Washington Injury Attorney Blog

A Southern California nursing home has been fined $100,000 by the State after a patient died from a "preventable fall."

According to a report in the San Diego Union-Tribune, the patient who died was in the nursing home, Aviara Healthcare Center, for physical therapy after hip surgery. The patient fell one time so the staff put an alarm on his hospital gown which informed the staff when the patient got out of bed. Even though the patient wore the alarm, no member of the Aviara staff responded when his alarm went off.

The patient got out of his bed and walked in the hallway. There were no handrails in the hallway and when the man started to stumble, he grabbed a lift device that was stored there. When he fell, the lift device fell on top of him. He died from the blunt-force trauma.

State health regulators said that the equipment was not to be stored in the hallway because it posed a hazard to patients.

Handrails in nursing homes are mandatory and heavy equipment such has Hoyer and mechanical lifts should be kept in a closet. Between 15% and 30% of nursing home falls are caused by "environmental hazards" as in this case. Wet floors, clutter, poor lighting and handrails are all types of environmental hazards. Failure to keep patients safe may be negligence and the family of a patient may file a suit to recover damages on their loved one's behalf.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have more than 30 years representing nursing home abuse and neglect victims and their families.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

A home health-care nurse with more than 40 years nursing experience was sentenced to two years probation and 60 days of community service for failing to report that her patient, a 13-year-old boy with cerebral palsy was neglected by his mother.

The Chicago Tribune reports that Morris Lee Brinkley, age 74, pleaded guilty to criminal neglect of a disabled person and failing to report neglect or abuse after Jaylen Brown died of infections and sepsis because of bed-sores (decubitus ulcers) that were not treated.

Prosecutors had wanted to send Brinkley to prison for 12 years but because she has given up the nursing profession and lacked a criminal record she was given probation.

Charges against the boy's mother, Kesheia Phillips, and another in-home nurse are pending.

This case highlights the fact that anyone who knows that a nursing home patient, or a vulnerable person is being abused or neglect, it is incumbent on them to report the abuse or neglect. You might be a janitor in a nursing home, or a food service person or an aide but if you suspect or witness abuse or neglect your are morally obligated, if not legally obligated to report your observations.

Contact the experienced nursing home abuse and neglect attorneys at The Farber Law Group. We will provide you with a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

The Seattle Times reports that a Bainbridge Island High School teacher's aide has been arrested for sexually abusing a 17-year-old developmentally disabled girl at a community pool. The aide, a 62-year-old man, is being held on $500,000 bail.

A witness informed police that there was touching of genitals between the man and girl in both the Bainbridge Island Aquatic Center swimming pool and hot tub. Video surveillance footage confirmed the witness' account.

Police arrested the man after he refused to be interviewed at the Bainbridge Island police station. According to the report, the man also works as a caregiver to mentally-challenged females in his home. The police report did not disclose whether the girl lives in the man's home or if she is a student at Bainbridge Island High school.

Nursing homes and care homes provide a valuable service to our society. They take care of vulnerable, infirm and elderly family members when care cannot be provided at home. Sexual abuse can include inappropriate touching, fondling or rape.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm that represents nursing home abuse and neglect victims and their families.

To reach The Farber Law Group, call 1-800-244-9087 or e-mail attorney@hgfarber.com. We have offices in Seattle and Bellevue to assist you.

We often get this question, "Someone I know of is being neglected or abused in a nursing home. What should I do?"

If the elderly person is question is not a relative, people often don't think they should get involved. They often do nothing figuring that that it is someone else's responsibility or they just don't know what to do. The person might be a friend, a former neighbor, someone you have gone to church with or even a patient at a nursing home where you work. Sometimes, it is someone who works at the nursing home that suspects or witnesses the abuse or neglect but they fear stepping forward because they can't afford to lose their job.

The neglect or abuse of an elderly person is everyone's business. Since many nursing home residents people can not speak for themselves or they don't know where to turn, they need the people around them to step up and make sure they are protected. Nursing home abuse is everyone's business. If someone you know is being hurt, neglected or abused and you get the proper help for them, you might also be stopping it from happening from someone else.

What should you do? We suggest that you make an appointment to speak with a personal injury attorney who specializes in nursing home abuse and neglect. A nursing home abuse attorney won't charge you for a consultation and they have the resources to bring in the proper authorities or to get the nursing home management to take action immediately. They will keep your identity confidential.

Elderly and vulnerable persons need to be defended and your concern and that of a qualified personal injury lawyer can protect them from harm.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent nursing home abuse and neglect victims and we have a solid track record of obtaining compensation and protection for the victim.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com. We have offices in Seattle and Bellevue to assist you.

Falls in the elderly are a serious health problem in homes, nursing homes, group living situations and hospitals today. Falls are the leading cause of injury-related visits to the emergency room and they are the primary care of accidental deaths in people over the age of 65. Falls are so serious that there are 1,800 deaths caused by falls each year and 9,500 deaths associated with falls.

Injuries from falls can include tissue injury, traumatic brain injury and bone fractures. Fractures to the hip, spine, arms, bones of the pelvis, hands and ankles and hips can be caused by falls. Of fractures, hip fractures are the most serious with 80% of hip fractures occurring in women.

There are various risk factors which can cause a person to fall. Risk factors include muscle weakness, diseases such as Parkinson, poor vision, fear of falling, medication side effects, clothing and footwear and environmental hazards such as slippery floors, missing handrails in halls and bathrooms and obstacles like throw rugs.

The Joint Commission on Accreditation of Healthcare Organizations have made it a requirement that hospitals assess fall risks in all patients in order to reduce falls. All hospitals and nursing homes are required to have fall prevention plans in place. Nurses, physicians, food servers and maintenance workers are all responsible to keep the patient safe.

If your loved one has been seriously injured in a nursing home fall due to negligence, you should contact a personal injury attorney. At The Farber Law Group, we have experience representing nursing home residents and their families.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com. We have offices in Seattle and Bellevue to assist you and we provide a free and confidential case evaluation.

The Newport News Pilot reports that a man who was sexually assaulted by a staff member of an assisted living home has been awarded $750,000 in damages against the Code De Neige Home for Adults and owner Rose Daniels Potter.

According to the report, the victim was a mentally disabled 55-year-old resident of the Adult Care home. The man's sister brought suit after he was sexually assaulted including forcible sodomy by Junious Boyd Batten, age 44, a staff member.

The jury agreed with the plaintiff's lawyer that Cote De Neige failed to exercise "reasonable care" because they hired Batten who had a criminal record.

In Washington State, voters recently passed Initiative 1029 which requires that long-term care workers complete a certification exam and undergo a federal background check for prior criminal offenses. The Initiative was created to protect the welfare of dependent adults and senior citizens.

Nursing home abuse and neglect can take many forms and include sexual assault, as in this case. Other forms of abuse can be more passive but even more damaging including medication errors, bedsores, dehydration and malnutrition.

This information is provided by The Farber law Group. We have helped people for more than 30 years who have been seriously injured due to nursing home abuse and neglect.

Contact us if you are concerned about a loved one. We will provide you a free and confidential case evaluation.

The City of Bellevue provides quite a few services for senior citizens and elderly residents of the city. In addition, Bellevue TV, Channel 21, spotlights Elder Abuse every Tuesday with a program that airs 12:00pm, 4pm and 8pm.

June 15th is the 4th Annual World Elder Abuse Awareness Day and it sponsored by the International Network for the Prevention of Elder Abuse. The INPEA recognizes elder abuse as a "public health and human rights issue."

Elder abuse and nursing home neglect can take many forms but it is often seen in the form of neglect, financial exploitation and emotional abuse. Often the abuse is committed by someone close to the victim including family members, care givers, nursing home staff or a person in a position of trust.

