dementia Archives | The Law Firm of Brian P. Murphy, PC https://www.thenursinghomeattorneys.com/category/dementia/ Protecting the Rights of the Elderly Fri, 04 Oct 2024 01:35:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://www.thenursinghomeattorneys.com/wp-content/uploads/2021/01/cropped-Screen-Shot-2021-01-17-at-10.02.02-PM-32x32.png dementia Archives | The Law Firm of Brian P. Murphy, PC https://www.thenursinghomeattorneys.com/category/dementia/ 32 32 Former Pennsylvania Nursing Home Aide Sentenced for Stealing Jewelry from Dementia Patients https://www.thenursinghomeattorneys.com/former-pennsylvania-nursing-home-aide-sentenced-for-stealing-jewelry-from-dementia-patients/ Thu, 19 Sep 2024 15:11:26 +0000 https://www.thenursinghomeattorneys.com/?p=5540 The Nursing Home Attorneys

Former Pennsylvania Nursing Home Aide Sentenced for Stealing Jewelry from Dementia Patients  In a shocking incident of nursing home malpractice, a former nursing aide of a Pennsylvania nursing home has been sentenced to time in jail for stealing jewelry from dementia patients, says an article on triblive.com. Christina Louise Ankney, of Allegheny County, has pleaded […]

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The Nursing Home Attorneys

Former Pennsylvania Nursing Home Aide Sentenced for Stealing Jewelry from Dementia Patients 

In a shocking incident of nursing home malpractice, a former nursing aide of a Pennsylvania nursing home has been sentenced to time in jail for stealing jewelry from dementia patients, says an article on triblive.com. Christina Louise Ankney, of Allegheny County, has pleaded guilty to two misdemeanor counts of theft and receiving stolen property related to two incidents that took place while she was subcontracted to work as an aide at Redstone Highlands in Murrysville, Pennsylvania.

According to the article, Ankney stole rings from two patients and later pawned them at a local pawn shop for cash. Two of the rings she’d pawned were wedding and engagement rings wrested from the fingers of a patient who suffered from a condition that left her hands in a constant state of contraction.

“For Ankney to steal the two rings…she would have had to forcefully pry (the victim’s fingers) open and physically keep them open long enough for her to pull the two rings from her fingers, a task that most likely caused (the victim) discomfort,” said an officer quoted in the criminal complaint about the incident of nursing home malpractice.

A tip to police about the pawning led authorities to identify the missing rings and confirm Ankney as the person who had pawned them.

As penalty for the theft equating to nursing home malpractice, Ankney was sentenced to serve 306 days to 23 months in jail and to pay $9,500 in restitution to one victim’s family and $130 to Redstone Highlands.

Beyond this incident of nursing home malpractice, Ankney is separately the subject of a federal indictment for allegedly stealing mail while employed by the U.S. Postal Service in 2022.

Nursing home theft is a type of nursing home abuse, and when it happens, an incident of nursing home malpractice has occurred. If you suspect your loved one living in a nursing home has been victimized by nursing home theft, don’t hesitate to report it. For any questions about what to do if you suspect elder abuse or what steps to take if you need a wrongful death attorney, you should contact a nursing home malpractice attorney immediately.

Fighting Against Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy endeavors to protect the safety and rights of Pennsylvania, Philadelphia, and New Jersey nursing home residents. Your loved one living in a Pennsylvania, Philadelphia, or New Jersey nursing home should not need to worry that his or her person items are at risk of being stolen or that he or she should be subjected to any sort of nursing home malpractice, especially any sort that would require securing a wrongful death attorney. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy holds accountable those Philadelphia/PA or NJ nursing homes responsible for every kind of negligence and abuse. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today.

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Indiana Nursing Home Worker Charged with Attempted Rape of Dementia Patient https://www.thenursinghomeattorneys.com/indiana-nursing-home-worker-charged-with-attempted-rape-of-dementia-patient/ Wed, 17 Apr 2024 23:35:43 +0000 https://www.thenursinghomeattorneys.com/?p=5471 The Nursing Home Attorneys

Indiana Nursing Home Worker Charged with Attempted Rape of Dementia Patient The employee at Indiana’s RiverOaks Health Campus barricaded the door to the room where he had led his elderly victim and was discovered in a state of undress, say investigators of the shocking event of nursing home malpractice. A male employee of an Indiana […]

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Indiana Nursing Home Worker Charged with Attempted Rape of Dementia Patient

The employee at Indiana’s RiverOaks Health Campus barricaded the door to the room where he had led his elderly victim and was discovered in a state of undress, say investigators of the shocking event of nursing home malpractice.

A male employee of an Indiana nursing home has been accused of attempted rape of a nearly 90-year-old resident with dementia, says a Newsweek article.

