Moving a loved one to a nursing home is an emotional decision for families in Pennsylvania and the Ohio Valley. When a move is finally made, everybody wants to believe the community chosen will provide the highest quality of care and service. And often, a positive experience is exactly what happens. But sometimes, nursing homes fail, neglecting their residents — and putting those residents’ health at risk. Negligence cases are unfortunately more common than you think, such as this case in Warren County in which four nursing home employees allegedly failed to provide care to a resident, resulting in the person’s death. Negligence may not be as severe as the Warren County case, but it is nonetheless painful for residents and their families. Recognizing the signs of nursing home negligence and understanding your family’s rights and options is important to protecting your loved ones. Nursing Home Resident Rights in Pennsylvania Pennsylvania has established strong legal rights for nursing home residents under the Older Adults Protective Services Act (OAPSA). Combined with federal rights, Pennsylvania seniors in nursing homes have the right to: Be treated with respect Not be discriminated against Be free from abuse and neglect Proper medical care Information on community services and fees Proper privacy, property, and living arrangements Spend time with visitors Receive social services Financial independence (the right to manage your own money or choose someone to do so) Complain without fear of retaliation Be informed of their medical conditions, including changes to their care Knowledge of the fees they are being charged by the nursing home These rights are broad, and taken as a whole, form a blueprint on how nursing homes must serve and respect their residents. Signs of Nursing Home Negligence Nursing home negligence can differ from outright senior abuse, which is often malicious, is sometimes violent, and has signs that may be hard to miss. Neglect may be nothing more than understaffing, staffers who are apathetic or not sufficiently trained/qualified, or inadequate facilities or resources. That’s still abuse—and it’s just as morally and legally wrong as willful mistreatment of a senior living resident is. Here are some signs that your loved one isn’t being taken care of the way they should be: Bedsores Bedsores are a clear indication that staff isn’t paying enough attention to your loved one. Senior living residents shouldn’t be left in bed or the same chair all day. Even less mobile residents should be moved so that they can change clothes, use the restroom if possible, bathe, and have bedding changed. Lack of Cleanliness/Hygiene If your loved one has body odor or bad breath, looks disheveled, is wearing dirty or soiled clothes, or has any other basic hygiene issues, they likely aren’t getting the help they need with activities of daily living (ADLs). Weight Loss and Poor Nutrition If the meals a senior living resident is getting from the community aren’t sufficient, eventually, you may notice they are losing weight or otherwise just don’t look well-nourished. This could be blamed on the person’s health, but in the absence of a medical condition, a nursing home resident should be well-fed and not underweight. Poor Health Similarly, if your loved one’s health goes immediately downhill after moving into a senior living community, or it suddenly plummets with no explanation, they might not be getting the medical care they need and that your family is paying for. This negligence can include staff not seeking medical assistance if a resident is ill or injured, as well as residents not being administered prescribed medications. Staffers Who Don’t Get Back to You When you call the nursing home to inquire about your loved one’s well-being, you should reasonably expect to talk to a live person and get an answer in a reasonable amount of time. If you don’t, or the staffer you talk to can’t give you any information about your loved one, that could be a sign they are being neglected. Behavioral Changes If you notice a significant change in your loved one’s mood or personality, it could be an indication that they are being neglected at the nursing home. Some seniors are reluctant to move to nursing homes, but the best communities work to make them feel engaged and loved. If that isn’t happening, it’s negligence. What to Do If You Suspect Nursing Home Negligence Seeing your loved one suffer after moving into a nursing home can be heartbreaking—and it can make you feel helpless. Signs of negligence are more nuanced than blatant abuse, and it’s natural to think, “I’m overreacting.” Don’t ignore your hunches. If you suspect negligence, act immediately to protect your loved one. At worst, your hunch is wrong—but it’s better to be wrong and have a little egg on your face than to be right and do nothing about it and risk your loved one’s well-being or even their life. Take these steps if you think your loved one is being neglected at a senior living community: Document the Neglect