Blog Overview

Would You Put a Loved One in a Large For-Profit Norfolk Nursing Home?

Selecting a nursing home for your loved one is a difficult decision. Call Norfolk nursing home neglect attorney Michael Weisberg with your questions.

Untreated Depression in Norfolk Nursing Homes: It Will Make You Sick

Untreated depression in a Norfolk nursing home may violate the Nursing Home Reform Act. Call Attorney Michael Weisberg to protect your loved one’s rights.

Increase in Norfolk Nursing Home Neglect Cases Caused by Infections

Be wary of infections in Virginia nursing homes. If your loved one has been sick, contact Michael Weisberg, Norfolk nursing home neglect attorney, for help.

Norfolk Nursing Home Neglect Attorney Cautions of Chemical Restraints

Chemical restraints in Virginia’s nursing homes are a silent killer. Contact Norfolk nursing home neglect attorney, Michael Weisberg, if you suspect abuse.

How Understaffed Nursing Homes Lead to Abuse and Neglect of Residents

Understaffed Virginia nursing homes lead to abuse of elderly residents. Contact Norfolk nursing home neglect attorney Michael Weisberg to learn your rights.

Medication Errors in a Virginia Nursing Home? You Need an Attorney.

If your loved one is a victim of medication errors in a Virginia nursing home, the consequences could be fatal. Call Attorney Michael Weisberg immediately.

Resident-on-Resident Assault in Virginia Nursing Homes: Who Is Liable?

Resident-on-resident assault is a growing concern in Virginia nursing homes. Read about a nursing home’s liability, and call Michael S. Weisberg.

Risk of Elopement, Wandering Rises for Nursing Home Patients in VA

Contact a Norfolk, VA lawyer who defends the rights of nursing home patients. Our law firm can help you recover damages from nursing home abuse and neglect.

How Bedsores Can Be Treated at Nursing Homes

New medical research being cited by the Mayo Clinic provides some insight into how bedsores can be prevented or treated at nursing homes in Virginia.

In a recently researched article entitled "Bedsores: Treatments and Drugs" that can be found at http://www.mayoclinic.com/health/bedsores/DS00570/DSECTION=treatments-and-drugs (accessed on March 23, 2011), doctors and staff report that bedsores are patches of damaged skin, also known as "pressure sores" or sometimes "pressure ulcers."

These bedsores develop as a result of sustained pressure cutting off circulation to a patient's skin. Human tissue dies without adequate blood supply, and can become seriously infected.

Nursing home patients are the most vulnerable of patient populations, as they are often confined to beds or wheelchairs. Bedsores can develop and progress quickly, and often are difficult to heal.

Doctors say that bedsores can be prevented by frequently moving patients and keeping skin dry and clean.

Bedsores may be a sign that a patient is not receiving the necessary attention from nursing home staff, i.e. existing wounds are not being redressed properly or new sores are developing as a result of lack of bodily movement.

Doctors, including orthopedists and neurologists, and specialty staff, including physical therapists, may have to be called in to consult on nursing home bedsore cases, according to the Mayo Clinic brief.

Bedsores can be treated with topical and oral antibiotics. Non-steroidal, anti-inflammatory drugs also can be helpful for patients suffering with these wounds, as well as a change of diet. Often, patients don't drink enough water, i.e. they are not fully hydrated, and, therefore, have exceedingly dry skin, according to the Mayo Clinic.

"Pressure sores that fail to heal may require surgical intervention," the Mayo Clinic brief added. "The goals of surgery include improving the hygiene and appearance of the sore, preventing or treating infection, reducing fluid loss through the wound, and lowering the risk of cancer."

Often, elderly individuals who are living in nursing homes are reluctant to speak up about bedsores for fear of embarrassment or, worse yet, reprisal by unethical nursing home staff. But we can be the voice of your elderly loved one. Call Michael S. Weisberg, PC today at 1-800-690-0235, and one of our lawyers will assist you. Contact us today.

Mickey Rooney Reported Feeling ‘Trapped and Scared’ As a Result of Elder Abuse

Actor Mickey Rooney recently testifies before Congress regarding his personal experiences with elder abuse.

Virginia Nursing Home Worker Charged With Sexual Assault

A Virginia nursing home employee was recently charged with sexually assaulting a patient of the Lynchburg Heath and Rehab facility while she was sleeping.

Settlement Reached In Portsmouth Nursing Home Abuse Case

A local group nursing facility for disabled adults in Portsmouth, Virginia recently settled a nursing home abuse case for $150,000 after a complaint was filed alleging that the facility denied a resident food, water and the use of bathroom facilities.

What to Do if You Suspect Nursing Home Abuse

There are many different ways to deal with the discovery of nursing home abuse. If a loved one is in a nursing home in Virginia you can contact Attorney Michael S. Weisberg to discuss your options.