Warning signs of elder abuse and neglect can take many forms but can include:

• unexplained physical injuries
  
• frequent bladder infections
  
• falls or frequent "accidents"
  
• deteriorating health and hygiene
  
• bedsores or decubitus ulcers
  
• change in emotional state

If you believe a elderly friend, neighbor or someone you know is being abused, call the State Protective Services hot line at 1-866-END-HARM or call the police at 9-1-1 and ask them to perform a "Welfare Check." Police officers are trained to detect elder abuse.

The City of Bellevue also has a Aging Services department; They can be reached at 425-452-4200 or see their web-site at http://www.bellevuewa.gov/north_bellevue_community_center_programs.htm. Or, for Senior Information and assistance in King Count call 1-888-435-3377 or www.seniorservices.org and non-profit organization service older adults and seniors.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm with offices in Seattle and Bellevue and we specialize in representing the victims of elder abuse, including nursing home residents, and their families.

Contact The Farber Law Group at 1-800-244-9087 for a free and confidential case evaluation. We represent our clients on a contingent fee basis. This means that you pay nothing unless we obtain a settlement for you.

For more information, see our Nursing Home & Elder Abuse Resources.

A 52-year-old nursing home aide, Robert Gundersen, has been charged with felony sex abuse, misdemeanor forcible touching and misdemeanor third-degree sex abuse for his actions at a Troy, New York nursing home. The sexual abuse in this case was against a 78-year-old patient and took place between December 2007 and January 2008. He also faces charges stemming from incidents at another nursing home in the area.

The charges against Gundersen are part of Governor Cuomo's crackdown and investigation of nursing home abuse in New York which utilizes hidden cameras at nursing homes throughout New York State.

With the growing older population, nursing home abuse and neglect is becoming more common and sexual abuse is not unheard of. In this case, the accused, was employed by a staffing agency that was contracted by the nursing home. Lack of supervision and over-staffing may have been factors in the reason why his actions went undetected.

Other types of nursing home abuse and neglect includes:

• sexual assault
• physical assault
• financial abuse including theft and misappropriating assets
• medical malpractice including treatment, medication errors and restraints
• neglect which includes falls, malnutrition, bedsores and lack of supervision

The Farber Law Group, an experienced personal injury law firm in the Seattle-Tacoma-Bellevue metropolitan area, represents nursing home patients and their families. We have 30 years experience and have obtained compensation for our clients for their medical costs and for their pain and suffering.

Contact The Farber Law Group today for a free consultation.

The Centers for Disease Control reports that falls are the leading cause of Traumatic Brain Injury (TBI) in older adults. TBI are caused by a force to head such as a bump or a blow and can injure the brain and effect how it works. Senior citizens ages 75 and older have difficulty recovering from traumatic brain injuries and they often result in lengthy hospitalizations and death.

Symptoms of TBI include:

• Headache
  
• Slowness in thinking, speaking, and reaction
  
• Lack of energy
  
• Changes to sleep patterns
  
• Blurred vision
  
• Ringing in the ears
  
• Mood changes
  
• Sensitivity to lights and sounds

Severe symptoms include:

• A worsening headache
  
• Vomiting or nausea
  
• Seizures
  
• Inability to rouse from sleep
  
• Unresponsive or non-reactive pupils
  
• Slurred speech
  
• Numbness or weakness of the extremities
  
• Increased confusion or agitation

Seniors on blood thinners such as Coumadin should be examined by a health professional any and every time they have a head injury.

Fall Prevention

When choosing a nursing home for your loved one, make sure that the home works on preventing falls. Some of the things you should look for include:

• Exercise programs
  
• Floors and rugs that are installed as to not create a tripping hazard
  
• Shelves and storage in rooms are conveniently placed
  
• Grab bars in toilet areas and in tubs and showers
  
• Non-stick mats in bathtubs and shower floors
  
• Proper lighting
  
• Handrails along staircases and halls
  
• Residents are wearing non-slip shoes

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent nursing home residents and their families in cases of abuse or neglect. A personal injury law firm with more than 30 years experience in the Seattle-Bellevue-Tacoma metro area, we work for families to insure patients rights are protected.

Contact The Farber law Group today for a free and confidential case evaluation.

A 63-year-old man's death in a Burnham nursing home has been ruled a homicide reports the Chicago Sun-Times. The cause of death was determined by the Cook County Medical Examiner's office.

The report says that Thomas Donovan, who died on April 1st at a Burnham nursing home located on 14500 S. Manistee Avenue died from "multiple injuries suffered during an assault." Other factors in his death were hypertension and diabetes.

Police are investigating Donovan's murder.

A murder in a nursing home facility seems pretty extreme. We will be following this investigation to determine if the patient died at the hands of a nursing home employee or another resident.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured and the families of those killed due to nursing home abuse and neglect.

Contact the Farber Law Group for a free case evaluation. We have offices in Seattle and Bellevue to assist you.

In the latest go-round of budget manipulation in Olympia, the Senate has proposed a 93.8 million dollar cut to nursing home funding and the house as proposed a 99.9 budget cut. These cuts would most certainly increase patient-to-staff ratio and the fear of many is that, with increased pressure on nursing home workers, there will be an increase in nursing home abuse and neglect.

As a microcosm of the cuts to nursing home, Kapp35 in Yakima aired a report featuring the
Grandview Health Care and Specialty Center which has already lost $20,000 a month and has had to cut back on staffing hours.

"We're looking at whether we have to cut 240 hours a week of care," says Harry Aubert, administrator of Grandview.

As a law firm that represents nursing home abuse and neglect victims in the greater Seattle, Tacoma, Bellevue and the greater Northwest, we see that most cases of nursing home abuse and neglect is caused by inadequate staffing, lack of supervisions and lack of staff education. We are concerned that the patients/residents will suffer due to these budget cuts.

Symptoms of neglect can include pressure/bedsores, malnutrition, errors in medication, physical abuse, dehydration and malnutrition.

This information is Provided by Washington Injury Attorney blog, a service of The Farber Law Group. With offices in Seattle and Bellevue, we represent people who have suffered serious injuries and the families of those who have died due to nursing home abuse and neglect.

Contact The Farber Law Group today at 1-800-244-9087 or e-mail attorney@hgfarber.com.

A nursing assistant, Heidi Leon, age 23, has been charged with criminal neglect and negligence in the death of a 89-year-old nursing home resident whose care she was in charge of her.

Charges against Leon were filed after Sarah Wentworth died on February 5th at the Arbor of Itasca nursing home in Chicago. The State's attorney says that Wentworth's death was not an accident, that her death was premature and caused by neglect.

On the morning of her death, Wentworth wandered out of the nursing home where she was a resident into subfreezing weather. Dressed only in bed clothes, she collapsed and froze to death in the courtyard of the nursing home.

Criminal charges of neglect are appropriate in this case. You see, Wentworth was wearing a device on her ankle which caused an alarm to sound if she left the building. On the morning she died, the alarm sounded but Leon apparently she did not investigate the cause of the alarm and she turned it off so that she wouldn't be bothered and could continue watching TV.

It appears that there may have been some collusion between Leon and other employees at the home to cover of Wentworth's death. They went so far as to change her clothes and put her into her bed to cover up what may prove to be a crime.

The article in the Chicago newspaper did not mention that Wentworth's three daughters have filed a wrongful death lawsuit, however, we wouldn't be surprised if a civil suit were to be filed in this case. In Washington State, if a person's death was caused by another's negligence or a wrongful act, then the family is entitled to bring a wrongful death suit to recover damages.

The Farber Law Group is an experienced personal injury and wrongful death law firm with offices in Seattle and Bellevue. We have represented families of victims in their wrongful death suits for more than 30 years.

