• Cleveland Nursing Home Injury Lawyer: The Tragic Case of the Comatose Arizona Patient Who Gave Birth

    Posted on April 15th, 2019 admin No comments

     

    It’s a story that shocked the country, but it demonstrates how sexual assault is all too commonplace. Our nursing home injury lawyers in Cleveland deal with these kind of issues on a regular basis.

     

    A woman in a vegetative state gave birth. Nursing home staff didn’t even realize she was pregnant. They found the baby suddenly born from a woman who’d been comatose since she was a toddler, fighting for its life.

     

    Last January, police arrested the woman’s suspected rapist Nathan Sutherland, 36, who had worked as a nurse at the facility — Hacienda HealthCare.

    DNA Match

     

    Police reportedly collected a DNA sample from Sutherland which matched that of the child, a boy who was born on December 29th.

     

    “Through a combination of good old-fashioned police work, combing through evidence, talking to people and following up on information, combined with the marvels of DNA technology, we were able to identify and develop probable cause to arrest a suspect,” Jeri L. Williams, the Police Department’s chief, said at a news conference.

     

    Sutherland was a focus of the investigation because he was among the medical staff members at the nursing home assigned to care for the woman around the time authorities believe she was raped.

    The Nursing Home Responds

     

    The center issued a statement apologizing for the rape.

     

    “Every member of the Hacienda organization is troubled beyond words to think that a licensed practical nurse could be capable of seriously harming a patient,” company officials said in a statement. “Once again, we offer an apology and send our deepest sympathies to the client and her family, to the community and to our agency partners at every level.”

  • Cleveland Nursing Home Injury Attorney: 3 Lessons Learned from the Vegetative Patient Who Gave Birth

    Posted on March 11th, 2019 admin No comments

    What can we learn from the tragic case of the nursing home resident in a vegetative state who gave birth? Our Cleveland nursing home injury attorney had a few thoughts.

    A Clean Record Does Not Guarantee Safety

    The 36-year-old suspect, Nathan Sutherland, who police say has DNA that matches the baby, had a clean background check, a spotless record, and a clear license to practice. And yet he is alleged to have raped the patient who he was charged to care for. It’s heinous and tragic, but a clean and spotless record for staff does not necessarily mean a patient is safe from assault.

    Health Checks are a Must

    Hospital staff did not even realize the patient was pregnant until she gave birth. How could this happen? The facility did not keep up with necessary healthcare checks. Even when a patient is in a comatose state, regular healthcare and checkups are important.

    Rape is Rape

    A woman in a vegetative state cannot consent. Yes, she was sexually assaulted, but more specifically she was raped. Tragically, sexual assault is all too prevalent in nursing facilities, often committed by the very people responsible for the care of our loved ones.

    Do you suspect mistreatment of your loved one? Call Linton Law Firm today and schedule a free consultation with one of our nursing home injury attorneys in Cleveland.

  • Cleveland Nursing Home Injury Lawyers and the Sad Effects of Boomerang Elderly Care

    Posted on January 28th, 2019 admin No comments

    “Oh my God, we dropped her!” That’s something you never want to hear from your nursing home aide. That’s the kind of situation that leads to lawsuits being filed by a nursing home injury lawyer in Cleveland.

     

    When aides dropped Sandra Snipes, she happened to land on her right side where her hip had recently been replaced. Snipes had suffered from a myriad of medical problems that had her going back and forth between nursing home and hospital, a trend that has become not uncommon.

    A Sad Story with Even Sadder Statistics

     

    “One in 5 Medicare patients sent from the hospital to a nursing home boomerangs back within 30 days, often for potentially preventable conditions such as dehydration, infections and medication errors, federal records show,” NPR reports. “Such rehospitalizations occur 27 percent more frequently than for the Medicare population at large.”

     

    Unfortunately, nursing homes have traditionally benefited from this trend since both hospitals and nursing homes received financial benefits from such transfers.

     

    “There’s this saying in nursing homes, and it’s really unfortunate: ‘When in doubt, ship them out,’” David Grabowski, a professor of health care policy at Harvard Medical School, told NPR. “It’s a short-run, cost-minimizing strategy, but it ends up costing the system and the individual a lot more.”

     

    It’s a sad phenomenon that leads to more cases being filed by nursing home injury lawyers in Cleveland. It’s a system in badly need of reform, leaving many patients in its wake.

  • When Even Spiderman Creator Needed a Nursing Home Injury Lawyer – Everyone Does

    Posted on December 24th, 2018 admin No comments

    Nursing home abuse can happen to the best of us. It can happen to you. It can happen to me. It can even happen to Spiderman . . . or at least the creator of Spiderman.

     

    A recent Los Angeles police probe into the elder abuse of Spiderman creator and Marvel founder, the late Stan Lee, highlights the need for Cleveland nursing home injury lawyers to prosecute cases of abuse and always hold the system accountable. Seniors must be protected.

    A Legal Trail of Abuse and Improper Advantage

    Court documents revealed the investigation via a restraining order granted against Keya Morgan, Lee’s business manager, and personal adviser during his last months.