Jeffrey Harvey, a floor technician at RiverOaks Health Campus in Indiana’s Gibson County, has been charged with one felony count of attempted rape of a mentally disabled person after Princeton Police Department investigators responded to a report by facility staff members about the January 22 incident of nursing home malpractice.

According to Newsweek, in the report one nursing home official claimed to have seen Harvey speaking with an elderly female resident, who suffers from dementia, as she watched television. Another employee said Harvey appeared as if he were going to kiss the woman. When Harvey led the woman to her room, the witnesses had reportedly gone in search of a nurse. When they came across the door to the victim’s room, it was not only closed, but obstructed by a chair from the inside. After some effort the door was forced open, at which time they discovered the victim undressed and Harvey with his pants removed. Harvey later confessed to police that he’d intended to have sex with the elderly resident.

Sexual assaults can, and unfortunately sometimes do, occur in nursing homes. By definition sexual assault is a type of nursing home malpractice, and specifically of elder abuse, in that it is an intentional and harmful act carried out by individual against an elderly person as well as possibly an act of negligence on the part of a nursing home. If loved ones of elderly nursing home residents notice in them signs of abuse—such as unexplained injuries or abrupt changes of temperament or depression—and suspect that nursing home malpractice has occurred, they should immediately contact a nursing home malpractice attorney.

According to Newsweek, RiverOaks released the following statement about the incident: “The safety and wellbeing of our residents is at the forefront of everything we do at RiverOaks Health Campus. On January 22nd, staff identified, intervened, and reported an incident to authorities which occurred at the campus. An investigation is now in progress. We cannot comment any further but continue to remain committed to delivering excellence in care to each and every resident that calls RiverOaks home.'”

According to the article, a Level 3 rape felony conviction can mean a jail sentence of between three and 16 years, whereas a Level 1 rape felony conviction can result in a jail sentence of 20-40 years.

Your Advocate against Elder Abuse, Nursing Home Malpractice, and Wrongful Death

Attorney Brian P. Murphy is a seasoned nursing home malpractice lawyer and wrongful death attorney dedicated to preserving the rights and safety of nursing home residents in Philadelphia/PA and NJ nursing homes. Your loved one living in a Pennsylvania, Philadelphia, or New Jersey nursing home should confidently expect to live free from every sort of nursing home malpractice, and especially sexual assault or elder abuse. Brian Murphy holds Philadelphia/PA or NJ nursing homes accountable for any substandard care or abuse, particularly any incident of nursing home malpractice that results in 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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Dementia Residents Subjected to Improper Medication, False Diagnoses, and Neglect at Massachusetts Nursing Home https://www.thenursinghomeattorneys.com/dementia-residents-subjected-to-improper-medication-false-diagnoses-and-neglect-at-massachusetts-nursing-home/ Wed, 17 Apr 2024 23:12:30 +0000 https://www.thenursinghomeattorneys.com/?p=5476 The Nursing Home Attorneys

Dementia Residents Subjected to Improper Medication, False Diagnoses, and Neglect at Massachusetts Nursing Home A host of violations and “appalling” conditions amounting to nursing home malpractice were recently uncovered during an investigation at Bear Mountain Worcester nursing home. A two-year Disability Law Center investigation of a Massachusetts nursing home has revealed numerous violations related to […]

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Dementia Residents Subjected to Improper Medication, False Diagnoses, and Neglect at Massachusetts Nursing Home

A host of violations and “appalling” conditions amounting to nursing home malpractice were recently uncovered during an investigation at Bear Mountain Worcester nursing home.

A two-year Disability Law Center investigation of a Massachusetts nursing home has revealed numerous violations related to nursing home malpractice, says a Boston 25 News article. According to the DLC, the multiple Nursing Home Reform Act violations found during the investigation of Bear Mountain Worcester from October 2021 to October 2023 stem from understaffing and lack of clinical expertise—nursing home malpractice issues that are common among for-profit healthcare providers like Bear Mountain. Boston 25 says nearly two-thirds of Massachusetts’s nursing homes are for-profit.

According to the article, the neurobehavioral unit of Bear Mountain was especially impacted by the acts of nursing home malpractice. Residents of this unit, who suffer from dementia, anxiety, depression, brain injuries, and trauma, were discovered to have been regularly treated with a range of antipsychotics and other psychotropic medications. Some were given “questionable” schizophrenia diagnoses. The DLC also said that there was evidence of “minimal engagement with patients in the neurobehavioral unit;” the facility furthermore had no trained/credentialed psychiatric nurses, psychologists, or psychiatric and neurological consultations.