Contact The Farber Law Group for a free case evaluation.

A Spokane man, James Schmidt, age 50, will be arraigned on charges of first degree theft after allegedly conning senior citizens of more than $100,000 during the past year all over Washington state including in Yakima, Kittitas and Whatcom counties according to the Washington State Patrol media release.

Schmidt was a door-to-door salesman selling vacuum cleaners and air filters. Charging papers say he would gain the confidence of elderly persons and con them into lending him money or investing in a franchise.

Schmidt was convicted of a similar scheme in January of 2008 in King County.

Elder abuse and neglect and also cons and swindles against elders are becoming more commonplace. The United States House of Representatives just passed HR 448 which is the Elder Abuse Victims Act of 2009 which, if passed, will help law enforcement and prosecutors combat elder abuse.

We have also seen cases of nursing home residents victimized by their caregivers or others who exercise undue influence. In undue influence cases, we see a person who is stronger or more powerful to get an elderly person to do something that he or she would not normally do. Investing in schemes, purchasing elaborate funeral arrangements, or giving someone signing control over ones funds are all examples of things we have seen elderly Americans do when someone has undue influence of them.

Residents of nursing homes can be victims of undue influence and sometimes they are also physically or psychologically abused.

If your elderly loved one has suffered a serious injury due to elder abuse or neglect, you should contact The Farber Law Group. We have more than 30 years experience in representing nursing home abuse victims and their families. With our help you may be able to recover compensation for your damages.

Contact The Farber Law Group at 1-800-244-9087 today for a free and confidential case evaluation. We have offices in Seattle and Bellevue to serve you.

The House of Representatives voted on February 11, 2009 to pass HR 448 which is the Elder Abuse Victims Act of 2009. The bill will now go on to the Senate for a vote. The Bill passed on a roll call vote and was passed overwhelmingly with 397 Ayes, 25 Nays and 10 not present or voting.

HR 448 was introduced to protect senior citizens from abuse by establishing elder abuse prosecution programs and also provides for aid for victims of elder abuse as well as specialized training for prosecutors, law enforcement and others to combat elder abuse.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm with a track record of successfully representing the victims of nursing home neglect and abuse and their families.

Nursing home neglect and abuse can take many forms including fractured bones, traumatic brain injury from falls, over medication and severe bed sores (decubitus ulcers).

If you believe your loved ones injuries are because of the negligence of a nursing home, contact The Farber Law Group today. We have offices in Seattle and Bellevue and if you are unable to come to us, we will come to you.

See our Nursing Home & Elder Abuse Resources.

A few months ago we wrote about the several states considering legislature regarding installing hidden cameras in nursing homes. We first became aware of these cameras -- dubbed "granny cams" -- when Elliot Spitzer announced that hidden cameras in New York nursing homes led to the arrest of 19 nursing home employees for serious cases of abuse.

I recently came across a posting on The Famous Nursing Blog which discussed the merits of installing cameras "Security cameras in Nursing Homes -- Useful or Wasteful?" Here's what the article discusses:

Pros:

• May provide confidence in the care a loved one is receiving in a nursing home
• Monitors care of loved ones
• Cost can be factored into other necessary overhead costs.
• Security cameras minimize the nursing home owner's liability when an employee performs a wrong act, thus decreasing an owner's liability.
• Provides evidence of wrong-doing.
• State legislatures may mandate cameras so they may be legal.

Cons:

• Cost -- cameras cost between $630 and $1,590 with monthly fees which charge at least 20-30$ monthly. Adds to overhead.
• Nursing home staff and operators believe cameras are an invasion of privacy
• Nursing home staff believe that "compromise a patients dignity", filming private acts like toilet and bathing activities.
• Unless legislatures mandate them, they may be illegal.

Whatever your feelings are about cameras, if you are evaluating nursing homes for your loved one, you might check our Nursing Home Resources. We have lists of agencies which might help you in making your decision.

If you have a loved one who has been seriously injured in a nursing home due to abuse or neglect, contact The Farber Law Group. We have more than 30 years experience in representing victims of nursing home abuse and their families. Injuries can include pressure sores, falls, over medication, broken bones, medication errors, physical abuse, and sexual abuse. We will provide you with a free and confidential case evaluation.

A jury has awarded the daughter of Melvin Raybon $1.25 million in a nursing home neglect lawsuit reports The Atlanta Journal-Constitution. In providing the award, the jury found that the Tucker Nursing Center provided "inadequate attention" and care of Raybon which led to his death after he developed a bedsore that became badly infected and other complications.

According to the story, Raybon, who died four years ago, was admitted to the Tucker Nursing Center at the age of 67. Raybon was only in the nursing center nine months when he developed a bedsore (decubitus ulcer) so severe that the infection went all the way to the bone of his left buttock. Nursing orders said that Raybon was to be turned every two hours to alleviate pressure on his backside but records showed that he was only turned every four.

In the law suit, the attorney for Raybon's estate, Benjamin Land, said that there was not enough staff at the nursing home to provide adequate care. In his argument, he told about the bedsores and infections that Raybon experienced in the last year of his life:

“The last 12 months of his life were miserable,” Land said. “Our argument to the jury was basically that no man should spend his last year on Earth like this.”

Bedsores or pressures sores are common names for decubitus ulcers. Developing bedsores is one of the most ubiquitous injuries suffered by elderly and infirm patients at nursing homes. It is a sign that the person has not been properly cared for and and has lacked proper medical treatment. In the early stages, bedsores are totally treatable but without treatment, they can become infected and even enter the bone which can cause death.

If one of your loved ones such as a paren has suffered a serious bedsore or other serious injury while in the care of a nursing home, you may have a claim against the nursing home for neglect or abuse. Contact The Farber Law Group, a law firm with offices in Seattle and Bellevue with more than 30 years experience in representing clients who have suffered nursing home neglect.

Are you trying to decide on a nursing home for an elderly loved one? It can be a very difficult and costly decision. You want your elderly mother or father to have the best care possible. For sure you will check out the basics including:

• Cleanliness
  
• Food
  
• Beds
  
• Room size
  
• Lighting
  
• Activities
  
• Amenities
  
• Appearance -- furniture and decor

These are the obvious things you will be looking for in a nursing home but many people don't know how to dig deeper and find out the true quality of the nursing home.

Importance of CNAs

The person who will be caring for your loved -- the one who will do the hands on care giving -- is the CNA (Certified Nursing Assistant). The CNA's job is very important. They are the staff member who dresses, feeds, and bathes the elderly and infirm residents of a nursing home and perform the activities of daily living. They provide the routine and daily care to free up Registered Nurses (RNs) for tasks that only an RN can can perform including administering medications, dressing and wounding wounds and assessing patients and providing a liaison with the physician.

CNA's are federally mandated to have completed a minimum 75 hours of training and 16 hours of training under supervision. Once the CNA has the training, they are placed on a state registry of nursing aides. Over the course of a year, a CNA must also complete 12 hours of continuing education.

In nursing homes, the turnover of CNAs is huge with some nursing homes experiencing 100% turnover in a single year. The reason for this is that the job is traditionally low paid, high stress and many times the CNA is overworked. Often, a nursing home that is for-profit, will save money by not hiring enough CNAs.

We recommend that the most important questions you ask the nursing home have to do with CNAs:

• What is your CNA turnover/retention
• What kind of training do you provide your CNAs
• What is the ratio of CNA-to-patient in the day time and the night time?

Try to talk to the CNAs one-on-one and ask questions like, "What do you like best about your job?" "How long have you been at this job?" The true quality of a nursing home is its CNAs.

This information was provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury firm that specializes in cases involving nursing home abuse and neglect. We work tirelessly to help people who have suffered neglect or injury due to substandard care at nursing homes including serious falls and bed sores.

