Articles Posted in Nursing Home Abuse or Neglect

The nursing home abuse trial for former Corpus Christi nursing home owner began last week. According to NBC News, this 69 year old woman, Najmeh Griffin, has been charged with abusing the elderly patients at her assisted living facility. She has been accused of putting urine and feces-filled bags around the necks of two of her patients. The Corpus Christi Caller-Times reports that Griffin put these bags on her patients to punish them for soiling themselves, and left these individuals in a restroom where they were eventually found by an employee.

Further investigations into Najmeh Griffin and her husband’s facility revealed that the assisted living home violated many state standards. Investigators reported that patients were regularly subjected to abuse: physical, verbal, and neglect. The Griffins had two elderly facilities; one was an assisted living home and the other an adult day care. Both facilities are the subject of a criminal investigation citing their noncompliance with state safety standards. Both of the Griffin’s facilities have been shut down.

While this case represents and extreme example of nursing home abuse, where actual physical violence threatened the health and safety of nearly 55 patients, sometimes negligence on the part of a nursing home can be just as harmful. LawyersandSettlements.com states that nursing home neglect can often go unreported, because it isn’t as obvious as physical abuse. However, emotional, psychological, and financial abuse and exploitation are extremely frequent occurrences.

It is crucial to learn to recognize signs of nursing home abuse and to learn one’s rights under elder care laws. If a loved one of yours is in an assisted living situation, be sure to keep an eye out for certain warning signs such as: behavior or personality change, depression, anxiety, unexplained accidents or injuries, bed sores resulting from infrequent movement on a nursing home bed, muscle atrophy, burns, fearfulness, rapid weight loss, unwarranted use of physical restraints, unexplained venereal disease or bruising in areas surrounding genitalia. You can also visit Texas’ Office of the Attorney General’s website at https://www.oag.state.tx.us/elder/select.shtml for more information on your rights when looking for a satisfactory nursing home.

Nursing home abuse and neglect cases can be complicated, so it is best to use a lawyer who is familiar with nursing home laws and regulations. Borchardt Law Firm has over 20 years of experience representing victims of nursing home abuse. Don’t wait until it’s too late to contact a lawyer and learn about your rights.

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According to the Associated Press, government investigators with the Office of the Inspector General recently found that billions of taxpayer dollars to Medicare have ended up in the hands of sub-standard nursing home facilities. Although it is legally required for a nursing home to submit to the government detailed treatment plans for every patient, many were found to be either falsifying such documents, consciously creating insufficient plans, or acting in a way contradictory to their treatment plans. Medicare then reimbursed those nursing homes for their treatments, even though the actual care received was poor in quality. It has been reported that in one out of every five nursing home stays, the patient’s health had not been properly addressed in their treatment plan. This finding is shocking for a patient who might believe that government oversight would only allow Medicare to reimburse reputable and quality nursing home practices.

This discovery has raised considerable questions about Medicare’s oversight practices that have allowed payment to go to nursing homes that could potentially be harming their patients. Though Medicare has promised to ramp up supervision and incentive measures for nursing homes to utilize good treatment practices, the effects of such measures could take months or years to appear. Borchardt Law Firm is committed to working for the rights of nursing home abuse victims. One cannot rely on a false security that a “top-notch” nursing home provides quality care, or that the government is doing enough to ensure that nursing homes comply with federal standards.

Nursing home abuse is still a major problem in the state of Texas; there is lax oversight and enforcement of state and federal standards, and nursing homes often avoid facing major consequences for their actions (or inaction). Our firm has long been a supporter of those who have encountered nursing home abuse or neglect. In fact, Borchardt Law Firm has recently seen major success in the representation of a victim of nursing home abuse and neglect. This wonderful success demonstrates our dedication to seeking justice for victims of nursing home abuse. No one wants to entrust a loved one into someone else’s care, only to find that they have been systematically abused or neglected. Borchardt Law Firm is the firm to right these wrongs for victims and their families.

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When it comes to nursing homes, several difficult decisions must be made. Deciding when to move a loved one into a nursing home is a strenuous process, we all want the best for our family and need to consider several things when it comes to finding the right home. Unfortunately, one important area that needs to be considered when finding the right home is nursing home abuse and neglect. Sadly, it is much more common than we think. Several homes across the U.S. are deciding if they want cameras placed in all rooms of nursing homes, hoping to prevent any abuse or neglect.

In 2009, the public was informed about one of the largest nursing home abuse cases the U.S. has seen. In Arlington, Virginia, close to a dozen employees at the Potomac Center nursing home were indicted on multiple charges of abuse and neglect. Complaints ranged from un-changed diapers to never being fed. When one woman became aware of how her husband was being treated in the home, her attorney asked her if she would allow the FBI to put a surveillance camera in her husband’s room at the center. After agreeing to add surveillance, solid evidence was caught on tape. With the addition of the surveillance camera, 11 employees were indicted on charges including neglect, forgery to assault, and battery, the most serious charge being a nurse holding a pillow over the patients face. (read full story)

After reviewing the case, attorneys and the public have stated this kind of behavior can be found at several nursing homes across the U.S., supporting the idea that all homes need to have surveillance cameras in order to keep their patients safe. Many cases of nursing home abuse and neglect go un-reported, leaving patients at risk for further abuse. Signs of abuse and neglect can vary among each patient differently; if you have a loved one in a nursing home, make sure to be aware of any signs or symptoms they may have that reflect abuse or neglect. To read about the obvious and less obvious signs of abuse or neglect click here.

