Bedsores are a leading indicator of nursing home neglect. The appearance of these injuries usually means that the resident was not properly moved or transferred as required, cutting off the blood supply to the skin. If your loved one has developed bedsores in a skilled nursing facility, you may want to hold that entity and its staff accountable for their negligence by filing a personal injury lawsuit.
“An experienced nursing home abuse attorney can help determine if you have a case and guide you through the legal process,” said John Dalli, a partner in the law firm Dalli & Marino LLP. “Bedsores are never the fault of the resident, so you should definitely start asking questions if you see these injuries start to occur.”
Does Your Bedsores Claim Fall Within The Statute Of Limitations?
The first step of a bedsores claim is to review the statute of limitations – the deadline that state imposes on these types of lawsuits. In New York, you generally have three years to file a personal injury lawsuit if the claim is based on negligence. However, if a claim involves medical malpractice, then the statue of limitations decreases to 2 ½ years from the end of the treatment by the facility or doctor that committed the malpractice.What’s the Overall Process for a Bedsore Lawsuit?
All lawsuits are unique, but they usually follow the same pre-trial path:- A complaint is filed
- Discovery is conducted
- Settlement negotiations take place
- If no agreement is reached, the case goes to trial
Filing A Complaint
The person bringing the lawsuit, the plaintiff, files a complaint in the proper court. That complaint is then served on the defendant – the person or entity from whom compensation is sought. The defendant can respond by filing an answer, which usually denies the plaintiff’s allegations. The answer also often features the defendant’s counterclaims and defenses. In lieu of an answer, a defendant may instead file a motion to dismiss. If this happens, the plaintiff files a response to that motion and a hearing is held where a judge decides whether or not the case should be dismissed. If the judge decides to proceed, then the defendant must file an answer and the case moves to the discovery phase.Discovery
The discovery phase of litigation is where each party builds their case and learns information from the other side through various discovery tools, including:- Interrogatories (Written questions)
- Requests for Production (of documents, photos of bedsore injuries, etc.)
- Request for Admission
- Deposition
Settlement Discussions:
Many cases are not decided at trial. The vast majority of civil cases end in a settlement agreement. Discussions can occur throughout the litigation process. An agreement can be reached through negotiations conducted by the parties or by going through a mediator. If an agreement can’t be reached, then the case may proceed to trial.Next Time:
What’s the process when your bedsores lawsuit against a nursing home goes to trial?Contact Nursing Home Abuse Attorneys
Bedsores are the #1 sign of neglect at a nursing home. If your loved one has developed this type of injury at a skilled nursing facility in New York, call the law firm of Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. Our team serves Suffolk and Nassau Counties (Long Island), Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Westchester County.
You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page. Read More
A jury recently awarded $750,000 to a paralyzed man who suffered from bedsores caused by negligent care at a skilled nursing facility in Bronx County. The settlement was negotiated by the nursing home abuse attorneys at the law firm Dalli & Marino, LLP.
The resident was often left in a wheelchair for extended periods of time without being moved or transferred as required by his care plan. The resident should not have been allowed to remain in a wheelchair without proper cushioning, prompting once-closed bedsores to re-open. The jury determined that the nursing home staff failed to follow proper protocols and did not provide the resident with the required care. The bedsores were completely preventable, and the jury agreed.
Bedsores One of The Leading Indicators of Neglect in a Nursing Home
“Bedsores are the most preventable of all injuries in a nursing home,” said John Dalli, a partner in the law firm Dalli & Marino, LLP. “Their presence usually indicates that the facility is understaffed. There are often not enough staff to take care of the residents who are bedridden and need turning and repositioning.”
Bedsores Can Develop in As Little as Two to Three Hours
Over 2.5 million people develop bedsores in the U.S. each year. These wounds can develop relatively quickly, in as little as two to three hours, according to Johns Hopkins. Anyone who stays in one position for a prolonged period of time can be at risk. This would include nursing home residents who are immobile or bedridden as well as people who cannot feel pain because of diabetes, circulation problems and malnutrition.