The issuing of false diagnoses and the inappropriate administration of antipsychotics or psychotropics to elderly residents are both acts of nursing home malpractice falling under the umbrella of nursing home medication errors. Giving the wrong medication in order to chemically restrain a dementia patient to make him or her easier to deal with not only violates that resident’s rights, but is also a dangerous practice that can lead to the following serious issues:

Attorneys who handles matter of nursing home malpractice ought to be contacted if it is suspected that distribution of inappropriate medication is taking place in a nursing home. In the event of an accidental death related to medication errors, it will unfortunately be necessary to contact a wrongful death attorney.

Beyond the above violations, the article also stated that Bear Mountain was accused by guardians and families of nursing home infections throughout the facility, filthy communal spaces, and even rodent infestation.

“The conditions at Bear Mountain have been appalling,” said DLC Executive Director Barbara L’Italien. “It has been a dire situation, and we must hold the Commonwealth accountable for its duty to inspect and ensure proper care in these facilities.”

Holding Nursing Homes Responsible for Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy is a nursing home malpractice lawyer and wrongful death attorney committed to upholding the rights and safety of Philadelphia/PA and NJ nursing home residents. Your loved one living in a Pennsylvania, Philadelphia, or New Jersey nursing home should never be subjected to any sort of nursing home malpractice, including medication errors and false diagnoses. Brian Murphy holds accountable those Philadelphia/PA or NJ nursing homes responsible for elder abuse or neglect, particularly any incident of nursing home malpractice that results in 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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Tennessee Nursing Home Resident with Dementia Dies after drinking Laundry Detergent https://www.thenursinghomeattorneys.com/tennessee-nursing-home-resident-with-dementia-dies-after-drinking-laundry-detergent/ Mon, 15 Jan 2024 16:15:43 +0000 https://www.thenursinghomeattorneys.com/?p=5418 The Nursing Home Attorneys

Tennessee Nursing Home Resident with Dementia Dies after drinking Laundry Detergent: The wrongful death lawsuit brought against Prosperity Pointe, an assisted living and memory care facility in Knox County, claims negligence amounting to nursing home malpractice resulted in the resident’s death. A nursing home malpractice and wrongful death lawsuit has been brought against a Tennessee […]

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Tennessee Nursing Home Resident with Dementia Dies after drinking Laundry Detergent:

The wrongful death lawsuit brought against Prosperity Pointe, an assisted living and memory care facility in Knox County, claims negligence amounting to nursing home malpractice resulted in the resident’s death.

A nursing home malpractice and wrongful death lawsuit has been brought against a Tennessee nursing home after a resident with dementia drank laundry detergent and died, says a news article on wbir.com. According to the complaint filed against Knox County’s  Prosperity Pointe by the deceased’s family, negligence on the part of the assisted living and memory care facility created the circumstances under which Benny McDaniel died of poisoning from drinking laundry detergent.

According to the lawsuit, on March 19, McDaniel, who was diagnosed with both Alzheimer’s and dementia and resided on the memory care floor at Prosperity Pointe, gained access to the laundry room as the result of a broken door and drank laundry detergent. McDaniel died of poisoning on March 28. The complaint argues that since the facility was aware of the broken door, it thereby “created the dangerous condition” that enabled McDaniel to access the laundry detergent. This careless act of nursing home malpractice by Prosperity Pointe, says the lawsuit, demonstrated “intentional and reckless disregard for safety” and amounts to negligence according to Tennessee law.

The article referenced an American Association of Retired Persons (AARP) health article on dementia patients that outlines the risks laundry detergent, especially laundry pods that might resemble candy, poses to dementia patients. According to the AARP article, 75 percent of deaths associated with highly concentrated detergents are dementia patients.

Nursing homes are required by law to meet the care needs of each of its residents. This requirement includes providing safe conditions for residents, particularly those living with Alzheimer’s or dementia, who need specialized care and attention. Not meeting the care needs of residents or abusing their rights equates to nursing home malpractice; furthermore, if a nursing home resident with dementia suffers injuries as a result abuse or neglect, a nursing home malpractice claim may need to be filed against the nursing home or a member of its staff. In the event of a resident’s death resulting from nursing home malpractice, a wrongful death attorney should be contacted. If your loved one has dementia and you have concerns about his or her care and safety in the nursing home, contact a nursing home malpractice attorney immediately.

According to the WBIR article, a 2022 investigation of Prosperity Pointe turned up deficiencies related to vaccine documentation, missing signatures on reviews, incomplete or incorrect resident records, and hot water temperatures. The article went on to say that in 2020 the facility  was fined $10,000 after a hospice patient with dementia was found dead in his room with his head stuck between the bed rail and the mattress.

