Recent Posts in Nursing Home Abuse Category

In Ohio, it is reported that a former assisted living facility worker has withdrawn her guilty plea and will now stand trial.  The worker, Iindia Weatherly was accused of nursing home abuse after an 87 year old man fell and broke his hip three weeks prior to his death, which occurred last summer.

Weatherly was charged with a fourth-degree felony and if she is convicted by a jury she will face a six to 18 month prison sentence.

In court, Weatherly admitted that she had been careless, but she denied that she had any intention of causing the victim harm.  Witnesses said that Weatherly pushed a kitchen door open, which hit the 87 year old and caused him to fall.  Witnesses also said that while the man was on the ground, Weatherly punched him.

A coroner ruled the elderly man's death as a homicide, but prosecutors cannot prove that the incident caused his death. 

Have you or someone you love been victimized by nursing home negligence in North Carolina?  If so, get the help you need by hiring a North Carolina personal injury attorney.  Contact our legal team now!

The family of a man killed by a morphine overdose has been awarded nearly $5 million. The victim, Burr Needham, was checked into Mercy Memorial Nursing Center in April 2002 to receive physical therapy for a non-displaced hip fracture, but was found dead only a week and a half later from a morphine overdose.

The medical examiner ruled Needham's death a homicide, leading the man's family to hire nursing home negligence lawyers. The ensuing investigation revealed that the nursing home staff had failed to monitor the amount of morphine given to Needham and had not recorded that any morphine was given to him on his medical chart. The trial lasted over three weeks, but in the end, Needham's family was awarded nearly $3 million for loss of companionship, $1.5 million for pain and suffering, and $350,000 for damages and lost valuables.

If you or someone you love has been physically harmed by the negligence of another, now is the time to get a North Carolina personal injury lawyer involved.  Contact the Lanier Law Group now!

This week, police arrested a 43 year old man by the name of Randolph Stein for elder abuse.  Police say that Stein had punched his 75 year old father in the face, prompting his arrest for assault.

On Saturday, police came to Stein's residence at 7:00 PM and placed him under arrest.  Officers were called to the residence when someone called to report yelling and loud thumping.  After police came to Stein's home, they say he appeared agitated, but said no one was in danger despite loud noise reports.

Police then entered Stein's home and saw that his father was there with a large bruise under his left eye.  Officers questioned the elder and he told them that his son tends to flip out on him and scream at him.  After much prodding, he finally admitted that his son punched him with a closed fist the night before. 

Stein was placed under arrest, charged with elder abuse and held on a $10,000 bond.

If you or a loved one has been a victim of physical abuse while in a nursing home or while receiving assistance from a caregiver, you should contact the Lanier Law Group to speak with a North Carolina personal injury attorney.

In the state of California, a former caregiver at a nursing home was convicted of elder abuse and torture.  The defendant, 22 year old Cesar Ulloa, was accused of torturing patients who suffered from dementia.  On Wednesday, he was sentenced to six years to life in prison for torturing an 80 year old resident and abusing three others in 2007.

Ulloa was sentenced after the victims' family members made statements in court.  They all spoke of their anger and also their sadness.  In April 2010, a jury found that Ulloa was guilty of torture for seven counts of nursing home abuse.

Reports indicate that the abuse took place at Silverado Senior Living in Calabasas, California.  The facility specializes in working with patients who have dementia as well as Alzheimer's disease.  In 2008, police arrested Ulloa for abusing patients after conducting an 11 month investigation.

If you or someone you love has been a victim of elder abuse or nursing home abuse in North Carolina, do not hesitate to contact the Lanier Law Group to consult with a North Carolina personal injury attorney.  We would welcome the chance to speak with you about your case and inform you of your legal options.

According to NBC news, the conditions discovered after surprise investigations in an Illinois nursing home were found to be not only disgusting, but deplorable.  The state decided to conduct an investigation of one nursing home that yielded 37 pages of nursing home violations.

Reports revealed that patients within the home were left in soiled beds and that many linens were not only thin, but also stained brown.  Many of the residents' hair were found to be greasy and unclean, too.  Aside from neglecting patients, the nursing home was not administering medications correctly and medical records were kept in boxes that were soaked with water.

The facility housed 79 residents and employed 90 nursing home staff members.  However, after the investigation concluded, the state shut the facility's doors due to the nursing home negligence that had been ongoing.

If you or someone you care for had been a victim of nursing home negligence in the state of North Carolina, know that a North Carolina personal injury attorney from the Lanier Law Group can help.  We have worked with numerous nursing home neglect victims and have produced great results on their behalf.  Contact us today to discuss how you or a loved one has been subjected to negligence.

Included in the healthcare bill recently approved by Congress and signed into law by President Obama is the creation of two new acts designed to better protect and serve seniors living in nursing home facilities throughout the country.

