Desperate to learn the truth, the family of an 84-year-old resident of a Kentucky nursing home hid a video camera in the resident’s room after discovering dozens of bruises all over her body and not receiving satisfactory answers from the staff. Read the full article here. The videotape captured the staff “pulling the resident out of bed by…
A licensed practical nurse at a Virginia nursing home has just pleaded guilty to sexually assaulting a female comatose resident. Read the full article here. The resident had been at the home for about a year and the nurse was found assaulting her by another employee. As I have stated in other posts, especially in situations where your…
The Consumer Product Safety Improvement Act of 2008 (CPSIA) was signed into law on August 14, 2008. The CPSIA establishes consumer product safety standards and other safety requirements for children’s products and “reauthorizes” and “modernizes” the Consumer Product Safety Commission. It is a very strong law involving harsh civil and criminal penalties for those who violate it. Read all…
The Illinois State Police is instituting a new speed policy that calls for a “four tier response code system” beginning January 1, 2009. Read the facts of the new policy here. After two sisters were killed when an Illinois State Police Trooper’s squad car crossed an I-64 median last November, Illinois State Police felt it was time to institute a policy…
An Arizona nursing home was found with more than two dozen violations and has agreed to pay the State $17,500 in civil penalties as a result notes the Arizona Daily Star. According to the article, among the violations noted, including a failure to protect its elderly residents from sexual abuse, state inspectors found that the…
As one recent article points out, the holiday season is the time of year nursing home residents receive the most visits and loved ones should take careful note of any signs of abuse or neglect–especially bed sores. Bed sores are preventable, are not normal, and command immediate attention. If your loved one seems “distant” or has any bruising,…
At trial time, Defendants may make a motion before the Court to exclude gruesome photographs of injuries. However, simply because the photograph(s) may be gruesome and possibly cause prejudice in the minds of the jury is no reason to exclude the photograph(s). See e.g. Burnett v. Caho, 7 Ill.App.3d 266, 272 (3rd Dist. 1972). Admissibility is…
It is critical that a nursing home and its staff take careful note of patients with conditions that could lead to elopement / wandering resulting in injury or even death. Dementia and Alzheimer’s are two critical conditions that staff must treat carefully. Recently, a man who suffered from dementia wandered from a nursing home and was…
As noted in a recent N.Y. Times Article, the Department of Health and Human Services (“HHS”) noted that over 90% of U.S. nursing homes were cited for federal health and safety standards violations last year–and notably, for-profit homes had more problems. The report by HHS noted issues with pressure sores (also known as bed sores or decubitus ulcers), medication…
In a well-written article by the New Jersey Lawyer, the old saying rings true: If you want to win over the jury, keep it simple. Jurors don’t want to hear long dissertations on the law with “high-brow” words and fancy legal terms; jurors want to hear plain, everyday language–and in short statements or arguments. One attorney…