Advocating for Dementia Patients against Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy’s law practice is dedicated to holding Pennsylvania, Philadelphia, or New Jersey nursing homes accountable for acts of negligence, abuse, and other types of nursing home malpractice, including such acts against residents with some form of dementia. Your loved one living in a Philadelphia/PA or NJ nursing home should be secure in the knowledge that his or her rights will be upheld and that he or she can live free from the fear of abuse or neglect. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy is dedicated to protecting the health, security, and well-being 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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Virginia Nursing Home Employee Charged with Battering Resident with Dementia https://www.thenursinghomeattorneys.com/virginia-nursing-home-employee-charged-with-battering-resident-with-dementia/ Sun, 07 Jan 2024 20:03:42 +0000 https://www.thenursinghomeattorneys.com/?p=5427 The Nursing Home Attorneys

Battering a Resident with Dementia Charged to Virginia Nursing Home Employee Camera footage reveals a nursing home worker grabbing an elderly resident’s wrists, engaging in verbal abuse, and otherwise committing nursing home malpractice at Brickyard Healthcare in Richmond, Virginia. A now-former employee at a Virginia nursing home has been charged with battering a resident following […]

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Battering a Resident with Dementia Charged to Virginia Nursing Home Employee

Camera footage reveals a nursing home worker grabbing an elderly resident’s wrists, engaging in verbal abuse, and otherwise committing nursing home malpractice at Brickyard Healthcare in Richmond, Virginia.

A now-former employee at a Virginia nursing home has been charged with battering a resident following multiple incidents of nursing home malpractice captured on video, says an article on Pal Item. Cody A. Madden, 33, since fired from his position as a certified nurse’s aide at Brickyard Healthcare in Richmond, faces felony charges of battery against an endangered adult after allegedly having “verbally accosted and possibly physically battered” a male resident.

According to the article, the camera that recorded footage of a staff member identified to be Madden was installed by the alleged victim’s daughter, who had suspected nursing home malpractice was taking place against her father. The captured video shows the alleged victim, who reportedly suffers from dementia, enduring various episodes of verbal abuse and having his wrists seized by Madden. According to the daughter, the act left bruises on her father’s wrists.

Among the verbal abuse equaling nursing home malpractice reportedly captured on the video is Madden calling the elderly man a “punk” and telling him he had come to his room “to set you straight” and threatening to shove his foot inside the man “so high that I’ll be wearing you as a slipper, man.”

Verbal and physical nursing home abuse are common types of nursing home malpractice that unfortunately occur all too frequently against the vulnerable elderly in nursing home facilities. Verbal abuse—such as yelling at, threatening, or belittling nursing home residents—is a type of psychological abuse of that causes fear, distress, or humiliation in residents. If you notice a sudden uncharacteristic change in your loved one—such as agitation, worry, or depression—it is possible this type of nursing home malpractice has occurred. Similarly, there are signs to look out for that your loved one is being physically abused in his or her nursing home, such as the following:

  • unexplained bruises, wounds, or burns
  • unexplained bone breaks or other injuries
  • a sudden change in behavior, like agitation, depression, or violence

Such injurious nursing home malpractice can be extremely dangerous to vulnerable residents, leading to hospitalizations or even death, requiring the involvement of a wrongful death attorney.  If you suspect these or any types of nursing home malpractice are occurring, don’t wait to contact a nursing home malpractice or wrongful death attorney.

Holding Homes Responsible for Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy has years of experience fighting to protect Philadelphia/PA and NJ nursing home residents from neglect and abuse. As a nursing home malpractice and wrongful death attorney, Brian Murphy upholds the rights of your loved one to live free from abuse, neglect, or any kind of nursing home malpractice while living in a Pennsylvania, Philadelphia, or New Jersey nursing home.  Brian Murphy takes on Philadelphia/PA or NJ nursing homes for egregious acts of elder abuse, especially events of nursing home malpractice that cause 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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Resident-on-Resident Attacks on the Rise in New Jersey Nursing Homes https://www.thenursinghomeattorneys.com/resident-on-resident-attacks-on-the-rise-in-new-jersey-nursing-homes/ Tue, 04 Apr 2023 18:14:46 +0000 https://www.thenursinghomeattorneys.com/?p=5344 The Nursing Home Attorneys

Resident-on-Resident Attacks on the Rise in New Jersey Nursing Homes: With the increased number of residents with dementia in New Jersey nursing homes corresponds a growth in occurrences of resident-on-resident nursing home abuse. According to a NJ Advance Media article, resident-on-resident attacks in New Jersey nursing homes are trending upwards, particularly in dementia wards. In […]

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Resident-on-Resident Attacks on the Rise in New Jersey Nursing Homes: With the increased number of residents with dementia in New Jersey nursing homes corresponds a growth in occurrences of resident-on-resident nursing home abuse.

