Philadelphia Injury Attorney Blog

Under the law, a nursing facility must promote care for its residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality. When our parents or relatives get older, often it is difficult for their children to take care of their long term needs at home and in order to provide the best possible care for loved ones in their golden years, a decision is made to place them under the responsible and compassionate care of a nursing home. Of course, when one selects a nursing home, we look for one with an excellent reputation and rating and anticipate that our loved ones will be cared for in an excellent manner.

I am now 58 years old and have had to place several members of my family into the nursing home system in various states in America. I have also represented many long term care patients and nursing home residents who have been abused or negligently treated as a result of improper training, poor management, and failure to supervise. Over the last three decades, our skilled Pennsylvania nursing home abuse lawyers have investigated many cases of elder abuse including but not limited to sexual abuse, verbal abuse, physical abuse, improper distribution or withholding of medicine, failure to administer proper health care, withholding food, invasion of privacy, as well as other activities which fail to respect the dignity of the nursing home resident.

Several times a month, our skilled nursing home abuse lawyers receive phone calls from children or relatives of victims of nursing home abuse whether it involves a single or repeated act, a lack of appropriate care, or responsive actions. There is nothing worse than the victim’s expectation of trust being breached in their golden years in an abusive manner by a caretaker. The psychological and emotional humiliation of a victim spreads beyond the victim to the family of the victim, and unfortunately remains largely a hidden problem.

The experienced Pennsylvania nursing home abuse law firm of Reiff and Bily is committed to preventing elder abuse. Several of our staff are members of charitable organizations that regularly contribute to the safety and welfare of elderly persons. We work closely with many local and federal agencies and resource centers dedicated to the prevention of elder mistreatment and believe that those who mistreat or abuse our elderly loved ones must be held accountable for their actions. Our skilled Pennsylvania nursing abuse attorneys always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

A 20-year old autistic man died of hyperthermia after being left in a hot van for more than 5 hours following a trip to a suburban Philadelphia theme park. The victim, Brian Nevins, was a resident at Woods Services, a Langhorne, PA-based organization that provides support and services to people with severe disabilities.

Middletown Township police say the man was left in the van on the Woods Services campus for five hours after a trip to Sesame Place. A spokeswoman for Woods Services stated that a staff person has been suspended, but the investigation continues.

Our hearts and prayers go out to the family of Brian Nevins who was a vulnerable and defenseless victim.

If you or a loved one has been injured as the result of negligence in an assisted living facility or nursing home, please contact one of our experienced Philadelphia lawyers for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Nursing home abuse and elder abuse is simply inexcusable. The Philadelphia nursing home abuse law firm of Reiff & 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 & 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.

This afternoon the Philadelphia nursing home and elder abuse attorneys at Reiff & Bily were consulted on a case where an elderly woman was repeatedly sexually molested and accosted by a caregiver while being transported in an ambulance. Not so surprisingly, this abhorrent behavior is fairly common as elderly people, our most vulnerable citizens, are abused while being transported in an ambulance or while residing in a nursing home or assisted living facilities. Thankfully the United States Senate has introduced a new bill which will prevent people with criminal histories from working in long term care settings by creating a comprehensive nationwide system of background checks. The proposed legislation dubbed “The Patient Safety and Abuse Prevention Act” expands on a successful three year pilot program authorized under the 2003 Medicare Modernization Act. The pilot program prevented more than 7,000 applicants with a history of substantiated abuse or violent criminal records from working in long term care settings in the Alaska, Idaho, Illinois, Michigan, New Mexico and Wisconsin.

We salute the courageous sponsors of this legislation Senator Herb Kohl (D-Wis), Chairman of the Senate Special Committee on Aging, and Senator Susan Collins (R-Maine). Congressman Joe Sestak (D-Pa) is expected to introduce a companion bill in the United States House of Representatives. Legislation has been strongly endorsed by State Attorney Generals across the country, The Elder Justice Coalition, The Leadership Council of Aging Organization, AARP, The American Healthcare Association, The American Association of Homes and Services of the Aging and many senior care advocates including nursing home abuse and neglect lawyers of the Philadelphia law firm of Reiff & Bily.

If you or a loved one has been injured as a result of nursing home or elder abuse, please contact us at 1-800-421-9595 for a free evaluation of your case.

