May 28

Nursing Home Abuse/Neglect - A Guide for Families from Lipcon & Lipcon, PA

Often, families reluctantly have to place their loved ones in Nursing Homes or Assisted Living Facilities (ALFs), in order to assure medical attention and every-day assistance that they are not able to provide for themselves. They expect, and are certainly entitled to, top quality care.

Unfortunately, there are situations where residents of these facilities are not treated properly. Many become injured, or fall into poor health, due to neglect or intentional abuse. Examples include individuals who are not well fed, not given access to their doctors, not bathed frequently, not turned or moved to avoid bedsores or ulcers, and, not given the dignity and human rights they deserve.

Florida has laws in place to ensure that the care, dignity and rights of Nursing Home and Assisted Living Facility residents are protected. Nevertheless, it has been reported that many residents have become helpless victims of Neglect & Abuse; and, the problem is on the rise. If you think your loved one has been mistreated, you can do something about it!

Below are some FAQ’s from our clients, friends and families who have loved ones or family members in a Nursing Home or ALF:

How do I select the best Nursing Home or Assisted Living Facility for my loved one?

Evaluate your needs to determine which nursing home is best suited for your particular situation. For example, do you need a facility to care for a loved one suffering from Alzheimer's? Do you need dialysis machines, or, a specialized wound care center?

Ask your physician for referrals; and, speak to others such as family, friends and neighbors who have been through a similar situation.

Contact your State and ask for copies of published information, such as Nursing Home Guides and surveys.

How do I ensure my loved one is receiving high quality care?

The most important part of ensuring care is to remain involved in your family member's life. Monitoring and observing changes in their condition is essential to ensuring they are being cared for properly.

What do I look for when checking up on my loved one?

Diet: Make sure that your family member is drinking enough water and eating well. Because nursing home CNA charting can be inaccurate, be sure to visit at mealtime to check the food, and, see if your loved one is eating. Malnutrition and dehydration can cause life threatening diseases including urinary track infections, kidney failure, and, skin breakdown that can lead to bedsores, dementia and a weakened immune system.

Weight loss: Watch closely for weight loss by your family member. Do not rely on the nursing home's stated weight, because they may try to hide weight loss. A good place to check for weight loss is the upper arm and calves.

Dehydration: To check for dehydration, you should look at skin tone and dryness in the mouth and lips, along with pinching the skin on the forehead or the sternum. If the skin sticks together and leaves a ridge, there could be a dehydration problem.

Bedsores: If your family member is immobilized in bed or in a wheel chair, they are at risk for bedsores. On visits, ask them if they have any cuts or wounds. If they are unable to answer, be sure to check their entire body on every visit. Without proper prevention and care, bedsores can appear overnight. Common areas for bedsores are on the heels, hips and buttocks. If a bedsore is allowed to develop, it will cause serious illness .. and, even death .. to your loved one.

Toilette Use: If your family member needs assistance to use the toilet, a facility with insufficient staffing will have the motivation to put him or her in diapers, because it is less work. As a consequence, it will be very difficult to become self-regulating. This will be used as an excuse to keep your loved one in the nursing home, instead of an Assisted Living Facility (ALF). Insist that your family member is taken to the toilet regularly. If he or she is starting to have accidents, complain that it is because the call light is not being answered, rather than it being an incontinence problem. Ask your family member, frequently, if he or she has any symptoms, such as burning urination, and dark, cloudy or foul smelling urine.

Confusion/ Dementia: If your family member starts showing signs of confusion and/or dementia after entering the nursing home, these symptoms are not just part of normal aging. They are, usually, caused by some type of disease; or, they can be triggered by malnutrition or dehydration. Insist that the facility and the doctor run blood tests to rule out disease, malnutrition and dehydration.

Rehabilitation & Exercise: Make sure that the facility is following through with any rehabilitation they have promised. Occasionally, you or someone else needs to be there while your family member is doing his or her exercises, in order to see if they are being effective.

Bathing & Cleanliness: Make sure that your loved one is fully bathed, at least three times a week. Your family member should not have any body odor or scaling skin. Check for proper nail and dental care.

