Disability and Negligence Blog

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Disability and Negligence Blog

I just read an article about a nursing home patient in New York who wandered out of the home unnoticed. Two days later she was found in the woods - dead. You may think this is unusual but I can tell you that is not the case. I have handled this type of case in Maryland. In my experience, the problem results from a failure of the facility to have enough staff on duty to properly care for the residents. Patients who suffer from dementia or Alzheimer's frequently wander. If a facility accepts these patients then there must be enough staff to watch them as well as other safeguards, such as alarms, to alert the staff if a patient leaves the unit or walks out the front door. For more information about Nursing Home Neglect, visit my website, www.SharonChristieLaw.com.

Labels: Alzheimer's dementia, nursing home abuse, nursing home abuse, news, nursing aides, nurses, patients, elderly, staff, understaffed, nursing home employees, nursing home lawsuits, nursing home neglect, nursing home negligence, nursing home,

8/20/2008
Sharon Christie
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Nursing Home Abuse: Why Does it Happen?

I just read a news report out of the state of Missouri about a nursing home worker charged with hitting a resident and forcing water into his nose and lungs through oxygen tubing. How can this happen? Based on my experience representing victims of nursing home abuse I believe that there are several reasons. First, many nursing homes are grossly understaffed. The nurses and aides must care for a large number of patients with complex problems, but have little time to spend with each patient. Under pressure to perform tasks quickly the staff can lose their own patience and take it out on the people they care for. Second, many nursing homes do not properly screen potential employees by checking references and criminal backgrounds. Failure to do background checks can result in terrible hiring decisions. Finally, residents in nursing homes today frequently suffer from multiple and complex medical and psychiatric problems. The staff at many nursing homes are not properly trained to deal with these complexities. For more information about nursing home abuse and injuries visit the Nursing Home section of my website.

Labels: nursing home abuse, news, nursing aides, nurses, patients, elderly, staff, understaffed, nursing home employees nursing home,

6/24/2008
Sharon Christie
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Mandatory Arbitration Clauses in Nursing Home Contracts

Admitting a loved one to a nursing home is an emotional and difficult experience. Increasingly, nursing homes are including mandatory arbitration clauses in their admission papers. By signing a mandatory arbitration clause, the patient and/or his family gives away a significant legal right -- trial by jury should a dispute arise over the quality of care rendered to the patient. These clauses purport to be voluntary. However, the patient and/or his family is already under great stress at the time of admission, worrying about the patient's health and future care needs. Usually, they simply sign all of the necessary admission papers without any understanding of the implications of such a clause. Recognizing the unfairness of these clauses, legislation has been introduced in Congress to invalidate them. But the powerful forces of the nursing home industry are fighting hard to defeat this legislation, and they may win. Why is the nursing home industry fighting so hard? MONEY. The industry knows that juries will hold nursing homes accountable for bad care and award significantly more in damages than most arbitrators. Wouldn't it be better if, instead of spending money on lobbyists to influence Congress, the industry spent that money to hire more patient care staff and better train that staff? Maybe then the nursing homes would not have to worry so much about lawsuits.

Labels: arbitration mandatory arbitration nursing home nursing home abuse nursing home lawsuits nursing home negligence