in nursing homes to provide the appropriate degree of care and supervision for their loved one. When a nursing home’s negligence results in an injury or premature death for a resident, financial compensation may be available.

To review a potential nursing home case with one of our attorneys, request a free consultation and claim evaluation.

The nursing home lawsuits, which were filed in August in Washington and this week in Minnesota, seek class action status on behalf of all residents who lived at facilities owned and operated by Extendicare during the years before the complaints were filed.

The lawsuits allege that false and misleading advertisements concealed facts intended to induce sick and elderly people to enter their facility under the false pretenses that Extendicare would provide care consistent with their representations.

In reality, Extendicare nursing homes throughout the United States are regularly cited for serious violations of nursing home regulations and inferior care places residents at a substantial risk for a serious nursing home injury, like bedsores, falls, misdiagnosis, prescription errors, dehydration and malnutrition.

There are 191 Extendicare nursing homes and senior care facilities throughout the United States with approximately 19,200 beds, and the nursing home operator is regularly facing nursing home lawsuits filed by residents who died or suffered serious injuries as a result of neglect or poor care.

The Extendicare nursing home lawsuits filed in Minnesota and Washington indicate that their admission policy causes many of these problems, as they regularly admit anyone who shows up with one the serious medical condition they list on an internal “Green Flag” list that qualify for “Automatic Admissions/Always Yes Immediately.” The policy does not take into account whether the nursing home is able to meet the new residents needs or how it will impact other residents who are already residing at the facility.

EXTENDICARE NURSING HOME LAWYERS

The lawyers at Saiontz & Kirk, P.A. investigate individual Extendicare nursing home lawsuits throughout the United States for serious injuries caused by neglect, abuse or poor care. If you, a friend or family member have suffered an injury, request a free consultation and claim evaluation.

All nursing homes that receive reimbursement from Medicare or Medicaid are required to be inspected by government officials at least once a year. There are currently about 16,000 nursing homes in the United States, and about 27% are non-profit.

While citations in nursing home investigations can be issued for a variety of reasons, many are designed to act as warning signs of nursing home problems, which could increase the risk of abuse, neglect, bedsores, dehydration, malnutrition and other nursing home injuries.

A report released this week by the Inspector General of the Department of Health and Human Service indicates that the deficiency rates at nursing homes throughout the United States have not changed much in the past three years, with for-profit nursing homes consistently receiving more citations.

Earlier reports have also substantiated that residents often receive superior care and quality of life at non-profit facilities, which are not owned by companies who have a motivation to increase profits and could put their business interests before the interests of residents. 

According to a 2006 study by Consumer reports, non-profit nursing homes were found to provide better care than those operated for a profit. The report found that only 2% of for-profit facilities provided what they considered “good” nursing home care.

NURSING HOME LAWYERS

The nursing home lawyers at Saiontz & Kirk, P.A. investigate potential cases for neglect and abuse throughout the United States. When homes are found to have a high rate of deficiencies, they are also often found to have faced more nursing home lawsuits from residents who were injured or killed by negligent nursing care.

If you, a friend or family member have been injured as a result of nursing home negligence, request a free consultation and case evaluation.