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Deciding when to move a loved one into a nursing home is a difficult decision. We all want the best for our family, and need to consider several things when it comes to picking the right home. Unfortunately, nursing home abuse and neglect is more common than we think.

Every year numerous nursing home abuse or neglect cases go unreported. In February of 2009, a report done by CBS News came out that showed in just two years, 1999 – 2001, “5,283 — over 30 percent — of the nursing homes in the U.S. were cited for an abuse violation. Over 2,500 of the violations were serious enough to cause actual harm or to place residents in immediate jeopardy of death or serious injury.” (read full story) At Borchardt Law Firm we wish that no family has to ever experience nursing home abuse or neglect, help prevent abuse or neglect by knowing the warning signs that you can look for when you’re loved one is in a home.

According to the Nursing Home Abuse Center signs of abuse to look for include:

Obvious signs:
• unusual bruising or bleeding
• open wounds, sores or cuts
• burns and abrasions
• sudden and unexplained change in weight
• soiling, poor hygiene, smell of urine or feces
• infections
• loss of hair
• torn, stained, or bloody clothing or bedding
Less obvious signs:
• listlessness or unresponsiveness
• infantile or other strange behaviors
• physical or emotional withdrawal
• disappearance of personal items
• sudden and unusual financial transactions

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Searching for the right nursing home for your loved one? Don’t let nursing home abuse or negligence occur. Take a look at the top 10 most recommended nursing homes across Texas. Based on research from the U.S. News, each home is rated by health inspections, nursing staff and quality measures.

Top 10 Nursing Homes Across Texas

1. Afv I Health Care Center – San Antonio, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 82
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

2. Kerens Care Center – Kerens, Texas.
• Medicare/Medicaid: Both
• Number of beds: 66
• Continuing-care retirement community: No
• Ownership: For-profit
3. Wesley Court Methodist Retirement Community – Abilene, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 29
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

4. Anderson Nursing Center – Grand Saline, Texas.
• Medicare/Medicaid: Both
• Number of Beds: 76
• Continuing-care retirement community: No
• Ownership: For-profit
5. Brownwood Regional Medical Center – Brownwood, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 20
• Continuing-care retirement community: No
• Ownership: For-profit
6. CC Young Memorial Home – Dallas, Texas.
• Medicare/Medicaid: Both
• Number of beds: 88
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

7. Christus Spohn Hospital Corpus Christi – Corpus Christi, Texas.
• Medicare/Medicaid: Both
• Number of beds: 88
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

8. Country Village Care – Angleton, Texas.
• Medicare/Medicaid: Both
• Number of beds: 136
• Continuing-care retirement community: No
• Ownership: For-profit
9. Emeritus At Spicewood Springs – Austin, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 46
• Continuing-care retirement community: No
• Ownership: For-profit
10. Goodall Witcher Nursing Facility – Clifton, Texas.
• Medicare/Medicaid: Medicaid
• Number of beds: 43
• Continuing-care retirement community: No
• Ownership: Nonprofit (corporate)

To read each individual review and ratings please visit the U.S. News Homepage.

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Picking a nursing home for your loved ones can be a very challenging process. Sometimes you may think, “I need a nursing home lawyer.” Our firm, Borchardt Law Firm, offers these suggestions in the hopes of avoiding nursing home abuse or neglect. Sadly, we have seen and dealt with many cases involving nursing home neglect and abuse. We want to help out in any way we can to avoid these outlaws. Of course, these steps will not guarantee a good outcome. Our first recommendation is to visit the state website to compare facilities that you are considering. The Texas Department of Aging and Disability (DADS) is responsible for licensing and overseeing long term care nursing facilities. The department inspects the facilities and issue reports commonly known as “state reports” or “inspection reports.” DADS maintains a comparison of all facilities licensed in Texas. The DADS website is a great place to start your search for an acceptable nursing home.

After visiting the DADS website and completing your research we recommend you always visit the facility before making a decision. Finding the right nursing home may take time, be certain that both you and your loved one feel comfortable about the decision. Here are a few recommendations we suggest while visiting the facility.

1. Take your time to see if the facility is clean and acceptable.
2. Ask the facility to review their last inspection report or state report.
3. Take a look at their food menu and taste the food.
4. Look around to determine whether there are enough people, nurses and nurse aides to care for the residents.
5. If you can, visit with some residents
After visiting the facility, get to know the staff and which physician will be responsible for your loved one. Many times, your family physician(s) will not be responsible for the care of your loved one at a nursing home, so be sure to meet and get to know your new physician and nurses. You can then do a preliminary background check on that physician by going to the Texas Board of Medical Examiners website.

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