What to do about your Virginia nursing home arbitration agreement

So you are concerned about signing an arbitration agreement before you place a family member in a Virginia nursing home or assisted living facility.  Or, you are worried that because you signed an arbitration agreement you won’t get the justice and compensation your loved one deserves after a nursing home death or case of abuse or neglect.

 

You are right to be concerned.  Nursing home arbitration agreements exist primarily to protect nursing homes from big lawsuits.  If they do something horribly wrong that leads to a resident suffering abuse, neglect or even death – they don’t want to be taken to court and forced to pay a big payout.

 

So what can you do about that arbitration agreement?

• If you are looking for a nursing home or assisted living facility, make sure you take time to read all of the paperwork you are asked to sign.  There is probably an arbitration agreement or clause in there somewhere.
• Before you sign, ask if you can remove the clause.
• If the nursing home won’t let you remove the clause, you may want to ask an attorney to review the paperwork before you sign.
• If you do sign – or if you have already signed – a nursing home arbitration agreement, you still have rights.  You may be able to opt out of the agreement, especially if your family member is hurt or killed because of the facility’s negligence.

 

Don’t let the Virginia nursing home push you around – get help from one of our experienced Virginia nursing home abuse & neglect attorneys as soon as possible.  Just remember that time is of the essence, and you may lose some of your rights if you wait too long.

Avoiding Elder Abuse: How to Find the Right Nursing Home

Nursing hoe abuse has become very common in the United States. It is wise to research nursing home facilities in Virginia before placing a loved one in a facility. There are several websites that can help you with your decision.

Nursing Home Abuse: By the Numbers

The statistics regarding nursing home abuse are startling. Virginia nursing homes residents are just as likely to be abused as residents in any other state.

Types of Nursing Home Abuse

Nursing home abuse has become too common in our society. The best way to protect your loved one in a Virginia nursing home is to remain informed about the types and signs of abuse.

Virginia nursing homes: not just for the elderly anymore

Why is the average age of nursing home residents in Virginia going down?  It isn’t because elderly Virginians need care sooner.  It is ironically due to improvements in medical technology that are saving seriously injured people who in years past would have died from their injuries.

 

Take car crash victims.  Serious auto accidents can lead to devastating injuries like spinal cord damage or brain injury.  These days doctors know more about these types of injuries and are able to save patients with severe brain injuries, spinal cord damage or severe internal injuries.  In addition, much progress has also been made in managing many serious chronic illnesses, so people are living longer than they used to.

 

However, many of these patients go on to need around-the-clock care – the very type of care that is available in Virginia nursing homes.  Families are finding that nursing homes are an affordable alternative to home care, especially if nobody is able to quit their job and care for the patient full-time.  Some patients need to stay in nursing homes long-term, others for shorter stays.

 

Some communities in Virginia have long-term care programs or assisted living options available for those who need constant care, but budget cuts and economic challenges have meant that nursing homes are a last resort for many.

Signs of Nursing Home Abuse

There are many different kinds of nursing home abuse. It is not always easy to recognize abuse or neglect of nursing home residents, but there are some signs you can look for.

Knowing Your Rights: Nursing Home Residents and Their Bill of Rights

As with all United States citizens, nursing home residents have rights. It is important to know what each nursing home residents rights are so that you will know when they are being violated.

What your Virginia nursing home should be doing to prevent falls

A fall – even one from ground-level (while standing) – can be absolutely devastating for an older adult.  Elderly adults are far more likely than younger adults to be seriously injured or killed if they fall, which is why Virginia nursing homes and assisted living facilities should be doing everything possible to prevent falls in the first place.

 

Is your loved one’s nursing home safe?

 

If your loved one was injured in a nursing home fall or if you are worried about falls, find out if the nursing home:

• Secured all loose carpeting to avoid a trip & fall hazard
• Installed secure railings on both sides of all stairwells
• Installed secure hand rails in all tubs and showers
• Continuously ensures that hallways and doorways are free of debris and clutter that may cause a fall
• Evaluate all residents when they arrive and periodically during their stay to determine how likely they are to suffer a fall
• Develop a fall care plan for residents at risk of falling, and maintain and update this care plan on a regular basis

 

There is more that facilities in Virginia can do to protect elderly and infirm residents.  If your loved one has suffered a fall while in a nursing home or assisted living facility, please call our office or fill out our online contact form.  We can discuss your case with you confidentially for no cost or obligation, and you can use the information we give you to decide how you want to proceed.

Suspect poor nursing care in Virginia? Hidden cameras are not the answer.

If you suspect that a loved one is being mistreated or poorly cared for in a Virginia nursing home, it may be tempting to sneak in a hidden camera to monitor the care your loved one is receiving.  However, as a tragic case in the UK shows, this does not prevent abuse or neglect from seriously harming a patient.