In general, let the facility know that you are watching them; and, that you know what they are required to do. Don't be afraid to let them know that you are aware of the (Federal/State/local) regulations governing the care of your loved one.

What do I do if I encounter resistance to monitoring my loved ones care?

Report resistance to the highest level of management, at once. If you encounter any resistance at that level, you should consider moving your loved one to another facility.

What do I do if I have reason to believe my loved one is in a life-threatening situation?

Insist that the staff call an ambulance to take your family member to a hospital. If they refuse, dial 911 yourself. It is possible that your family member could die while you argue with the staff about appropriate treatment.

What are the signs of Nursing Home Neglect & Abuse?

Nursing Home neglect and/or abuse can be physical and/or verbal. Both forms are very serious, and, it is important to know the warning signs. If you notice any of the following, your loved one may be the victim of abuse:

* Any open wounds or cuts
* Unexplained injuries such as broken bones, bruises, or welts
* Reports of being slapped, pushed, shaken or beaten
* Falls
* Being physically restrained to the bed or chair
* Over-medication causing lethargy or unresponsiveness
* Weight Loss
* Sudden slurred speech
* Deprivation of food or water, for any amount of time
* Emotional upset or agitation
* Extremely withdrawn and non-communicative
* Displaying unusual behavior such as sucking, biting or rocking
* Displaying behavior that is: humiliating, insulting, frightening, threatening or ignoring towards family and friends
* Wanting to be isolated from other people
* Injuries requiring emergency treatment or hospitalization
* Any injury or death occurring during, or shortly after, an episode of wandering (including outside the facility)
* Unexplained or unexpected death
* A nursing home resident injuring another nursing home resident
* Skin discoloration or deterioration
* Burns

Warning signs often go unnoticed by loved ones or family members. Do not ignore your instincts or suspicions. Don't be afraid to ask questions and investigate. Take an active role in your loved one's care, to insure that they are receiving the attention they deserve.

Loved ones may not tell their caregivers about the abuse because:

* They may be too frightened
* They may have been threatened by the abuser
* They may think that this abuse is "normal"
* They may not even be aware that they are being abused
* They may even think that they deserve to be "punished"

What do I do if I suspect Nursing Home Neglect or Abuse?

If you believe that your loved one is suffering from abuse or neglect, TAKE ACTION IMMEDIATELY! The first thing you should do is CALL 911. In some circumstances, call the police. Then, remove your family member from the facility. Take him or her to another nursing home; or, if urgent care is required, get them to a hospital.

Lipcon & Lipcon is recognized as one of the top firms, nationally, and in the State of Florida for representing families and victims of Nursing Home and Assisted Living Facility Neglect & Abuse.

$300,000.00 Recovery for Negligent Security at Hotel

Daily Business Review

Miami-Dade Circuit Court

$300,000.00 awarded to woman assaulted at hotel

CASE: Inna Budnytska vs. 10 Le June Road, Inc., Airport Regency Hotel, Airport Regency Management, Inc., and
Interports Security Service, Inc.

COURT: Miami-Dade Circuit Court

JUDGE: Scott Silverman

PLAINTIFF’S ATTORNEY(S): David W. Lipcon and Mitchell J. Lipcon of Lipcon & Lipcon, PA.

Ms. Budnytska, a native of the Ukraine, was working aboard the Norwegian Dawn, an NCL ship, when she injured her hand. As part of a claim for maintenance and cure, she was sent to Miami for medical treatment. She was housed at the Airport Regency Hotel. Approximately four (4) months after she checked into the hotel, she was attacked, in her room, and assaulted. A claim was made by her attorneys, against the hotel for negligent security. In addition, the security company for the hotel was brought into the suit.

Ms. Budnytska sustained an open wound to her right eye, multiple orbital fractures, facial lacerations and post traumatic stress disorder. She was treated, initially, for her injuries at the Ryder Trauma Center at Jackson Memorial Hospital.

It was alleged in the law suit that the hotel failed to provide a safe place for their guests, failed to perform an adequate security analysis, failed to have adequate monitoring of their security cameras and negligently allowed an un registered guest to have access to hotel room floors.

RESULT: The case was settled after mediation for $300,000.00.

