Medical Malpractice Lawyers

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

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 Lawyer: Abuse Cases On the Rise

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.

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

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?

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

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.

Medical Records Suspicious? Talk to a Cleveland Nursing Home Injury Lawyer

As any nursing home injury lawyer in Cleveland can tell you, a nursing home’s medical records can’t always be taken at face value. If the staff has something to hide, their documents may have been forged, altered or otherwise not true.

In Chicago, two social workers claimed they were fired because they refused to falsify medical records related to incidents of nursing home patient abuse at the former Burnham Healthcare, now known as Bria of River Oaks.

“There was no structure. It was dangerous,” one of the social workers, Kenneth Allen, told the Chicago Tribune.

Documents Missing or Falsified?

Allen alleges that when he documented a resident’s rape complaint, a supervisor ripped the report from the medical file and tore it up.

Allen also claims he was told to falsify another patient’s medical report to look like she had fallen, when she very well may have been assaulted.

State investigations, meanwhile, indicate that the facility indeed had committed several instances of abuse.

From the Chicago Tribune:

“A 2012 state inspection report said two residents alleged guards beat or roughed them up in separate incidents. The report says that at least one guard at the home was fired as a result.

State inspectors have cited the facility for abuse-related incidents after Ogunyipe and Allen were terminated.”

So if your family member references abuse or injuries not mentioned in their medical file, don’t just take the word of the facility. Talk to a Cleveland nursing home injury lawyer. There may be abuse which needs investigating.

Cleveland Nursing Home Injury Attorney: Trust Your Elders

This unbelievable story from the desk of our Cleveland nursing home injury attorney has two heroes. First, the Columbus nursing home resident who took it upon himself to call 911 despite the fact that his nurses didn’t believe him when he said he felt ill. Second, the firefighter who, despite the reluctance of the facility’s staff, decided to send a dispatcher anyway to see what the problem was about. Thanks to their efforts, the nursing home, the fire department, and especially the nursing home residents and their families, “dodged a bullet,” Battalion Chief Steve Martin told the Columbus Dispatch.

The resident, identified only as “Mr. Jackson,” told the 911 dispatcher, “Nobody wants to believe me that I’m not feeling that good.” Mr. Jackson wanted to go to a hospital.

The dispatcher asked to speak to the man’s nurse, who qualified it as “a behavior thing” that “happens all the time.”

But that dispatcher decided to listen to the resident and  send paramedics instead.

“There was nothing that set it apart from any other call,” Firefighter and dispatcher Brian Severs told the Columbus Dispatch. “Something told me, ‘Don’t blow this off; this person called 911 because they thought they needed help.’”

Gut Instinct = Lives Saved

It turned out to be carbon monoxide poisoning. The entire building had a gas leak. “Mr. Jackson” and Severs saved the lives of 143 residents.

Granted, the elderly members of our family are at the sunset of their lives, so it’s understandable when we take what they say with a grain of salt. But learn to trust them and trust your instincts. If you ever have any concerns, contact a nursing home injury attorney in Cleveland. Indeed, our elders just may be trying to tell us something we need to hear.

A Serial Killer Horror Story from the Desk of a Cleveland Nursing Home Injury Lawyer

It’s a horror story reminiscent of Jack the Ripper. An ex-nurse has been charged with murdering eight nursing home patients. If Elizabeth Tracey Mae Wettlaufer is found guilty of the crimes she is accused of, she will be “among the worst serial killers in Canadian history,” the Globe and Mail reports. The story certainly sends chills down the spine of anyone who reads it.

The alleged victims include James Silcox, 84, Maurice Granat, 84, Gladys Millard, 87, Helen Matheson, 95, Mary Zurawinski, 96, Helen Young, 90, Maureen Pickering, 78, and Arpad Horvath, 75.

“We’re living my father’s death right now,” Daniel Silcox, son of James Silcox, told the Globe and Mail. “It’s horrific.”

Wettlaufer remains in custody at the Ontario Court of Justice.

“This investigation is ongoing, therefore I’m not going to speculate whether there will be any additional charges,” Woodstock Police Chief William Renton told reporters. “What I can tell you is that we are confident at this time that all of the victims have been identified and that their families have been notified.”

It’s a worst nightmare situation for any client of a nursing home injury lawyer in Cleveland. Hopefully, the families of the victims find justice, but that does little to fill the vacuum left from the lost lives of their loved ones.

Entrusting the care of a loved one to a nursing facility or long-term health care home is not a simple task for any family to make. Selecting the best facility during a time of illness creates an emotional time not only for the patient, but the whole family. It’s essential to do your due diligence to investigate the facility thoroughly and to be sure it offers the best care available.

Judge’s Injunction Will Adversely Affect the Clients of a Nursing Home Injury Attorney in Cleveland

Following a federal ruling in September, our nursing home injury attorney in Cleveland strongly cautions clients to watch out for pre-dispute binding arbitration clauses in nursing home contracts.

A federal judge in Mississippi issued an injunction blocking a rule that would have preserved the right for families to sue facilities over quality of care disputes. The rule would have banned clauses that require care disputes through arbitration, not the court system.

The injunction affects only facilities receiving Medicare and Medicaid funds, but since that would be most facilities, it effectively involves most nursing home patients and the clients of nursing home injury attorneys not only in Cleveland but across the nation.

Unsurprisingly, the injunction was pushed by the American Health Care Association, an industry group that represents most nursing homes in the U.S. The group called the new rule “arbitrary and capricious.”

The acting administrator for the Centers for Medicare & Medicaid Services saw it much differently. In a September blog post, the center contended the blocked rule would have been “a major step forward to improve the care and safety of the nearly 1.5 million residents in the more than 15,000 long-term care facilities that participate in the Medicare and Medicaid programs. These new rules set high standards for quality and safety, while providing facilities with important flexibilities that will assist with the preservation of quality of life and quality of care, and are grounded in the concepts of person-centered care.”

What is not arbitrary is that it is now tougher to hold nursing homes accountable for negligence, as any nursing home injury attorney in Cleveland will tell you.

Families of Copley Township Assisted Living Resident Tragically Find Themselves in Need of a Nursing Home Injury Attorney in Cleveland

Some stories of abuse hit too close to home. In fact, this one occurred well within the local practice area of a nursing home injury attorney in Cleveland. A licensed practical nurse at an assisted living facility in Copley Township has been accused of sexually molesting a 69 year resident, according to The Plain Dealer.

A co-worker reported witnessing Edward McShaffrey, 58, of Akron, lifting up the shirt of the resident and improperly fondling her. Due to a diagnosed medical condition, the woman is deemed unable to give consent, so McShaffrey’s actions are grossly in violation of the law.

McShaffrey was immediately fired and a warrant has been issued for his arrest.

“The safety and wellbeing of our residents are our highest priorities,” the Brookdale Montrose senior living center said in a  statement. “We have worked closely with the local authorities and the appropriate state agencies on an investigation of improper conduct of one of our associates.”

McShaffrey has been a licensed nurse since 2004 and faces no prior violations. As any nursing home injury attorney in Cleveland knows, having a clean record does not always indicate innocence. Tragically, sometimes it only means the individual has yet to be caught.