 

In this case, a man who was paralyzed from the neck down was concerned about the quality of care he was receiving – so he had a camera installed in his room.  Unfortunately, the presence of a hidden camera did nothing to prevent a tragic event from occurring.

 

A nurse was recorded turning off the man’s life-support system by accident, leaving him without breathing assistance for just over 20 minutes.  The nurse did realize her mistake and tried to revive the man, but the damage was done.

 

Because he was left without life support, he sustained brain damage.  He went from having full control of his mental function to having the mental age of a child because of the incident.  He is not expected to recover.

 

Families of Virginia nursing home residents can learn from this case.  If you suspect that your loved one is receiving substandard care, the time to act is BEFORE a tragic incident occurs.  It is far better to prevent further damage to your loved one than it is to watch abuse or neglect happen on tape.

 

Check out our article “How to File a Nursing Home Abuse Complaint in Virginia” to learn how to report suspected cases of Virginia nursing home abuse, and please call our office right away to talk about your situation confidentially, for no cost.

Does your Virginia nursing home resident have a good care plan in place?

When families come to us with concerns about the health and well-being of their loved one in a Virginia nursing home, one thing we often find is that the home should have been doing a better job with the resident’s care plan.

 

All Virginia nursing home residents should undergo an evaluation when they first arrive at a nursing home, however we find that not all homes are doing this evaluation – or doing it right.  Residents should be evaluated for things like the likelihood that they will fall, develop bed sores (pressure ulcers) or contractures, or that they will suffer from malnutrition or dehydration.

 

Once a resident is evaluated, the nursing home should develop a comprehensive care plan, detailing how the nursing home staff will ensure that the resident does not succumb to any of the aforementioned conditions.

 

However, homes where residents experience abuse or neglect may not be properly developing or following care plans.  They may even be falsifying the resident’s records, noting that they are doing what is required by the care plan but not actually doing it.  Lack of adequate staff and lack of staff training are two reasons why care plans are often not developed or followed properly.

 

If you have a loved one whom you suspect is a victim of Virginia nursing home abuse or neglect, please contact us immediately.  We will review your situation confidentially, and can work with you to investigate the situation and determine if the home has committed abuse or neglect.

Virginia nursing home accused of wrongful death by estate executor

A Virginia nursing home is facing accusations of wrongful death for their alleged role in the death of a resident two years ago.  The resident, Mary Ellen Hillyard, died three months after arriving at Evergreen Health and Rehabilitation Center in September 2008.

 

According to a lawsuit filed by the executor of the deceased resident’s estate, health care workers at the home gave the woman blood-thinning drugs that led to a massive hemorrhage.  The suit seeks $2 million in compensatory damages from several defendants.

 

Named in the lawsuit as defendants are two doctors from Winchester, the buiding owners (Long Term Care Properties LLC of Harrisonburg), and the company that operates and manages the home (Pinnacle Services Winchester Inc.)

 

Staff at the Virginia nursing home is accused of deviating from the standard of care for Hillyard while in the course of employment.  According to the lawsuit, employees from Pinnacle and LTC Propertes gave Hillyard duplicate medications to prevent her blood from clotting, and medications that should not have been given together.  This led to the hemorrhage that contributed to Hillyard’s death.

 

The lawsuit also claims that the doctors named in the case should have been reviewing the medications that were ordered for Hillyard, and they should also have been monitoring her lab results.  As they failed to review her medications and were the ones who ordered the drugs in question, the lawsuit contends that they contributed to her death.

Is the multistate nursing compact putting our Virginia elders at risk?

Did you know that Virginia is part of a multi-state compact created about ten years ago to allow states to share much needed nurses?  Virginia and 23 other states participate in this compact, which allows nurses licensed in one state to practice in the other 23 states with a multistate license.

 

Sounds great for nurses and states with a nursing shortage, right?  Not so fast.  A study by the non-profit organization ProPublica discovered that nurses with criminal records or found guilty of misconduct in one state were still able to practice in other multi-compact states.

 

Since there is no central licensing for the multi-state licenses, there is no centralized data collection or license administration that keeps “bad” nurses from getting jobs elsewhere.  Even if a nurse is accused by a nursing home in one state of misconduct, their multi-state license still stays active and there is no way for nursing homes in other states to know that individual had a problem elsewhere.

 

Not only that, but some states in the multi-state compact required criminal background checks before nurse can receive a license, and others do not.  If states in the compact that do not do background checks license a nurse, that nurse can then go work at another state in the compact that does require background checks – even though they never had one.

 

Since no statistics are maintained on the number of nurses disciplined in one state who travel to another to work, there is no way to tell how big this problem really is – which is a shame for our Virginia nursing home residents who deserve better.