Archive for the ‘ Nursing Home Abuse ’ Category

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16
Apr

Inspector General: Nine Out Of Ten Nursing Homes Employ A Convict

The New York Times recently reported that the inspector general of the federal government issued findings that 90% of nursing homes have an employee who has been convicted of at least one crime.  (See the link below.)  Worse yet, almost half of nursing homes employed five or more people who had at least one criminal conviction.  For 16% of the employees with convictions, the most recent conviction was while they were employed by the nursing facility.

One quote from the article is especially concerning.  It quotes a doctor who is a professor of nursing at U.C. San Francisco to say, “Even some of the better nursing homes have problems with theft, rampant theft of residents’ clothing and personal possessions, including jewelry.  People convicted of crimes are often left alone with nursing home residents because the supervision of care is, in many homes, very inadequate.”

Schmidt Kramer lawyers help families who feel their loved ones have fallen prey to inadequate supervision by nursing homes. This article was especially concerning when people going into nursing homes are in a fragile state, or they would go home. Families trust their loved ones to nursing homes, and when the care and supervision is substandard, people get hurt. Nursing homes should live up to the promises they make when they give someone a home where they are supposed to be safe and well cared for.

http://www.nytimes.com/2011/03/03/us/03nursing.html?_r=1#

Joe Chapman
SCHMIDT KRAMER PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300

http://blog.schmidtkramer.com/ for all things injury law.

Facebook.com/SchmidtKramer

Twitter.com/TalkToALawyer

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7
Mar

Paper Reports That Central Pennsylvania Surgeon Disciplined

(3/7/12)  – The Lancaster New Era is reporting that an orthopedic surgeon from Lancaster recently was disciplined by the state medical board for having sex with a woman he was treating and for prescribing the woman drugs, including methadone, without properly examining her.  The paper reports that Dr. Robert S. Mathews had his medical license suspended for two years, a suspension that was stayed provided he does remedial education and is monitored for a time by another surgeon.   He also was fined $5,000 by the board.  It was the second time in recent years Mathews has been disciplined by the state.

Mathews was disciplined for his conduct between 2003 and 2007 with a woman identified as “S.T.” in the consent agreement and order issued by the state.

For more on the incident and other issues in the case go to the Lancaster Intelligencer Journal/New Era website at the link below:

http://lancasteronline.com/article/local/599915_Pa–boards-discipline-local-surgeon–nurse-in-separate-incidents.html

How confident are you that Pennsylvania and other state are making sure that incidents like this do not occur?

The Pennsylvania medical malpractice attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have regarding an issue involving medical or nursing home negligence or recklessness in Harrisburg, Central Pennsylvania and around the Commonwealth.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer

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24
Feb

Free Showing Of “Hot Coffee” Movie At Central Pennsylvania Law School In Harrisburg – Sponsored By Schmidt Kramer

(2/24/2012) – The Student Bar Association of Widener University’s School of Law Harrisburg Campus is holding a free showing of the film Hot Coffee next week.  For the full details, see below. 

What other places have you seen or shown the movie?

Wednesday, February 29, 2012.5:00pm until 8:00pm.. A180/Administration Building Reception Room

The second annual Student Bar Association (SBA) film series event is taking place on February 29th with the screening of the award-winning HBO documentary, “Hot Coffee,” in conjunction with the local Harrisburg law firm of Schmidt Kramer PC. The film generally focuses on the implications of tort reform and the misconceptions of the “infamous” McDonald’s hot coffee case. Following the film, we will be hosting a live chat with the director, attorney Susan Saladoff.

The event will start at 5:15 p.m. with a reception in honor of Scott Cooper, a Widener alumnus and the new President-elect of Pennsylvania Association for Justice. This should prove to be a great networking event as many attorneys from the association, and the Dauphin County bar will be present. FREE FOOD will be available (including scallops in bacon and crabcakes).

The film is set to begin at 6:15 p.m. and the live chat at approximately 8:00 p.m.

A brief synopsis of the film is as follows:

Seinfeld mocked it. Letterman put it on one of his Top Ten lists. More than 15 years later, the McDonald’s coffee case continues to be cited as a prime example of how citizens use “frivolous” lawsuits to take unfair advantage of America’s legal system. But is that an accurate portrayal of the facts? First-time filmmaker & former public interest lawyer Susan Saladoff uses the infamous legal battle that began with a spilled cup of coffee to investigate what’s behind America’s zeal for tort reform. By following four people whose lives were devastated by the attacks on our courts, this thought-provoking documentary challenges the assumptions Americans hold about “jackpot justice.

A brief synopsis of Ms. Saladoff’s resume is as follows:

SUSAN SALADOFF (Producer, Director) spent twenty-five years practicing law in the civil justice system, representing injured victims of individual and corporate negligence. She stopped practicing law in 2009 to make the documentary, HOT COFFEE, her first feature-length film. She began her career as a public interest lawyer with the law firm of Trial Lawyers for Public Justice, now known as Public Justice, an organization that, for the last 25 years, has been at the forefront of keeping America’s courthouse doors open to all. Susan was recognized by her peers as an Oregon Super Lawyer for five consecutive years from 2006 to 2010. She is a graduate of Cornell University and George Washington University Law School, and has frequently lectured at the state and national levels on the importance of the civil justice system.