The first bill, the Elder Justice Act, provides $400 million in federal funding for adult protective services, as well as $100 million in state demonstration grants to help improve Adult Protective Services (APS). Also included in the bill is a $32.5 million grant to help support long-term care ombudsman programs, and another $40 million to help fund training programs for national organizations and state-run ombudsman programs. For those of you not familiar with the term, an ombudsman is a person designated to investigate and resolve complaints against nursing home facilities made by nursing home residents and/or their families. This is a very important job, as ombudsmen are often the first people to respond to allegations of nursing home abuse or neglect.

The other act included in the healthcare reform bill is the Patient Safety Abuse Prevention Act. This act aims to reduce the rate violence, abuse, and neglect in nursing homes. The act calls for the creation of a national program of criminal background checks of those people seeking jobs in nursing homes and assisted living facilities. It's not uncommon for police to discover that the nursing home worker charged with abusing or neglecting a resident has a criminal history or history of abusive or violent behavior.

At Lanier Law Group, we support any legislation that aims to reduce the amount of nursing home abuse and neglect that occurs in this country. We know that abuse and neglect in nursing homes continue to plague countless senior citizens every year, and are committed to doing whatever we can to help our clients combat nursing home abuse and neglect so it no longer affects their loved ones.

If you suspect your loved one is being abused, neglected, or mistreated in a North Carolina nursing home, Lanier Law Group can help you take legal action against the nursing home facility and individual caretaker or caretakers responsible. To schedule a free consultation with a North Carolina nursing home abuse attorney at our office, call 1-888-CONSULT today!

Last week, state officials launched an investigation to determine why residents at a Chapel Hill nursing home tested positive for pain medication they should not have been taking.

A team from the Nursing Home Licensure Section of North Carolina’s Division of Health Service Regulation was sent to Britthaven of Chapel Hill to gather information about drugs administered to Alzheimer’s patients.

According to WRAL, three Alzheimer’s patients were taken to UNC Hospital after they started acting unusual. The hospital, concerned the patients were over-medicated, contacted the police, regulators from the Department of Health and Human Services, and Britthaven. The patients’ blood tests showed there appeared to be drugs in their systems they hadn’t been prescribed.

After the incident, Britthaven then tested all of its Alzheimer’s patients. Of the 25 patients, six tested positive for opiates and three of those six had to be hospitalized. One of the patients who was hospitalized passed away, but it was not reported whether she died from the drugs or from another cause.

The team of inspectors from the Nursing Home Licensure Section is still awaiting lab results to determine what medications could have contributed to the opiate levels found in the patients. Jeff Horton, head of the Division of Health Service Regulation , says some of the medications the patients were taking could cause false positives for opiates.

Britthaven says it is taking the appropriate steps to ensure the safety of its patients, and has replaced some of the medications and dietary supplements it was previously giving patients. Britthaven also tested each staff member of the Alzheimer’s Unit for drugs. All tested negative, but for now remain on paid leave.

Over-medication is a common form of nursing home abuse and is often committed against patients suffering from diseases such as Alzheimer’s and dementia. Over medicating, also called chemical restraint, can be a common mistake, but sometimes is done intentionally to control a patient’s behavior. If you think your loved one has been overmedicated in a nursing home, and you fear his or her safety is at a risk, an experienced North Carolina nursing home abuse attorney at Lanier Law Group can help. To arrange a consultation to discuss your legal options,  contact the office today by calling 1-888-CONSULT!

WWAY NewsChannel 3 investigated claims that Glencare of Wilmington, an assisted living facility, has been providing substandard care. Here is what they found:

The staff failed to provide adequate supervision to residents with dementia and special needs in the Special Care Unit. The Department of Social Services (DSS) was informed of two separate incidents in which a resident sexually assaulted two other residents. Both incidents were witnessed by staff members. The resident’s record says he met with a psychiatrist three times in 2008, but the psychiatrist claims that Glencare never told him about the resident’s sexual tendencies. The psychiatrist said if he had known what the resident was doing he could have prescribed medication to suppress his sexual urges.

The report also says a resident care coordinator didn’t file a report about one of the incidents because she didn’t think it qualified as an incident, based on the fact she didn’t see any evidence of an assault. She concluded that nothing happened and failed to send the resident who was assaulted to the doctor. However, Glencare’s policy on non-consensual sexual activity states that if evidence exists that sexual behavior occurred, even if it wasn’t witnessed, the victim must be sent to the emergency room and a doctor must be notified immediately. The administrator is then responsible for notifying the DSS. Not only did staff members witness the acts, but DSS says that doctors were kept in the dark a large majority of the time.

Other violations? The DSS says staff members regularly failed to document medicine distribution, and that the facility hired people who had been flagged for neglecting a patient at other facilities.  

All three of these incidents are considered Type A violations, which DSS defines as violations that can result in the injury, harm, or death of a resident—the worse violation on the books.