April 14

$150,000.00 Settlement for Injured Shoulder

www.LipconLawFirm.com

Slip and Fall; Seaman

Miami, FL; $150,000.00 awarded to injured crewmember

CASE: Ioannis Skordilis v. Celebrity Cruises, Inc.; Case No.: 07-20313 CA 27

COURT: Miami Dade County Circuit Court

JUDGE: Maxine Cohen Lando

PLAINTIFF ATTORNEY(S): Mitchell J. Lipcon and David W. Lipcon of Lipcon & Lipcon, PA

Ioannis Skordilis, Greek, second electrician aboard a Celebrity Cruises ship, was injured when he slipped and fell in the ship’s stairway. He claimed that there was cleaning fluid on the steps that was not visible, causing him to fall and injure his shoulder. Mr. Skordilis was sent to Miami for medical care and treatment. He eventually underwent arthroscopic surgery of the shoulder. His orthopedic surgeon, Dr. John Wilkerson, felt that Mr. Skordilis made a partial recovery from his injuries but was limited in the amount of weight he could lift to 25 lbs. or less. Ship’s regulations call for a ship’s electrician to be able to lift at least 50 lbs. Therefore, Mr. Skordilis could no longer work on a ship. The Defendant claimed Mr. Skordilis could find a job, on shore, as an electrician.

RESULT: The case was settled just prior to trial for $150,000.00

February 04

2.3 Million Dollar Settlement for Nursing Home Abuse Victim

From www.verdictsearch.com

Nursing Home Abuse

87 year-old nursing home resident developed severe and infected bed sores as a result of facility’s neglect. Both legs became gangrenous and necrotic. Ultimately both legs had to be amputated.

Due to confidentiality agreement, names of Plaintiff and defendants cannot be disclosed.

SETTLEMENT $2,300,000.00

CASE Estate of Jane Doe v. XYZ Nursing Home, in Miami

COURT Miami-Dade County Circuit Court

ATTORNEY(S) David W. Lipcon and Mitchell J Lipcon, of Lipcon & Lipcon P.A.,

Plaintiff was a full time resident of the defendant nursing home,totally dependent on its nursing care. Plaintiff complained to her nurses that for at least three days her legs were going numb and sore. She was ignored. She was not bathed or changed during that time. When Plaintiff’s family was allowed to see her, they discovered multiple large bed-sores. Her legs showed the beginning signs of gangrene. She was rushed to the hospital where it was necessary to amputate both legs below the knees. during discovery it was revealed that the nurses failed to follow their own care protocol by not turning and repositioning plaintiff every 2 hours. It was also revealed that Plaintiff was not given the proper nutrition and was unable to feed herself. Plaintiff was a Medicare patient.

During the discovery stages, her lawyers were successful in arguing to the court that they should be allowed to present a claim for punitive damages to the jury. The case settled after that ruling,and prior to trial.

RESULT: A pretrial settlement for $2,300,000.00 was reached.

$990,000.00 Settlement for Crushed Foot

From www.verdictsearch.com

MOTOR VEHICLE Pedestrian

Woman sustained crushed foot while walking in front of truck

SETTLEMENT $990,000.00

CASE E.D., Plaintiff, v. Miami
Provisions, Inc. and Ralph De Collibus, No. 06-04453 CA 11

COURT Miami-Dade County Circuit Court,
11th, FL

JUDGE Robert Scipio

PLAINTIFF ATTORNEY(S) David W. Lipcon and Mitchell J. Lipcon of Lipcon & Lipcon, PA

FACTS & ALLEGATIONS Plaintiff, 81, retired, was planning on meeting her grandson at the Burger King located at Collins Avenue near 183rd Street for breakfast. Plaintiff did not own a car and used public transportation for all her needs. She had just dropped off some mail at a nearby post office and was walking northbound on the sidewalk on Collins Avenue, heading for the restaurant. A Boar's Head delivery truck, owned by Miami Provisions Inc. and driven by Ralph De Cc-Anhui, was stopped at the stop sign at a shopping mall exit, facing Collins Avenue, intending to turn right (southbound). After making sure the truck was stopped, Plaintiff proceeded to walk in front of it, making it all the way across the nose of the vehicle, from its right to the left, before the truck started forward, hitting her and running over her left leg.

