Posts tagged with "nursing home infections"

Can you win with a bad lawyer?

We’ve been in existence as a firm for over 20 years, and during that time we have handled every foreseeable type of personal injury case. From regular motor vehicle accidents, construction accidents, and nursing home negligence, to quirky cases where a plane struck a house and injured people while they slept. We represented a poor woman who took medication that was mislabeled for over a month.

One of our attorneys had three tree cases, where someone was cutting down a tree and didn’t know what they were doing and the tree fell and injured someone. In one case, the tree fell and killed a gentleman.

With all of this experience I can tell you this unequivocally, it all comes down to your lawyer. Whether or not you’re going to get compensated, and more importantly, the amount of that compensation, comes down to the skill of the attorney you choose.

For the plaintiffs, it really is simple. They care about only one case: Theirs.

If it’s important to your family and your family’s future, then why take a chance? You want to go with someone who has experience and who has been there before.

With all the experience we have in the building, and having seen all these cases in every format, we feel comfortable with anything that comes in the door. We’re not the only one who say that, find out why Newsweek listed us as one of the top personal injury law firms in the country. Come give us a call at 1 (888) 330-6657 and we’ll be happy to let you know what your options are.

This is why we focus on nursing home negligence cases

The common theme that my law firm sees when we handle nursing home cases is a lack of staff. That is to say, too many people in the nursing home and insufficient staff to care for those people.

There are telltale signs, so like anything else, your loved one is better taken care of if you are proactive in trying to determine whether if the nursing home is equipped to meet their needs.

Stop in and observe. How many people are actually on the floor? How many people are tending to nursing home patients? How many people may be wheeled in a wheelchair and left in the hallway unattended? Sometimes you hear alarms go off, but the staff doesn’t respond to it.

We project that this problem is going to get worse in the near future as the Baby Boomer generation comes to that age where they need nursing home care or assisted living care. The nursing homes just aren’t equipped to handle that influx of people.

That is unless they decide at some future time to add much more staff, which they are usually resistant to do. That’s because that would increase their costs and after all, this is a business to them and they’re trying to make a profit.

If someone you end up in this unfortunate situation, please give us a call at 1 (888) 330-6657 and we’ll be happy to let you know what your options are.

Tales from our files – Lessons Learned Concerning Nursing Home Care

Nursing Home Care

My legal practice is concentrated in assisting victims of nursing home negligence throughout Massachusetts and Rhode Island. Over my twenty-five year career, I believe I’ve seen nearly every conceivable fact pattern concerning neglect and abuse at these facilities. It recently occurred to me that providing examples of the problems that my clients have encountered over the years might serve a useful purpose in helping others to avoid common lapses in nursing home care.

Upon the initial admission to a nursing home, the staff is obligated to conduct an assessment of each patient to properly assess that person’s needs and to create an individualized “Care Plan” for them. If done correctly, the assessment will determine, among other things, whether an immobile patient requires assistance in “transferring” or moving from bed to chair or to the bathroom. The overall safety and welfare of the patient is the principle concern, of course. Sometimes, however, facilities are either understaffed, unprepared or simply “too busy” to properly and safely address the critical needs of their residents.

I had the honor to represent an 88 year old woman that I’ll call “Ann.” She had long been a resident of the defendant’s facility due to advanced Alzheimer’s Disease and other medical complications. Sadly, Ann was unable to verbally express herself, was non-ambulatory and remained completely dependent upon the defendant’s staff for all activities of daily living. Despite her many medical complications, Ann did not suffer from osteoporosis, however. The importance of this latter fact will become clear as you read on.

One day, Ann was being transferred to her bed with the use of a machine known as a Hoyer lift. It was immediately after this transfer that the she began to crudely express that she was in pain. Oddly, no trauma, fall or other “event” was recorded by the defendant’s employees in Ann’s medical chart. When her pain became unbearable, Ann was transferred to the hospital where she was diagnosed with a markedly displaced femur fracture with fragmentation and a massive hematoma. Her extensive injuries required immediate surgery. Ann’s family suspected that she had been dropped during the transfer on the Hoyer lift but the facility vigorously denied this. The case was further complicated inasmuch as there was no independent witness to any suspected accident. We argued that the displaced fracture of the patient’s femur, the body’s largest and strongest bone, was sufficient evidence that a trauma had indeed occurred. Moreover, we argued that the “fragmentation” (splintered bones) and “hematoma” (deep bruising) were corroborating evidence of a traumatic event that the facility had conveniently neglected to record. In response, the facility hired a medical expert who was prepared to testify at trial that Ann could have suffered her fracture by “organic means” (e.g. brittle bones in the elderly can sometimes break spontaneously-without a trauma). They cited the common occurrence of a senior suffering a rib fracture after a hearty sneeze. We successfully refuted this suggestion by conclusively demonstrating that Ann did not previously suffer from osteoporosis or other skeletal degeneration which would tend to make her bones exceedingly brittle and thus subject to fracture without first suffering a trauma. During the course of our investigation we also discovered that, even before Ann was a resident, this particular facility engaged in a systemic failure to promptly and accurately report accidents that injured their residents.

A large settlement was reached on the eve of trial, presumably because the facility was fairly convinced that a jury would likely punish them for their deception in failing to own up to their role in both causing and properly reporting Ann’s accident.

As always, a family’s best defense against nursing home neglect is both vigilance and active involvement in the care of their loved one.