Contact The Farber Law Group today for a confidential case evaluation.

In a Seattle Times editorial, the piece asked for support of the King County Elder Abuse Project. King County, Washington, has nearly 30% of Washington State's 85 and over adults. It is predicted that by the year 2025, this community will increase by 53%. In 2002, 2,637 case of adult abuse were reported and this was, in part, the impetus to create the King County Elder Abuse Project.

The King County Elder Abuse Project has three goals:

1. Prosecute cases of neglect of elderly and disabled adults
   
2. Enhance collaboration between agencies and medical professionals to investigate and prosecute cases of abuse and neglect
   
3. Provide training to first responders to recognize and respond to cases of abuse.

A couple of weeks ago, we reported on an elderly dementia patient who was taken from his nursing home by a masseuse who married him and then attempted to empty his bank account. The clerk at the Bellevue Bank of America alerted the man's guardian and police were called. The 78-year-old man did not remember meeting the woman who presented herself at his bank as his wife nor did he remember their "marriage." Now, 56-year-old Sujinda Yahatta and her accomplice, 29-year-old Kulany Roeksbutr face kidnapping, attempted theft and obtaining a signature by deception or duress.

This story is illustrative of why we all need to work together to protect the elderly and infirm from abuse. We wondered why the nursing home allowed an unlicensed massage therapist to remove the patient from the nursing home. One also wonders how a judge could marry this unlikely couple when the 78-year-old man clearly was suffering from dementia. That is why we support the King County Elder Abuse Project and its goal of training people to recognize and respond to cases of abuse. In this case, we were glad that the Bank of America's employee was vigilant.

If your loved one has been the victim of nursing home neglect or abuse, you should contact The Farber Law Group. We take nursing home abuse and neglect very seriously and we will work to insure your loved one's rights are protected and we will help them receive compensation for the damage done to them.

See our Nursing Home Resources.

A former massage therapist and her friend have been charged with three felonies after they attempted to draw the funds from and close the bank account of a 78-year-old dementia patient after one of the women married him. The women, 56-year-old Sujinda Yahatta and her accomplice, 29-year-old Kulany Roeksbutr, both with Thai connection, are being charged with kidnapping, attempted theft and obtaining a signature by deception or duress.

According to the story in The Seattle Times, Yahatta, who had given the elderly man several massages in her capacity as a masseuse, at the Greenwood Point Adult Family home in Issaquah took the man from the home one day in November claiming that she and Roeksbutr were taking him out to lunch. Instead, they took him to the Bellevue Courthouse and had a judge marry the two. After the marriage ceremony, they proceeded to a Bank of America branch in Bellevue where they attempted to close his bank account and withdrawal $23,000. Alert bank employees called the man's guardian, Eldon Kenney, 73, of Bellevue and alerted him.

Apparently, the elderly man has dementia so severe that he does not remember the marriage and he does not remember ever having met Yahatta in the past.

If convicted, the two women could be sentenced to up to 7 years in prison. Their arraignment is December 30th. Papers have already been filed to annul the sham marriage.

Cases of undue influence occur far too frequently. Undue influence refers to when a person takes advantage and wields power over another person who is in a diminished psychological or physical state. People often use undue influence in order to take financial or sexual control over the weaker person. One case of undue influence of late was a former Whitworth college trustee that slowly bilked a Bellevue widow of $150,000.

We see many elder abuse cases and, as in this case, many times an elderly person is pressured to "give a gift", sign a loan document or transfer property to the person in power over them. The legal question is, "Was this vulnerable adult able to understand the details of the transaction that he/she was involved in?" The court will look to see if the elderly person was discouraged in seeking counsel from a trustworthy source like a family member, guardian or physician and whether the person made the decision in an appropriate setting with a time frame that was reasonable.

If your loved one has been a victim of elder abuse, you should contact The Farber Law Group with more than 30 years experience of successfully representing case of elder abuse and neglect. We have a track record of obtaining compensation for victims for abuse and neglect that took place in a nursing home setting.

Contact us today for a free and confidential case evaluation.

Two young women, ages 18 and 19, along with six others were charged by Minnesota authorities for abusing patients in the nursing home where they worked as aides. Brianna Broitzman, 19, and Ashton Larson, 18, are charged with misdemeanor assault, abuse of a vulnerable adult by a caregiver and disorderly conduct. Six other young women are also charged but they are juveniles so their names have not been released.

The allegations stem from the young women's part-time work at the Good Samaritan nursing home in Albert Lea, Minnesota. The teenagers allegedly spat in patients' mouth, taunted them, and groped their breasts and genitals. One is even accused of sticking her bare butt in the face of one resident and other allegedly stuck her finger in a patient's rectum.

According to the Minnesota Department of Health, there was a pattern of abuse of the patients -- most of whom suffered from Alzheimer's disease or dementia -- between January 1 and May 1 of this year.

This egregious conduct makes anyone with a loved one in a nursing home very concerned. Many people are writing blogs questioning how something like this could occur. "Where were the supervisors?" "Were these young aides properly trained?"

Nursing home abuse is becoming more and more prevalent with an aging population. Most nursing home are staffed with professionals and have adequate training. However, in some cases, nursing home operators take short cuts with training and supervisory staff and the patients/residents clearly suffer.

Nursing homes are expect to insure that each and every resident receives care which will allow them to maintain the highest physical, mental and psychological well-being. If the case of these Minnesota teenagers is proven, then the system has really failed these elderly and vulnerable adults.

If you or a loved one has been seriously injured or died as a result of nursing home abuse or neglect, you should contact The Farber Law Group. We have more than 30 years experience representing nursing home residents and their families. With our help, you may be able to recover compensation for damages suffered including pain and suffering.

In an article almost too painful to read regarding nursing home abuse and neglect, the AARP Bulletin Today ran a reprint of a McClatchy-Tribune Regional News story by Valarie Honeycutt Spears which detailed the abuse to an 84-year-old-resident of a Richmond nursing home. According to the report, the family of Armeda Thomas hid a video camera in her room at Madison Manor nursing home after they saw dozens of bruises on her body and the nursing staff did not provide an adequate explanation for the injuries.

Kentucky Attorney General's office is now conducting a criminal investigation and have cited the nursing home for "failure to protect." The failure to protect the residents created an "immediate threat that harm, injury or death would occur " said a citation from the Attorney General's office.

What Thomas' family saw when they later viewed the video tape is a pattern of abuse and victimization of this poor woman who was suffering from Alzheimer's. In making the decision to video tape, Thomas' granddaughter, who is a child protective worker said:

"We were just so desperate to know the truth and for other people to know the truth. Almost everyone has a relative who gets care in a facility. You want to be able to go to sleep at night knowing that your loved one is well cared for and not scared."

When the video tape was reviewed it showed both actual incidents of physical abuse and also of neglect including:

• Rough handling of Thomas including pulling her out of bed by her wrists & neck.
• Roughly moving Thomas from side to side.
• Nursing home staff taunting and dancing in front of Thomas.
• Nursing home staff eating Thomas' food yet the records showed she that Thomas ate her entire meal herself.
• Failure to feed or clean Thomas.
• An incident of Thomas lying unattended on a floor for more than one hour.

Thomas' records show that at one point she lost 19 pounds in just two weeks. X Rays also showed that she had fractures to her lumbar vertebrae.

Kathy Gannoe, the district ombudsman for the Nursing Home Ombudsman Agency of the Bluegrass, said:

"No nursing home sets out to want these things to happen but it's fallout when you don't have good training, adequate supervision and when you don't have a culture that encourages the staff to speak up."

