New Jersey Nursing Home Worker Indicted for Assaulting Resident with Bleach Spray

New Jersey nursing home worker indicted by a grand jury for abuse of a patient after spraying an elderly resident with bleach, says a Patch.com article. According to the article, Simone Goldsboro, 34, a worker at Dwellside Care & Rehab in Cherry Hill, New Jersey, sprayed bleach on a female nursing home resident’s face and body, a shocking act of nursing home malpractice. Goldsboro furthermore “purposely or recklessly” caused bodily injury by pulling the resident’s hair and aggressively undressing her, said the New Jersey Office of the Attorney General (OAG). Goldsboro was charged last August with aggravated assault for the incident of nursing home malpractice.

According to an affidavit referenced in the article, police received word that a Dwellside worker had reportedly been routinely assaulting a patient; they responded by meeting at the home with the aforementioned victim’s daughter, who claimed to have witnessed nursing home malpractice in the form of abuse against her mother. The daughter shared with the authorities a video recording she had made showing Goldsboro pulling her mother’s hair, yanking a shirt over her head and face, and using a spray bottle to spray a liquid—later determined to be bleach—directly onto the patient’s face and body.

This incident of nursing home malpractice illustrates classic physical nursing home abuse. Physical abuse occurs when a nursing home staff member (or even another nursing home resident) uses deliberate physical action against a nursing home resident. Common types of physical nursing home abuse involve hitting, shoving, kicking, hair pulling, and more. If your loved one lives in a nursing home, it is important to watch for signs of physical abuse, including unexplained bruises, burns, scratches, or bone fractures, or uncharacteristic displays of anger, depression, or violence. Unchecked nursing home abuse can lead to serious injury or even death, unfortunately requiring the intervention of a wrongful death attorney.

 Fighting Nursing Home Neglect, Elder Abuse, and Wrongful Death

Attorney Brian P. Murphy is dedicated to ensuring negligent Philadelphia/PA or NJ nursing homes be held responsible for incidents of nursing home malpractice. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy fights untiringly to uphold the rights and preserve the health and safety of Philadelphia/PA and NJ nursing home residents. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Hospitalized Residents’ Serious Health Problems went Undetected by North Carolina Nursing Home, State Inspection Report Finds

The Hunter Woods Nursing and Rehabilitation Center in Charlotte, North Carolina, has been repeatedly cited for violations amounting to nursing home malpractice by regulators, and scores a single star out of five in the Centers for Medicare and Medicaid Services 5-Star Quality Rating System.

At least two hospitalized residents of a North Carolina nursing home had serious health conditions that went undetected by staff, says a recent Charlotte Observer news article. According to state inspection reports by the North Carolina Department of Health and Human Services, two residents of the Hunter Woods Nursing and Rehabilitation Center in Charlotte were subjected to nursing home malpractice when nursing home staff failed to recognize serious medical conditions that eventually landed them in the emergency room. One of these residents later died.

One of the cases of nursing home malpractice at Hunter Woods as determined by inspectors involved a 92 year-old female resident who, after becoming unresponsive following plummeting blood pressure in mid-April, was rushed to the hospital and discovered to be suffering with severe sepsis, a life-threatening condition, as the result of the seriousness of her infected wounds. The woman had both an infected pressure wound on her buttocks and a wound on her heel that had developed into a bone infection. According to the article, the nursing home’s reports on the woman’s foot wound prior to the hospitalization varied from “no issues” to the recognition of an open wound. The nurse responsible for monitoring the woman for skin issues noted, but did not change, the bandages on the foot wound. After several more trips to the hospital and a brief stay at another nursing home, the woman passed away in June . Her death certificate says she died from dementia. According to the article, the woman’s family members have secured a wrongful death attorney in the hopes of holding the home accountable for her death.

Deteriorated bedsores are a common occurrence at nursing homes, and almost always are the result of nursing home malpractice. When pressure ulcers deteriorate and become bone-deep infections, they can become life-threatening, potentially requiring the involvement of a wrongful death attorney, as is the case with the aforementioned resident at Hunter Woods.