Even though 23 complaints were made against the facility last year and eight complaints have been made this year, Glencare still has a 3-star rating on the North Carolina Health Services Adult Care Home Rating website, which was the highest rating a nursing home could receive until the system changed to a four-star rating system this year. A possible reason for such a high rating? The rating is based on a one-day inspection, so if the facility passes the inspection on that particular day, it gets a high rating until the next inspection.

If your loved one was sexually abused or neglected at Glencare of Wilmington or any other nursing home facility, an experienced  North Carolina nursing home abuse lawyer at Lanier Law Group can help you take legal action.  To learn more, contact the office at 1-888-CONSULT to schedule a free consultation.

The term “nursing home abuse” refers to more than just physical abuse.  Nursing home abuse is a broad term applied to all forms of abuse, including:

Physical abuse:  Any time a nursing home staff member makes contact with a resident in an attempt to inflict injury it is referred to as physical abuse.  Examples include hitting, slapping, kicking, choking, pushing, burning, pinching, etc.

Sexual abuse:  When a nursing home staff member engages in sexual activity with a resident against the resident’s will it is considered sexual abuse. 

Financial abuse:  Stealing money, credit cards, or ATM cards is a form of financial abuse, as is convincing or coercing a resident into withdrawing money or changing his or her will or trust.  

Verbal/emotional abuse:  Examples of verbal/emotional abuse include threatening, belittling, screaming or yelling, brainwashing, blackmailing, etc.

Neglect: Nursing homes have a legal obligation to ensure its residents are fed, clothed, cleaned, and given any medication when prescribed or when deemed appropriate.  Cleaning a resident’s wounds, changing his or her bandages, changing undergarments, and ensuring the rooms and grounds are clean and sterile is also the responsibility of the nursing home. Failure to do any of this is considered neglect.

This month, North Carolina began imposing tougher standards for nursing homes, making it more difficult for the facilities to get a top rating. 

Starting this month, nursing homes can now receive a four star rating, where as in the past the highest rating they could receive was three stars. In order for a nursing home facility to receive four stars it must consistently meet high performance standards for two years.  The new rating system will also factor in any penalties for violations the home receives.

Last year was the first year the rating system was in place, and about 95 percent of North Carolina nursing homes scored a three-star rating.

Are you concerned your loved one is being abused, neglected or mistreated in a nursing home? If so, there are several proactive steps you can take to prevent nursing home abuse from continuing to occur:

• Set up a video surveillance system in your loved one’s room.  It is very important that the nursing home staff does not see the video or know that you installed one in the room.  Video surveillance is one of the most effective ways to catch a nursing home worker abusing or mistreating a resident.
• Is your loved one being cared for by a licensed medical doctor? Sometimes nursing homes will employ people to act as doctors and physicians who do not have their medical license.  For obvious reasons, these people might not have the knowledge, experience, or bedside manners to provide your loved one with adequate care.
• Are there licensed vocational or registered nurses on staff?  Again, a non-licensed or trained nurse may not provide your loved one with the level of care that a registered nurse or vocational nurse would provide.
• When you come to the nursing home, look around to see if the home is clean and if it smells right.  A dirty or foul-smelling nursing home could indicate the staff is neglectful and doesn’t care about cleanliness. 
• Look to see if the residents appear clean and well-kept.  Neglected residents often smell and appear dirty.
• Find out if the home has received any citations.  If the home as received citations or has been investigated in the past, you need to consider whether or not that particular nursing home is the best place for your loved one.

These are all simple steps you can take that may prevent your loved one from suffering from abuse, neglect, or mistreatment.  If you later discover that your loved one has been abused or neglected, you can depend on a skilled North Carolina nursing home abuse attorney at Lanier Law Group to help you notify the authorities and pursue a lawsuit against both the nursing home and the individual caretaker responsible for your loved one’s injuries.

To learn more about the services offered a Lanier Law Group, please contact the office today to speak with an experienced North Carolina nursing home abuse lawyer.  

Nursing home abuse is a very real problem that affects thousands of people of year.  If you suspect your loved one is being neglected, abused or mistreated in a nursing home, there are several signs you can look for to validate your suspicions:

• Unexplained injuries, bruises, scratches, cuts, or red marks
• Open welts or wounds
• Markings that indicate physical restraints were used
• Torn or ripped clothing
• Depression
• Behavior Changes
• Unexplained changes to a will or trust
• Unexplained withdrawals or transfers from a bank account

If you notice any of these signs, be proactive and confront the nursing home administrators and call an experienced North Carolina nursing home abuse attorney at Lanier Law Group.  If the nursing home fails to address the issue, and you still fear your loved one is being abused or neglected, it’s best to call the police. Even if you are still aren’t 100% sure, it’s better to inform the police of your suspicions than to simply ignore or disregard the situation. 

At Lanier Law Group, we have been representing victims of nursing home abuse and their families for years, and can provide you with guidance, advice, and legal representation you need during this difficult time. Even if you’re not ready to file a claim yet, we can be a valuable resource and help you make important decisions to ensure your loved one no longer continues to suffer.

Contact Lanier Law Group today!