WLLC Blog 
Nursing Home and Assisted Living Facility Abuse
- 1/3 of Nursing Home Residents Given Wrong Medication
- At least 1 out of every 3 Nursing Home Residents Suffer Malnutrition
- Poor hygiene is sign of nursing home neglect
- How do you file a complaint against a Virginia Nursing Home?
- Uplifting Story About a Nursing Home Patient Getting Excellent Care
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Nursing Home and Assisted Living Facility Abuse
1/3 of Nursing Home Residents Given Wrong Medication
A recent study found nearly 1/3 of nursing home residents received the wrong medication in one year. We represent victims of medications who sustain serious injuries.At least 1 out of every 3 Nursing Home Residents Suffer Malnutrition
A new study on malnutrition in the elderly found that between 35% and 85% of nursing home residents suffer from malnutrition.Poor hygiene is sign of nursing home neglect
Leaving a nursing home patient in soiled clothes, diapers, and bedsheets is not only neglectful, it is also a warning sign that the patient may be at risk for other forms of neglect including infections, pressure ulcers, and malnutritionHow do you file a complaint against a Virginia Nursing Home?
Nursing homes in Virginia are regulated by the Virginia Department of Health. For information on filing a complaint go to http://www.vdh.virginia.gov/olc/complaint/ or call 1-800-955-1819.Uplifting Story About a Nursing Home Patient Getting Excellent Care
Here is an uplifting story about a 40 year old who unexpected finds herself in a nursing home. The story shows that there are no excuses for nursing homes that faile to provide excellent care.Warning Signs of Nursing Home Abuse
Families must be on the alert for signs of nursing home abuse and neglect. Two key signs of abuse and neglect are pressure ulcers and unexplained weight-loss.Woman Sexually Assaulted in Hampton Nursing Home
A 55 year old nursing home resident has been arrested for sexually assaulting another resident in a Hampton, Virginia nursing home.Medication Errors in Nursing Homes
Medication errors are prevalent in nursing homes. A study in North Carolina found almost 11,000 medication errors in only nine months.Civil Penalties Against Assisted Living Facilities
Virginia assisted living facilities are regulated by the Department of Social Services. A facility violates the regulations can be fined up to $10,000.Virginia Ranks No. 2 in Nation in Assisted Living Facility Beds
Assisted living facilities are an increasing popular option for Virginians. Unfortunately residents are at risk of injury or death because assisted living facilities are poorly regulated.How you do investigate complaints against nursing homes?
Through the Freedom of Information Act any person can obtain copies of complaints filed against a nursing home.Resident on Resident Violence in Nursing Homes
Nursing homes are legally responsible to protecting residents from violent acts by other residents.Nursing Home Patients Abused by Other Patients
Nursing homes have an obligation to protect their patients from abuse from other patients.What are the chances that you will become a nursing home patient?
According to our government, 70% of people over 65 will require nursing home care at some point in their lives. How much will it cost? Currently nursing home care averages almost $70,000/year. Click here to read the statistics.The implications of these statistics are scary. It means that unless we die young we will be spending at least part of our "golden years" in a nursing home at tremendous costs. The nursing home industry would like us to believe that means we will be eating in a restaurant-like setting, all of our needs will be met with the simple press of a call bell, and we will wake up each morning looking forward to stimulating activities.
While there are nursing homes that live up to those expectations, far too many nursing homes are profit driven and provide insufficient staff to meet the needs of their residents. That leaves many nursing home residents isolated in their rooms and at risk for malnutrition, dehydration, pressure ulcers (also called bed sores or decubitus ulcers), and other serious injuries.
Each of us can be part of the solution. We can lobby Congress to enact laws making it illegal to under-staff a nursing home. We can support non-profit nursing homes. Lastly, we can hold nursing homes accountable. At Williamson & Lavecchia, we have established a website devoted to holding nursing homes accountable. On the website you can read about pressure ulcers, malnutrition, medication errors, falls, and other serious and preventable injuries.
If you would like to discuss your situation with a lawyer please call us at (804) 288-1661 or click here to contact us via email. We represent victims of nursing home abuse, assisted living facility neglect, medical malpractice and other serious injuries throughout Virginia.