Nursing home abuse and neglect can take many forms. The most common forms include bedsores or decubitus ulcers, broken bones, dehydration, malnutrition, aspiration pneumonia, frequent urinary tract infections, medication errors, infections, over use of sedating medication, physical abuse and sexual abuse.

While most nursing homes are staffed with professionals who are caring and good, sometimes, the for-profit nature of the business means that the needs of the patient are not always held paramount. In most cases of nursing home abuse, it is inadequate staffing that is the cause. If there is insufficient staff coverage, insufficient staff training and education, and lack of proper staff supervision, the patients/residents suffer.

This information was provided by Washington Injury Attorney blog, a service of The Farber Law Group. Located in Bellevue, Washington, we represent the victims of elder abuse and nursing home neglect and their families. We have more than 30 years experience and a proven track record of successfully recovering compensation for damages to elderly and frail victims.

If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

See our Nursing Home & Elder Abuse Resources.

A King Country jury convicted former Whitworth College trustee of bilking 82-year-old Nancy Huegli of Bellevue, Washington of $150,000. Tom Delanty of Tulalip was convicted of 26 counts of first and second-degree theft and abusing the trust of a vulnerable person. Delanty will be sentenced on December 12 and may spend as many as 4 years in prison reports The Seattle Times.

According to the report, Delanty gained Huegli's trust and performed household tasks, errands and bill-paying, charging Huegli $120 an hour. Several other people have come forward and have filed civil lawsuits against Delanty for bilking them of money.

Delanty, a former trustee of Whitworth University, led Huegli to believe that he was a CPA, a chief executive and chief financial officer of Sawyer Development and Investment. He claimed he was well qualified to help Huegli and gained her trust

This case highlights a growing problem of elder abuse in this country. Police are seeing more of these cases of "undue influence." Undue influence is when an person who is stronger or more powerful gets an elderly or vulnerable person to do something that they would not normally do. In the case of Huegli, she gave Delanty signing control of her checking account. Often the person in the power position will pressure the older person to act quickly and discourages them from asking their family and loved ones for advice.

For more information about this undue influence from a psychological point of view, you might want to read "An interview with Margaret Singer on Undue Influence" on the National Committee for the Prevention of Eder Abuse web-site.

Elder abuse can take many forms. Often, we represent cases in which patients living in nursing homes or assisted living situations have been physically or psychologically abused. We have also seen many cases of theft.

If your elderly loved one has suffered a serious injury due to elder abuse or neglect, you should contact The Farber Law Group. We have more than 30 years experience in representing nursing home abuse victims and their families. With our help you may be able to recover compensation for your damages.

Contact The Farber Law Group today for a free and confidential case evaluation.

Washington State voters overwhelmingly passed Initiative 1029 with a margin of about 3:1. This initiative requires that long-term care workers complete training, pass a certification exam and undergo a federal background check for a prior criminal record reports The Seattle Times.

I-1029 goes into effect in 2 years. It provides that long-term care giver training almost double from the current requirement to 75 hours.

The overwhelming support for this Initiative shows that people are concerned about the welfare of senior citizens and other dependent adults.

Nursing home abuse and neglect can take many forms including:

• sexual abuse
  
• physical abuse
  
• medication errors
  
• aspiration pneumonia
  
• over use of sedating medications
  
• bedsores
  
• broken bones
  
• dehydration & malnutrition

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We have helped people for the past 30 years who have been seriously injured due to nursing home abuse or neglect. We are glad to see the caregiver profession gain this extra level of professionalism.

If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

See our Nursing Home & Elder Abuse Resources.

Are hidden cameras installed in nursing homes the solution to ending nursing home abuse? The New York State Attorney General, Andrew Cuomo, thinks so and he is increasing the number of hidden cameras in nursing home facilities in Western New York. The cameras first came to the forefront back in 2006 when Eliliot Spitzer announced that hidden cameras led to the arrest of 19 nursing home employees and uncovered cases of serious abuse.

Already in Rochester, Cuomo is using tape from hidden cameras to prosecute nursing home staff for abuse and neglect as part of a crack-down on nursing home abuse. Cuomo says, "Assume there's a camera in the room… You shouldn't be doing anything in the room that you don't want to be on the camera anyway."

Some people are scornful of cameras calling them, "granny cams."

Those in favor of the cameras say they are not installed without a family's permission and that they help protect some of our most vulnerable citizens and reduce elder abuse.

Caught on camera:

• A CNA bumped a patient's head on a railing because she was talking on a cell phone when she moved him.
• A CNA changed a patient only once in 8 hours despite orders to do so every 2 hours.
• A LPN did not check a patient's vital sign before administering medication. Failure to administer medication.

About a dozen state legislatures are considering legislation which would allow cameras in nursing home. Already, New Mexico and Texas along with New York are allowing the cameras.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm with more than 30 years experience in nursing home abuse and neglect.

Ronald Maurice Roberts, 51, has been charged with rape and sexual assault charges that allegedly occurred at Western State Hospital, a mental health facility, in Lakewood, Washington.

The Tacoma News Tribune reports that charges against Roberts, who posted $50,000 bail, involved two patients and a former co-worker. Charges against Roberts include "two counts of indecent liberties and one count each of voyeurism, second-degree rape and fourth-degree assault with sexual motivation" according to the report.

Roberts had been accused by two women previously but those charges did not result in any criminal charges or discipline at the Lakewood psychiatric facility. However, when a developmentally delayed teenage girl came forth with a complaint in July, the previous charges were looked into as well and the Pierce Country prosecutors filed charges on all three complaints.

One wonders why the first two complaints were not taken seriously enough to file charges. Was Western negligent in allowing Roberts to continue working with patients when the first allegations were made? Roberts was supposed to be under the supervision of nurses in caring for patients and his job title was described as "mental health technician."

Did Western State provide due diligence in protecting patients from Roberts? We hope that this case is thoroughly investigated and if procedural changes at Western need to be made, they should be implemented quickly.

In our Medical Malpractice and Nursing Home Abuse and Neglect personal injury practice, we have seen cases where caregivers abuse some of our most vulnerable citizens, the elderly and the mentally ill. Abuse can be sexual including inappropriate touching, fondling or rape or physical which could include hitting or kicking. We have also seen cases of undue influence where elderly patients or mentally incompetent ones have been coerced to sign documents, give away personal belonging or sign their pension or disability checks away.

If something like this has happened to your loved one, you should contact a personal injury attorney to insure their rights are protected. At The Farber Law Group, we have more than 30 years experience in representing victims of hospital and medical malpractice and nursing home abuse and neglect.

Contact The Farber Law Group for a free and confidential case evaluation.

The Seattle Post Intelligencer reports that Daniel Lee Anderson and his wife Taryn Marie Anderson have been arrested and charged in a 84-count criminal indictment for abusing and defrauding Charles and Tammy Whitworth, a developmentally challenged couple. The court documents say that the Anderson's physically and psychologically abused the couple, made them virtual "indentured servants" and defrauded them financially.

According to the report, Charles and Tammy Whitworth are described as "vulnerable, low-functioning adults." Charles Whitworth worked for Chrysler Motors for 33 years old and the couple owned their own house and two automobiles even though Charles Whitworth was illiterate and low functioning. Court documents charge that the Andersons alienated the Whitworth's from their family, took control of their financial assets and moved them to Portland, Oregon where the Whitworth's basically served as maids.

The Andersons face a myriad of charges including theft, strangulation, criminal mistreatment, assault, harassment, coercion and criminal mischief.

What the Andersons did was take vulnerable people and manipulated them to control all of their assets and mistreated them. Dr. Bennett Blum, an Arizona-based forensic and geriatric psychiatrist calls cases like this "undue influence cases" and he said they occur all too frequently.