     

    The restraining order accused Morgan of taking advantage of Lee’s impaired hearing, vision, and judgment, and moving him from his long-standing home and preventing family and associates from contacting him.

     

    “I have a very dear friend I take care of who is 95 and um, uh, three unidentified people have gone inside this house and locked the door and locked his security out and I’m very, very scared that they’re harming him,” Morgan said on a 911 emergency call, according to a transcript filed with the restraining order.

     

    The Guardian reports:

     

    “Morgan’s arrest is the latest and most dramatic move in the fight that has emerged over Lee’s business an estimated $50m (£37m) fortune since his wife of 69 years, Joan, died last year.

     

    “Police have been investigating reports of elder abuse against Lee since at least February, and had issued an emergency order keeping Morgan from Lee even before Wednesday’s order was issued.”

    The Real Heroes: Those Who Advocate for Victims

    The real heroes are the family and friends of the seniors who contact a nursing home injury lawyer in Cleveland to advocate for the rights of their loved ones. After all, we’re all in this together. Nursing home abuse affects every single one of us.

  • Ask a Cleveland Nursing Home Injury Lawyer: Greed is the #1 Incentive of Elder Abuse

    Posted on October 1st, 2018 admin No comments

    Ask any nursing home injury lawyer in Cleveland or anyplace else: the number one driver of elder abuse in care facilities in America simply seems to be greed.

    A recent story from the New York Times is a perfect example. The publication found that 75% of all nursing homes in the US, totaling over 11,000, outsource many of their goods and services to companies with which they control or have a driving financial interest, known in the industry as “related party transactions.”

    The paper explains that as a result, “Owners can arrange highly favorable contracts in which their nursing homes pay more than they might in a competitive market. Owners then siphon off higher profits, which are not recorded on the nursing home’s accounts.”

    A Tragic Case of Neglect

    Attorneys for the family of Martha Jane Pierce make the argument that her care facility, Allenbrooke Nursing and Rehabilitation Center, operated under such an arrangement and that has adversely affected her care. The center had a $2 million deficit on its books and a scarcity of nurses and aides. “Sometimes we’d be short of diapers, sheets, linens,” one nurse testified.

    The family described open rot on Ms. Pierce’s legs as “like a piece of charcoal. When the family moved her to a hospital for treatment, her leg had to be amputated.

    If you think your loved one has been the victim of nursing home abuse, please don’t delay and call your nursing home injury attorney in Cleveland. One aspect we can look into is how well the facility is funded and if residents are getting the supplies and care they need.

    Remember, you are advocating not only for the health and well being of your loved one, but their friends and neighbors, as well. After all, if families don’t take a stand, who else will?

  • Cleveland Nursing Home Injury Lawyer: Lack of Adequate Staffing Increases Risk Injury

    Posted on August 7th, 2018 admin No comments

    One surprising reason nursing home injuries are so shockingly common is not incompetence or ill intent. In fact, one of the biggest reasons negligence has become so prevalent comes down to inadequate staffing. It is a tragic trend that nursing home injury lawyers in Cleveland understand all too well.

     

    The numbers are shocking and concerning. Of the nursing assistants who responded to a survey done by The Plain Dealer, 83 percent said facilities, where they worked, were always or frequently too short-staffed to meet residents’ needs. Nearly half of the 81 percent claimed to have worked back-to-back shifts at least once a week because of short staffing.

    A Dangerous Job

    One reason for the short staffing is a lack of adequate pay and lack of qualified applicants, especially in a strong economy where jobs with better pay and benefits are plentiful. The shortage is dangerous not only to residents but to the staff as well, which places further stress on the caretakers, making the job even less desirable and positions harder to fill, creating a vicious self-perpetuating cycle.

     

    “I’ve never worked as a lumberjack, and I’ve never worked in the mines, but [working as a nurse’s assistant] is absolutely one of the most dangerous jobs out there,” said Genevieve Gipson, the executive director of the National Network of Career Nursing Assistants, told the Plain Dealer. “I have yet to find anyone who works with patients in the long-term care industry who doesn’t have some form of an injury.”

     

     

  • Cleveland Nursing Home Injury Attorney: Billions of Dollars in Elderly Financial Abuse

    Posted on June 11th, 2018 admin No comments

    Physical abuse is not the only abuse the elderly may suffer in their sunset rules. Financial abuse is another devastating form of abuse, whether by a family member, a care provider, or a facility, and it costs the aging community literally billions.

     

    A 2009 study by the MetLife Mature Market Institute estimated the financial loss from such abuse to be about $2.6 billion per year. But that’s just an educated guess, and a conservative one at that. The same study also found that only 1 in 6 cases of elderly financial abuse is ever reported.

     

    That’s less than 20%, which is tragic. If more family members of victims of financial abuse in Ohio not only reported the incidents, but contacted a nursing home injury attorney in Cleveland, we’d not only have a more honest picture of the problem, but greater advocacy to prevent such abuse happening in the future.

