Philadelphia Injury Attorney Blog

Nursing home abuse and elder abuse is simply inexcusable. The Philadelphia nursing home abuse law firm of Reiff and Bily recognizes that nursing home and assisted living residents are some of the most vulnerable and defenseless victims of personal injuries.

On May 4, 2009 Pennsylvania Congressman Joe Sestak announced the introduction of the Patient Safety and Abuse Prevention Act which would prevent those with criminal histories from working in long-term care settings by creating a comprehensive nationwide system of background checks. The legislation would expand a highly successful three year pilot program which would prevent more than 7,000 applicants with a history of substantiated abuse or a violent criminal record from working with and preying upon elders and individuals with disabilities in long term care settings. The Bill calls for states to establish coordinated systems that include checks against abuse and neglect registries and a State Police check which facilities can utilize on a voluntary basis. The measure also adds a Federal component to the background process by screening applicants against the FBI’s nation database of criminal history records. Apparently, thousands of individuals with a history of substantiated abuse or criminal record are hired every year to work closely with exposed and defenseless seniors within our nation’s nursing homes and other long term care facilities.

Statistics indicate that currently over 91% of all nursing homes and assisted living facilities are improperly staffed and the situation continues to worsen with the devastation of the economy. Most abuse cases are not reported and statistics reveal that the source of abuse often comes from improperly screened care givers. We anticipate and trust that Congressman Sestak’s proposed legislation will go to great lengths to reduce this alarming statistic and increased frequency of nursing home neglect.

At the Philadelphia nursing home abuse law firm of Reiff and Bily, we have successfully handled thousands of cases since 1979 recovering in excess of $150,000,000 for our clients. We believe that nursing homes and assisted living facilities must be held accountable for the poor treatment of our loved ones in their golden years. We have considerable personal experience with these matters and will work with you and our experienced team of experts and investigators to represent your rights. Call today for a free consultation with a nursing home or elder abuse and neglect lawyer to evaluate your nursing home negligence case at 1-800-421-9595 or online at www.reiffandbily.com.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Elder Law , Medical Malpractice , Negligence , Nursing Home Abuse/Neglect , Personal Injury , Wrongful Death

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My mother-in-law is 92 years old and is currently a resident of a prominent assisted living facility. For the past year, many of the residents and their families have made numerous complaints about the inadequacy of the quality of care delivered in the facility. As I visited the nursing home facility over the past year, it was not uncommon to learn of the deaths of individuals who I had just seen appearing in healthy condition just weeks earlier. Apparently with the decline in the economy, the care at the nursing home had declined to less than acceptable. Many inhabitants and families were noticeably angry and lodging complaints to the young administrator who had a background, unbelievably and more surprisingly, in physical education. The number of clinical registered nurses at the facility was reduced and replaced with practical day nurses who often do not have proper or adequate training. Budgets for nursing supplies, resident activities, and other services also have decreased. When questioned about the apparent decreased standards and conditions, we were told that the company was working to improve the situation, but frankly, this has just been plain old lipservice. The company even started to re-work financial arrangements quietly with many of the residents to prevent growing attrition.

The New York Times recently conducted an analysis of nursing homes and collected data by government agencies from 2000 to 2006. The analysis noted that when nursing homes are acquired by large private investors, they cut expenses and staff (sometimes below minimum legal requirements). According to the New York Times article published on September 23, 2007, it is noted that the typical nursing home acquired by a large investment company scored worse than national rates in 12 out of 14 indicators that regulators use to track elements of long term residents. Before these homes were acquired by private investors, many of these homes scored at or above national averages in similar measurements. The article notes that private investment companies have made it very difficult for plaintiffs who have suffered harm to succeed in court and for regulators to levy chainwide fines due to the creation of complex corporate structures that have obscured who controls the nursing homes. (New York Times article)

Continue reading "THE DECLINING QUALITY OF CARE AT NURSING HOMES AND INSURANCE CRISIS - THE CRISIS THAT IS CURRENTLY EMBODYING MANY NURSING HOMES AND THEIR QUALITY OF CARE - AN AFFECTED NURSING HOME ABUSE LAWYER SPEAKS OUT" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Elder Law , Nursing Home Abuse/Neglect , Personal Injury , Wrongful Death

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Long term care insurance refers to the insurance for care taking and services beyond medical care and is used by people who have a disability or chronic illness or plainly just in their “golden years”. People are living longer these days and, unfortunately, normal health insurance policies and Medicare do not pay for long term care expenses. Long term care insurance typically covers the cost of health in your home with daily activities like bathing, dressing, eating, cleaning, adult daycare, visiting nurses, care in a nursing home or assisted living programs and services that are provided in a special residential setting other than in your home which services may include meals, health monitoring and help with daily activities.