“It’s imperative to get the patient immediate medical attention before the injuries progress to life-threatening situations,” said Dalli.
Contact Nursing Home Abuse Attorneys Dalli & Marino
Bedsores are the #1 sign of neglect at a nursing home. If your loved one has developed this type of injury at a skilled nursing facility in New York, contact the law firm of Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. Our team serves Suffolk and Nassau Counties (Long Island), Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Westchester County.
You can reach us by phone at 1-888-465-8790 [Toll-Free] or by completing the CASE EVALUATION FORM on our Contact Page.
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A recent study by The Journal of The American Geriatrics Society found that 75% of nursing home residents had been subject to at least one potential medication error.
Senior citizens are living longer with the help of prescription medications, often taking five or more drugs per day. But the possibility of being prescribed inappropriate meds rises as the quantity of prescriptions increases. And those hazards can multiply in a nursing home environment.
“Unfortunately, when a nursing home is managing the care and medication for hundreds of residents, errors can be made. Particularly if the facility is short-staffed,” said John Dalli, a partner in the law firm Dalli & Marino, LLP. “A medication error can refer to a drug prepared in the wrong fashion, administered incorrectly, or managed differently than instructed by a physician or pharmacist.”
What Are Some Common Medication Errors In A Skilled Nursing Facility?
The range of medication errors in a nursing home differs widely. On one hand, they can be minor, such as administering a drug that expired a couple of days prior, or not feeding a patient whose medication requires that it be taken with food. On the other hand, more serious errors can include giving a medication to the wrong patient or prescribing a drug that interacts negatively with a medication the patient is already taking.
Why Do So Many Medication Errors Occur?
Many factors influence how a patient receives a prescribed medication in skilled nursing facilities. Errors can happen when any single one of those factors goes awry in supply, dispensing, overall information, administration or training. Specifically:
- Failure to monitor proper dosage
- Transcription error or illegible handwriting
- Inadequate or improper training of nursing staff
- Short staffing, leading to overworked employees
- Confusing medication names or product labeling
- Insufficient information about the drug and how to administer it
- Incorrect dispensing by the pharmacy or unavailability of the drug
Who Is To Blame For Medication Errors In A Nursing Home?
Medications most likely pass through many hands before they are given to patients in nursing homes, multiplying the possibility for errors:
- The nursing home facility itself may be liable if they fail to have clearly stated procedures and comprehensive training for all employees, in addition to the nurse or caretaker who administered the medication.
- Physicians who prescribe the drugs may be negligent if they fail to consider potential negative drug interactions
- Pharmacists who make mistakes in measuring and distributing the medication may also be negligent
If I Suspect They Are Mismanaging My Parent’s Medications, Who Should I Contact?
Many people can help you approach the problem, depending on the situation. If you trust your loved one’s physician or nursing home supervisor, you can talk to them about the employees who manage daily medications. If your relative is cognizant and aware, they may be able to give you information. Alternatively, you may file a complaint through the grievance system at any Medicare/Medicaid-certified nursing home. Or you can contact one of the many government agencies in place to protect elder abuse victims such as Adult Protective Services who will assign a case manager. You may also call 911.
Contact Nursing Home Abuse Attorneys Dalli & Marino
Since medication errors are not always considered nursing home abuse because they may not be intentional, it is advisable to speak with legal counsel to determine the best court of action. Our firm has worked extensively on such cases and can help support you through the investigation and litigation process.
Since 1999, Dalli & Marino has helped families recover millions of dollars in cases of neglect at nursing homes or other elder care facilities. Our team serves Suffolk and Nassau Counties (Long Island), Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Westchester County. You can call our office today at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
An elderly woman’s estate recently recovered $400,000 from a Bronx nursing home found liable for the negligence that caused her to fall and break her hip. The settlement was negotiated by the nursing home abuse attorneys at the law firm Dalli & Marino, LLP.