Another instance of nursing home malpractice cited by North Carolina inspectors includes the hospitalization of a Hunter Woods resident with diabetes whose sugar levels had not been monitored and had soared to dangerous levels. After the resident’s admittance to the ICU, she was diagnosed with diabetic ketoacidosis, a serious condition that might result in coma or even death, leading bereaved family members in a position of having to hire a wrongful death attorney.

According to the article, a third Hunter Woods resident in her early 30s who arrived at the home after suffering a stroke, went three months with an undetected dislocated shoulder after suffering numerous falls at the home. This same resident, dependent on a feeding tube, at one point lost nearly forty pounds and suffered from malnutrition.

Nursing home falls are a sign of nursing home malpractice; likewise, malnutrition and dehydration suffered by residents is frequently the result of overworked staff in understaffed nursing homes and also evidence of nursing home malpractice.

In response to Hunter Woods’ failure to care for the woman with severe wounds, inspectors cited the nursing home with a “Level G” breach, a serious violation that indicates “actual harm” was done to a resident. Responding to the home’s nursing home malpractice as it relates to the resident with diabetic ketoacidosis, the home was cited by inspectors with the most severe violation: “immediate jeopardy to resident health or safety.”

Fighting against Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy is an experienced nursing home malpractice and wrongful death lawyer dedicated to protecting Philadelphia/PA and NJ nursing home residents from neglect and abuse within the homes where they live. Your loved one living in a Philadelphia/PA or NJ nursing home should live confidently without the worry of being abused or neglected or otherwise subjected to any kind of nursing home malpractice. Brian Murphy takes on Pennsylvania, Philadelphia, and New Jersey nursing homes for egregious acts of elder abuse, especially any incidence of nursing home malpractice that causes wrongful death. Attorney Brian Murphy is ready to discuss your legal options. If you or your loved one needs to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today.

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Death of Nursing Home Resident Due to Dishwashing Soap:

In a stunning incidence of nursing home malpractice that ultimately resulted in the wrongful death of one elderly resident, three California nursing home residents were hospitalized after being served dishwashing liquid instead of juice, says a recent CNN article.

In conjunction with the California Department of Social Services Ombudsman, the San Mateo Police Department has opened an investigation into the incident, which occurred late August at Atria Park, a San Mateo assisted living facility. Police had originally responded to a report that a poisoning had taken place at the assisted living facility, which occurred as a result of residents being served dishwashing liquid as a beverage. One of the three residents, a 93-year-old woman, was pronounced dead at the hospital. Atria Park’s parent company, Atria Senior Living, expressed condolences to the family of the deceased woman and called the incident a mistake in its statement to CNN. While complying with the police investigation, Atria is conducting its own internal investigation and has meanwhile suspended an undisclosed number of employees involved in the incident.

While the investigations are being conducted, it is possible only to speculate as to what led to the death of nursing home resident due to dishwashing soap poisoning; even if the incident were the result of a mistake, whatever factors that contributed to such a mistake equate to the kind of negligence that amounts to nursing home malpractice. Nursing home mistakes often come as a result of understaffing in facilities. If overwhelmed, even well-intended nursing home workers neglect the patients in their care, subjecting them to injuries that can lead to nursing home wrongful death and warrant the involvement of a wrongful death attorney. Such injuries can include the following:

• Nursing home falls
• Medication errors
• Nursing home malnutrition
• Nursing home dehydration
• Bed sores
• Nursing home infections

An abc7 News report reveals that Atria Park had been the subject of at least nine nursing home malpractice investigations since 2017. According to the article, records from the California Department of Social Services indicate that 12 complaints had been made against the facility prior to this latest incident. A few of the allegations of nursing home malpractice include the following:

• A resident who sustained multiple unexplained injuries: Nursing homes that neglect to provide residents with the necessary care, treatment, and supervision to avoid injuries can be held accountable for nursing home malpractice. Some serious injuries can lead to death, necessitating the involvement of a wrongful death attorney.
• Staff failing to meet medical needs, to transport residents to appointments, or to give medications as prescribed: Nursing homes must ensure residents receive the care and treatment they need. Neglecting these needs, or committing medication errors, are incidents of nursing home malpractice. When medical errors result in nursing home death, families are within their rights to contact a wrongful death attorney.
• Illegally evicting a resident- Nursing home residents have the right to remain in the nursing home unless the conditions for a valid transfer or discharge are met. Nursing homes that do not respect such rights of residents commit nursing home malpractice.

