• Study Confirms Cleveland Nursing Home Injury Attorneys’ Suspicions: Abuse Underreported

    Posted on September 30th, 2019 admin No comments

    As nursing home injury attorneys in Cleveland, we realize that nursing home injury is actually a lot more common than most people think. Many cases go unreported. Sadly, this suspicion has been confirmed in two new government studies.

    Conducted and published by the Office of Inspector General of the U.S. Department of Health and Human Services, the research found that in most cases of abuse or neglect severe enough to require medical attention, the incidents have not been reported to enforcement agencies — despite the fact that it’s the law.

    One study focused on nursing home residents who end up in nursing homes. Nearly one in five cases were not reported to police.

    “Some of the cases we saw, a person is treated in an emergency room [and] they’re sent back to the same facility where they were potentially abused and neglected,” Gloria Jarmon, deputy inspector general for audit services, told NPR.

    Elder Abuse Can Happen Anywhere

    And elder abuse can happen in multiple settings — not just nursing homes. A second study looked at medicare claims for the elderly regardless of where the incident took place. Nearly one- third of the incidents were not reported to law enforcement.

    That’s why it’s so important to work with a nursing home injury attorney in Cleveland. All too often these tragic incidents are merely swept under the rug and ignored.

  • Nursing Home Injury Attorney in Cleveland: Arizona Center Where Raped Woman Gave Birth to Remain Open

    Posted on July 9th, 2019 admin No comments

    In news that might surprise anybody who doesn’t happen to be a nursing home injury attorney in Cleveland, the Arizona facility where an incapacitated woman was raped and gave birth will continue to remain open.

     

    This story is all too familiar in this country. Indeed, nursing home abuse is such a harsh reality in this country because it’s so easy to sweep it under the rug.

    Under the Governor’s Orders

     

    Hacienda HealthCare was to be closed, the center’s board of directors decided, stating that it could not afford with Arizona officials demand to work with a third-party manager to oversee day-to-day operations — expected to cost $500,000 annually.

     

    “After a great deal of careful consideration,” the company “has come to understand that it is simply not sustainable to continue to operate our Intermediate Care Facility for the Intellectually Disabled,” Hacienda said in a statement, The New York Times reported.

    Health Department Will Monitor

    Arizona’s Gov. Doug Duce issued an executive order for the facility to remain open in the interest of the residents. As a compromise, the facility must accept 24 hour monitoring by the Arizona Department of Health Services.

     

    “Our agencies will continue to work with Hacienda to implement a voluntary regulatory agreement with strong oversight and accountability measures that ensure safety and quality care going forward for patients,” said spokesman Patrick Ptak in an email to local media.

     

    Hopefully, this will give the patients the safety and security they deserve. Nursing home abuse is far too rampant, a sad reality we face every day as nursing home injury attorneys in Cleveland.

  • Nursing Home Injury Lawyer Cleveland: Congress Hears Testimony of Family Members

    Posted on June 10th, 2019 admin No comments

    It’s a nightmare of an experience that a nursing home injury lawyer in Cleveland is all too familiar with.

     

    Maya Fischer remembers the evening, just before Christmas, when the nursing home called to inform that her mother had been the victim of rape.

     

    Fischer recently testified before lawmakers on Capitol Hill.

     

    “My final memories of my mother’s life now include watching her bang uncontrollably on her private parts for days after the rape, with tears rolling down her eyes, apparently trying to tell me what had been done to her but unable to speak due to her disease,” Fischer said in the hearing, referring to her mother’s Alzheimer’s disease.

     

    Iowa Resident Patricia Blank also described how her mother died as a result of nursing home abuse – despite the fact that her facility had exceptionally high rankings.

    Shocking Statistics

     

    More than 1000 nursing homes have been cited for mishandling or failing to prevent alleged cases of sex abuse, including rape and assault, at their facilities between 2013 and 2016, according to a CNN exclusive investigation.

     

    “I think there’s a gulf between the expectations and the reality in several of these instances and we look forward to working with you to bridge the gulf,” New Jersey Sen. Bob Menendez stated at the hearing.

     

    Our nursing home injury lawyers in Cleveland couldn’t agree more. The most vulnerable citizens in society need to be protected. A basic sense of decency simply demands it.

  • 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.