“The facility’s staff failed to properly assess her as a fall risk when she first arrived and then failed again to sufficiently monitor her during her stay. She later fell, fracturing her hip,” said John Dalli, Partner in Dalli & Marino.
Falls are the leading cause of fatal and non-fatal injuries among adults 65 and older, according to The Centers for Disease Control and Prevention (CDC). Even worse, the agency reports that death rates from falls among older adults increased 30% from 2007 to 2016.
Nursing Home Residents Particularly Vulnerable to Falls
Older adults living in skilled nursing facilities can be particularly vulnerable. Nursing home falls often occur because of poor staffing as well as a lack of preventative measures such as protective floor mats, lowered beds and bed alarms.
“If residents need help getting to the restroom, they are supposed to push the call button. But if their calls are ignored, they’ll attempt to get up themselves. Unfortunately, that’s how many falls happen.”
Contact Nursing Home Abuse Attorneys
Falls in these skilled nursing facilities are a common but tragic result of nursing home neglect. If your loved one has fallen at a skilled nursing facility in New York and you suspect the cause was negligent care, call the Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. Our team serves Suffolk and Nassau Counties (Long Island), Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Westchester County.
You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
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The New York Daily News shares a disturbing report on elder abuse in North Carolina, where three employees at an assisted living facility were charged with assaulting an individual with a disability after encouraging, and even filming, dementia patients fighting each other.
One employee also allegedly shoved an elderly resident, pushing her “into a room, turned off the light and yelled to the resident to go to sleep, and then closed the door leaving the resident in the dark room,” according to a North Carolina Department of Health and Human Services report.
Neglect Also Included Medication Errors and Poor Training
The Danby House in Winston-Salem was also cited for several deficiencies including failure to administer prescribed medications, failure to audit and review patient charts and lack of proper training among staff members. The facility is currently not allowed to take in new patients according to local reports.
“This facility is literally a house of horrors created by a lack of supervision and proper staff training,” said John Dalli, partner in the law firm Dalli & Marino, LLP.
“Terrible stories like these reinforce the importance of researching staffing levels before selecting a nursing home, and then visiting your loved ones there as often as you can.”
Read the article by clicking on this link.
Copyright © 2019. Tribune Publishing Company, LLC. All Rights Reserved.
Contact Nursing Home Abuse Attorneys Dalli & Marino
If you suspect your loved one has experienced abuse or negligent care at a nursing home facility in New York, call the law firm of Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
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Federal agency The U.S. Centers for Medicare & Medicaid Services (CMS) will now call out specific nursing homes that have been cited for abuse and neglect, according to a story from Modern Healthcare.
The agency’s Nursing Home Compare website will add icons next to the skilled nursing facilities in your area with reported violations beginning October 23. The icons will flag facilities that have reports of harmful abuse of a resident within the past year and potentially harmful mistreatment of a resident during the last two years.
CMS Quality Ratings
In April, CMS launched its Five-Star Quality Rating System to help drive quality improvements throughout the nursing home system and empower consumers with more information to make these decisions.
“We applaud this important next step in providing consumers with as much transparency as possible in what is always a challenging decision for a family,” says Salvatore Marino, a partner in the law firm Dalli & Marino, LLP. “The information is in government health inspection reports — but it’s usually difficult to find. Now people will quickly see which nursing homes are rated the safest in their areas.”
READ THE COMPLETE ARTICLE BY CLICKING ON THIS LINK
Copyright © 1996-2019. Crain Communications, Inc. All Rights Reserved.
Contact Nursing Home Abuse Attorneys Dalli & Marino
If you suspect your loved one has experienced abuse or negligent care at a nursing home facility in New York, call the law firm of Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
Read More“Elderly Woman’s Son Says His Mother’s Severe Facial Injuries Are From Nursing Home Abuse” – WABC-TV
An 86-year-old woman’s son suspects that her brutal facial injuries were caused by nursing home abuse in a New Jersey facility, according to a report from Toni Yates at WABC-TV.
