Pennsylvania Nursing Home Abuse Lawyer Blog

To mark World Elder Abuse Awareness Day celebrated earlier this month, Pennsylvania's Secretary of Aging, John Michael Hall, encouraged residents who suspect abuse of older adults to call the state's elder abuse hotline at 1-800-490-8505.

In a press release issued on June 15, Secretary Hall said, "Our older residents deserve protection from abuse. Whether they are the target of financial exploitation by a stranger, physical abuse by a neighbor, neglect by a relative or the object of some other form of abuse, the commonwealth is prepared to intervene. But we need the help of responsible Pennsylvanians to let us know when they see abuse happening."

World Elder Abuse Awareness Day was created to call attention to the problem of abuse, including abandonment, physical and emotional harm, and sexual and financial exploitation, as well as to promote prevention. According the press release, the number-one reported and substantiated type of elder abuse in Pennsylvania is self-neglect followed by caregiver neglect and financial exploitation. Approximately 14,000 reports of abuse of older residents are received each year in the commonwealth.

Continue reading "World Elder Abuse Awareness Day Celebrated in June" »

It is with great pride that the attorneys at Michael J. O'Connor & Associates, LLC announce that Attorney David A. Miller has been selected as a Pennsylvania Rising Star in the field of personal injury.

Pennsylvania Rising Stars, as published in the June 2010 edition of the Philadelphia and Pennsylvania Super Lawyers magazines, represent the top 2.5% of attorneys across the state. To be eligible for selection as a Rising Star, an attorney must be age 40 or younger, or in practice for 10 years or less.

Rising Stars recognize the top up-and-coming attorneys in the state. The Pennsylvania Rising Stars for 2010 were selected from the results of an extensive nomination and polling process conducted by Law & Politics and published in the June 2010 issue of Philadelphia magazine and in Pennsylvania Super Lawyers - Rising Stars Edition. This is Miller's second year to make the Rising Stars list.

Continue reading "Attorney David A. Miller at Michael J. O'Connor & Associates Included in the 2010 Pennsylvania Rising Stars List" »

For the seventh year in a row, Michael J. O'Connor, founder of Michael J. O'Connor & Associates, was selected and named as a Pennsylvania Super Lawyer in the field of workers' compensation law as published in the June 2010 edition of Philadelphia Magazine as well as the recent edition of Super Lawyers magazine.

In addition to Mr. O'Connor, Attorney Paul J. Duffalo was named to the list this year.

Attorneys named Super Lawyers are considered to be the top five percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics. O'Connor was named a Super Lawyer in 2004 and each year following, making this his seventh year in a row to top the list of workers' compensation attorneys in Pennsylvania. This is Duffalo's third year to make the list.

To be named a Super Lawyer, an attorney must first go through a rigorous three-step process that begins with a nomination by his/her peers. The nominations occur on ballots that go out to all lawyers throughout the state who have been in practice for at least five years. These nominations are to be based on personal observation rather than solely on reputation.

O'Connor's seventh consecutive Super Lawyer designation makes evident his continued determination to uphold an outstanding level of legal representation. Duffalo has been recognized for his success and hard work for the third year in a row, and will undoubtedly continue to be named to the list in the coming years. His dedication to injured workers is recognized amongst his peers and demonstrated in his professional achievements.

Continue reading "Two Attorneys at Michael J. O'Connor & Associates Top the 2010 Pennsylvania Super Lawyers List" »

Most of us would agree that bed rails are a necessary precaution to keep hospital and nursing home residents who may be sick or restless from falling out of their beds. But a post on The New Old Age blog on the New York Times online points out the risks involved with the use of bed rails.

"Rails decrease your risk of falling by 10 to 15 percent, but they increase the risk of injury by about 20 percent because they change the geometry of the fall," explained Steven Miles, a geriatrician and bioethicist at the University of Minnesota who was quoted in the article. Patients can try to climb over the rails, falling farther than if they rolled off the lower level of the bed.

A greater risk with bed rails is entrapment. The article gives the example of an elderly man who died of asphyxiation in an assisted living facility in Wisconsin after his head became entrapped between the mattress and the rail.

Despite a warning issued by the Federal Drug Administration (FDA) in 1995 about the entrapment danger posed by bed rails, bed rails are still being used extensively in nursing homes and rehabilitation centers. In the article, Dr. Miles explained, "A person will roll into the slot next to the rail, and the mattress slides to the opposite side. That doubles the size of the gap. The patient drops into the gap, the mattress presses against his chest and he can't breathe."

In 2006, the FDA issued guidelines to reduce the hazards from use of bed rails. However, the best solution would be to establish manufacturing standards so that no bed has a dangerous gap between the mattress and rail.