View the trailer at:

http://www.youtube.com/watch?v=bBKRjxeQnT4

See everyone there!

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15
Feb

137 Nursing Homes in Pennsylvania are Lowest Quality Rating by Medicare

Medicare has a system for rating nursing homes. The government does this because, “Nursing homes vary in the quality of care and services they provide to their residents. Reviewing health inspection results, staffing data, and quality measure data at three important ways to measure nursing home quality.” Below is a link to the section of Medicare’s website which addresses nursing home ratings. Medicare stresses that this is not a substitute for actually going to the nursing home and taking the checklist they developed.

Sometimes a family must choose a nursing home by availability. Schmidt Kramer PC lawyers help those families whose loved ones are not cared for as the nursing home promised and the family expects. Nursing home neglect happens. This rating system may help a family making the decision now, and may give insight to a family who is struggling with their loved one’s care, now.

If you have questions about an injury your loved one suffered in a nursing home call an injury attorney at Schmidt Kramer to discuss.

http://www.medicare.gov/NHCompare/include/DataSection/Questions/SearchCriteriaNEW.asp?dest=NAV|Home|Search|Home%20Page#TabTop

Joe Chapman
Schmidt Kramer PC

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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9
Feb

Pennsylvania State House Ready To Vote On Unconstitutional Corporate Venue Law

Contact Your Pennsylvania State House Representative Immediately!

Ask He or She to “Vote NO on House Bill 1976– The Corporation Venue Protection Act”

February 9, 2012 — The Pennsylvania state house may soon vote on what will be known as the the Corporation Venue Protection Act, HB 1976, which gives corporations special rights and protections in all civil cases.  The bill’s supporters spin there argument and call it a “venue shopping” bill, but the bill is really designed to protect corporations that are responsbile for injuring or killing people through reckless, intentional or reckless conduct because it applies only to venue in “actions against corporations and similar entities.”

If passed, this bill will usurp the Supreme Court’s exclusive rulemaking power on venue and all but abolish the ‘minimum contacts’ jurisdiction test.   Emboldened by their win on joint and several liability, the Pennsylvania Chamber of Business & Industry admits it wants to “continue the momentum.”   The Chamber is actively pushing HB 1976.  

For the sake of the preserving your rights and the rights of a loved one who may be injured or killed by such conduct, it is time to push back now.

Contact your state representative to vote “no” on the HB 1976. HB 1976 is unconstitutional, departs radically from longstanding legal doctrine, and unfairly singles out corporations for protection against accountability for harms they cause to Pennsylvania families.

If this legislation becomes law it will have a dramatic impact on those injured or killed as a result of corporate misconduct  in a car wreck or accident, impacted by a defective product, or any other personal injury claim (excluding medical malpractice) in not only Harrisburg, Central Pennsylvania but the entire Commonwealth.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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25
Jan

Pennsylvania Legislature Moves On Legislation Which Caps Punitive Damages In Nursing Home Claims – Even For Unlawful Conduct

The Pennsylvania House of Representatives passed a measure, last week, which will cap the punitive damages awarded in nursing home abuse lawsuits.  House Bill 1907 now goes to the Pennsylvania Senate where the Senate should be urged not to even consider this unconstitutional, unnecessary, and hurtful measure.

Specifically, the legislation caps punitive damages at 200 percent of compensatory damages awarded in medical negligence lawsuits that name nursing, long-term care, assisted living, and personal care facilities as defendants, even for unlawful conduct. The only exceptions are when a defendant intentionally or knowingly acted negligently.

The sole reason for passing the law is to bolster a nursing home’s profits at the expense of safety.  Even more insulting to the elderly and victims is the fact that Pennsylvania’s Governor Corbett is endorsing this measure.

Don’t you agree that this Bill should not see the light of day?

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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12
Aug

Cumberland County, Pennsylvania Hospital In Carlisle Alleged SERIOUS PROBLEMS.

Three days ago, a story broke, that Carlisle Regional Medical Center (“CRMC”) had been taken to task by the Pennsylvania Department of Health. The article said two deaths in the Emergency Department may be blamed on dangerous understaffing.

I read the survey results on the DOH website, and it doesn’t look good for CRMC. Below are the lowlights, because I’m certain CRMC would not call them highlights.

The hospital did not, “provide high quality health care to ensure care was provided in a safe setting.” On a specific day, May 23, 2011, the ED had allowed at least one patient to wait sixteen hours before being taken to the med-surg service or the ICU. In this period, it was found the ED was down a nurse. Nurses in the ED complained to their supervisor, but no remedy was found. The following day, a similar situation occurred, again when the ED was one nurse short. The supervisor did not fix the staffing problem. The problems continued through June 3, 2011.

Despite the days of problems, the facility’s Emergency Department continued to accept patients, and did not send seriously ill people to a hospital that could provide appropriate care.

