Pennsylvania Nursing Home Abuse Lawyer Blog

Earlier this month, we had blogged that the death of a Weatherly nursing home resident was ruled a homicide by the Luzerne County Coroner's Office. The coroner's report said that an 86-year-old resident was allegedly pushed by another resident on April 20 at the Weatherwood Nursing Home and Rehabilitation Center. The push caused her to fall and strike her head. She died 6 hours later at Hazleton General Hospital.

Now the CitizensVoice.com is reporting that the 53-year-old resident who pushed his fellow resident was charged Friday with involuntary manslaughter. He was committed to Carbon County Correctional Facility in lieu of $150,000 straight cash bail.

The arrest papers said a worker at the nursing home observed the residents having a conversation. The worker said she saw the female resident waving her finger at the male resident, in what appeared to be some type of argument. The worker then saw the male resident push the female resident with both hands, causing her to fall backwards and hit her head on the floor. Both residents had a history of bouts of dementia.

According to the article, a spokesman for the district attorney's office said charges were filed after going over the witness interviews with Weatherly Police Department officials. In the article, Weatherwood said, "This is a difficult day for the families of both involved residents. Our thoughts and prayers remain with them. We at Weatherwood will continue to cooperate fully with the authorities as this case moves through the legal process."

The Schuylkill Center in Pottsville has something to brag about. Last week, it received the state's second annual "Awards for Excellence in Health Care Compliance" from Pennsylvania Secretary of Health Michael Wolf.

In addition to the Schuylkill Center, the Pennsylvania Hospital Skill Care Center in Philadelphia also won the award.

In a press release, Wolf said, "When we developed this award last year, our goal was to improve our interaction with healthcare facilities by providing something we were lacking -- positive reinforcement. We are honored to be able to highlight some of our own strengths in the commonwealth as this award demonstrates the commitment and dedication of facilities to deliver safe, top-quality healthcare to some of Pennsylvania's most vulnerable citizens."

The criteria needed to receive the award was no small feat: facilities were required to have no state citations over the last three calendar years based on annual health survey inspections. All department-licensed nursing homes were eligible for the award.

The Schuylkill Center's Nursing Home Administration John Gregis said, "I am honored to receive this award and proud of the incredible effort our team at the center has made to achieve a deficiency-free survey for six consecutive years. This accomplishment is a testament to the hard work and dedication of each and every employee who provides quality care and services to the patients and residents of this center."

We applaud the hard work and dedication of the administration and staff of the Schuylkill Center for winning the award and ensuring that the elderly of our county receive the care and treatment they deserve.

It's a family's worst nightmare: the death of resident at the Weatherwood Nursing Home in Weatherly has been ruled a homicide by the Luzerne County Coroner's Office.

In an article on WNEP.com, a report by the coroner says that the 86-year-old female resident was allegedly pushed by another resident on April 20. She fell and struck her head. An article on the StandardSpeaker.com says the resident died 6 hours later at Hazleton General Hospital.

An autopsy found the cause of death to be a subdural hematoma due to a fall from being pushed. The incident is under investigation by Weatherly police and the Carbon County District Attorney's Office. Medical paperwork associated with the death is reported to use the term "homicide."

Continue reading "Death at Local PA Nursing Home a Homicide" »

The attorneys and staff of Michael J. O'Connor & Associates pride themselves on keeping up-to-date on their areas of practice. This week, Attorney Dave Miller is attending the New Jersey Association for Justice's Boardwalk Seminar 2013 in Atlantic City, NJ. The two and a half day training event includes in-depth educational lectures on trial strategies and litigation techniques, including personal injury, nursing home neglect, and medical malpractice, just a few of the firm's areas of practice. The seminar also provides attorneys the chance to visit with over 160 legal vendors and network with almost 2,000 other attorneys.

This Friday (April 19), remember to wear blue and green in honor of the second annual National Donate Life Blue and Green Day in support of organ and tissue donation and in celebration of National Donate Life Month.

Donate Life America is a non-profit alliance of national organizations across the U.S. with a mission to increase the number of designated organ, eye, and tissue donors in order to save and heal lives. They are encouraging the public to wear blue and green on this day, to bring attention to the need for organ and tissue donors.

According to DonorRecovery.org, more than 117,000 people are on organ transplant lists.

The law offices of Michael J. O'Connor & Associates will be celebrating National Donate Life Day and we encourage you to wear blue and green in support of organ and tissue donation.

The other week we read a thought-provoking op-ed piece in The Patriot-News of Central PA (PennLive.com) that reminds us what a difficult decision it is when we can no longer care for an elderly loved one and must move them into a nursing home. Even when we've done our research and think that we have chosen an appropriate facility, there is still a chance that things won't turn out alright.

The op-ed piece details the unfortunate circumstances that the writer's grandfather experienced the last two and a half years of his life that he spent in a nursing home. In one example, a wound on the man's knee was bandaged, but had become infected and exposed to urine.