Plaintiff sued De Collibus and Miami Provisions for his neg­ligent operation of a motor vehicle. Her lawyers contended that she had the right of way and had walked most of the way across the front of the truck before De Collibus negligently struck her.

The defense contended that Plaintiff was comparatively neg­ligent. It contended that Plaintiff crossed in front of the large truck in a way that may have blocked the driver's view of her.

INJURIES/DAMAGES amputation, below-the-knee: crush injury, .foot

Plaintiff’s left foot was crushed requiring multiple surgeries and eventually a below-the-knee amputation. Plaintiff sought damages for her medical bills and her past and future pain and suffering.

RESULT The case settled pretrial for $990,000.

INSURER(S) Allstate Insurance Company

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Trip and Fall results in $500,000.00 award to client.

From www.verdictsearch.com

PREMISES LIABILITY

Trip and Fall

Man tripped on rebar protruding from parking block

SETTLEMENT $500,000

CASE R.A., and E.R., his Wife v. Al McCormick, No. 06-02605 CA 30

COURT Miami-Dade County Circuit Court, 11th, FL

JUDGE Kevin Etnas

ATTORNEY(S) David W. Lipcon and Mitchell J Lipcon, of Lipcon & Lipcon P.A.,

DEFENSE ATIORNEY(S) The Hartford Insurance Group, Key Biscayne, FL

FACTS & ALLEGATIONS:

Plaintiff, 67, a business owner, was working at his shop. He leased the shop from Defendant and had done so for 20 years. Plaintiff was walking through the parking lot/driveway owned by Defendant, on his way to a coffee shop. He claimed that he was careful to walk along the curb, mindful of any traffic that may approach him. He contended that he was unaware of a piece of rebar protruding out onto the street driveway, extend­ing from a broken parking block that was camouflaged by grass, mud and leaves. The rebar caught his foot, causing him to fall to the ground, crushing his right hip and injuring his knee.

Plaintiff sued Defendant on a premises liability theory, claim­ing negligent maintenance.

Plaintiff’s lawyers contended that about a year before the acci­dent, Defendant placed the parking blocks on the grass abut­ting the street to deter trucks from driving over his it. The trucks began to hit the parking blocks, causing them to break. Witnesses testified that the blocks had been broken for some time, but the rebar was impossible to see due to the debris and mud around it.

Plaintiff’s lawyers argued that Defendant had a duty, under state law, to maintain his property in a safe condition and warn of any dangers that may lie hidden on his property. He has a further "special relationship" with Plaintiff as he is his land­lord.

The defense contended that Plaintiff should have seen the rebar and was comparatively negligent for failing to pay atten­tion to where he was stepping.

INJURIES/DAMAGES embolism; hardware implanted; hip,. internal fixation; knee; open reduction; pulmonary

When Plaintiff fell, he injured his hip and knee. He testified that it took almost 25 minutes for anyone to hear his cries of help. Plaintiff underwent surgery on April 21, 2004, to repair his hip. His treating physician, Ivan Barrios, performed the open reduction and internal fixation of his hip fracture using plates, springs and bone grafting. As part of the procedure, Plaintiff’s muscles were detached from the area. The fracture essentially consisted of two large fragments involving a significant portion of the posterior and superior wall of the acetabulurn causing instability. There were also lesser fracture fragments that were scattered in the area. The fragments were repositioned and fixed with K-wires before they were permanently Fixated with a spring plate. The spring plate had to be fixated with screws after prop­er drilling of the screw holes. After a lengthy procedure, the muscles were reattached to the region by being threaded by drill holes that were created.

Only two weeks after returning home, Plaintiff reported again to the hospital due to pain in his right lower back and short­ness of breath. It was discovered that as result of his injuries, surgery and recovery, Plaintiff was now suffering from acute dys­pnea, pleuritic pain/hematuria and pulmonary embolism. The stabbing pain in his right lung became progressively worse. He became nauseous. CT scans at Pan American confirmed bilat­eral pulmonary thromboemboli. He was admitted and placed on a course of coumadin so he could resume physical therapy. Again, he was given medication for severe pain. He had to remain at Pan American Hospital for about a month.