With best regards,
Joshua Silverman
Ever wonder what life is like in a nursing home? Read this
The New York Times published a great article about medical students who volunteer to experience life as a patient in a nursing home. They went to nursing homes with a mock illness or disability like a stroke and had to live life as a patient. The students experienced everything nursing home patients endure ranging from full body checks for pressure ulcers to learning how to man
euver a wheelchair in a small room.
The experience should help these future doctors better understand the struggles their patients will experience. Imagine being trapped by a stuck wheelchair and out of reach of your call bell. Or needing to use the bathroom and no one is available to assist you. Those are some of the struggles and adjustments nursing home patients endure.
I commend these future doctors for taking a very unusual approach to better understand their patients. I have no doubt that their future patients will reap the benefits of their experience.
Click here to read the article.
Please feel free to comment on this article.
Regards
Josh Silverman
(804) 288-1661
New Nursing Home Guidelines Focus on Quality of Life
T
he Center for Medicare and Medicaid Services (CMS) just issued new guidelines aimed to improve the quality of life for nursing home patients. The guidelines call for added focus on making the nursing homes more "home-like" and feel less like an institution. For example, nursing homes should eliminate overhead pages and allow residents to choose their own daily schedule. The bottom line is that nursing homes should treat their residents with dignity. A copy of the new guidelines can be read in our online library by clicking here.
My take: This is a positive step, but far more needs to be done. Our population is aging and more of us will be spending at least part of our "golden years" in a nursing home. Nursing homes should be places where residents are well cared for, provided with stimulating activities, and are treated with respect. Nursing home residents should not have to fear being neglected and deprived of their basic rights.
In our experience, far too many nursing home patients spend their final days suffering from dehydration, malnutrition, and pressure ulcers. If you believe a loved one is a victim of nursing home abuse or neglect in Virginia please call us at (804) 288-1661 or click here to email us. We represent clients throughout Virginia including in Richmond, Henrico, Chesterfield, Petersburg, Charlottesville, Hampton Roads, and northern Virginia.
CNAs are Underpaid and Overworked
Imagine working in a job where you have 50% chance of getting injured each year. Imagine being paid so poorly you can not afford to participate in an employer sponsored health plan. Imagine working under tireless conditions for 10 years and only being paid $2/hour more than your co-workers who have worked only one year.According to an article in The Gerontologist, those are the working conditions of an average nursing home CNA. Of course certified nursing assistants (CNA) are the primary direct care givers for the 1.5 million Americans living in nursing homes. I encourage you to follow this link to read this shocking article: http://gerontologist.oxfordjournals.org/cgi/reprint/49/2/185.
A few other statistics: Over 30% of nursing home CNAs receive some type of government assistance. The median income is $10.04/hr.
These poor working conditions are not just unfair to the CNAs, they lead to poor patient care. Because of the low pay, CNAs commonly work multiple jobs. As stated in the article "working long hours may contribute to mistakes, affecting resident safety and quality of care." For the nursing home patient, that means increased risk of pressure ulcers, malnutrition, dehydration, falls, and medication errors. Senior citizens deserve better!
Joshua Silverman
Video Surveillance in Nursing Homes
I just learned that a delegate in the Nevada legislature has introduced a bill to permit surveillance in nursing homes. The bill was prompted by outrageous cases of abuse and neglect of patients including stuffing a diaper in the mouth of a patient. I've commented on the use of "granny cams" in previous posts. In the past I've commented that I'm on the fence about whether they should be used because of concerns of privacy of nursing home patients who lack the capacity to consent to video surveillance. However, the longer I have been litigating nursing home abuse and neglect cases in Virginia the more I feel that families need tools like surveillance to protect their loved ones.What do you think?
Regards,
Joshua Silverman
Fairness in Nursing Home Arbitration Act
Imagine a loved one is seriously injured or dies as a result of nursing home neglect and you learn that you have no right to file a lawsuit against the nursing home. To say you'd be shocked and outraged is probably an understatement. Yet it happens all the time. Nursing homes routinely have new patients sign arbitration agreements that prevent the nursing home from being sued and being held fully accountable in a courtroom.The Fairness in Nursing Home Arbitration Act has been reintroduced to Congress. Click here to read the Act on the Library of Congress website. If enacted, nursing home arbitration agreements would become unenforceable if signed before the patient becomes injured.
What do you think about the proposed law? I welcome your comments.
If you would like more information about the rights of nursing home patients please call us at (804) 288-1661 or click here to contact us by email. You can also learn more at our Elder Abuse and Neglect website.