     

    “Right now, we truly don’t know how much exists,” says Professor Pamela Teaster, who chairs the department of gerontology at the University of Kentucky and is on the board of the National Committee for the Prevention of Elder Abuse, told NBCNews. “We believe it is an incredibly under-reported problem.”

    Lives Lost, Nest Eggs Stolen

     

    Abuse can happen from the staff at a care facility who may come into contact with expensive possessions such as jewelry or money, or from a family member. Often, the abuse can take place without other family members even knowing about it.

     

    If your loved one has been the victim of elderly financial abuse, contact the police, but also contact a Cleveland nursing home injury and abuse attorney.

     

  • Cleveland Nursing Home Injury Lawyer: Abuse Cases On the Rise

    Posted on April 2nd, 2018 admin No comments

    It’s a startling trend that certainly troubles our nursing home injury lawyer in Cleveland. Since 2011, staff to resident abuse in long-term care homes has risen 148 percent, according to a  year-long CBC Marketplace investigation.

     

    In 2016, there were 2,198 reported incidents of abuse pointing to an average of six seniors at long-term care homes in Ontario being abused every day.

     

    While the data was compiled from a six-year investigation in Ontario, similar trends can be found in the US, including Ohio.

     

    Nursing home abuse is surprisingly common.

     

    “We hear stories of people being illegally detained, of being left in bed for days, filthy conditions, cockroaches, assault,” Jane Meadus, a lawyer and institutional advocate with the Advocacy Centre for the Elderly, told CBC News.

     

    Why Evidence is So Important

     

    Often, when families inquire about the nature of injuries, they receive little information or help from care staff. Many in response have turned to covert cameras.

     

    “Every time we’d ask for an explanation from the facility, we would be told that there was no documentation, there’s no information to elaborate or to clarify or shed light on what occurred,” Daniel Nassrallah, a Canadian lawyer representing a client who suffered nursing home abuse.

     

    That is why our Cleveland birth injury lawyer always recommends documenting any cases of suspected abuse. Take photos, have the resident examined by a doctor, even collect camera footage if necessary. Your loved one’s safety, health, and rights deserve advocacy.

  • Cleveland Nursing Home Injury Attorney: Billions of Dollars in Elderly Financial Abuse

    Posted on February 26th, 2018 admin No comments

    Physical abuse is not the only abuse the elderly may suffer in their sunset rules. Financial abuse is another devastating form of abuse, whether by a family member, a care provider, or a facility, and it costs the aging community literally billions.

    A 2009 study by the MetLife Mature Market Institute estimated the financial loss from such abuse to be about $2.6 billion per year. But that’s just an educated guess, and a conservative one at that. The same study also found that only 1 in 6 cases of elderly financial abuse is ever reported.

    That’s less than 20%, which is tragic. If more family members of victims of financial abuse in Ohio not only reported the incidents, but contacted a nursing home injury attorney in Cleveland, we’d not only have a more honest picture of the problem, but greater advocacy to prevent such abuse from happening in the future.

    “Right now, we truly don’t know how much exists,” says Professor Pamela Teaster, who chairs the department of gerontology at the University of Kentucky and is on the board of the National Committee for the Prevention of Elder Abuse, told NBCNews. “We believe it is an incredibly under-reported problem.”

    Lives Lost, Nest Eggs Stolen

    Abuse can happen from the staff at a care facility who may come into contact with expensive possessions such as jewelry or money, or from a family member. Often, the abuse can take place without other family members even knowing about it.

    If your loved one has been the victim of elderly financial abuse, contact the police, but also contact a Cleveland nursing home injury and abuse attorney.

  • Cleveland Nursing Home Injury Lawyer: Abuse Cases On the Rise

    Posted on February 5th, 2018 admin No comments

    It’s a startling trend that certainly troubles our nursing home injury lawyer in Cleveland. Since 2011, staff to resident abuse in long term care homes has risen 148 percent, according to a  year-long CBC Marketplace investigation.

    In 2016, there were 2,198 reported incidents of abuse pointing to an average of six seniors at long-term care homes in Ontario being abused every day.

    While the data was compiled from a six year investigation in Ontario, similar trends can be found in the US, especially Ohio.

    Nursing home abuse is surprisingly common.

    “We hear stories of people being illegally detained, of being left in bed for days, filthy conditions, cockroaches, assault,” Jane Meadus, a lawyer and institutional advocate with the Advocacy Centre for the Elderly, told CBC News.

    Why Evidence is So Important

    And often when families do inquire about the nature of injuries, they receive little information or help from care staff. Many in response have turned to placing cameras, to monitor their loved ones.

    “Every time we’d ask for an explanation from the facility, we would be told that there was no documentation, there’s no information to elaborate or to clarify or shed light on what occurred,” Daniel Nassrallah, a Canadian lawyer representing a client who suffered nursing home abuse.

    That is why our Cleveland birth injury lawyer always recommends documenting any possibility of elder care abuse. Take photos, have the resident examined by a doctor, even collect camera footage if necessary. Your loved ones safety, health and rights deserve advocacy.