California Nursing Home Abuse Lawyers Blog

A West Virginia jury has awarded slightly more than $90 million to the family of an elderly nursing home resident who died due to the nursing home's negligence.

The woman was dehydrated, unable to feed herself, and described by the family's nursing home abuse lawyer as in a "comatose" condition--all this after only being in the nursing home for three weeks.The woman was able to talk and walk with a walker before entering the facility.

The woman, who suffered from Alzheimer's disease, was taken to a hospital due to her very poor health and died almost immediately.

The $90 million was awarded for economic and punitive damages, but is subject to reduction by the trial court and could be also be appealed.

One of the most pervasive and dangerous forms of nursing home abuse is that of neglect. Malnutrition, dehydration, and bedsores, to name a few, are some of the dangerous consequences of nursing home staff failing to meet the basic physical needs of nursing home residents.

Continue reading "$90 Million Verdict For Nursing Home Abuse and Neglect" »

Early this year, the Tennessee Supreme Court in a 12-page decision delivered a virtually complete victory to the family of a 57-year-old woman who died after a four-month stay at a Chattanooga nursing home.

The suit charged that Martha French, who had suffered a debilitating stroke, developed pressure sores or ulcers that, because of poor care, became infected, leading to her death from sepsis.

The decision reversed most of an unfavorable appeals court decision and concluded that French's family could pursue medical malpractice and negligence claims against Stratford House, a 127-bed nursing home. That meant that all of the family's claims would not be placed under the strict requirements of the state medical malpractice law.

In addition, the court ruled that the family could pursue negligence claims based on violations of state and federal regulations and under the state Adult Protection Act.

But even as lawyers assessed the victory, a move was afoot to undo it.

Despite protests from some legislators and advocates for the eldery, the nursing home provisions in the tort reform bill included a key provision that brings all claims against nursing homes under the strict limits of the medical malpractice law, eliminating separate claims for negligence and requiring plaintiffs to provide certification that the care provided did not meet local standards. Punitive damages also are limited to $500,000 or two times the pain and suffering claims. Claims under a protection from abuse also will be blocked.

Lawyers who regularly take nursing home negligence and malpractice cases say the new law completely reverses the French decision.

"I think it is going to effectively weaken protection for vulnerable adults. There will be much less accountability," says the Plaintiffs' bar.

Continue reading "Tennesse Limits Nursing Home Abuse and Neglect Awards" »

Dehydration occurs when ones body does not have as much water and fluids as it should. Dehydration can be caused by losing too much fluid, not drinking enough water or fluids, or both. Diarrhea and vomiting are two of the most common causes. Malnutrition is the condition that occurs when your body does not get enough nutrients. Dehydration and Malnutrition have become huge problems in nursing homes, due to high susceptibility of the elderly.

Physiologic changes related to aging make an elderly adult more prone to dehydration. They have about 1/10 less body fluid than a younger adult. The sense of taste diminishes with age, food may become unappetizing. Consequently, they may eat less and use more salt, raising the body's need for water. At the same time, however, their thirst response may diminish, so they may not recognize the need to drink more. For these reasons, an elderly adult may become severely dehydrated very quickly, before they feel thirsty or anyone notices symptoms.

Continue reading "Dehydration and Malnutrition Pose Huge Problems In Nursing Homes" »

This list of nursing home neglect symptoms includes persistent infections, poor hygiene, bed sores also known as decubitus ulcers and pressure ulcers, dehydration and malnourishment. Because many signs of nursing home neglect may be dismissed as signs of old age, individuals who have made the difficult decision of placing a loved one in a nursing home should be aware of the signs which may indicate a nursing home resident is being neglected. .

In addition to malnourishment, poor hygiene and infections, there are many other nursing home neglect signs. Bedsores may indicate that a nursing home resident is being neglected, as elderly patients should be routinely turned to avoid the development of pressure sores and decubitus ulcers. Dehydration may also present itself as a sign of nursing home neglect if the nursing home staff fails to address the dietary and hydration needs of its residents. Lastly, if a resident is frequently falling in a nursing home, this may indicate that he or she is not being properly supervised by the staff.