According to a NJ Advance Media article, resident-on-resident attacks in New Jersey nursing homes are trending upwards, particularly in dementia wards. In the article, New Jersey State Long-Term Care Ombudsman Laurie Facciarossa Brewer said that resident-on-resident assault incidents went up from 259 to 456 from fiscal year 2021 to fiscal year 2022, and are already showing an uptick for 2023. As only a portion of incidents are reported to the state agency, the actual number for the state might be higher.

NJ Advance Media conducted an examination of abuse reports against New Jersey nursing homes that revealed a number of alleged incidents of violent, “out-of-control” resident-on-resident attacks initiated by residents with a history of verbal or physical aggression at the homes where they reside. According to the article, persons with dementia can experience confusion, agitation, and a tendency toward aggression, particularly late in the day and/or if the patient is coping with a urinary tract infection or taking multiple medications. Often, acts of aggression or violence are signs the person is not receiving proper supervision and care. Brewer said some cases revealed circumstances in which nursing homes had accepted individuals whose needs could not be met by the facility.

A violent incident involving two or more residents is known as resident-on-resident abuse. This type of nursing home abuse often occurs when nursing home staff neglects to provide adequate supervision and especially when staff fails to separate residents with violent tendencies from others. Failure to take the proper measure to avoid resident-on-resident abuse is an example of nursing home malpractice. Nursing home staff is required to have de-escalation training in order to diffuse potentially dangerous situations; moreover, nursing homes should take measures to separate aggressive residents from others to prevent injury, and document any incidents of aggression. Not doing these things indicates the kind of dangerous neglect that amounts to nursing home malpractice.

The article referenced the alleged assault and wrongful death of Clara Sutowski, who died in the hospital in January from blunt force trauma after being attacked by another resident at AristaCare at Cedar Oaks in South Plainfield. Sutowski’s death was ruled a homicide, and her alleged assailant has been charged with reckless manslaughter. AristaCare was cited with licensure violations related to Sutowski’s death. These citations of nursing home malpractice included the following failures of the facility:

  • A failure to ensure residents were not subjected to physical abuse
  • A failure to “supervise and monitor a resident who had prior aggressive behaviors”
  • A failure to protect residents from experiencing physical resident-on-resident abuse

When resident-on-resident violence directly causes death—as in the case of Sutowski—and the facility where the resident resides has failed to take the necessary precautions to avert violence and injury, it is strongly possible that nursing home wrongful death has occurred. In these circumstances, or in any situation where the death of a resident appears to have resulted from nursing home malpractice, an experienced skilled wrongful death attorney should immediately be contacted.

Fighting Elder Abuse, Nursing Home Malpractice, and Wrongful Death

An experienced nursing home malpractice and wrongful death attorney, Brian P. Murphy diligently holds Philadelphia/PA and NJ nursing homes responsible for nursing home abuse and neglect. Residents of Philadelphia/PA or NJ nursing homes should feel safe within the facilities in which they live, and should expect their rights guaranteed under federal law to be upheld.  Having practiced for years as a wrongful death attorney, Brian Murphy fearlessly confronts negligent nursing homes and steadfastly pursues the successful resolution of 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

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Two New Jersey Nursing Home Residents with Dementia Die Following Brutal Resident Assaults https://www.thenursinghomeattorneys.com/two-new-jersey-nursing-home-residents-with-dementia-die-following-brutal-resident-assaults/ Fri, 17 Feb 2023 20:39:05 +0000 https://www.thenursinghomeattorneys.com/?p=5317 The Nursing Home Attorneys

Two Dementia Patients Die Following Brutal Resident Assaults in New Jersey Nursing Home: Investigations are underway at two nursing homes in Central Jersey where violent resident-on-resident attacks led to the deaths of two 91-year-olds in January, says an article on NJ1015.com. Set in neighboring counties and owned and operated by separate nursing home owners, AristaCare […]

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The Nursing Home Attorneys

Two Dementia Patients Die Following Brutal Resident Assaults in New Jersey Nursing Home:

Investigations are underway at two nursing homes in Central Jersey where violent resident-on-resident attacks led to the deaths of two 91-year-olds in January, says an article on NJ1015.com. Set in neighboring counties and owned and operated by separate nursing home owners, AristaCare at Cedar Oaks in South Plainfield and Complete Care in Westfield were the sites of the deadly resident assaults; in both cases the victims were patients being treated for dementia.

According to the article, the details of the assaults leading the wrongful death of the two dementia patients, both nonagenarian, are as follows:

  • Clara Sutkowski, a dementia patient at AristaCare, was assaulted on January 16 by an 81-year-old man with a history of combative behavior. Sutkowski’s assailant struck her in the head and knocked her to the floor, resulting in an untreatable brain bleed. Sutkowski died three days later at Robert Wood Johnson University Hospital, where the county medical examiner ruled her death a homicide.
  • Herman Walker, a resident with dementia at Complete Care, was reportedly attacked in his bed by a roommate, a 61-year-old man who also had dementia. After being hospitalized for about two weeks, Walker succumbed to his injuries, just a day after Sutkowski’s death.