According to the article, some of the issues facing that particular facility included the fact that the staff did not have the time or the support to give each patient the time and care they needed; also, the home was perpetually short-staffed, especially on nights and weekends.

In the article, it's mentioned that according to a recent survey, 81% of caregivers said their nursing home was "sometimes or never adequately staffed." The article emphasizes that real standards are needed to ensure that caregivers have the tools and support they need to care for patients. Also, real accountability in nursing homes is needed to make sure the tax dollars given to them through Medicaid is used responsibly and appropriately. The op-ed points out two of members of our state senate are introducing legislation that will increase the amounts of hands-on care those in nursing homes receive, increase access to the type of information families need to make good decision when choosing a home for their loved ones, and ensuring that Medicaid funding for resident care is used for that care.

As in this op-ed piece, we encourage you to support this legislation to be sure they are enacted, for the benefit of all our loved ones who are in skilled nursing facilities.

On Saturday, April 13, staff from Michael J. O'Connor & Associates laced up their running shoes to participate in the first ever Yuengling Light Lager Jogger 5K run/walk in Pottsville. Sponsored by America's oldest brewery, Yuengling, the run/walk attracted 2,500 participants as well as hundreds of spectators. But it wasn't just a chance to run or walk the race route -- part of the proceeds from the participant registrations were donated to Operation Gratitude, an organization that sends care packages with snacks, entertainment items, and personal letters of appreciation addressed to individually named U.S service members deployed in hostile regions, as well as their children left behind, and to Wounded Warriors, veterans, and first responders. After the race, letter writing stations were set up so participants and spectators could write notes to be included in the care packages. It was a great community event that we were proud to take part in!

Pictured above from left to right: Mary Jo Link, Lorianne Link, Kathy Wagner, Bridget Burke, and Peggy Kellar

Pictured above from left to right: Samantha Cody, Kathy Wagner, Lorianne Link, and Bridget Burke

There is good news this week for elderly residents of Schuylkill County who are in need of elder care but want to stay in their own homes: the Home Instead Senior Care office in Pottsville announced that it will be hiring 30 caregivers to its existing staff this year.

This is also welcomed news for residents of Schuylkill County who are looking for jobs, as the new positions will be part time with a flexible work schedule. In a press release, officials said this is "particularly good news for older Americans searching for second careers. Franchises anticipate mature workers will fill many of the job openings. Currently, about 30 percent of the network's employees are 60 and older. Many part-time opportunities are available for those seeking to stay active professionally, at reduced hours."

According to an article on the RepublicanHerald.com, this growth is a reflection of the increasing demand for home care professionals. The Bureau of Labor Statistics reports that the need for personal care aides is expected to grow by 70 percent from 2010 to 2020, which is much faster than the average for all other occupations.

The Home Instead Senior Care network is the world's largest provider of nonmedical in-home care services for seniors, with more than 950 independently owned and operated franchises throughout the U.S. and a number of other countries. It employs nearly 65,000 trained caregivers. According to the company's website, the Pottsville office was opened by a husband and wife team after they saw some of their extended family members and neighbors going directly into assisted living facilities and nursing homes.

Earlier this month, The Mercury of Pottstown reported that in Pennsylvania, adult children could be sued for their parent's nursing home bill after the PA Supreme Court declined to review the lower court decisions in the case of HCRA v. Pittas.

According to the article, the decisions were based on interpretation of the "filial support" laws here in PA. This law states that adult children are financially responsible for their indigent parents, although the word "indigent" is not defined.

In the Pittas case, Mr. Pittas' mother went into a nursing home for rehabilitation after a car accident. She then moved to Greece, leaving almost $93,000 in unpaid nursing home bills. The court found that since Mr. Pittas' mother did not have sufficient income to pay the nursing home bill, she was considered indigent. There was no evidence that Mr. Pittas took any of his mother's money for himself, yet the Superior Court rejected his arguments that the courts should have considered other forms of payment, like his mother's husband, her other two adult children, or Medicaid.

In the article, it mentions that other states have similar filial support laws, but none are used to the extent that they are here in Pennsylvania. Also, Pennsylvania's laws authorize providers of care to bring law suits against adult children.

Continue reading "In PA Adult Children Can Be Sued for Parent's Nursing Home Bill" »

Our thoughts and prayers go out to all those affected by today's tragic events at the Boston Marathon.

This week the New England Journal of Medicine published a study that said the cost of treating Alzheimer's and other forms of dementia is $109 billion, more than the cost of treating cancer or heart disease.

An article on CNN.com reported that according to the study, the costs will more than double in the next 27 years, reaching $259 billion by 2040.

According to the article, the costs of treating heart disease are $102 billion and the costs for cancer treatment are $77 billion.