Undue influence is term which refers to one person taking advantage or power over another and the person loses their free will. People often use undue influence in order to take financial or sexual control over another. Undue influence can include cases of parents and children, guardians and their wards, doctor and a patient or, in this case, a predator over vulnerable adults that have diminished capacity. When undue influenced is proved, a contract can be set aside.

We frequently see "undue influence" in elder abuse cases. Sometimes an elderly person is pressured to "give a gift" to a person, sign a loan document or transfer property. The legal question that must be answered is, "Did this person understand what he or she was doing when he/she participated in the transaction?" In ruling on an "undue influence case" the court considers many factors including whether the elderly person was discouraged from seeking advice from their normal counsel (i.e., doctor, lawyer, family member, or cleric), whether the transaction took place in an appropriate setting and whether the person was influenced to make a decision without the time to ponder its implications.

If this has happened to you or a loved one, you need to contact an attorney with experience in elder abuse and neglect. The Farber Law Group has more than 30 years representing victims of elder abuse including abuse and neglect that takes place in nursing homes.

Contact us today for a free case evaluation.

The Department of Health and Human Services (DHHS) reports that more than 90% of nursing homes in the United States were cited for violating federal standards every year for the past three years according to an article in The Seattle Times. The DHHS report also cites statistics which shows that for-profit facilities have a higher percentage of violations than those run by non-profit organizations or government entities.

Almost 20 percent of the nursing homes lacked the essential elements of care so that patients were in immediate jeopardy or experienced actual harm said the report by Daniel Levinson, the inspector general of the Department of Health and Human Services. The most common violations included improper storage and distribution of foods, accident hazards, lack of services, medication errors, infected bedsores, poor nutrition and abuse and neglect.

Medicare is putting pressure on nursing homes by inspecting them more frequently and increasing safety requirements. More problems are being identified while at the same time the level of care may be improving because of pressure from Medicare, the press and lawsuits.

The for-profit nature of nursing homes sometimes make them take shortcuts which hurt patients but increase profits. Often we see inadequate staff coverage, inadequate training and inadequate supervision to be the cause of many problems. In Washington State, there are approximately 13,000 abuse reports a year involving senior citizen. Several laws have been introduced to the Washington State Legislature which would increase punishment to those who harm our older citizens and provide more coordination between agencies. In the United States Senate, two bills -- the Elderly Justice Act and the Patient Safety and Abuse Prevention Act of 2007-- aim to prevent, detect and prosecute people who neglect and exploit older people and perform criminal screening of people who work in nursing homes.

If one of your loved ones has been suffered a serious injury or illness due to nursing home abuse or neglect, you should contact The Farber Law Group. We have more than 30 years experience in successfully bringing suit against nursing homes for abuse and neglect; We will work to insure your loved ones rights are protected.

Contact The Farber Law Group today for a free and confidential case evaluation.

See our Nursing Home & Elder Abuse Resources.

Most nursing home employees are professional and caring. A lot of times, however, because of the for-profit nature of the nursing home business, patients are neglected because the nursing home is understaffed.

Understaffing can be a real problem in nursing homes. One result of understaffing is falls that occur because patients tire of waiting for someone to help them out of bed to use the bathroom. Another result is mistakes in distributing medications.

One Blog we came across is "Nursing Home Reality" and it contains stories by nurses and nursing home professionals who share their story in hope of "creating positive change." A recent posting caught our eye, An Inside View of UNDERstaffing. It was written by a registered nurse working in a nursing home. It illustrates the problems of short staffing.

"I am an RN in a nursing home licensed for just over 200 residents that offers skilled, intermediate and personal care. This facility has four nurses stations/units. I work on a unit with 38 residents. Many of these individuals have dementia.

My unit is allowed four nurses aides and an LPN on day shift, 3 nurses aides and an LPN on evenings, 1 - 2 aides and an LPN on nights.

While I try hard to understand the “budget” for staffing on my unit, my repeated requests for additional help has been ignored. In August I had eight (8) resident falls on my unit and they all happened on evening shift. My unit’s LPNs are frequently out of time compliance on distributing medications.

I would like to see mandatory staffing based not only on the number of residents, but also on their needs. This is especially important on a unit that has residents with many needs."

At The Farber Law Group, we find that many incidents of nursing home abuse and neglect are caused by short staffing.

If one of your loved ones has been seriously or injured as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

For more information, see our Nursing Home Resources

The Seattle Times reports that recommendations by experts in the law enforcement, social work and financial services fields have helped develop some proposed laws for Washington State which would help authorities in identifying, preventing and prosecuting people who harm and abuse some or our most vulnerable citizens, the elderly and infirm.

The Times reports that there are 13,000 abuse reports to Washington State agencies a year involving senior citizens.

Attorney General Rob McKenna initiated the effort to create these laws because he has seen a "steady increase in the frequency with which fraud-related cases involve the exploitation and abuse of older adults."

Laws proposed to the State Legislature include:

• Increasing punishment to those that harm people 65 years of age and older.
• Requiring people in financial institutions to report anyone they suspect of exploiting the elderly financially.
• Improving coordination between Adult Protective services and law enforcement.
• Providing a database where people can search for the names of those who have a history of elderly abuse.

Two United State Senate bills were just approved by the Senate Finance Committee. One bill, "Elderly Justice Act" resolves to "prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation." The other "Patient Safety and Abuse Prevention Act of 2007" provides background checks and criminal screening for nursing home employees who work directly with patients.

If someone you care about has been abused, injured or even died due to nursing home neglect and abuse, contact The Farber Law Group, a law firm with more than 30 years experience in representing nursing home abuse and neglect victims and their families.

For more information, see our Nursing Home & Elder Abuse Resources.

Two important bills for residents of nursing homes have just been approved by the Senate Finance Committee. Both bills seek to prevent nursing home neglect and abuse.

S. 1070 known as the "Elder Justice Act" amends the Social Security Act and resolves to "prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation."

Senate Bill S. 1577 the "Patient Safety and Abuse Prevention Act of 2007" requires screening, including a national criminal history background check, of employees who work directly with patients in nursing homes, long care facilities and other nursing facilities for our elderly citizens.

While most nursing homes are staffed with professionals, these bills try to insure that any one with a violent, sexual deviant or criminal history not be allowed to work with our most vulnerable citizens.

Abuse can take many forms but common symptoms of abuse include physical abuse, sexual abuse, bedsores/pressure sores, broken bones, dehydration, pneumonia, frequent urinary tract infections, and over prescribing.

If someone you care about has been abused, injured or even died due to nursing home neglect and abuse, contact The Farber Law Group, a law firm with more than 30 years experience in representing nursing home abuse and neglect victims and their families.

For more information, see our Nursing Home & Elder Abuse Resources.

While reading the Seattle Times this morning, I saw the following in the "Rant and Rave" section:

[Rave]To the Renton Wal-Mart employees who saved my 91-year-old mother from a serious scam. She had received a phone call from someone impersonating her grandson who said he had been in a car accident in Canada and needed cash for car repairs. My mother believed it was her grandson. When she went to Wal-Mart to purchase a Moneygram, the cashier, Cindy, was alerted by the story, which seemed similar to a scam she was aware of. She called the customer-service representative, Crystal, to check it out. It did turn out to be a scam, and these two employees saved my mother from losing her hard-earned money. Thank you!"

This "Rave" highlights one of the forms of elder abuse and neglect, scams aimed at parting elders from their money. Often when a older person is a victim of a scam, they are reluctant to tell their family or call the police because they are embarrassed and they fear their family will pressure them to enter a nursing home. They might not realize what happened to them.

In the Los Angeles Daily News, I read a similar tale of another scan against a senior citizen:

"While shopping at a local Trader Joe's two months ago, a 78-year-old Sherman Oaks man was approached by a young woman with dark hair and a big smile.