With the investigations still underway for both incidents, no official charges of wrongful death or nursing home malpractice have been filed by attorneys at this time. Both the Middlesex County Prosecutor’s Office and the Union County Prosecutor’s Office are investigating the respective incidents. The families of the victims are meanwhile waiting for explanations as to whether nursing home malpractice has played a role; Complete Care stated in a letter sent to families of residents that staff response to its incident was done “swiftly and responsibly” and that all “policies, procedures, and protocols to ensure resident safety” were followed.

A violent incident involving two or more residents is known as resident-on-resident abuse. This type of nursing home abuse often occurs when nursing home staff neglects to provide adequate supervision and especially when staff fails to separate residents with violent tendencies from others. Failure to take the proper measures to avoid resident-on-resident abuse is an example of nursing home malpractice.

When the violent actions of one resident directly causes the death of another—as was the circumstance in the homicide of Clara Sutkowski and appears to be the case with Herman Walker—and it is furthermore shown that the nursing home failed to take the necessary steps to avoid the violent actions, it is very likely that nursing home wrongful death has occurred. In such cases, or in any event where nursing home malpractice is suspected to have brought about the death of a nursing home resident, an experienced skilled wrongful death attorney should immediately be contacted.

Fighting Elder Abuse, Nursing Home Malpractice, and Wrongful Death

As a seasoned nursing home malpractice and wrongful death attorney, Brian P. Murphy has spent years holding Philadelphia/PA and NJ nursing homes responsible for nursing home abuse and neglect. Residents of Philadelphia/PA or NJ nursing homes should feel secure in expecting their rights guaranteed under federal law will be upheld at the facilities in which they live.  Having practiced for years as a wrongful death attorney, Brian Murphy fearlessly confronts negligent nursing homes and steadfastly pursues the successful resolution of 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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Nursing Homes Are Increasingly Using Epilepsy Drugs to Chemically Restrain Residents with Dementia https://www.thenursinghomeattorneys.com/nursing-homes-are-increasingly-using-epilepsy-drugs-to-chemically-restrain-residents-with-dementia/ Wed, 14 Dec 2022 02:56:17 +0000 https://www.thenursinghomeattorneys.com/?p=5288 The Nursing Home Attorneys

Nursing Homes Using Epilepsy Drugs to Chemically Restrain Residents with Dementia: A new government study indicates that anti-seizure medications usually reserved for epilepsy patients are increasingly being used by nursing homes to sedate dementia patients, says a Washington Post article. Recent concern over inappropriate use of antipsychotic medications in elderly nursing home residents with dementia […]

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Nursing Homes Using Epilepsy Drugs to Chemically Restrain Residents with Dementia:

A new government study indicates that anti-seizure medications usually reserved for epilepsy patients are increasingly being used by nursing homes to sedate dementia patients, says a Washington Post article.

Recent concern over inappropriate use of antipsychotic medications in elderly nursing home residents with dementia has resulted in in the formulation of government policies against the practice; however, the study, conducted by the Office of Inspector General (OIG) for the Department of Health and Human Services to examine drug prescribing patterns in nursing homes from 2011-2019, shows a new trend of increased prescribing of epilepsy drugs.

Echoing this report is a second one recently published in the Journal of the American Geriatrics Society, which shows an increase in anti-seizure prescriptions in nursing homes.

The OIG study included another finding: that in nursing homes with low-income residents where registered nurses worked shorter shifts, a greater proportion of psychotropics such as antipsychotics and anticonvulsant medications were used. This trend, the study indicates, might suggest a cause for inappropriate use of these medications

At issue, the article says, is the matter that powerful drugs are being used to sedate dementia patients in order to make caring for them easier rather than to preserve their safety—a measure known as “chemical restraint” that amounts to the kind of poor care that is considered nursing home malpractice.

Federal law guarantees the rights of all nursing home residents, including the right for individual dignity and the right to receive the kind of care that promotes quality of life. Drugging residents with dementia to make their care more convenient for nursing homes upholds neither those residents’ dignity nor their quality of life, and instead amounts to nursing home malpractice.

The use of psychotropics has not been approved as a treatment for dementia that results from brain diseases or Alzheimer’s or other brain diseases. Even though it is permissible for physicians to prescribe drugs for conditions outside their approved use, antipsychotics and anticonvulsants put elderly dementia patients at risk for dangerous side effects. Antipsychotics can cause strokes, heart attacks, and diabetes in dementia patients; anti-seizure medications can cause pancreatic inflammation and liver toxicity. For this reason their inappropriate use can be seen as nursing home malpractice.

