• Cleveland Nursing Home Injury Attorney: Texas Nurse Sues Care Facility for Negligence & Retaliation

    Posted on October 26th, 2020 admin No comments

    Ask any nursing home injury attorney in Cleveland: Neglect and abuse in nursing facilities are surprisingly and unfortunately common. And under the pressure of the COVID-19 pandemic, this abuse has only become more rampant.

    A San Antonio health care worker is suing the care facility she worked at for negligence and retaliation. She contends that not only were her warnings of the extent of a COVID-19 outbreak at her facility ignored, but the facility sought to punish her for reporting the cases.

    The Southeast Nursing and Rehabilitation Center has had 18 residents and one employee die as a result of the outbreak. An additional 75 residents and 29 workers at the facility tested positive for the virus.

    The facility is currently being investigated by the Texas Health and Human Services Commission.

    Understaffed & Ignored

    “I reported over and over, and nothing was ever done,” Minnie Monroe, a licensed vocational nurse who worked in the memory care unit at the nursing home for more than 12 years, told Express News.

    According to Express News: “The 80-year-old said the facility was understaffed long before the coronavirus pandemic and that she and one aide worked in a unit caring for more than a dozen dementia patients at a time. The aide usually assigned to the unit spoke primarily Spanish, and Monroe said the language barrier made the situation even more difficult.

    “The lawsuit, filed late last month in state District Court, alleges that the for-profit company kept the facility understaffed by at least 20 percent in an effort to maximize profits.”

    Such understaffing is not uncommon, and indeed the cause of a great deal of the abuse and negligence so systematic in the nursing home industry. If you or a loved one have been the victims of nursing home abuse, contact one of our nursing home injury attorneys in Cleveland for a free consultation.

  • 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.

  • 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 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.

  • 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.

  • 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.

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

    Posted on March 17th, 2017 admin No comments

    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

    Posted on January 25th, 2017 admin No comments

    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.