This week we read an article on the Post-Gazette.com about "culture change" which is described in the article as a national movement that calls for a reversal of the traditional nursing home model as well as a re-education of care workers and a breakdown of institutional housing. The idea is to bring care to where people live or in new elderly housing developments designed to foster independence. Grants from the Pennsylvania Department on Aging and the Department of Labor and Industry have enabled re-education programs to take place across the state, helping elder-care support employers learn new ways to help the elderly shape their own care. To read the full article, click on the link below:

http://www.post-gazette.com/pg/10143/1060205-114.stm

It seems like common sense, but a recent study of Boston-area seniors has shown that those who occasionally neglected their medications were 50% more likely to fall than those who take their medications as directed.

The study was conducted by the Institute for Aging Research at Hebrew SeniorLife in Boston. Researchers surveyed 246 men and 408 women with an average age of 78. In this group, 376 reported a total of 1,052 falls. Questions included "Do you ever forget to take your medications?" and "Are you careless at times about taking your medications?" The study found that nearly half - 48 % - did not fully adhere to their medication schedule.

According to an article on LancasterOnline.com, Village Vista Manor in Manor Township, Lancaster County, has been closed by state and federal authorities because of problems with the quality of care. Its last resident left on April 21.

In early April, the U.S. Centers for Medicare and Medicaid broke off its relationship with Village Vista. As a result, the nursing home could no longer care of Medicare or Medicaid patients.

State inspectors found multiple problems at the facility over the past year. According to state records, some problems included residents who complained the bathing water was too cold and that hot water had to be warmed in the microwave; reports of bruises that were not investigated; failure to provide ongoing activities for residents; a report that the home had operated without a dietitian for several years; and failure to investigate and prevent falls from beds and wheelchairs.

The state put the home on a provisional license on April 9. The home's license was then revoked 6 says later.

The American Health Care Association has named this week National Nursing Home Week. The theme is "Enriching Every Day." This will be celebrated in nursing homes and rehabilitation facilities nationwide. This year's theme honors those in the health care field who add value to the lives of those in nursing homes and who help older Americans to overcome the infirmities of age and disability.

According to the American Health Care Association's website, a supportive and caring nursing home environment provides enrichment for residents and families to continue growing, learning, and teaching in various ways. The week also provides an opportunity to honor all those who contribute to our nation's nursing homes, including residents, family members, employees, and volunteers.

When acts of caring, kindness, and respect are the norm in long-term care environments, residents experience better physical care and healing, as well as enrichment of the mind, heart, and spirit.

We invite you to join with us in celebration of National Nursing Week, and we encourage you to do your part to make a positive difference in the lives of those living and working in nursing homes.

Michael J. O'Connor & Associates has announced the appointment of the newest member of the law firm, Debra A. Matherne.

Matherne earned her Juris Doctor Degree from the prestigious Villanova University School of Law, Villanova, PA. Her undergraduate degree was obtained at Grove City College, Grove City in Psychology with an emphasis in English.

She is a member of the Pennsylvania Bar Association, the Dauphin County Bar Association, and the American Bar Association.

Matherne brings a heavy emphasis on workers' compensation cases to Michael J. O'Connor & Associates, which has 14 locations throughout the Commonwealth. With over 18 years of experience, she is one of the top attorneys practicing in Workers' Compensation in the state of Pennsylvania.

Earlier in her career, Matherne worked for Michael J. O'Connor & Associates for eight years.

"We're very happy to have Attorney Matherne back. She is truly an advocate for injured workers," said Michael J. O'Connor.

Matherne lives in Mechanicsburg with her husband and three children.

Continue reading "Michael J. O'Connor & Associates Welcomes Newest Member, Atty. Debra A. Matherne" »

An article posted yesterday on McKnights.com says that a large percent of visits to emergency rooms by nursing home residents are preventable, according to a recent report by the Centers for Disease Control and Prevention (CDC).

Based on data collected for the 2004 National Nursing Home Survey, the CDC estimates that about 40% of ER visits by nursing home residents are preventable.

Researchers found that some conditions, like urinary tract infections, could be dealt with in the nursing home. They found the number one reason for ER visits by nursing home patients was because of falls. According to the report, these types of visits could be avoided by efforts to prevent falls in nursing homes.

In January, Oprah Winfrey began a campaign and launched a public service announcement to end distracted driving. Today, April 30, is the first national "No Phone Zone" Day, an effort to break Americans of the deadly habit of talking or texting while driving, a habit that kills nearly 6,000 people a year, according to the National Highway Traffic Safety Administration.