Even though she didn't know him, she convinced him she was an old friend, asking, "Don't you remember me?"

Alzheimer's disease had stolen pieces of the man's memory, so he wasn't sure. But she persuaded him to take her to lunch. Then to Macy's for a birthday shopping spree.

"She got ahold of his credit cards," said David Sidney, the man's son, who asked that his father's name not be used."

According to the Daily News story, financial abuse of the elderly is rising and they are preyed on by strangers, greedy family members and even their caregivers. It is not uncommon for a senior citizen living in an assisted living situation to "lose" valuable possessions like family jewelry or to have their credit cards misused. Others lose their money to "friends" who help them take out home loans or unscrupulous contractors who will abscond with money for home repairs.

As specialists in elder abuse and neglect, The Farber Law Group, wants the public to be aware of scams against the elderly. Awareness of these crimes against the elderly need to be in every person's consciousness.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured in nursing homes. If you are concerned about a parent or a spouse who has been seriously injured or died as a result of nursing home negligence or abuse, you need to talk to a law firm that specializes in nursing home abuse and neglect. At The Farber Law Group, we have more than 30 years experience with nursing home abuse and neglect cases and a successful track record of obtaining compensation for the victims and their families.

Contact us today for a free case evaluation.

The Seattle Post-Intelligencer reports that Howard and Ardis Steele have filed a suit against Extendicare Homes, Inc., a Wisconsin-based care facility that owns and operates 14 facilities in Washington, including Aldercrest Rehabilitation in Edmonds, where the Steele's daughter died.

Lee Ann Steele, 48, died shortly after she was admitted to Aldercrest Rehabilitation, where her parents placed her after she suffered a stroke. According to the Steele's, Lee Ann stopped breathing and suffered brain damage within 24 hours of being admitted to Aldercrest due to nursing home neglect.

According to the Steeles, the staff never checked on Lee Ann. The Steele's found Lee Ann lying on a rubber mattress with no sheet and tracheal tube equipment lying on the floor on the day she suffered brain damage from lack of oxygen. She stopped breathing because her tracheal tube clogged with mucous and no one cleared it. Lee Ann died within two months of being admitted. Simply stated, the Steele's believe Lee Ann died of nursing home neglect.

The Steele's suit alleges that Extendicare violated consumer protection laws because they fail to provide proper care in their facilities. Extendicare owns 14 facilities in Washington State, including Aldercare. In all, the company owns 188 senior care facilities. In Milwaukee, Wisconsin where the company is based, the report said that 20 of the 26 facilities there have al had serious violations within the past three years. Two of the Washington facilities -- in Auburn and Spokane -- are on a U.S. Department of Health and Human Services list which requires troubled facilities to have extra inspections.

Most nursing homes are professional and have a staff that are conscientious about their jobs. But, sometimes, the for-profit nature of the nursing home business means that patients' needs are sometimes not attended to either because of inadequate staffing, insufficient staff training and lack of supervision.

Nursing home abuse and neglect can take many forms including bedsores, broken bones, dehydration, malnutrition, aspiration pneumonia, urinary tract infections, over prescribing and sometimes even physical or sexual abuse.

If you or a loved one has been serious injured or a loved one has died due to nursing home negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

See our Nursing Home & Elder Abuse Resources.

The family of Doris Rowe, 84, has filed a civil suit seeking unspecified damages attributing Rowe's death of a cerebral hemorrhage to nursing home neglect. Jessica Mayrer, writing for the Boseman Daily Chronicle, details several suits that have been filed against Evergreen Boseman Health & Rehabilitation due to the deaths of their patients.

Evergreen Health Care operates approximately 50 nursing homes in the Northwest. In Washington State, they operate facilities in Longview, Bellingham, Shelton, Tacoma, Auburn, Bremerton, Colfax, Enumclaw, Renton and Seattle.

George Rowe, Doris Rowe's husband, says Evergreen is at fault for his wife's death. Rose entered the nursing home for rehabilitation but her condition grew worse under Evergreen's care. While at Evergreen Boseman, Rowe fell four times and hit her head three times in the 35 days she was there. Her husband says the cause of her death was inadequate and untrained staff. “Staff would not respond to Mrs. Rowe’s calls for assistance to the bathroom, requiring her to attempt her own transfer to the toilet,” the complaint states.

Evergreen Healthcare claimed that Rowe's family could not file a suit because they had signed an arbitration agreement. However, the District Court judge ruled that the suit could be heard before a jury.

Rowe's suit is not the only one filed against the facility. Another elderly resident, Earl Gates, 84, was found dead with head injuries suggesting someone had beat him. Gates' family has filed a suit charging neglect and breach of contract. An employee -- Joshua Adam Rowler, age 23 -- was arrested for felony elder abuse, but the criminal charges were later dropped. The family's suit charges that Evergreen never conducted a background check on Rowler and that he had a prior assault charge.

The Montana Department of Health and Human Services has cited Evergreen earlier this year. In a 65 page document, they listed some of following deficiencies:

• Not providing adequate supervision of patients who were prone to falls.
  
• Leaving residents alone who were fall risks without bathroom access
  
• Over medicating
  
• Insufficient food

Charlene Harrington, a University of San Francisco, California professor who has studied long-term care, says that many nursing homes are understaffed by 5%. She believes that nothing is done about the understaffing because regulation of the companies is not very good.

This information was brought to you by Washington Injury Attorney Blog, a service of The Farber Law Group. We have had a successful track record of representing patients and their families who have suffered neglect or abuse at a nursing home. Neglect can take many forms including broken bones, dehydration, urinary tract infections, over prescribing medication and bedsores.

Contact The Farber Law Group if you are concerned about the care your loved one is receiving. We will provide a free case consultation and help you determine if you have a case.. See our Nursing Home & Elder Abuse Resources for more information.

You may have a parent or a spouse or other loved one in a nursing home. Many people who live in nursing homes have serious health problems and chronic illnesses. Some have difficulty walking, problems with thinking and cognitive ability and other health conditions which require them to live someplace where they can receive the care they need.

According to the Center for Disease Control, a typical 100 bed nursing home will experience 100 to 200 falls of their patients in a given year. That is more than twice the average of seniors who live out in the community. Some 35% of falls are by elderly patients who can no longer walk.

Falls can be serious. Approximately 1,800 nursing home patients die from injuries sustained in a fall. Others have serious injures including broken bones, fractured skulls and hips.

If one of your loved ones experiences a fall and maybe even serious injuries, how do you know if that fall was a result of nursing home neglect? The following are signs of possible neglect:

• Environmental hazards -- some falls are caused by hazards such as wet floors, incorrect bed height, wheel chairs that are not properly fitted or maintained, poor lighting and beds that are adjusted to the wrong height. Any of these causes may be a sign of nursing home neglect.
  
• Foot care -- another cause of falling may be improper foot care and inappropriate foot coverings. Elderly patients need assistance taking care of their feet. They often need help putting on shoes or other foot coverings. If an ambulatory patient is only given socks to wear without a sole, they may slip on slick floor surfaces. Sometimes nursing homes lack the personnel to take care of personal care like helping patients on with shoes. This may be a sign of neglect.
  
• Failure to install safety devices -- nursing homes need to have grab and pull bars near toilet seats and have handrails in the hallways. Without these devices, patients may fall. If a nursing home doesn't have these basic items, this may be a sign of substandard care and neglect.
  
• Restraints -- some nursing homes place patients in restraints as their fall prevention plan. As your loved one's advocate, be assured that restraints do not lower the risk of falls or injuries and may actually increase them. A patient in restraints can not exercise their muscles and their muscles become weak and atrophied and that increases their fall risk.
  
• Dropping a patient -- if a patient is injured while being moved from one place to another, this may be a sign of under staffing, poor training and lack of proper equipment.