Per dementia patient, the cost of formal care comes to an average of $33,329 each year. The costs highlight how expensive the disease is for society. In the article, Robert Egge, vice president for public policy for the Alzheimer's Association, is quoted as saying, "It's expensive because of how long people live with the disease, and the intense care that's required as they progress further and further into Alzheimer's."

Since 70% of dementia patients are eligible for Medicare, most costs fall on U.S. taxpayers, according to the study.

The study also points out that there are few successful therapies that can treat those suffering from dementia. But therapy can slow the onset of symptoms which can reduce costs. In fact, if treatment can push back the disease for an average of five years, it could eliminate about half the cost of care.

Continue reading "New Study Reports that Costs of Care to Treat Dementia More Expensive Than Cancer or Heart Disease" »

There's been much debate recently regarding the overmedicating of nursing home patients with dementia. But new research shows that it is safe to take most dementia residents off of antipsychotic drugs without behavioral consequences.

According to an article on McKnights.com, the Cochrane Dementia and Cognitive Improvement Group, part of the international healthcare research organization the Cochrane Collaboration, reviewed nine trials with 606 participants, most of them nursing home residents. The trials studied what would happen when patients with dementia were taken off antipsychotic medications.

The researchers found that it is generally safe and advisable to stop giving antipsychotic medication to patients with symptoms of dementia, including agitation, aggression, depression, wandering, and delusions. But one exception may be older patients who have had more severe neuropsychiatric symptoms (NPS). The study found that discontinuing antipsychotic medication has few or no negative effects and may improve verbal fluency.

The Centers for Medicare & Medicaid Services set a goal to reduce the use of antipsychotics in dementia patients by the end of 2012. Although facilities fell short of that goal, many long-term care organizations continue to push for the reduction in use.

Funding is still available for the Low Income Home Energy Assistance Program (LIHEAP), so the federal program's deadline has been extended to April 26.

According to an article on the RepublicanHerald.com, LIHEAP provides financial assistance each year to low-income Pennsylvania families that meet its criteria. Families can use those funds to pay heating bills through a crisis exception program and a regular crisis program.

According to the Department of Public Welfare, the crisis exception program provides money if a heat source has been shut off or if a household is almost out of fuel. The regular crisis program provides funds in an emergency situation, such as lack of fuel, termination of utility service, danger of being without fuel and having a less than 15-day supply, having utility service being shut off within a 60-day time frame, and broken heating equipment or leaking lines.

To apply for LIHEAP, visit www.compass.state.pa.us or a county assistance office or local utility company.

Falls at nursing homes happen more frequently and repeatedly than we'd like to think, some with dire consequences. According to the Centers for Disease Control and Prevention (CDC), about 1,800 older adults living in nursing homes die each year from injuries related to a fall. Those who survive a fall can sustain hip fractures and head injuries than can result in permanent disability and reduced quality of life.

Take for example the case of a man in Glen Carbon, Illinois whose estate filed a suit against the nursing home where the man was staying, claiming that several falls led to the man's death.

An article on TheTelegraph.com quotes the suit as alleging, "The cause of death was a subdural hematoma; said medical condition was a direct result of multiple falls by the decedent, at the facility." The suit also claims that the man required rehabilitation and assistance with daily living, and that the facility failed to care for the man "in a manner which maintained and enhanced his dignity and quality of life."

According to the CDC, one way to help prevent falls in nursing homes is by educating staff about fall risk factors and prevention strategies. They also suggest making changes in the nursing home environment to make it easier for residents to move around safely. Our loved ones should be protected and kept safe from falls while in the care of a skilled nursing facility.

Continue reading "Estate Sues Illinois Nursing Home Over Resident's Death" »

In our last post, we talked about a group of local nursing aides who expressed their concern about resident care by supporting the statewide nursing "Day of Action" that took place on March 21. In today's post, we want to discuss an article that appeared in the Central Penn Business Journal (CentralPennBusiness.com) about three proposed bills that would increase regulations on Pennsylvania nursing homes.

The article discusses a report by Service Employees International Union (SEIU) Healthcare Pennsylvania that claims that almost 30 percent of Pennsylvania facilities analyzed did not spend at least 95 percent of their resident care Medicaid component amount on resident care costs in 2011. The union claims that not only are patients being shortchanged, but that workers are being affected by underfunding direct care, inadequate wages, and staffing.

The report also says that nursing homes generated more than $500 million in profits in 2011, with a total margin near the national level of 4.7 percent. Yet a 2012 survey of nursing home employees in Pennsylvania showed that 12 percent of workers have more than one job and 11 percent receive public assistance.

According to the article, the report said that 54 percent of workers say their facility is only sometimes adequately staffed, and 27 percent say their facility is never adequately staffed.

The three bills being proposed would require nursing homes to meet minimum level of nurse aide staffing, report turnover and staffing levels to the Department of Health, and spend a minimum amount of their Medicaid resident care per diem rate.

Continue reading "Nursing Home Union Members Hope New Legislation Will Have a Positive Impact on Care" »