Willow Crest Manor was shut down by the Commonwealth of Pennsylvania in December after two patients allegedly died because of possible medical errors. Stacey Witalec, a spokesperson for the Department of Public Welfare, stated, “Given the history of serious and life-threatening incidents this facility has had... it is our intention for them to remain closed.” Many of the patients of Willow Crest Manor were elderly or suffered from mental illness. In ordering the closing, DPW stated that Willow Crest failed to give one of the patients who died Medrol as prescribed by a doctor for bronchitis and asthma and failed to elevate her legs which were covered with open bleeding ulcers according to agency records. The home also failed to give emergency treatment and report her death within 24 hours as the law requires. In the past, Willow Crest had been in trouble with the Commonwealth for numerous health and safety violations including but not limited to understaffing and medication and recordkeeping errors. For more details on this story, see the article published by The Inquirer on Friday, December 19, 2008. (news article)

Continue reading "Pennsylvania Nursing Home Abuse Lawyer Salutes The Commonwealth Of Pennsylvania For Shutting Down Willow Crest Manor" »

Pennsylvania Rep. Jim Wansacz ,D-114; Karen Boback, R-117; Frank Andrews Shimkus, D-113; and Ken Smith, D-112, sponsored various new bills aimed at preventing neglect of the elderly by individuals responsible for their care. The bills would toughen penalties for care givers when the neglect of individuals in their care results in death, setting new reporting requirements for neglect cases, requiring physicians to disclose any financial ownership in a long term care facility, as well as requiring the facility provide advance notice as residents are relocated.

As an experienced Philadelphia personal injury lawyer practicing elder law abuse and nursing home abuse, I have been astounded by the preponderance of the declining quality of care at nursing homes and its direct relationship to the economic and insurance crisis. Nursing home and elder abuse has come to the attention of many government agencies and many lax laws and financial webs created by private investment companies who have ownership interest in nursing homes have made it very difficult for plaintiffs who have suffered harm to succeed in court and for regulators to levy chain-wide fines due to the creation of complex corporate structures that obscured who controlled the homes. A recent report issued by Health and Human Services has found that nearly all nursing homes in the United States have received citations for health and safety violations in 2007.

When placing a loved one in a nursing home one expects, and is the right of the resident, to live in a clean, healthy, attractive and safe environment, to receive proper medical care, nursing care and rehabilitative and restorative therapy, and personal hygiene. Also, the residents have a right to be informed of his or her medical condition unless the physician indicates in the medical records that it is not in the best interest of the patient to be told. Nursing home and elder abuse is a crime against the sick, elderly and helpless. Although many cases of nursing home abuse exist, many law firms are afraid to go after the mighty Wall Street investment firms that have so cleverly created corporate webs to protect their investments.

Continue reading "PENNSYLVANIA ELDER ABUSE LAWYERS Reiff & Bily SALUTE PENNSYLVANIA LAWMAKERS IN THEIR EFFORTS TO REVIVE BILLS TO PREVENT ELDER ABUSE IN PENNSYLVANIA" »

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" »

PHILADELPHIA NURSING HOME ABUSE ATTORNEY, JEFFREY REIFF, WEIGHS IN

According to a study referred to by Robert Pear in the New York Times on Monday, September 29, 2008, more than 90% of nursing homes were cited for violations of Federal Health and Safety standards last year, and for profit homes more likely have problems than other types of nursing homes, Federal investigators stated in a report issued Monday, September 29, 2008. According to the article, about 17% of nursing homes had deficiencies that caused “actual harm or immediate jeopardy” to patients according to a report by Dr. Daniel R. Levinson, the Inspector General of the Department of Health and Human Services. (New York Times article).

Problems included bed sores, medication mixups, poor nutrition and abuse and neglect of patients. Inspectors received 37,150 complaints about conditions in nursing homes last year and this substantiated 39% of them the report said. About 1/5 of the complaints verified by Federal and State authorities involved the abuse or neglect of patients.

About 2/3 of nursing homes are owned by for profit companies, while 27% are owned by non-profit organizations and 6% by government entities according to the report. The Inspector General noted that 94% of for profit nursing homes were cited for deficiencies last year, compared with 88% of non-profit homes and 91% of government homes.

“For profit nursing homes have a higher average number of deficiencies than other types of nursing homes,” Mr. Levinson said. “In 2007, for profit nursing homes averages 7.6% deficiencies per home, while non-profit and government homes averaged 5.7 and 6.3% respectively”. On Monday, Mr. Levinson issued a compliance guide for nursing homes that says some homes have “systematically failed to provide staff in sufficient numbers with appropriate clinical expertise to serve their residents”.

Continue reading "94% OF NURSING HOMES WERE CITED FOR VIOLATIONS OF FEDERAL HEALTH AND SAFETY STANDARDS LAST YEAR - FOR PROFIT HOMES MORE LIKELY TO HAVE PROBLEMS THAN OTHER TYPES OF NURSING HOMES CLAIM FEDERAL INVESTIGATORS " »