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Tag Archives: Maryland Nursing Home Abuse Lawyer

Should Senior Citizens Be Locked Out of the Courtroom? Legislators Say NO!

Dementia, Legislation

Should Senior Citizens Be Locked Out of the Courtroom?  Legislators Say NO!

In the current session of the New York Legislature law makers of both parties are working together to pass some common sense legislation that will help elderly crime victims.  Because of their age, illnesses, or position in nursing homes, some members of the elderly population have difficulty performing many of the day-to-day tasks many of us take for granted. It is those vulnerabilities that no only make them targets for criminals, but also make it more difficult for them to seek justice against those who commit crimes against them.

Many of the eight proposed bills focus on the financial exploitation of the elderly, including taking credit card or social security information, contractors taking money for work and then not finishing a job and those who manipulate people who are not of sound mind to promise them financial gains.

The bills also create new protocols for the elderly to be involved in court cases. In one of the better suggestions, New York lawmakers have proposed to make it easier for the older adult to come to the court. This bill would allow a caregiver to join the elderly person at court and help them with simple things such as turning pages, or assisting with a hearing aid. Caregivers would not be permitted give answers for the elderly in the court room and they would be required to maintain the secrecy of the proceedings. The proposed legislation also would allow prosecutors to preserve the testimony of witnesses over the age of 75 because of the waiting periods that occur before trails commence.

These potential new laws were the result of a study conducted before this legislative session that revealed the extent to which elderly adults are subject to financial exploitation and criminal abuse.

Far too often legislators introduce bills under the guise of helping senior citizens when they know that the reality is just the opposite. For example, so-called “tort-reform” bills provide absolutely no benefit to nursing home residents at all.  Instead, tort reform laws just make it easier for unscrupulous nursing home owners and operators to run nursing homes on “bare bones” budgets, leaving vulnerable nursing home residents to fend for themselves up to twenty-one hours per day.  Then, when residents suffer abuse or neglect, they have very little ability to hold nursing homes accountable because of the tort reform measures implemented in their state.  However, the bills proposed by these New York legislators actually do seem to take the needs of the elderly into account so, accordingly, hese legislators should be applauded for their effort.

Victims of nursing home abuse and neglect often never get the opportunity to testify against those who caused them injury because they either suffered serious injuries or died as a result. That is true across the county and right here in Maryland.  Senior citizens not only deserve assistance from the court system when they have been wronged, they deserve better treatment in nursing homes before they are wronged.

Nursing Home Justice Associates is dedicated to helping nursing home residents and their loved ones right the wrongs of the nursing home industry that resulted in serious injuries or death to an elderly resident. If your loved one was neglected or abused at a Maryland nursing home, call one of our Maryland Nursing Home Neglect Attorneys at 410-825-ABUSE (2287) or visit our website at www.NursingHomeJustice.com for more information.

Golden Living Center – Cumberland Cited with 11 Deficiencies

Bed Sores, Dehydration, Dementia, Falls, Golden Living Centers, Malnutrition, Medication Errors, Staffing Levels, State Survey

Golden Living Center – Cumberland Cited with 11 Deficiencies in 2013 Survey

Golden Living Center – Cumberland is rated as an average facility by the federal government in both health services and overall, but it still received 11 deficiencies which is almost twice the national average, in a February 15, 2013 survey.

According to state investigators, Golden Living Center – Cumberland did not meet standards for one or more residents in the following areas:

  1. FAILED to ensure that residents do not take unnecessary medications.
  2. FAILED to keep current assessments of resident’s functional capacity for 50% of residents reviewed.
  3. FAILED to complete the Minimum Data Set for resident’s reviewed.
  4. FAILED to create a plan of care for a resident dealing with incontinence.
  5. FAILED to ensure that a resident’s urinary tract infection was dealt with and to prevent the use of a catheter.
  6. FAILED to keep residents safe from potential accident risks and preventing avoidable accidents.
  7. FAILED to maintain the residents living environment as neat and orderly.
  8. FAILED to report issues with patients medications upon review.
  9. FAILED to lock a medication cart while unattended.
  10. FAILED to properly dispose of soiled linens to prevent infection.

Even though this facility is ranked as average there are still serious deficiencies that you have to wonder why they occur. For example, how is it possible that a Maryland nursing home could not ensure that residents don’t take unnecessary drugs? Keeping residents safe from unnecessary drugs seems like it should be one of the simpler things for a nursing home to do.

Why are there citations on areas that should be so simple?

While there is no exact answer, the most likely answer lies in staffing and training. Far too often nursing home corporations like Golden Living Centers focus on corporate profit rather than resident care. When the focus moves from vulnerable adults to the balance sheet, the balance sheet always wins. One of the best ways to improve profits is to cut staffing levels. Of course, when staffing levels are cut, there are fewer people to make sure that residents don’t take unnecessary drugs.

Another reason for bad care at nursing homes lies in the training employees receive. When employees are not trained on the importance of making sure residents are receiving only their drugs at the correct time, they get sloppy. When employees get sloppy, residents get unnecessary drugs or fail to complete the Minimum Data Set (MDS) form or anything else that could put a resident’s safety in danger.

What can happen to a resident when there is not enough staffing or insufficient training?

Have you ever heard the phrase, “the more the merrier”? Although just about every nursing home company will deny it, the simple truth is that the more staff members available, the better off residents will be. Most nursing homes are understaffed and fail to provide sufficient training. As a result, residents are left by themselves often resulting in injuries, such as falls, bed sores or other injuries. If residents who need help with eating or drinking are left alone, they often suffer malnutrition and dehydration because they simply are not able to take care of eating or drinking by themselves.

If you or a loved one has been injured in a Golden Living facility, we can help. Please visit our website at www.NursingHomeJustice.com or call us at 410-825-ABUSE (2287).