Psychotropic drugs cause sedation, which puts elderly residents at higher risk of the following:

  • BedsoresHeavy sedation can leave dementia patients practically immobilized. Prolonged periods without moving is a primary cause of bedsores which, if not tended to quickly, can escalate into serious infections or even wrongful death.
  • Nursing Home Falls The heavy drowsiness produced by antipsychotic drugs often results in increased rates of nursing home falls that result in serious injuries, and even death, which necessitates the involvement of a wrongful death attorney.
  • Wrongful Death – Studies indicate that elderly dementia patients using antipsychotics are twice as likely to suffer wrongful death, requiring the intervention of an attorney.

David Gifford, chief medical officer of the American Health Care Association/National Center for Assisted Living, responded in an emailed statement to the Washington Post that the hope is to continue combating nursing homes using epilepsy drugs inappropriately, drug use that equals nursing home malpractice.

“We ardently support increasing education about the proper use of psychotropic drugs among nursing home residents with dementia and have asked CMS and others to expand its outreach to physicians, hospitals, community settings, and families,” Gifford said.

Protecting Your Loved One’s Dignity, Quality of Life, and Safety

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. You should feel confident that your loved one living in a Philadelphia/PA or NJ nursing home need not fear nursing home malpractice or the possibility of wrongful death. With extensive experience as a wrongful death attorney fighting negligent nursing homes in Pennsylvania and New Jersey, Brian Murphy is committed to successfully resolving his clients’ nursing home malpractice 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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Sexual Abuse of Three Residents Deliberately Suppressed by Bucks County Nursing Home Administrators, Say Prosecutors https://www.thenursinghomeattorneys.com/sexual-abuse-of-three-residents-deliberately-suppressed-by-bucks-county-nursing-home-administrators-say-prosecutors/ Mon, 27 Jun 2022 20:07:50 +0000 https://www.thenursinghomeattorneys.com/?p=5139 The Nursing Home Attorneys

Sexual Abuse of Residents Suppressed by Nursing Home Administrators: Prosecutors have charged two administrators at The Landing of Southampton with failure to report abuse, nursing home neglect, and other offenses. Information related to the sexual abuse of three nursing home residents with dementia by another resident was withheld by two former administrators at a Bucks […]

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The Nursing Home Attorneys

Sexual Abuse of Residents Suppressed by Nursing Home Administrators: Prosecutors have charged two administrators at The Landing of Southampton with failure to report abuse, nursing home neglect, and other offenses.

Information related to the sexual abuse of three nursing home residents with dementia by another resident was withheld by two former administrators at a Bucks County nursing home, says the Philadelphia Inquirer.  According to a probable cause affidavit filed in their arrests, Ashley Harker and Joy Alfonsi, respectively the former general manager and former director of health and wellness at The Landing of Southampton, have been charged with neglect of a care-dependent person, failure to report abuse, recklessly endangering another person, and related offenses. Prosecutors say the pair knew about incidents of abuse but failed to notify county officials or the victims’ families about it.

According to the article, the sexual abuse suppressed by nursing home administrators occurred last July in common areas of The Landing and were witnessed each time by nursing home staff. Each incident involved the fondling or sexual assault of a female dementia patient by the same male resident, a man who also has dementia and does not face criminal charges. Every assault was halted by the intervention of an employee.

As a home accredited by the state Department of Human Services (DHS), The Landing was responsible for reporting the sexual abuse to the Bucks County Area Agency on Aging. Following mandated reporter guidelines after the first incident might have prevented the two subsequent assaults, said State Attorney General Josh Shapiro, whose office is prosecuting this case. Instead, said the affidavit, Harker and Alfonsi prevented employees from documenting the sexual abuse. Declaring they themselves would report the abuse, the two former administrators altered or omitted the details of the assaults from the documents they submitted.

“The defendants were responsible for the safety and well-being of the residents in their care,” Shapiro said. “But instead of protecting their residents, they sought to cover up incidents of sexual abuse of residents that occurred under their watch.”

According to the article, Harker, 37, and Alfonsi, 47, were both fired from the home last fall and replaced with new managers. The investigation led the DHS to revoke The Landing’s certificate of compliance in the spring. The home will operate on a provisional license until October.