Approximately ten years ago, a persuasive insurance agent convinced me that it was necessary to purchase long term care insurance for myself, as well as my aging parents. As any individual who has reviewed a newspaper within the past month can determine, many of the insurance companies in America are in deep financial crisis. It appears that there is much more trouble on the horizon for the beleaguered insurance industry. Recently, benefits for some 164,000 long term care policyholders at Conseco Senior Health Insurance Company may be in danger as they are moved to an independent trust. For more information on this, please see my blog article dated October 13, 2008.

Since 1979, I have exclusively devoted my legal practice to handling catastrophic injury and insurance claims cases. In the process, I have developed a fairly intimate knowledge of the insurance industry as I have worked with many experts including but not limited to actuaries, economists, lobbyists, product developers and insurance industry executives. As a financial investor, I have carefully studied trends and balance sheets of insurance companies. I have even been asked to participate in the start up of a few insurance companies. The field of long term care insurance is a fairly young industry and has been largely in the premium collection mode (to date) from the baby boomers who are now aging or have parents who are entering the “golden years” period of life. The financial weakness of the markets is starting to reveal its effect on even the major insurance industry players as they face declining sales and an aging population. Claims are being denied or delayed and premiums being increased in a more than harsh fashion in what this writer perceives as an attempt to negate or cancel policies for non-payment.

Continue reading "LONG TERM CARE INSURANCE - A CRISIS ON THE HORIZON" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Elder Law , Insurance Claims , Personal Injury

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The Golden years Are Not Always So Golden

Our elders are responsible for the way the world is today. They have unlimited knowledge of the world and should be treated with respect. It is a sad fact to recognize that this is not always the reality. Elder care abuse is a very serious issue and every year thousands of elderly Americans are abused in their own homes, in relatives’ homes, and even in facilities responsible for their care. The Pennsylvania elder care lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling elder care abuse cases since 1979.

As elders become more physically frail, they are less able to stand up to “bullying” and or fight back if they are physically attacked. Seniors may not be able to see or hear as well as they could in their earlier years. Senior citizens might not also think as clearly as in the past, making it easy for unscrupulous people to take advantage. Mental or physical ailments may make it more difficult to take care of a loved one, in a care facility, or nursing home.

Elder care abuse can take many forms: physical, emotional, or sexual abuse, neglect, financial exploitation, or healthcare fraud. Physical abuse may consist of hitting, shoving, or inappropriate use of medication, restraints, or confinement. Emotional abuse such as intimidation, humiliation, or blaming is common. Emotional abuse is not limited to verbal actions, but can include nonverbal psychological abuse such as ignoring them, isolation, or terrorizing them. Sexual abuse is forceful sexual contact or other improper sexual acts. Neglect or abandonment is failure to fulfill a care-taking obligation, which are the most common reported cases of elder abuse. Neglect can be active (intentional) or passive (unintentional). Financial exploitation involves unauthorized use of an elderly person’s funds or property either by a caregiver or an outside scam artist. Financial exploitation includes: misusing personal checks, credit cards, or bank accounts; stealing cash, income checks, or household goods; forging signatures; or engaging in identity theft. Healthcare fraud and abuse can be carried out by doctors, nurses, hospital personnel, or other professional caregivers. Examples of healthcare fraud include: not providing healthcare, but charging for it; overcharging or double-billing; not following medical equipment laws; getting “kickbacks” for referrals to other medical providers or for prescribing certain drugs; over-medicating or under-medicating; recommending fraudulent remedies for illnesses or other medical conditions; or medicaid/medicare fraud.

Continue reading "Elder Care Abuse" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Elder Law , Personal Injury

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Nursing homes are meant to be a safe place where the elderly are taken care of by professionals who care and will treat your family members with respect. Staff members of the facility are presumed to abide to strict codes of conduct. However, that is not always the case. Some residents of nursing homes are subject to physical abuse, mental abuse, and neglect. The Pennsylvania nursing home lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling thousands of nursing home abuse and neglect cases since 1979.

CBS news reported that a congressional report in 2001 says 5,283 U.S. nursing homes, nearly one-third, have been cited for abuse. The report says more than 40%, or 3,800 abuse violations, were only reported after formal complaints from residents, their families or community advocates. Over 1,000 homes were cited for more than one abuse violation in a two-year period, 305 homes were cited for three or more abuse violations, and 192 nursing homes were cited for five or more abuse violations.

Continue reading "Nursing Home Abuse and Negligence – Safe or Sorry?" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Elder Law , Medical Malpractice , Personal Injury

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