Pennsylvania Nursing Home Abuse Lawyer Blog

PublicOpinionOnline.com has reported that a former care assistant at Magnolias Nursing Home in Chambersburg, PA has been charged with allegedly pinching, hitting, and kicking a 93-year-old dementia patient.

The incident was brought to the attention of IntegraCare, the company that operates Magnolias, by a co-worker of the care assistant. The co-worker reported that she and the care assistant were working together with the patient, who suffers from dementia, when the patient became more combative that usual with staff.

The patient pinched the care assistant, and the care assistant pinched the patient back. The patient tried to bite the care assistant, and the care assistant slapped the patient. The patient kicked the care assistant and the care assistant kicked the patient in return. The co-worker tried to explain to the care assistant that due to the patient's condition, she didn't understand what she was doing. The care assistant replied, "Well, she's kicking me."

Franklin County's Area Agency on Aging contacted Chambersburg Police to report the incident. The Pennsylvania Department of Welfare was also notified.

"The safety of our residents, their dignity and well being is our first priority," said Richard Irwin, president of IntegraCare. However, the article reports that online records show this same care assistant pleaded guilty in 2006 to a summary charge of harassment for subjecting another person to physical contact. No further details were available.

When interviewed by police, the care assistant did confirm that she had pinched, hit, and kicked the patient. Police are quoted in the article as saying, "She told me that is how she grew up, 'someone hits you, you hit them back.' She also told me that she knows it was not the right thing to do."

Continue reading "Care Assistant Charged with Assault of Patient at Magnolias Nursing Home in Chambersburg" »

The summer can be fun, but when the temperatures start to climb into the high 80s and 90s, it can make anyone uncomfortable. That's why it's important to be aware that older men and women are more susceptible to heat stress and heat stroke during the hot summer months.

As we age, we lose the ability to perspire and regulate our body temperature, so older people don't feel heat the same anymore and can tend to overdress. Also, older skin becomes thin and offers less protection from the sun.

Caregiver.org offers a number of tips to help the elderly stay cool during and avoid heat-related emergencies.

Wear cool clothing: Be sure the elderly wear cool clothing, including light-weight, loose-fitting clothing. Natural fabrics like cotton are best. Use hats and umbrellas to protect you from the sun when you are outside.

Use air conditioning: Air conditioning should be kept on below 80 degrees F. Or fans should be used to circulate air. Even taking an elderly person to an air-conditioned place like a library, mall, or restaurant can offer some relief from the heat of the day.

Food and drink in the summer: The elderly should be encouraged to drink plenty of fluids, even if they say they are not thirsty. Avoid tea and alcohol. Avoid hot, heavy meals and don't use the oven.

Check in often: If the elderly person lives alone, check in daily or ask a neighbor to check in several times a day.

Be alert: A cognitively-impaired person, such as an older man or woman with dementia, may not be able to express that he or she is feeling hot or ill. Remember that older people may not be able to feel the heat and may not be away of the dangers of hot weather.

We hope these tips help you to keep your loved ones cool during the heat of the summer!

On June 8, a Senate committee unanimously approved a bill that gives long-term care nursing homes another way to challenge state findings of deficiencies or safety violations, according to an article on the StandardSpeaker.com.

The bill gives nursing homes the option to participate in an independent review process to help resolve disputes with the Health Department. So a nursing home could hire a firm that specializes in quality monitoring of health care if it wants an independent review. The Health Department would maintain the list of firms that a nursing home could use. Or, the nursing home could participate in an existing dispute resolution process run by the department.

The Health Department would need to approve any independent recommendations made through this process before they could be implemented. If the department disagrees with a recommendation that a finding of deficiency be reversed, a written explanation would be required.

This is a welcomed change for many nursing home operators who feel the current dispute-resolution process is too one-sided in favor of the Health Department. Senate President Pro Tempore Joseph Scarnati, R-25, Jefferson County, is quoted in the article as saying, "The Department of Health is both the judge, jury and prosecutor. It (the bill) gives nursing homes a fair shot at addressing the complaint."

Some nursing home operators believe an independent evaluation will be more fair. Anne Henry of the Pennsylvania Health Care Association, is quoted as saying, "You get a total fresh set of eyes to look at the issue."

In 2009-2010, the Health Department received and investigated more than 2,000 complaints about nursing homes. The most common complaints were maintaining residents at their highest practicable level, supervision and assistance to prevent accidents, sanitary food preparation, serving and storage, infection control and documentation of clinical records.

An article published on the American Association for Justice website (justice.org) raised an alarming concern which is that many elderly nursing home residents with dementia are being prescribed atypical antipsychotic drugs even though there is an increased risk of death with their use.