If you are concerned that your loved one's hip or skull fracture or other serious injury is due to the negligence of a nursing home, you should contact The Farber Law Group. We have more than 30 years experience in representing the victims of nursing home abuse and neglect. Located in Bellevue, Washington we represent clients all over Western Washington including Everett, Seattle, Renton, Redmond, and Kent. With our experience, we can help you insure that your loved one is receiving the care they deserve.

The family of an 81-year-old patient in a HCR Manor Care facility was awarded $6 million dollars in a case of nursing home abuse and neglect after the patient was given an overdose of morphine. In awarding $6 million, the jury found that Manor Care facility in Tucson, was negligent in giving Sylvia Culpepper twice the prescribed dosage of morphine. Manor Care also has facilities in Lynnwood, Gig Harbor, Spokane and Tacoma, Washington.

According to court transcripts, Culpepper was being treated for sciatica, a nerve condition that causes pain. When her physician changed her dosage of morphine, Manor Care erroneously gave her both the old dosage and the new dosage. The jury found that the nursing home was to blame for failing to recognize a morphine overdose and for not having adequate staffing.

In many cases of nursing home abuse or neglect, inadequate or poorly trained staff is the cause.

If you or a loved one has suffered a serious injury or died as a result of nursing home staff negligence or abuse, you should contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

See our Nursing Home & Elder Abuse Resources.

The Olympian reports that the license for The Colonial House Adult Family Home Care in Lacey, Washington has been revoked by the State Department of Social and Health Services. The license revocation means that the facility cannot accept any new residents or previous residents can not be re-admitted.

According to the report, the Colonial violated several regulations which could affect "the safety and well-being of residents." The violations include:

• Failure to maintain a safe medication system
• Failure to take care of a resident's behavioral care needs
• Failure to properly administer medication
• Failure to accurately maintain a medical log for a patient

In many cases of nursing home neglect we represent in our office, they are caused by the nursing home or care facility cutting costs with their staff. The home may not have adequate staffing or the staff may not be properly trained.

The Federal Government regulates nursing homes. Because nursing homes often receive Medicare or Medicaid moneys, they must meet federal standards. The Omnibus Budget Reconciliation Act (OBRA-87) defines a comprehensive set of nursing home regulations to ensure that each resident receives care "to attain or maintain the highest practicable physical, mental and psychosocial well-being."

If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

Check out our Nursing Home Resources.

United States Senators Mel Martinez (R-FL) and Herb Kohl (D-WI) presented a bill which is intended to protect the rights of residents of nursing homes, Fairness in Nursing Home Arbitration Act. Increasingly, nursing homes require patients to sign a document stating that they will agree to arbitration to solve any disputes with the nursing home upon entering a nursing home. This closes a patient's options to take other legal actions in cases of abuse or neglect. Senator Kohl said, "Nursing home residents, one of our nation's most vulnerable populations, must not lose their right to hold nursing homes accountable in the event of abuse or neglect."

The bill does not prevent arbitration but ensures that "arbitration is voluntary and not coerced." If the bill passes, nursing home residents will no longer have to sign away their rights in handling disputes prior to entering into a nursing home facility.

If you or a loved one has suffered a serious injury due to nursing home abuse or neglect, do not hesitate to contact The Farber Law Group. At The Farber Law Group, we are experienced in handling nursing home abuse cases. Contact us today for a free case evaluation.

The Seattle Times reported today that 24-year-old Kent man was arrested on suspicion on killing the wife of one of the patients at the Garden Terrace Alzheimer's Center of Excellence where he worked. Jane Britt, 75, was found dead in the trunk of her car on March 19 in the center's parking lot; She had been beaten and strangled. Police said that Britt regularly visited the Center to visit her husband who has been a patient there for two years.

Police Commander Stan McCall said that DNA collected from Britt's body matched the DNA of an assistant at the Center. The man was arrested and will appear at a bail hearing in King County today. The Seattle Times said they do not release the name of a suspect until they are charged.

Police have not yet mentioned a motive for the slaying but they did say some of Britt's clothing had been removed.

According to the U.S. Department of Justice, the elderly usually experience less violent and property crimes than younger persons. Elderly victims are also less likely to protect themselves against violence by running away, fighting off their offender or calling for help.

In our society as the number of elderly increase, we do see an increasing amount of elder abuse in home care settings and in nursing homes. Elder abuse can take the forms of `general neglect but also financial manipulation, physical abuse and sexual abuse.

If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

The Daily News Online reports that the Cowlitz County Coroner has adapted a new policy and will now investigate all at-home deaths. The County Coroner, Tim Davidson said that they would also investigate deaths at nursing homes if the patient did not die of natural causes. The change in the coroner’s policies is because of concerns of the problem of elder abuse. Corner Davidson and his Deputy Brett Dundas said they will staff the coroner’s office 24 hours a day to ensure that elders who have been abused or neglected will not be buried without documentation of their condition taken place.

Coroner Davidson said he estimates that the office will review about 200 more cases a year due to the change in policy. The Daily News Online says that the policy change stems from concerns of family members who fear that their Grandma or Grandpa was abused which caused their death. He believes that there is a huge problem with elder abuse.

Elderly patients are some of our most vulnerable citizens. Often they cannot speak up for themselves. Hopefully, the coroner’s action will send a message to everyone that cares for the elderly that abuse will not go unnoticed.

If one of your loved one has been seriously injured or you believe that their death was a result of neglect or abuse, you need to seek legal counsel. The Farber Law Group, with a depth of experience in protecting the rights of elderly patients, will provide you a free consultation regarding your case.

The State of Washington revoked the license for an adult care home, Carol’s Country Touch, after investigators found evidence of abuse. Reporter, Leah Beth Ward, writing for The Yakima Herald-Republic reported that the investigation of Carol’s Country Touch on South 32nd Avenue began last summer after a resident reported that she had been verbally attacked and grabbed “harshly and angrily.”

The operator of Carol’s Country Touch, Carol Winters, was reported to have berated residents, yelling and cursing at them when they ate too slowly or walked too slowly. The state says that a license of a facility can be revoked if the operator fails to provide an environment where residents are “free from physical and mental abuse.” A state administrative law judge sided with the state when Winters appealed the license revocation.

The residents were moved to other group homes in mid-August after the state revoked Winters’ license.. David Moon, regional administrator for Residential Care Services, said the state shuts down one or two facilities in the Yakima and Central Washington area per year. The DSHS Aging & Disability Services Administration (ADSA) regulates adult care homes and their web-site provides a wealth of information.

Families of nursing home or group home residences should look for some of the followings signs of physical or emotional abuse:

• Patient is belittled, threatened and verbally or emotionally abused.
• Patient is unclean and their hair is not washed.
• Patient’s dentures are not clean or they are not receiving proper oral care.
• Patient has an unexplained weight loss.
• Patient has bedsores or ulcers.
• Patient has broken bones.
• Patient has an unexplained withdrawal in social interactions, a drastic change in their moods.
• Patients have frequent urinary tract infections.
• Patient’s skin is dry and flaky or red with tears.
• Patient is immobile for long periods of times.
• Incontinent patients are constantly in a wet and soiled condition.
• Patients are physically restrained.
• Few staff visit resident’s rooms.
• Patient’s physical or mental status has changed and the family has not been informed.
• Patient has had a fall.
• Patient has unexplained bruising.
• Patient’s personal belongings have gone “missing” or their financial situation has changed drastically.

If your spouse, parent or loved one has been seriously injured or has died as a result of nursing home neglect or abuse, you should contact an attorney who specializes in elder law. The Farber Law Group has more than 30 years experience in representing families of elderly, infirm and vulnerable adults. Contact us for a free case evaluation.