Benny Gomez says his mother suffered double fractures to her face, a broken nose and stitches. The Westfield Center Nursing Care facility claims her injuries were the result of a fall. But Gomez said that she told him before that aides had hit her.
Lack of Staff at Nursing Home Often Leads To Neglect and Abuse
John Dalli, a partner in the law firm, Dalli & Marino, LLP emphasizes the importance of staffing and supervision at nursing homes.
“Unfortunately, we see these horrors occur when facilities lack staff and proper training for the employees they do have. No matter the cause, these types of injuries are the result of abuse and neglect, and nursing homes are liable for damages.”
New Jersey state health officials and local police are investigating.
Gomez said, “You go to the hospital and you see your mother in this position…is just unexplainable.”
READ THE COMPLETE STORY BY CLICKING ON THIS LINK
Copyright © 2019 American Broadcasting Companies, Inc.
Contact Nursing Home Abuse Attorneys Dalli & Marino
If you suspect your loved one has experienced abuse or negligent care at a nursing home facility in New York, call the law firm of Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
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New York’s new Child Victims Act has allowed at least 639 sexual abuse survivors across the state to file civil suits against abusers and the institutions that protected those abusers, according to the New York State Unified Court System.
That number only accounts for cases filed from August 14, the day the law went into effect, to September 9. Many more are expected because of the new law’s “look back” window of one year, letting anyone who was sexually violated or abused to bring a lawsuit no matter how long ago the incidents occurred.
“You can’t turn back the clock on what happened. But New York State is now allowing survivors to hold the people accountable who victimized them, no matter when the crimes took place,” said John Dalli, partner in the law firm Dalli & Marino, LLP. “Filing a civil lawsuit forces the abusers to answer for what they did as opposed to hiding in the shadows.”
WHAT CAN SEXUAL ABUSE SURVIVORS EXPECT IF THEY COME FORWARD?
Survivors would meet with an attorney to tell their stories, providing details as much as they can. The attorney would then investigate the situation, such as locating and speaking with any witnesses who could corroborate your story. Your law team should also look to see if your incident was a larger pattern of abuse in an institution or locale. Your lawyer would also identify the parties who were negligent and/or abusive and file suit.
If your case goes to court, you have the opportunity to tell your story there. If the alleged perpetrator is alive, he or she must answer questions under oath, under threat of perjury. The typical timeframe for this type of lawsuit takes 2-3 years, but many of these cases could be decided by mediation instead of trials.
SURVIVORS HAVE THE RIGHT TO A TRIAL BY JURY
Your case is stronger if you have some documented evidence of the past abuse such as if you ever confided with a teacher, a physician or friend. However, nobody talked about this taboo topic until recent years. It’s understood that this may be the first time that you’ve talked about your experience.
“The more facts, the better. But if you only have your testimony, it doesn’t mean you don’t have a case,” Dalli added. “You have a right to a trial by a jury who will determine if your story is truthful and who is ultimately responsible under the law.”
HOW DALLI & MARINO CAN HELP SURVIVORS
If you are a survivor of sexual abuse, call the law firm of Dalli & Marino for a free, confidential case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuse. You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
Our mission since 1996 has been to fight for those who can’t fight for themselves. We’ve seen how institutions such as schools, hospitals and nursing facilities have used their power to avoid their responsibilities. We know how to hold these institutions accountable for ignoring these crimes and prioritizing their reputations above children’s safety. Our team serves Suffolk and Nassau Counties (Long Island), Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Westchester County.
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John Dalli, a partner in law firm Dalli & Marino LLP, was one of four attorneys invited to present at the New York State Civil Court Board of Judges’ seminar in September in Long Beach, New York. Mr. Dalli shared his insights with 50 judges on how the New York State Public Health Law are used to stop elder abuse and neglect in nursing homes, often involving resident falls and bedsores.
Dalli Warns Against Forced Arbitration Clauses in Nursing Home Agreements
He also focused on how many skilled nursing facilities include forced arbitration clauses in the Admission Agreements that families must sign before a patient is admitted. Signing such an agreement prevents you from suing a facility for damages in court. Instead, your case and any monetary awards are decided by an outside private arbitration company instead of a jury.
