• 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.

  • Nursing Home Injury Attorney Cleveland: Attorney General Uses Spy Cams to Catch Abusers

    Posted on November 22nd, 2017 admin No comments

    As our Cleveland nursing home injury attorney will tell you, spy cams can be beneficial. They catch abusers red handed, saving the lives of our seniors and protecting their well being.

    A Zanesville nursing home was recently shut down after spy cams recorded abuse of patients. The surveillance cameras had been placed in patients’ rooms because of complaints about mistreatment. It was the first time authorities had used “granny cams” to spy on nursing-homes. Ohio Attorney General Mike DeWine promised it wouldn’t be the last.

    “It’s a new day and a new way of approaching this,” DeWine stated. “Everyone has been put on notice as of today.”

    As of July, the state department had opened 131 cases investigating elder abuse, compared to 74 in the same period last year.
    Some argue that such use of cameras are in effect “warrantless searches.”

    “There need to be certain conditions met, and one of our concerns is, were those conditions in place to authorize a warrantless search?” Carol Rolf, an attorney for the Ohio Health Care Association, told the Columbus Dispatch. “Was there a roommate or anyone else recorded who didn’t give consent? We don’t know.”

    Certainly, getting the consent of the family of a patient who may be the victim of abuse wouldn’t be hard. And if abuse is in question, it is something our nursing home injury attorney in Cleveland would recommend.

  • Cleveland Nursing Home Injury Lawyer: Ohio Ranks Among Worst in Elderly Care

    Posted on September 29th, 2017 admin No comments

    It’s a sad fact that’s well known to our nursing home injury lawyers in Cleveland. Ohio ranks among the worst in the nation for elder care.

    A new report from the Scripps Gerontology Center at Miami University found that Ohio ranked below the national average on all 10 of the quality measures used by the Centers for Medicaid and Medicare Services, including instances of urinary tract infections, unexplained weight loss, pain, pressure ulcers and use of antipsychotic medications. The study looked at residents who stay in a facility for 100 days or more.

    The Record Courier reports:

    “The numbers show that the percentage of patients using antipsychotics went from 23.18 percent in 2013 to 21.59 percent in 2017, though the 2017 national average is 18.46 percent for antipsychotics and the 2013 average is 19.85. The best state, which was not identified in the report, had less than 9 percent of patients on the drugs in 2013.

    Antipsychotics are often given to people with dementia, which can be dangerous, said Beverly Laubert, Ohio’s long-term care ombudsman. Her office is working on helping professionals try non-pharmacological approaches to dementia care.”

    That’s why our nursing home injury lawyer in Cleveland always takes the allegations of his clients seriously. Our state certainly has encountered problems with the quality of care we provide our seniors in the sunset of their lives.

  • Ask a Nursing Home Injury Attorney in Cleveland: Why is Ohio’s Care so Bad?

    Posted on June 2nd, 2017 admin No comments

    It’s a sobering yet logical conclusion for any nursing home injury attorney in Cleveland: Why do Ohio’s nursing homes rate among the lowest in the nation when it comes to quality care, as measured by federal statistics?

    Simple. There’s just not enough staff.

    “Almost always, we had to work short-handed, handling anywhere from 15 to 20 people at any given time,” former nurse’s aide Lolly wrote in a Cleveland Plain Dealer anonymous survey of the state’s caregivers. “It is impossible to give proper care to that many people, answer the call lights and be everywhere at the same time.”

    The Results? Tragic…

    Not having enough hands on deck can cause extremely dangerous accidents that easily result in tragedy. As one sad example, Susanne Lawrence, a resident of Normandy Manor in Rocky River, overdosed after being given 20 times the prescribed dosage of oxycodone, or 500 milligrams. Staff failed to read the medication’s label and the 83 year old died after her last dosage on July 7, 2015.

    Deadly Math

    The statistics and the extent of the crisis are shocking, even for a nursing home injury attorney in Cleveland who deals with them every day. After three months of research, the Plain Dealer discovered:

    • “Nearly 41 percent of the facilities in Ohio earned a below-average rating of one or two stars on the federal Nursing Home Compare standard, as of Dec. 1, compared to 35 percent nationally.
    • At least 31 Ohio nursing home deaths in the last three years were attributed by authorities to issues of care. Residents’ lawyers argue the number could be far higher, because they depend upon self-reporting by nursing homes.
    • Ohio’s minimum staffing rules are relatively lenient. Facilities in the state are required to make available 2.5 hours a day of nursing staff time for each resident. Florida and California require much more.
    • Ohio requires only 75 hours of training for the aides who provide much of the care in a nursing facility. California requires 150 hours.
    • Many states have given themselves the ability to fine nursing homes that violate “their standards. In places like California, state fines are used to strengthen nursing home inspections. Ohio doesn’t fine nursing homes. Instead, it recommends a dollar amount to the federal government, which sets and collects the fines. A portion of the fines is returned to the state.”

    If you have a loved one in a residential care facility in Ohio, talk to a lawyer to ensure they are getting the best care. If statistics are any indication, their quality of life, if not their very lives themselves, may be in your hands. Contact us for a free consultation.

  • A Win for a Cleveland Nursing Home Injury Attorney: Abuser Gets 18 Months

    Posted on April 28th, 2017 admin No comments

    Any dedicated nursing home injury attorney in Cleveland understands that feeling when their clients get the justice they deserve.

    Such is likely the feeling of the legal team of Edward McShaffrey’s victim. The 59-year old was sentenced to 18 months in prison for sexually abusing a nursing home resident. A licensed practical nurse at Brookdale Montrose Nursing Home, he was seen with his mouth on the victim’s private body part. The victim suffered from Parkinson’s Disease and suffered from communication difficulties.

    The nursing home immediately fired McShaffrey following the incident. He had worked at the facility since 2004.

    “We appreciate the jury’s effort in seeking justice for this case. This situation saddens us deeply because having the trust our residents and their families is extremely important to us,” Heather Hunter, senior public relations assistant for the facility, told the Plain Dealer. “This type of conduct or behavior by an associate is never tolerated by us under any circumstances. Our thoughts are with the victim today.”

    Sadly, it is a story our nursing home injury attorneys in Cleveland see come across their desks every day. The victims, due to limited communication skills or cognitive abilities, have far too few resources to turn for help. They need a voice. That’s why the Linton Law Firm is here for you. Call us today for a free consultation.