Continue reading "Nursing Homes Routinely Have Issues With Infections, Malnourishment, Dehydration and Bed Sores says California Nursing Home Abuse and Neglect Lawyer Steven Peck" »

Dehydration occurs because there is too much water lost, not enough water taken in, or most often a combination of the two.

Diarrhea: Diarrhea is the most common reason for a person to loose excess amounts of water. A significant amount of water can be lost with each bowel movement. Worldwide, more than four million children die each year because of dehydration from diarrhea.

Vomiting: Vomiting can also be a cause of fluid loss and it is difficult for a person to replace water by drinking it if they are unable to tolerate liquids.

Sweat: The body can lose significant amounts of water when it tries to cool itself by sweating. Whether the body is hot because of the environment (for example, working in a warm environment), intense exercising in a hot environment, or because a fever is present due to an infection; the body uses a significant amount of water in the form of sweat to cool itself. Depending upon weather conditions, a brisk walk may generate up to 16 ounces of sweat (a pound of water) to allow body cooling, and that water needs to be replaced.

Diabetes: In people with diabetes, elevated blood sugar levels cause sugar to spill into the urine and water then follows, which may cause significant dehydration. For this reason, frequent urination and excessive thirst are among the early symptoms of diabetes.

Burns: Burn victims become dehydrated because the damaged skin cannot prevent fluid from seeping out of the body. Other inflammatory diseases of the skin are also associated with fluid loss.

Inability to drink fluids: The inability to drink adequately is the other potential cause of dehydration. Whether it is the lack of availability of water or the lack of strength to drink adequate amounts, this, coupled with routine or extraordinary water losses can compound the degree of dehydration.

Continue reading "What Causes Dehydration?" »

The family of an 82-year-old man is suing A nursing home for wrongful death says California Nursing Home Abuse and Neglect lawyer Steven Peck.

The complaint alleges that the elder died after suffering severe malnutrition and dehydration, which is a common complaint in Nursing homes.

The nursing home was severely understaffed just before the elder's death, states Peck Law Group Elder Abuse Attorney Steven Peck.

Continue reading "Nursing Home Malnutrition and Dehydration Causes Wrongful Death of Elders" »

A nursing home falsified medical records to make it seem as if their family member had been checked on more than he actually was in a recent matter handled by the Peck law Group. It was also claimed that the elder victim was suffering from malnutrition and dehydration while supposedly being cared for by nursing home staff members. All of the neglect in care was due in large part to the understaffing at the facility, caused by the owner's drive for maximized profits.

Many of the most common signs of poor nursing home care were exhibited here: bedsores, malnutrition and dehydration, and understaffing. Of course, when employees attempt to falsify medical records at a facility, it becomes increasingly difficult to prove misconduct. It is often a real struggle to get at the truth in these situations, which is why it is vital to contact experienced Peck Law Group Nursing home lawyers to help if you or your loved one has been hurt by poor care at one of these facilities.

Continue reading "Falsification of Nursing Home Records Constitutes Nursing Home Abuse and Neglect" »

A elder abuse suit is being filed based upon claims that a skilled nursing facility is responsible for a family member's death.

Recently, a resident elder, was admitted to a Nursing & Rehabilitation Center according to a complaint filed with the Superior Court indicates Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck.

The Elder resident suffered fractures, dehydration, infections and pneumonia while she was a resident of the nursing home, causing death, according to the suit.

The defendants failed to take reasonable steps to prevent, eliminate, and correct deficiencies and problems in resident care; failed to properly assess, for the risk of development of pressure sores and infection; failed to provide a proper mattress and bedding including protective devices and pressure relief devices; and failed to provide the elder with adequate and appropriate wound care, including timely dressing changes, so as to prevent the aggravation and deterioration of pressure sores..