Recognizing the Signs of Nursing Home Sexual Abuse

Incidents of nursing home sexual abuse do unfortunately occur in forms ranging from sexual harassment, to groping, to rape. Nursing home residents’ loved ones should be cognizant of certain signs that nursing home sexual abuse has transpired, such as the following:

  • Genital bruises or scratches and unexplained bleeding
  • An abrupt change in demeanor or behavior, particularly new fear or anxiety
  • An onset of severe depression

 

Making Safety a Priority for Your Loved One

Determining the quality and safety of the Philadelphia/PA or NJ nursing home where your loved one lives is essential. Meeting health and safety standards and to ensuring the physical, mental, and psycho/social well-being of their residents is a requirement to which Pennsylvania and New Jersey nursing homes must adhere. Should you have concerns about the quality of care in a Pennsylvania or New Jersey nursing home, or if you suspect neglect, abuse, or fraud 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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White House Pledges New Efforts against Unnecessary Antipsychotic Drug Use in Nursing Home Dementia Patients https://www.thenursinghomeattorneys.com/white-house-pledges-new-efforts-against-unnecessary-antipsychotic-drug-use-in-nursing-home-dementia-patients/ Mon, 11 Apr 2022 21:31:41 +0000 https://www.thenursinghomeattorneys.com/?p=5061 The Nursing Home Attorneys

White House against Antipsychotic Drug Use in Nursing Home Dementia Patients: The use of antipsychotic drugs in elderly patients not diagnosed with schizophrenia falls into the category of nursing home medication errors, a common but lesser known aspect of nursing home neglect, and can lead to such serious issues as nursing home falls and nursing […]

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The Nursing Home Attorneys

White House against Antipsychotic Drug Use in Nursing Home Dementia Patients:

The use of antipsychotic drugs in elderly patients not diagnosed with schizophrenia falls into the category of nursing home medication errors, a common but lesser known aspect of nursing home neglect, and can lead to such serious issues as nursing home falls and nursing home infections such as bed sores.

Federal efforts toward thwarting inappropriate medical treatments for nursing home dementia patients will see a boost, according to a recent White House fact sheet. The fact sheet, issued on February 28, outlines a series of proposals for change in the nursing home industry, with the aim of improving safety, accountability, oversight, and transparency across the industry.

Coming as part of the Centers for Medicare & Medicaid Services (CMS) initiative to ensure nursing home residents receive the sort of safe, high-quality, and dignity-preserving care that taxpayer money aims to fund, the measure of further reducing antipsychotic drug use in nursing homes comes as a response to the tendency of some nursing homes to use antipsychotic drugs to make dementia patients calmer and easier to control. Providing the wrong medication to elderly nursing home residents—particularly those with dementia—can lead to grave and frequently life-threatening conditions. This kind of negligence falls into the category of nursing home medication errors.

A recent New York Times investigation revealed the frequency with which false diagnoses of schizophrenia has led to inappropriate use of antipsychotics for elderly patients. While just one in 150 people in the general population are diagnosed with schizophrenia, one in nine elderly nursing home residents receive the diagnosis, even though schizophrenia is typically diagnosed before age 40. The Times went on to report that, although Medicare data indicates that less than 15 percent of nursing home residents use antipsychotics, the true percentage as revealed by the Times investigation is closer to 21 percent. This number translates to about 225,000 elderly residents currently on antipsychotics.

White House against antipsychotic drug use in nursing home dementia patients due to the fact that antipsychotic drugs are not only inappropriate, but also dangerous, for non-schizophrenic elderly people with dementia, and have been linked with the following problems:

  • Nursing Home FallsThe drowsiness produced by antipsychotic drugs often results in increased rates of nursing home falls and consequential injuries.
  • Bedsores and Other Infections-The sedation effects of antipsychotics can leave dementia patients practically immobilized. Remaining in one position for prolonged periods in beds or wheelchairs is a primary cause of bedsores which, if not tended to quickly, can escalate into serious infections.
  • Increased Heart ProblemsAntipsychotics have been linked to heart problems in people with dementia.
  • Wrongful DeathClinical trials have revealed that, in elderly dementia patients using antipsychotics, the risk of death nearly doubled for older dementia patients using these medications.

According to the White House fact sheet, noting the continued inappropriate nursing home diagnoses and subsequent dispensing of unnecessary medications, CMS intends to launch new efforts to complement its current program, the CMS National Partnership to Improve Dementia Care in Nursing Homes, with the aim of decreasing the unsuitable use of antipsychotic medications and upholding person-centered care for people with dementia.

Securing Your Loved One’s Safety

Determining the quality and safety of the Philadelphia/PA or NJ nursing home where your loved one lives is essential. Meeting health and safety standards and to ensuring the physical, mental, and psycho/social well-being of their residents is a requirement to which Pennsylvania and New Jersey nursing homes must adhere. Should you have concerns about the quality of care in a Pennsylvania or New Jersey nursing home, or if you suspect neglect, abuse, or fraud 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.

The post White House Pledges New Efforts against Unnecessary Antipsychotic Drug Use in Nursing Home Dementia Patients appeared first on The Law Firm of Brian P. Murphy, PC.

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