Regards,
Joshua Silverman
Should surveillance cameras be permitted in nursing homes?
They are nicknamed "granny cams" and more people are asking about them. With the prevalence of nursing home abuse and neglect families are looking for innovative ways to protect their loved ones. Since no one can be at the nursing home all the time, many would like to resort to cameras to keep an eye on their loved ones.
Nursing homes frequently ban the cameras. There are good arguments on both sides of the issue. Nursing homes point to the right of privacy of the residents and their roommate.s They argue that many residents lack the competence to consent to the cameras. On the hand, families have a very legitimate interest in protecting their loved ones from abuse and neglect.
A cottage industry has developed selling "granny cams" that can be hidden inside air purifiers, alarm clocks,
There currently is no law in Virginia requiring nursing homes to permit family members to install "granny cams."
What do you think: Should Virginia enact a law to require nursing homes to permit "granny cams?" Please send me an email with your thoughts or comments.
Joshua Silverman
Maggot Therapy For Pressure Ulcers
Imagine a nursing home patient is transferred to the emergency room. The ER nurse or doctor removes a soaked bandage to find a large pressure ulcer that has been infected with maggots. Yes it happens and more often than anyone would like to think. Now if that is not shocking enough, when the patient's family files a lawsuit against the nursing home the nursing home claims the maggots were therapeutic, because maggots eat dead and infected tissue. Believe it or not that is a common defense.
Photos of maggots in pressure ulcers are frankly too gruesome for the website, but for anyone who has heard of but never seen a maggot, below is a photo of two maggots. As you can see they are about 1/2 the diameter of a penny.
The theory that maggots are effective treatments for pressure ulcers has been put to the test. Attached is a Reuters article about a controlled study of 267 patients with ulcers on their legs. They were divided into two groups. One group received "maggot therapy" and the other received traditional treatment. The patients with maggot therapy did not heal any quicker and they suffered worse pain than those receiving traditional treatment.
If you or a family member has suffered from pressure ulcers acquired in a hospital, nursing home, or assisted living facility, you are invited to contact us for a free consultation. We represent victims of medical malpractice, nursing home abuse, and other serious injuries throughout Virginia.
Regards,
Joshua Silverman, Esq.
Minimal Staffing Requirements for Nursing Homes
Yesterday evening I was speaking to a group of senior citizens at a Triad meeting in Madison County, Virginia about the rights and remedies for nursing home residents. One of the best questions asked was what are the minimal staffing requirements for nursing homes in Virginia. In other words if there are 60 patients on a nursing home wing, how many nurses and nursing assistants (CNA) must the nursing home provide?The answer shocked the crowd. Neither Virginia nor federal law provides for a minimal staffing requirement. Unlike day care centers for children, there is no regulation on the number of nurses and CNAs that must be on duty at nursing homes.
The tougher question is why do daycare centers have minimal staffing requirements and nursing homes do not? In both settings the people being cared for are dependent on the employees for their health and welfare. The difference is lobbying. The nursing home industry is a multi-billion dollar industry and growing. The industry has a slew of highly paid lobbyists who oppose minimal staffing requirements because increasing staffing levels cuts into profits.
If you or a loved one is a victim of nursing home neglect, please contact us to discuss your legal rights. In fact we have a website devoted to right of victims of elder abuse. You are welcome to call us at (804) 288-1661 or click here to email us for a free consultation.
With best regards,
Joshua Silverman
Nursing Home Patient Freezes To Death
An 87 year old Alzheimer's patient was supposed to be kept in a secured unit. Instead she was found in the snow outside of the nursing home on a day when the high temperature was 27 degrees. She died of hypothermia. How she got outside is still under investigation. The nursing home claims that the doors had properly functioning alarms.This tragedy shows the importance of nursing homes having sufficient qualified staff to care for their residents. Alzheimer's patients have special needs requiring the staff to ensure that they are properly fed, hydrated, and kept in a secure environment.
This tragedy reminds me of a client we represented several years ago. She was a resident of an assisted living facility in Richmond, Virginia. Unknown to her family, the assisted living facility had been cited several times for failing to provide sufficient heat for its residents. One morning the resident was found in an unheated room with a body temperature of 84 degrees. She was transported to the hospital and placed in intensive care. Unfortunately, she died two weeks later from her injuries. The case settled the night before trial.