Dalli discussed how he was successfully getting agreements voided in court because the family member that signed it did not have the authority to forfeit that resident’s right.
“These agreements take away an important right, your right to have your case heard in a court of law before a jury,” says Dalli. “These nursing homes are taking advantage of vulnerable families when they often don’t have the time to consider all of the options and consequences.”
Dalli’s participation at this New York State Civil Court Board of Judges seminar is part of Dalli & Marino’s ongoing efforts to help families receive justice as a result of negligent care by nursing homes..
Contact Nursing Home Abuse Attorneys Dalli & Marino
If your loved one has suffered injuries at a nursing home facility in New York and you suspect the cause was negligent care, call the law firm of Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
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It’s well known in the nursing home industry that the presence of bedsores in patients indicates a facility is understaffed, resulting in neglect. Unfortunately, in New York City, a vast majority of these skilled nursing facilities fall short on providing enough care for their residents, according to a recent City Limits investigation. The news outlet found that almost three-quarters of these facilities rated “Below Average” or “Much Below Average” for staffing by the Centers for Medicare and Medicaid Services, the federal agency that oversees the nursing home industry.
“Statistics like these reaffirm how families need to be on high alert if their loved ones live in a nursing home,” said John Dalli, a partner in the law firm Dalli & Marino LLP. “For example, bedsores are signs of illegal neglect and abuse, but are hard to find if you don’t suspect them.”
What Is A Bedsore?
Sometimes called a pressure ulcer, a bedsore is “localized damage to the skin and underlying soft tissue usually over a bony prominence,” according to the National Pressure Ulcer Advisory Council.
Bedsores occur when a person does not move from one position for an extended period of time. Staying in just one position can put pressure on certain areas of the body, reducing the blood supply to the skin and tissues under the skin. A sore may form if the blood supply gets to low.
Who Is At Risk For Bedsores?
Over 2.5 million people develop bedsores in the U.S. each year. These wounds can develop relatively quickly, in as little as two to three hours, according to Johns Hopkins. Anyone who stays in one position for a prolonged period of time can be at risk. This would include nursing home residents who are immobile or bedridden as well as people who cannot feel pain because of diabetes, circulation problems and malnutrition.
“If your parent is in a nursing home, the staff should provide the care that they require,” said Dalli. “If residents are unable to move themselves, their treatment should include being moved frequently. Otherwise, it’s a sign of elder abuse if bedsores develop.”
What Complications Can Result From Bedsores?
A bedsore that is not properly treated can become infected. And if the infection spreads, other symptoms may develop including fever, weakness, rapid heartbeat, chills and mental confusion. Dangerous complications can also include sepsis, cellulitis and bone or joint infections, according to the Mayo Clinic.
How Can I Check For Bedsores?
Bedsores occur in certain areas of the body, often in bony parts that don’t have much fat to pad them, including the lower back, heels and hips. These wounds can also occur on the base of the spin (tail bone), the shoulder blades, the backs and sides of the knees, and the back of the head. There are four stages of bedsores, ranging from red skin, to abrasions, on up to large open wounds that become susceptible to infection.
What Should I Do If I’ve Spotted Bedsores?
You need to take your loved one to a doctor right away for proper medical care. If the sore has developed in a nursing home, the staff and physician there should be alerted immediately.
Can I Bring A Lawsuit If A Loved One Has Suffered Bedsores?
It depends. If the bedsore developed as a result of negligent treatment, then you may be able to bring a lawsuit against the medical professionals or facility responsible for the injury. For example, if your loved one was immobile and not turned on a regular basis at the nursing home and developed a bedsore, then you may have a claim against the facility for negligence.
Contact Nursing Home Abuse Attorneys Dalli & Marino
If your loved one has suffered from bedsores at a nursing home facility in New York and you suspect the cause was negligent care, call the law firm of Dalli & Marino for a free case evaluation. Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
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