CRMC appears to have violated its own policy of moving patients to the proper service within thirty minutes of the order having been written.

In an interview, an unnamed source said, “When we tell administration they say we are out of control and troublemakers.” The doctors, who are temporarily hired in, do not know how to use the computer system and slow the work of the nurses. When a cardiac patient codes, requiring the full attention of the staff, there is a single nurse left to watch the trauma patients, and some of the cardiac monitors don’t work.

An unnamed employee stated, “The patients have a delay in treatment because of lack of staffing.” Part of the problem is that CRMC is not hiring. There were only two part-time nursing positions open in the other parts of the hospital. If the ICU nurses or the med-surg nurses are overwhelmed, and that is causing long hold times in the ED, it appears CRMC is doing nothing to fix the problem. Another quote from the survey: “Insufficient staff causing a backup in the ED.”

Hospital management was aware of serious understaffing, and “told the ED nurses to be more creative.” It appears the ED director was fired because of attempting to fix the understaffing problem.

Now to the specific cases that ended in patient deaths.

The Department of Health Survey says, “…the facility failed to ensure that the Emergency Department services were provided to meet the emergency needs of patients in accordance with acceptable standards of practice for two of two serious events reviewed.” Keep in mind, these are not my words, these are not the reporters words, these are words I’m copying from the survey done by Pennsylvania.

Incident: June 5, 2011. A patient triaged from the Emergency Department to Intensive Care Unit, taken to CT Scan from the ED, on the way back to ED, coded and died. Evidently, the patient went to the CT Scan without a nurse, as no nurses were available. When he became unresponsive, he was brought back to the ED for resuscitation. The patient coded after being in the ED for six hours. An unnamed employee said that at the time of the incident, the ED was full and the waiting room was full. It appears that the ED was short one RN and was at less than minimal staffing.

Incident: June 11, 2011. A cardiac patient was seen by a doctor who intended he would be transferred to another facility. The patient was diagnosed with critical aortic stenosis. He arrived at CRMC at approximately 11:14a.m., and still in the ED, passed away at 6:37p.m. A man with a serious heart problem and dramatic symptoms, stayed in the ED for almost seven hours. A doctor’s note, said the patient remained “in the emergency room due to staffing issues…” No order was ever written for a transfer to an outside facility. Department of Health officials reviewed a medical record, which they report said the following: “The ED was overwhelmed. Nurse patient ratio was 9:1, 6:1, and 7:1. The triage nurse was taking patients and unable to answer call bells. IV pumps were unavailable. There were delays in getting beds and delays in patients being evaluated by MD. A code occurred and the patient died.” On the day of the incident, the ICU was full and management was aware of the situation.

After these events, the hospital did not even follow the simple duty of reporting the serious incident to the state, as required by law. An unnamed employee told the state investigators that death on the way back from the CT scanner met the facility’s own definition of a serious event, which should have been reported. No kidding. CRMC’s patient safety officer was not informed of the event. Similarly, unnamed employees, speaking about the death of the cardiac patient, said the incident was not reported to the patient safety authority. Another person said that “there were unsafe staffing in the Emergency Department that may have contributed to the death of the patient and this was not reported to the Patient Safety Authority.”

Two hindered thirty three RN shifts were not filled from June 21, 2011 through July 23, 2011. The ED had insufficient staff to cover all shifts.

From May 22 through June 8, 2011, the Emergency Department was used for inpatient care, which is not allowed. The ED was not designed, equipped, and staffed for inpatient care. This is a violation of patient-limit regulations in the Pa. Code. Beds in the ED were used as inpatient beds for up to eighteen hours. CRMC knew that these patients were considered “inpatient” as the billing confirmed it. Two hundred people were held in this manner in violation of regulations. Sadly, this was a repeat deficiency which had been raised in March of 2009.

Joe Chapman
SCHMIDT KRAMER PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300

http://blog.schmidtkramer.com/ for all things injury law.

Facebook.com/SchmidtKramer

Twitter.com/TalkToALawyer

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20
May

Aging Pennsylvania raises concerns over health care capacity and funding

May 20, 2011

The 2010 U.S. census showed Pennsylvanian’s median age increased by approximately two years. The Daily Item from Sunbury, Northumberland County, Pennsylvania showed we are now one of five states with the median age over 40. The Times Tribune from Scranton noted the census results and saw increasing populations of senior citizens specifically in Pike and Monroe counties.

As Pennsylvania’s population ages, the need for high-quality nursing home care will come into central focus. Injury lawyers at Schmidt Kramer represent clients who suffer nursing home neglect or other forms of negligence.

The Pennsylvania Department of Public Welfare has designated certain “never events” which are symptomatic of bad nursing home care. As the first baby boomers turn 65 this year, Pennsylvania’s elder care community needs to increase the level of staffing, doctors trained in geriatrics, and its general level of competency.

When you or your family have been injured at the hands of a nursing facility or hospital, the attorneys at Schmidt Kramer are here for you. Talk to a Harrisburg nursing home litigation lawyer.

See the articles in the Daily Item and Times Tribune.

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