Continue reading "Skilled Nursing Facility Responsible For Neglect Due to Pressure Sores, Infections, and Dehydration According to Van Nuys Nursing Home Abuse and Neglect Lawyer Steven Peck" »

Elder Abuse and neglect is a widespread problem, and the fact that abuse of the elderly often goes unreported is particularly tragic. We must understand Elder Abuse if we are to stop it says San Diego Elder Abuse Lawyer Steven Peck.

The Causes of Elder Abuse are numerous, including:

* Understaffed Nursing Homes
* Underqualified Employees
* Overworked Employees
* Caregiver Stress
* Caregiver Frustration

These can occur in even the best Nursing Homes and Elder Care Facilities. One of the keys to preventing Elder Abuse and Neglect is knowing its signs. Some of the most basic signs of Elder Abuse include:

* Unexplained injuries or bruises
* Over or under medication
* Visible cuts, bruises, or welts
* Rapid weight loss or weight gain
* Dehydration, malnutrition, and bedsores
* Unsanitary living conditions
* Infections
* Broken bones
* Sudden death

Continue reading "Elder Abuse is Severely Under Reported says Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck" »

A woman is suing HCR Manorcare after she claims her family member was neglected while he was a resident.

Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Heartland of Beckley WV, LLC; HCR Manorcare West Virginia Properties, LLC; Jo Claire Hanshew; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Beckley) were also named as defendants in the suit.

Arcel Rose was a resident of the defendants' nursing facility from 2006 through 2009, according to a complaint filed March 28 in Kanawha Circuit Court.

Angela Black claims Rose was neglected while living in the nursing home and died March 5, 2009.

Black claims the defendants caused Rose's accelerated health and physical condition deterioration beyond that caused by the normal aging process, which caused physical and emotional trauma, including dehydration, malnutrition, infections, pressure sores and death.

The defendants caused Rose to lose his personal dignity and extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, disfigurement and emotional trauma, according to the suit.

Continue reading "Elder Suing Manorcare for Dehydration, Malnutrition, Infections, Pressure Sores and Wrongful Death says California Nursing Home Abuse and Neglect Lawyer Steven Peck" »

The degree of dehydration is graded according to signs and symptoms that reflect the amount of fluid lost indicates Van Nuys Nursing Home Abuse and neglect lawyer Steven Peck.

In the early stages of dehydration, there are no signs or symptoms.
Early features are difficult to detect but include dryness of mouth and thirst.

As dehydration increases, signs and symptoms develop. These include: thirst, restless or irritable behaviour, decreased skin turgor, dry mucous membranes, sunken eyes, sunken fontanelle (in infants), and absence of tears when crying vigorously.

Symptoms of early or mild dehydration include:flushed face
extreme thirst, more than normal or unable to drink
dry, warm skin
cannot pass urine or reduced amounts, dark, yellow
dizziness made worse when you are standing
weakness
cramping in the arms and legs
crying with few or no tears
sleepy or irritable
unwell
headaches
dry mouth, dry tongue; with thick saliva.

In severe dehydration, these effects become more pronounced and the patient may develop evidence of hypovolaemic shock, including: diminished consciousness, lack of urine output, cool moist extremities, a rapid and feeble pulse (the radial pulse may be undetectable), low or undetectable blood pressure, and peripheral cyanosis. Death follows soon if rehydration is not started quickly.

Symptoms of moderate to severe dehydration include:
low blood pressure
fainting
severe muscle contractions in the arms, legs, stomach, and back
convulsions
a bloated stomach
heart failure
sunken dry eyes, with few or no tears
skin loses its firmness and looks wrinkled
lack of elasticity of the skin (when a bit of skin lifted up stays folded and takes a long time to go back to its normal position)
rapid and deep breathing - faster than normal
fast, weak pulse

Continue reading "Certain Signs That Evidence Symptoms of Dehydration Indicate Nursing Home Abuse and neglect" »