"A call or text isn't worth taking a life," said Winfrey.

On Friday's show, Winfrey will interview Jacy Good of Lancaster County, who lost both her parents when a tractor trailer driver who was talking on a cell phone drove into the path of their car.

According to an article on LancasterOnline.com, Good is working with a Montgomery County legislator who is sponsoring a law that would ban the use of hand-held cell phones while driving in Pennsylvania, which has been dubbed "The Jacy Good Law."

Good is spreading the word about the dangers of using a cell phone while driving. Good commented, "Then my parents' death had some meaning so no one will have to go through what my family was forced to."

Pennsylvania Governor Edward G. Rendell is reminding residents that today is the deadline to register to vote in Pennsylvania's May 18 primary election. In the primary, voters cast ballots for candidates for a variety of offices, including governor, lieutenant governor, state senator and representative, and U.S. senator and U.S. representative.

Secretary of the Commonwealth Pedro A. Cortes said, "I would like to remind everyone who has moved since they last voted to apply for registration using their new address.
Individuals applying to register to vote for the May 19 primary must be:

• A citizen of the United States for at least one month before the primary;
• A resident of Pennsylvania and the election district in which the individual desires to register and vote for at least 30 days before the primary; and
• At least 18 years of age on or before the primary.

According to the state of Pennsylvania's website, residents may apply in person at a county voter registration office; the state department of Public Welfare or Health; PennDOT photo and driver license centers; Armed Forces recruitment centers; county clerk of orphan's courts or marriage license centers; area agencies on aging; county mental health and mental retardation offices; student disability services offices of the State System of Higher Education; offices of special education in high schools; and Americans with Disabilites Act-mandated complimentary paratransit providers.

The Department of the State's voter education website, VotesPA.com, allows voters to check their voter registration status, download a voter registration form, and obtain directions to their polling place. The site also includes tips for first-time voters and members of the armed services, and instructions on how to cast a ballot.

The law offices of Michael J. O'Connor & Associates want you to do your part and get registered to vote!

In an effort to be as responsive to our clients' needs as possible, the law office of Michael J. O'Connor & Associates has added a live chat feature to our website (www.oconnorlaw.com). Now if you have a question at any time of the day, you'll be able to reach us through a simple click of the mouse. Let the experienced attorney team at Michael J. O'Connor & Associates get you the justice you deserve.

The Boston Herald recently uncovered a disturbing trend with Massachusetts seniors entering nursing homes: a "hidden" practice of signing away their rights to sue facilities in the event of neglect or bad medical care.

Seniors are being urged to sign contracts that allow arbitrators to handle disputes; but these seniors don't realize that they are signing away their right to bring cases that might involve neglect and abuse before a judge and jury.

In the article, Marlene Owens of South Easton, MA, who challenged an arbitration agreement signed by her elderly stepfather in 2003, is quoted as saying, "It gives the nursing home carte blanche to abuse these elderly people because they won't have to answer to it."

When a loved one is admitted to a nursing facility, it can be emotional and the paperwork can be overwhelming. The arbitration agreements may be buried in admission packages and easily overlooked. "Most people don't see it," said Boston attorney Rebecca Benson. Some seniors may think they have no choice but to sign the agreement.

But U.S. Rep. Barney Frank (D-Newton) is supporting legislation that would ban these agreements in nursing homes. Although Frank agrees that arbitration can be a good way to handle disputes, he thinks it should be a choice. He is quoted as saying, "You shouldn't have to sign one in advance in these one-sided contracts."

Continue reading "Nursing Home Residents Can Unwittingly Sign Away Their Rights" »

According to an article on the StandardSpeaker.com, Carbon County, PA commissioners announced that they have signed a letter of intent to sell the county-owned Weatherwood Nursing Home and Rehabilitation Center to Guardian Health Care of Jefferson County.

The sale is expected to be closed on July 1. Once negotiations on the sales contract are completed, the terms of the deal, including the sale price, will be disclosed.

Raymond L. Calhoun, chairman of the board for Guardian, is quoted in the article as saying, "In talking with the county officials, we found we have the same values. We come from a rural area. We thought we were a good fit with Weatherwood, with the way we are used to doing business."

The biggest concern for county commissioners was the care given at the nursing home. Commissioner Chairman William O'Gurek said that Guardian "will keep this asset as it is, in terms of jobs and quality of care. They have 14 years' experience, and have taken over 23 nursing homes, only three outside Pennsylvania."

After the commissioners announced in January that Weatherwood would be sold, more than 40 parties were interested in buying the facility and 11 tours of Weatherwood were given to potential buyers.