Tacoma Personal Injury Lawyer - Nursing Home & Elder Abuse

"Nursing Home" Falls--Response Times and Call Buttons

Michael Myers — Fri, 16 Jan 2009 11:50:10 GMT

We have a case that involves a resident’s fall at a (physical) rehabilitation center and, unfortunately, the resident’s ultimate below knee amputation. The basis of the claim is that the resident pressed her call button for assistance to the restroom. Assistance never came and, after approximately half an hour, she attempted to transport herself to the restroom using her walker. She fell when she reached the threshold between her room and the restroom.

The rehabilitation center claims that the call button was never pressed and they didn’t know that she needed assistance.

In cases like these do facilities (whether rehabilitation centers or nursing homes) have a duty to ensure that call button systems work consistently and without interruption or, does the rehabilitation center and nursing home have to have actual or constructive notice that the system was not working in order for it to be found liable in situations like this? What do you think is fair to both the facility and the resident? If you had a family member in a facility and this happened, what do you think would be a fair resolution?

Originally posted at InjuryBoard by Michael Myers

Suit Filed Against McKenna Nursing Home

Ryan Nute — Wed, 09 May 2007 09:14:37 GMT

The Nisqually Valley Care Center in McKenna, Washington is being sued by the daughter of a resident (Florence Pierpoint, 79) who reportedly died after being given a morphine overdose when staff did not follow her doctor's instructions about pain medication.

While prosecutors declined to file criminal charges, the nursing home received a citation in connection with her death because the staff failed to mention Ms. Pierpoint's deteriorating condition or ask if it could have been caused by medication.

Nursing home negligence cases are often unique because of the various roles nursing homes play and the scope of the services they provide. Some residents require significant and constant medical attention. Other residents may require fall prevention assistance. The legal duty the nursing home may owe to a resident may depend on the language of the contractual agreement between them. Testimony from experts familiar with the requisite standard of care will usually be required in a nursing home negligence case.

California Nursing Home Sued for Abuse

Shannon Weidemann — Tue, 27 Feb 2007 11:12:47 GMT

Pleasant Care Convalescent of Riverside is being sued by the family of a former resident for abuse they allege happened there. The resident was given physical therapy for 10 days for knee pain when in fact she has a broken hip and required surgery. While at the hospital for treatment is was found she had other signs of poor care, including bed sores.

"It's our theory that they're understaffed - they put their profits ahead of people," said Michael Young, Davis' attorney. "They make these representations that they're going to take good care of grandpa and grandma, and they don't."
La Ca ada Flintridge-based Pleasant Care Corp., the parent company of the Riverside skilled nursing facility, is also named as a defendant in the suit, which was filed Feb. 14 in Los Angeles Superior Court. Emmanuel Bernabe Jr., the company's attorney, declined to comment.
In March 2006, Pleasant Care settled a lawsuit brought by state Attorney General Bill Lockyer that cited 160 incidents of substandard care, documented by the Department of Health Services over five years. As part of the settlement, the company agreed to pay $1.3 million in fines and improve care at its 30 facilities statewide.

The nursing home claims to follow state mandated nursing home care which requires each patient to receive 3.2 hours of care each day. It had no comment on the former resident or the care she received.

Originally posted at InjuryBoard by Shannon Weidemann