Protecting Your Loved One from Gross Negligence, Elder Abuse, and Wrongful Death

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. As a resident of a Philadelphia/PA or NJ nursing home, your loved one should be confident that his or her rights, protected under federal law, will be respected, not the least of which include the right to live without being subjected to nursing home abuse/neglect.  Brian Murphy has years of experience as a wrongful death attorney fighting negligent nursing homes and is committed to successfully resolving his clients’ cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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The Worst Nursing Homes in New Jersey Are Not Improving: Many of the New Jersey nursing homes ranked as the worst in the state have failed to improve their quality of care more than half a year since being told they need to improve or shut down, according to an article on NJ.com.

A recently released report by Acting State Comptroller Kevin Walsh says that nine of the 15 nursing homes identified in February as being repeatedly cited for serious health and safety issues associated with nursing home malpractice have shown no improvement. Although six homes did move off the list of worst homes, three others were recently added. The current 12 “worst homes,” operated by for-profit companies which “failed to improve conditions on a sustained basis for years,” currently receive $107 million per year in Medicaid funding.

According to the article, the 15 homes originally identified by the comptroller had yet to face consequences for nursing home malpractice that had been going on for years. As a result of February’s report, “quality incentive payments” to the homes were withdrawn by the New Jersey Department of Human Services; however, Medicaid reimbursements, which do not depend on quality of care, continue. This, said Walsh, makes providing poor care more profitable for nursing home operators.

All New Jersey nursing homes that received a one-star rating by the U.S. Centers for Medicare and Medicaid Services (CMS) between October 2020 and July 2022 were named in the report. The CMS star rating system awards five stars for the best performing nursing homes, and one star for much below average homes. Certain of the homes on the list had been receiving very low ratings for years. Several of them had Special Focus Facility (SFF) designations, indicating ongoing grave health and safety violations amounting to nursing home malpractice.

One of the facilities listed in the comptroller’s report was Woodland Behavioral and Nursing Center. The beleaguered nursing home, originally making headlines in April of 2020 following the discovery of a makeshift morgue containing 17 bodies, was shut down in August last month following several allegations of nursing home malpractice. Unfortunately, this report reinstates that the worst nursing homes in New Jersey are not improving.

Your Nursing Home Malpractice and Wrongful Death Attorney

With several years’ experience as a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. Your loved one should be confident that his or her needs and rights, as protected under federal law, are met while living as a resident of a Philadelphia/PA or NJ nursing home. If you suspect nursing home malpractice has occurred at your loved one’s Philadelphia/PA or NJ nursing home, you should immediately contact a qualified nursing home malpractice or wrongful death attorney. Contact nursing home wrongful death attorney Brian P. Murphy today to discuss your legal options.

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Facilities in Some States Have Secured Immunity from COVID-related Lawsuits

According to an Associated Press news article, as of May 4, New York and New Jersey are among 15 states in the nation so far to provide nursing homes with emergency protection against lawsuits related to the coronavirus pandemic. A lobbying effort is underway in other states to secure governors’ orders or have laws enacted to provide legal immunity to nursing homes and long-term care facilities. Meanwhile, nursing home abuse attorneys and patient advocates claim that these immunity measures interfere with efforts to hold facilities responsible for problems that existed long before COVID-19 ravaged the nation’s care centers.

At the time of the article’s publication, over 20,000 American nursing home deaths had occurred as a result of the coronavirus, and in their wake lies the potential for a deluge of lawsuits. Positing that the unprecedented circumstances presented by the pandemic resulted in situations beyond their control, the nursing home industry—led by New York, where the bulk of the nation’s nursing home coronavirus deaths have occurred—claims it should not be held liable for such problems as PPE and testing shortages, reduced staff, and inconsistent orders from authorities.

