Medical Malpractice Lawyers

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.

Advice from a Nursing Home Injury Lawyer in Cleveland: Get Proof on Camera

Do you suspect your family member may be the victim of nursing home abuse yet lack the evidence to take legal action? Nursing home injury lawyers in Cleveland have found getting the proof on camera to be very valuable.

Earlier this year, the family of a Hopkins nursing home resident  set up their own hidden camera after finding unexplained bruises on their mother, according to ABC Eyewitness News. The video revealed an aide hitting the woman in the head repeatedly while brushing her hair, and even pulling the woman up from the floor by her hair.

“The woman, identified as Cecilia Chebii Soi of Hopkins, has been charged with two counts of assault,” ABC News reported. “…Glenn Hopkins administrator Lori McGuire says the aide was fired and the facility is reviewing its hiring, training and supervisory practices.

“If convicted, Soi faces up to one year in prison and $3,000 in fines on the fourth-degree assault charge and up to 90 days in prison and $1,000 in fines on the fifth-degree assault charge.”

Surveillance technology has become very affordable these days. A camera the size of a ball point pen can be purchased for as little as $30. That’s an inexpensive technology that could provide your nursing home injury lawyer in Cleveland the critical evidence they need to build a case and protect your loved one.

If you suspect a loved one is being abused while in a nursing home in Cleveland, contact the nursing home injury lawyers at The Linton Law Firm at 800-960-3247 for a free consultation.

Ask a Nursing Home Injury Attorney in Cleveland: Why Ohio’s Care Facilities Are So Dismal

As any nursing home injury attorney in Cleveland will tell you, Ohio needs to do better, for the sake of our mothers and fathers, our grandparents, our aging aunts and uncles, for all our elderly at the sunset of their lives.

Ohio ranks as one of 11 states where as many as 40 percent of its nursing homes are poorly rated under the federal government’s five star system.

Nursing homes are rated from one to five stars, with one being the poorest rating. The ratings are based on government inspection reports, staffing levels and other quality measures, including reported nursing home injuries.

Only 6 percent of Ohio’s 941 nursing homes earned five-star ratings.

What’s to blame? Low staffing – state and federal funding cuts over the last several years have resulted in the loss of thousands of nursing home staff, mostly nurses and nursing assistants.

So what does our nursing home injury attorney in Cleveland advise? Do your homework and do it today. Look up the federal rating on the nursing home of your loved one. If it is not at least a four or five star rating, find them a new place to live. They’ve devoted many years of their lives to you. Help them enjoy their sunset years in happy, healthy and safe home care environments. Their care is worth every measure.

From the Desk of a Nursing home Injury Lawyer in Cleveland: How Some Lawyers Challenge Arbitration Agreements

Arbitration agreements, clauses that protect nursing homes from being sued by their clients, are often buried in the fine print of complex contracts. Families may not even be aware of what they are signing. In some cases, the patients themselves may be illiterate or suffer from dementia. Judges have upheld them fairly consistently, as a basic principal of law is that once an agreement is signed, it is legally binding. Hence, it is always a good idea to have a nursing care contract reviewed by a nursing home injury lawyer in Cleveland before signing.

However, as highlighted in a recent article in the New York Times, some lawyers are asking judges to question these agreements under the argument that unless the family members had power of attorney, they lacked the authority to agree with arbitration in the first place. It would be taking advantage of a legal loophole, but on the other hand, arbitration agreements, by their very nature, are legal pit traps set to trap some of the most vulnerable members of our population.

It is an interesting approach, and we will have to see how it works out in the courts. In the meantime, be wary of signing any arbitration agreement in a care contract for your loved one. Often, they are worded in complicated legal jargon that disguises their true meaning. Always have your contract reviewed with a nursing home injury lawyer in Cleveland before signing your full commitment.