Plaintiff testified that he was in regular pain and suffered a severe decrease in motion and strength in his legs.

RESULT A pretrial settlement for $500,000 was reached.

www.verdictssearch.com

February 04

$600,000.00 Awarded to Family

Daily Business Review

JURY VERDICTS AND SETTLEMENTS

Miami-Dade Circuit Court

$600,000 awarded to family of woman who fell in day-care center van

An adult day-care center agreed to pay $600,000.00 to the family of an elderly woman who falls out of her wheelchair while riding in the defendant’s van.

J.A., 73, was a passenger in a West Active Day Center van when the driver stopped short. The lap belt that attached her wheelchair to the floor of the van became loose, causing her to slide out and hit the floor when the van stopped.

The driver acknowledged he never used a shoulder strap and was never trained to do so.

The Plaintiff sustained a severe leg injury.

CASE: Estate of Aguilera v. ACSR, Inc.

Case No,: 06-5423 CA 08

Plaintiff's Lawyers: DAVID W. LIPCON and MITCHELL J. LIPCON, of LIPCON & LIPCON, P.A.

$150,000.00 Settlement for Injured Shoulder

www.LipconLawFirm.com

Slip and Fall; Seaman

Miami, FL; $150,000.00 awarded to injured crewmember

CASE: Ioannis Skordilis v. Celebrity Cruises, Inc.; Case No.: 07-20313 CA 27

COURT: Miami Dade County Circuit Court

JUDGE: Maxine Cohen Lando

PLAINTIFF ATTORNEY(S): Mitchell J. Lipcon and David W. Lipcon of Lipcon & Lipcon, PA

Ioannis Skordilis, Greek, second electrician aboard a Celebrity Cruises ship, was injured when he slipped and fell in the ship’s stairway. He claimed that there was cleaning fluid on the steps that was not visible, causing him to fall and injure his shoulder. Mr. Skordilis was sent to Miami for medical care and treatment. He eventually underwent arthroscopic surgery of the shoulder. His orthopedic surgeon, Dr. John Wilkerson, felt that Mr. Skordilis made a partial recovery from his injuries but was limited in the amount of weight he could lift to 25 lbs. or less. Ship’s regulations call for a ship’s electrician to be able to lift at least 50 lbs. Therefore, Mr. Skordilis could no longer work on a ship. The Defendant claimed Mr. Skordilis could find a job, on shore, as an electrician.

RESULT: The case was settled just prior to trial for $150,000.00

April 14

$300,000.00 Recovery for Negligent Security at Hotel

Daily Business Review

Miami-Dade Circuit Court

$300,000.00 awarded to woman assaulted at hotel

CASE: Inna Budnytska vs. 10 Le June Road, Inc., Airport Regency Hotel, Airport Regency Management, Inc., and
Interports Security Service, Inc.

COURT: Miami-Dade Circuit Court

JUDGE: Scott Silverman

PLAINTIFF’S ATTORNEY(S): David W. Lipcon and Mitchell J. Lipcon of Lipcon & Lipcon, PA.

Ms. Budnytska, a native of the Ukraine, was working aboard the Norwegian Dawn, an NCL ship, when she injured her hand. As part of a claim for maintenance and cure, she was sent to Miami for medical treatment. She was housed at the Airport Regency Hotel. Approximately four (4) months after she checked into the hotel, she was attacked, in her room, and assaulted. A claim was made by her attorneys, against the hotel for negligent security. In addition, the security company for the hotel was brought into the suit.

Ms. Budnytska sustained an open wound to her right eye, multiple orbital fractures, facial lacerations and post traumatic stress disorder. She was treated, initially, for her injuries at the Ryder Trauma Center at Jackson Memorial Hospital.

It was alleged in the law suit that the hotel failed to provide a safe place for their guests, failed to perform an adequate security analysis, failed to have adequate monitoring of their security cameras and negligently allowed an un registered guest to have access to hotel room floors.

RESULT: The case was settled after mediation for $300,000.00.