NJ Elder Abuse – Nursing Homes Evicting Tough Cases

An article published in The Record on May 9, 2016 highlights that nursing homes don’t want to handle complex and difficult cases and try to evict the residents.  Families are at loss as to what to do.  Many times, these discharges can be challenged.  New Jersey law has specific requirements that must be met before a resident is discharged for this reason.

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

http://abcnews.go.com/Health/wireStory/nursing-homes-turn-eviction-drop-difficult-patients-38966799

Nursing Home Abuse: Nursing Homes Try To Avoid Litigation Through Arbitration Clauses

The New York Times in an article on February 21, 2016 highlighted the ever increasing problem with nursing home agreements burying arbitration clauses in residency agreements to bar cases from being litigated in the courts.  The article features a Massachusetts case wherein a 100 year old resident was found dead in a nursing home strangled and suffocated, with a plastic shopping bag over her head.  The killer was her 97 year old roommate, who had severe dementia.   The nursing home had knowledge that the killer had a history of problems.

The deceased’s son instituted a case against the nursing home.  The son had signed the admissions paperwork containing the arbitration clause on his mother’s behalf.  The son was also the health care proxy (to make decisions about her medical treatment) but did not have a power of attorney.  The son was forced to go to arbitration which found the sole cause of his mother’s death was the other resident and that the nursing home was not negligent.  The appeals court reversed and the case is finally scheduled for trial after 6 years.

The article found:  “Nursing homes in particular have embraced the [arbitration] clauses, which are often buried in complex contracts that are difficult to navigate, especially for elderly people with dwindling mental acuity or their relatives, who can be emotionally vulnerable when admitting a parent to a home.”

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

To read more:  http://www.nytimes.com/2016/02/22/business/dealbook/pivotal-nursing-home-suit-raises-a-simple-question-who-signed-the-contract.html?emc=eta1&_r=0

 

Nursing Home Abuse: Maggots Found In Feeding Tube Site

A nursing home resident in a Pennsylvania nursing home was found to have maggots crawling around and inside the insertion site of the feeding tube.  The hospital staff indicated that there was severe neglect of wound care and proper cleaning.

To read more: http://www.mcknights.com/news/report-maggots-found-in-nursing-home-residents-feeding-tube-site/article/473898/?DCMP=EMC-MCK_Daily&spMailingID=13728404&spUserID=NDg4NjkzNzMyMTIS1&spJobID=720909845&spReportId=NzIwOTA5ODQ1S0

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

 

NJ Nursing Homes: New Law Monitoring Alzheimer’s Group Homes

Last week, Governor Christie signed a new law establishing more stringent oversight of alzheimer’s group homes.  Prior to this law, group homes were regulated by the Department of Affairs and there was very little oversight.  With this new law, group homes are now regulated by the Department of Health which regulates and oversees nursing homes and assisted living facilities.

 

To read more:  http://www.northjersey.com/news/new-jersey-families-welcome-regulations-of-group-homes-for-dementia-patients-1.1456095

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

 

 

NJ Elder Abuse: Lawsuit for Restraining Alzheimer’s Patient With Bedsheet

A South Jersey nursing home is being sued for elder abuse for tying an Alzheimer’s patient to her wheelchair with a bed sheet.  Charge nurse who reported incident was fired allegedly for retailiation.

To read more:  http://www.nj.com/camden/index.ssf/2015/11/nj_nursing_home_faces_abuse_allegations_report_say.html

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

 

Nursing Home Abuse: Failure to Monitor Coumadin

The Washington Post published an article on July 12, 2015 addressing the dangers of the failure to monitor coumadin given to residents of nursing homes.  The Washington Post reports that at least 165 nursing home residents were hospitalized or died after errors involving coumadin and studies suggest that there are thousands more injuries every year that are  not investigated.

The article gives examples of the harm caused to residents:  bruises covering the body and blood oozing from the gums;  internal bleeding; blood clots.  About 1 in 6 of the nation’s nursing home residents take blood thinners, the majority of which take coumadin.  Coumadin requires regular blood tests and must be monitored for interactions with food and medications.

To read more:  http://www.washingtonpost.com/national/health-science/popular-blood-thinner-causing-deaths-injuries-in-nursing-homes/2015/07/12/be34f580-1469-11e5-89f3-61410da94eb1_story.htm

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

 

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Nursing Home Abuse: Complaints

A chain of nursing homes in Massachusetts was recently purchased by a new corporation, Synergy.  The complaints are continuing:  flimsy adult diapers, lax infection control, pressure sores, dirty dishes,  and not enough nurses.

The article states that federal scrutiny of nursing homes is light and cites to Charlene Harrington, a professor emeritus of sociology and nursing at the University of California San Francisco – “The fact is we don’t have a transparent system and accountability is ridiculous,” Harrington said.  “We are paying billions of dollars out with very little accountability.”

To read more:  http://www.bostonglobe.com/metro/massachusetts/2015/05/04/out-state-chain-buys-massachusetts-nursing-homes-and-trail-complaints-follows/s6qSqABvSkHsc3bPhxIizO/story.html

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

 

NJ Elder Abuse: Bill for Peggy’s Law Is Pending

Elder law abuse exists in assisted living and long term care facilities.  There is a bill pending before the Legislature (no date for hearing set) that would amend the statute requiring the reporting to the ombudsman.  The proposed bill, called “Peggy’s Law”, adds to the statute that the facility, when suspecting or believing abuse or exploitation, is to report the information immediately to local law enforcement agency as well as the ombudsman.

To read more:  http://patch.com/new-jersey/brick/five-years-after-brick-womans-death-elder-abuse-bill-languishes-0

If you are looking for an elder law abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

 

Nursing Home Neglect: Nursing Homes May Not Provide Quality Short Term Rehabilitation Care

The New York Times published an article on April 14, 2015 “In Race for Medicare Dollars, Nursing Home Care May Lag”.  The article discusses the recent trend that nursing homes are now offering short term rehabilitation.  The reason is Medicare pays short term rehabilitation up to 100 days which is at a rate 0f 86% more than Medicaid.

The article states that many nursing homes are remodeling lobbies and offering amenities to short term rehabilitation patients.  (“the chandelier effect”).  The article finds that “many nursing homes are struggling to provide consistent, quality care despite genuine efforts.” Dr. Steven Handler, a geriatrician and assistant professor at the University of Pittsburgh School of Medicine states:  “The nursing homes are kind of stuck in an older model that is based on a very small operating margin, low-staffing model and low physician presence.”

 

To read more:  http://www.nytimes.com/2015/04/15/business/as-nursing-homes-chase-lucrative-patients-quality-of-care-is-said-to-lag.html?ref=business

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.

 

 

 

Nursing Home Abuse: Choking

A Connecticut nursing home was fined after a resident, who was supposed to receive a pureed diet, was given a tray of chopped and not pureed food.  The nurse’s aide had mistakenly given the wrong tray to the resident.  The resident choked on a carrot and died.

To read more:  http://touch.ctnow.com/#section/-1/article/p2p-83286774/

If you are looking for a nursing home abuse attorney, Russo & Kieck is a full service law firm in Hackensack, New Jersey.  We represent clients throughout Northern New Jersey in Bergen, Essex, Hudson, Morris, Passaic and Union Counties.