Generally, among the states that have secured it, the immunity provisions relate to care decisions, injuries, and death that took place during the crisis and were not the result of gross negligence or willful misconduct. However, claims Toby Edelman of the Center for Medicare Advocacy, negligence suits will become difficult to argue as a result of the immunity provisions, as facilities can claim substandard care was the result of the coronavirus outbreak.

“Everything can’t be blamed on COVID-19,” said Edelman. “Other things can happen that are terrible.” That the industry is lobbying for legal protection during a time when the government inspections meant to ensure the quality and competency of elder care have been reduced and when relatives of residents have no physical access to their loved ones is, says Edelman, troubling.

The AP article states that the majority of American nursing homes (70 percent) are operated by for-profit companies, and private-equity firms have purchased and sold hundreds of the country’s 15,000 facilities in the past few years. According to Mike Dark, a California Advocates for Nursing Home Reform attorney, the move by the industry to secure immunity is about the bottom line: it has “everything to do with protecting the financial interests of these big operators.”

In spite of the immunity measures, suggests the Associated Press, litigation against nursing homes is forthcoming. Lawyers will strive to hold facilities accountable for the following actions: ignoring test results,failing to notify residents and family members about COVID outbreaks, and disregarding federal directives to restrict visitation, terminate group activities, and screen workers.

Committed to Holding Negligent Nursing Facilities Accountable

Sometimes a crisis shines a light on issues that have gone undetected for far too long. In these critical times, it’s crucial to ensure that your loved one’s Pennsylvania, Philadelphia, or New Jersey nursing home meets every standard for quality care. It’s important to remember that under-staffing and poor facility conditions amount to neglect. If you’re concerned about the quality of a Philadelphia/PA or NJ facility or you suspect neglect or abuse has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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Sub-par care and poor staffing are to blame, say health officials.

Skilled nursing homes and long-term care facilities are taking on a progressively larger role in the care of seriously ill patients who previously would have had prolonged hospital stays. According to a recent article in The New York Times, public health officials say these facilities are not succeeding in suppressing the spread of drug-resistant germs, including the fatal fungus Candida auris, that have affected hundreds of seriously ill nursing home patients.

The overuse of antibiotics has been blamed for the drug-resistance of certain irrepressible infections contracted by nursing home patients. Among these infections is C. auris, a highly contagious fungus that is particularly difficult to contain. It has affected nearly 800 Americans since arriving in the country four years ago, and half of those infected died within 90 days. According to health officials, the germs of C. auris and other drug-resistant infections can reside without symptoms on the skin or within the bodies of nursing home patients, making them easily—and invisibly—spread. The protocol for preventing the spread of these germs to other patients or to visiting family members requires unvarying diligence, and it is here, says the Times, where long term care and nursing facilities go wrong.

Due to financial incentives set by Medicare, nursing homes and long term care facilities accept severely ill patients with increasing frequency—including especially vulnerable patients on ventilators—even if these facilities are poorly staffed or ill equipped to handle them.  It is often instances of poor care and low staffing issues that interfere with a facility’s implementation of measures to mitigate the spread of infection:

• The invisible colonization of germs on or within patients’ bodies makes it easy for germs to spread to beds and rooms. The Times noted instances of failures to post warning signs outside of infected rooms to quarantine them.
• The containing of drug-resistant infections is often a matter of limiting the exposure of infected people; however, the article cited the cycling of infected people from facilities back into the hospital and again into nursing facilities.
• The most basic measures for hygiene play a significant role in preventing the spread of infection; nevertheless, in certain cases even the use of latex gloves, disposable gowns, masks, and hand sanitizer were forgone.

As a result of lapses in infection control measures, seriously ill patients—as well as their family, their friends, and the public at large—are at greater risk for contracting infections that are all but impossible to cure.

Ensure Your Loved One’s Facility Meets Staffing and Training Standards

When seeking a Pennsylvania, Philadelphia, or New Jersey nursing home, it’s important to be sure the facility is well staffed and properly trained in matters of contagious infections. If you are seeking an elder care facility for a loved one and need advice on how best to choose a Pennsylvania, Philadelphia, or New Jersey nursing home, or if you suspect staffing issues or poor care has led to an instance of neglect or abuse at a Philadelphia/PA or NJ facility where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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