The article explains that a report was released by the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) showing that 88 percent of reimbursement claims submitted to Medicare for atypical antipsychotic drugs prescribed for nursing home residents during a six-month period were for residents with dementia. However, these drugs carry a warning that states they pose an increased risk of death in elderly patients with that condition.

HHS Inspector General Daniel Levinson is quoted in the article as saying, "Government, taxpayers, nursing home residents, as well as their families and caregivers should be outraged--and seek solutions. It is of great concern that so many nursing home residents are prescribed these drugs in the first place."

Steven Levin, a Chicago attorney who works on nursing home cases, made the point in the article that nursing homes often use antipsychotic drugs as a chemical restraint. Attorney Levin is quoted as saying, "Our anecdotal evidence suggests that when the resident is placed on these drugs, something bad happens. Attorneys should never ignore the role that these types of drugs might play in cases involving nursing home neglect."

The use of antipsychotic drugs came to the attention of Congress in 2007 when FDA epidemiologist David Graham testified that as many as 15,000 nursing home residents die every year from the off-label use of these medications. A Senator from Iowa asked the OIG to investigate prescriptions of the drugs for residents with off-label conditions and dementia.

Levin recommends that attorneys representing clients injured by antipsychotic drugs should investigate whether the nursing home appropriately assessed the need for the drugs, monitored the resident's behavior while on the medication, and discontinued it if adverse effects occurred.

The three most commonly prescribed atypical antipsychotic drugs are listed in the article as Astra Zeneca's Seroquel, Johnson & Johnson's Risperdal, and Ely Lilly's Zyprexa.

Attorney O'Connor was featured in the May 25 edition of USA Today as one of the Legal Elite. Read more about it in the following article by Jonathan Widran.

"Michael J. O'Connor Returns to Pennsylvania to Become One of His Home State's Top Workers' Comp Attorneys"

When it came to pursuing his career in law, Michael J. O'Connor could have easily established himself as a high powered attorney in almost any area of expertise.

Instead, the son and grandson of working union men chose to return to his roots in Pennsylvania and devote his career to helping injured workers obtain workers' compensation benefits, as well as defending against insurance companies attempting to terminate, suspend or modify lost wage benefits.

Growing up, O'Connor experienced first-hand the struggles of working class people. His father worked for Alcoa, the world's top aluminum manufacturer for 35 years, and was leader of the local union and head of the Job Evaluation Committee. O'Connor's great grandfather was killed in a mining accident. He was repeatedly told stories about the trials of his grandmother's childhood of not only losing a father at a very young age but also her family's only source of income. He had many other relatives who were injured in industrial accidents and had to battle through the workers' comp process.

Continue reading "Attorney Michael J. O'Connor Featured in USA Today as One of the Legal Elite" »

A nurse at Northampton County's Gracedale Nursing Home has filed a civil suit against the facility, claiming racial discrimination and retaliation by the nursing home for filing a complaint at the state and federal levels.

LehighVallyLive.com reports that the nurse, an African American female, claims when she reported to her supervisor that a resident's family member called her a racial slur, that the supervisor told her "maybe you should try being nicer" and "get over it, it's just a word."

The nurse also claimed that she was retaliated against when she filed a complaint with the U.S. Equal Employment Opportunity Commission. She said other employees were granted time off, but when she requested a day off to celebrate her anniversary with her husband, her request was denied.

In the lawsuit, the nurse is seeking back pay from the period she was terminated; reimbursement for unused sick, vacation, and personal days; and tuition reimbursement for a class she took.

A county-owned nursing home, Gracedale has been part of a tug-of-war between those who believe selling Gracedale to a private company will mean more quality services, versus those who are afraid a private company may discriminate against those who cannot afford its services.

Continue reading "Employee Files Suit against Gracedale Nursing Home" »

It's become a recurring theme in Pennsylvania: the question of whether selling a county nursing home will save taxpayers money while providing adequate care to nursing home residents.

The Morning Call of Allentown reported that this issue is now being discussed in Lehigh County as they weigh the pros and cons of keeping Cedarbrook county-owned or allowing a private company to take the reigns.

There are concerns that privatization could cause the elderly with limited financial resources to be turned away from a privately-run home. Executive Don Cunningham is quoted in the article as saying, "There has to be somewhere for seniors to go who do not have resources to pay for private care, to receive care in their golden years in a quality way."

Some fear that the sale of the nursing home could change the nature of the facility. Cedarbook's Director Terry Lopus is quoted in the article as saying, "There's a lot of focus on the bottom line in a purely private facility."

In terms of care, the article notes that counties across the state of Pennsylvania that have sold their nursing homes generally scored very low on Medicare's star rating system.

We'll be keeping an eye on this story and the outcome for Cedarbrook as it continues to develop.