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Nursing Home Resident Employee Posts Nude Snapchat of 93 Year Old Resident

A former employee of a nursing home has now been charged with a felony after posting a video of a 93 year old resident to Snapchat wearing only a bra. This new case follows a December ProPuplica and Washington Post report that reported on 35 incidents of employees of nursing homes posting inappropriate photos or…

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Sixth Circuit Court of Appeals – Family Not Bound by Arbitration Clause

The Sixth U.S. Circuit Court of Appeals held that a deceased Kentucky nursing home resident’s purported agreement to arbitrate against the facility does not block wrongful death claims brought on behalf of his estate. The Court rejected arguments by Richmond Health Facilities – Kenwood and Preferred Partners, Inc. that the Federal Arbitration Act (FAA) gave…

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73 Year Old Nursing Home Resident Found in a Large Dumpster Behind Facility

Unbelievable. Another story of a nursing home resident found dead outside the facility before the nursing home ever reported the resident was missing. Last week in Detroit, construction workers found a 73 year old nursing home resident’s body in a dumpster behind the nursing home. It was not until later that day that the workers…

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California Court Issues Order That Health & Safety Code Section 1418.8 Is Unconstitutional

The California Advocates for Nursing Home Reform filed a Petition for Writ of Mandate asking that Health & Safety Code Section 1418.8 be declared unconstitutional.  The legislature enacted Health & Safety Code Section 1418.8 to allow certain incompetent residents residing in skilled nursing facilities or intermediate care facilities receive medical treatment after a physician has…

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Protecting Your Rights in Nursing Homes

As with most life milestones, signing up for a nursing home means filling out a lot of paperwork. In addition to financing, rules and procedures, emergency contacts and vitamin supplements, the nursing home industry also includes sections that protect themselves from wrongful accusation. While this is a smart and prudent business strategy, in the wrong…

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Bed Sores

At first blush, when you hear the term bed sores it doesn’t sound serious. However, we have to take immediate notice because bed sores are a sign of serious neglect. Bed sores can develop quickly; if a person is not receiving the proper amount of circulation within their body, (usually due to lack of activity),…

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Facility Use of Anti-Psychotic Drugs for Patients with Dementia

One of my top five pieces of advice to family members who have loved ones in a long term care facility (a nursing home, residential care facility for the elderly, or board and care)  is the following: question facilities who prescribe or administer anti-psychotic medications for alleged behavioral and psychological symptoms of dementia. Why? Because the therapeutic goal…

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Indwelling Urinary Catheters Should Not Be Used to Manage Incontinence

Unfortunately, it is all too common for skilled nursing facilities and hospitals to use indwelling urinary catheters to manage urinary incontinence. However, indwelling urinary catheters are the most common source of bacteremia. In fact, the federal Health Care Infection Control Practices Advisory Committee (HCICPAC) recommends minimizing urinary catheter use and duration of use in all patients. The…

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Nursing Home Neglect: When to Get An Attorney

Elder abuse can come in many forms: neglect, improper dispensing of medications, improper use of restraints or power, causation of emotional distress, or failure to provide care in a timely manner. The signs of elder abuse can be obvious or subtle and some find the idea of broaching the topic of possible abuse overwhelming, understandably…

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Hospice Provider Good Shepherd Settles False Claims Act Suit with DOJ

Two former employees of Good Shepherd, Inc. (a hospice provider that bills Medicare) filed suit under the Qui Tam/Whistleblower provisions of the False Claims Act. The U.S. Government alleged in the suit that Good Shepherd hospice provider knowingly submitted or caused submission of false claims for hospice care for patients who were not terminally ill.…

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