For more information about the rights of the elderly in nursing homes and assisted living facilities, please visit www.virginia-elder-abuse-law.com. If you would like a free consultation click here to email us or call us at (804) 288-1661. We represent victims of medical malpractice and nursing home home abuse throughout Virginia.
Regards,
Joshua Silverman
Nursing Home Aide Charged with Abuse
A nursing home aide has been charged with abusing and sexually assaulting a patient. The aide is accused of fondling a blind man while bathing him. I should point out at the start that most nursing home employees are dedicated to the well-being of their patients. However, nursing home patients are extremely vulnerable to mental, physical and sexual abuse and nursing homes must take reasonable steps to protect their patients. Their vulnerability comes from the fact that most patients suffer from illnesses and physical disabilities that limit their ability to speak out and protect themselves. That is coupled with the fact that many patients require partial or total assistance with bathing, toileting, and dressing.Nursing homes can minimize the risk of physical, mental, and sexual abuse of their residents by taking reasonable steps to protect them. For one, they can check the online sexual predator registries before hiring. Secondly, they can obtain the criminal records of potential employees. Just as importantly, they must supervise and monitor their employees. All complaints and allegations of abuse need to be taken seriously. Just because a patient suffers from confusion does not mean that their allegations should be disregarded.
The case that I am referencing occurred in Oklahoma, but Virginia is not immune to these types of crimes. A few years ago a patient at a Richmond area nursing home was sexually assaulted by an aide who was subsequently convicted in Henrico Circuit Court.
If a loved one has been abused in a Virginia nursing home, please contact us by email or call us at (804) 288-1661 for a free consultation. We represent victims of nursing home abuse and neglect throughout Virginia including in Richmond, Henrico, Chesterfield, Fredericksburg, northern Virginia, Hampton Roads, and Charlottesville.
Sincerely yours,
Attorney Josh Silverman
Half of all Richmond Nursing Homes Rated 1 Star
As you may have heard Medicare is now rating nursing homes on a scale of 1 to 5 stars. This morning I searched for all nursing homes in a 25 mile radius of our office in Henrico County. The search showed that there are 25 nursing homes in the area. Most astonishing 13 of the 25 nursing homes earned only 1 star! Two nursing homes earned only 2 stars. At the same time only one facility, Children's Hospital, earned five stars.
People can argue about the significance of the star ratings. The nursing homes defend themselves by arguing that the ratings reflect past mistakes, and do not reflect future performance. By theory they may have a point. A nursing home that has neglected patients in the past can turn itself around. Hopefully, the rating system will provide a strong incentive for nursing homes to improve care so they can improve their grade.
In my opinion, the star ratings are an important tool for families to assess the quality of nursing homes. The star ratings both help families find good nursing homes and they also help families monitor the quality of care their loved ones are receiving.
An important question is if a family member is injured in a nursing home, does the star ratings prove negligence? The answer is that it can help prove that the nursing home was negligent. For example, if the nursing home received a low star because they were cited for neglecting your loved one, we can issue a Freedom of Information Act (FOIA) request for the investigative papers from the Department of Health including notes of interviews with staff members. Even if the poor rating is not based on the care of your loved one, it may show a pattern of understaffing, false documentation of medical records, malnutrition, pressure ulcers or falls.
Ultimately, if your loved one has been injured or neglected in a nursing home, the star ratings is a tool for you to use to learn whether the nursing home has been complying with federal and state regulations. For more information about nursing home malpractice, please click here to visit our nursing home abuse and neglect website.
If you believe a loved one is a victim of nursing home abuse and neglect, please contact us by email or call us at (804) 288-1661 to discuss your legal rights. Unfortunately, Virginia has a short statute of limitations so time is of the essence.
Regards,
Josh Silverman
Williamson & Lavecchia, L.C.
6800 Paragon Place
Suite 233
Richmond, VA 23230-1652
Phone: (804) 288-1661
Fax: (804) 282-1766
News
- Josh Silverman Lectures at a Recent Nursing Home Conference
- Williamson & Lavecchia, L.C. Launches Nursing Home Abuse and Neglect Website
FAQs
Nursing Home and Assisted Living Facility Abuse
- How do I file a complaint against a Virginia Nursing Home?
Where can I learn more about nursing home abuse and neglect?
- How can I find out if a nursing home has been cited by the Department of Health?
- Should an adult home be restraining its residents?
- Is an adult home legally responsible for crimes committed against its residents?