Collect every email, text, and correspondence with your loved one, their care team, and the nursing home staff and management. Take pictures and videos of the conditions your loved one is experiencing, from the meals they are getting to the quality of their room or apartment. Contact the Charge Nurse or Another Manager If the charge nurse isn’t available, go up the ladder to managers and administrators until you get answers. Be a pest if necessary—don’t settle for voicemails, emails that don’t result in a reply, and promises to call later. And don’t be afraid to show up in person to demand answers. Talk to the Staffers Thinking a certified nursing assistant (CNA) or orderly is the cause of the neglect is frightening. However, staffers may be committed to your loved one’s care and are doing the best they can when no one else is. Talk to your loved one’s caretakers. Do they look frazzled or sad? Do they complain about conditions? They may hold clues to the extent of the neglect. Seek Help from the State Pennsylvania maintains a helpline, 800-490-8505, that is staffed 24 hours a day, seven days a week, that people can call if they suspect nursing home negligence or any other elder abuse. Individual counties, including Allegheny County and Washington County, offer agency-level senior resources to help your family if you suspect neglect. (In West Virginia, you can call 800-352-6513 for help, and in Ohio, call 855-OHIO-APS.) Seek Emergency Medical Care Your loved one’s health is the top priority. If you feel they need immediate medical attention, take the initiative to get them help — don’t rely on the nursing home to seek the proper care. Contact your loved one’s primary care physician for next steps, but if you can’t get that information quickly, arrange a trip to an emergency room for care. Move Them Out If you feel that your loved one will continue to be neglected in their senior living community, your family’s best option may be to move them out, whether it’s temporarily to someone’s home or permanently to another community. Transferring out of a nursing home is a protected legal right, and though it may be extreme and expensive (though the cost can be litigated — more on that in the next section), it may be necessary to guarantee your loved one’s health. When to Contact an Attorney Families place enormous trust in nursing homes to provide an outstanding quality of life for their loved ones. When that doesn’t happen, it becomes more than a case of a dissatisfied customer — it is a serious, sometimes legal, and maybe even criminal breach of that trust. Senior living communities that neglect their residents must be held to a higher standard, particularly if their negligence causes harm. For that reason, you should contact an attorney if you suspect neglect, especially if you suspect a continued pattern of neglect. Even if your loved one escapes the negligence relatively healthy, your family is still paying for services they didn’t receive. A qualified attorney can help your family recover damages for: Pain and suffering Medical care Caregiving after moving your loved one out of the nursing home Costs for another nursing home Financial loss (i.e., the nursing home not providing contracted services) Punitive damages Attorneys experienced in nursing home negligence know how to proceed with this type of litigation, how the nursing home will respond, and which legal strategies work best to negotiate a fair settlement or proceed to trial. Protecting Your Family Thankfully, nursing home negligence and abuse in Pennsylvania and the Ohio Valley is rare, but that doesn’t mean it doesn’t happen, or that you should look the other way if your loved one is not being treated with respect and love. A law firm with experience with cases against nursing homes can help you determine if you have a case, if financial losses incurred can be recovered, and, perhaps most importantly, how to best protect your loved one. If you suspect senior living negligence, the attorneys at Bordas & Bordas can guide your family through your options. Contact us for a free consultation.
No Boo-Boos! Keeping Everyone Safe This Halloween
It’s October! The scary season! A month of haunts, costumes, and candy, all leading up to the most chillingly fun holiday of the year: Halloween! Whether you’re a parent of kids who will be trick-or-treating or a homeowner handing out treats to the goblins who ring your doorbell, Halloween is a wonderful example of a holiday that’s fun for the adults as well as the kids. We hate to dampen the mood, but you need to be aware that Halloween can be legitimately scary for parents—and not the good kind of scary. Research by the Journal of the American Medical Association found that the risk of pedestrian fatalities is 43 percent greater on Halloween night than any other night of the year. The only things that should be scary this month are the costumes and the haunted houses! That’s why Halloween safety, whether your kids are trick-or-treating in Wheeling, Moundsville, St. Clairsville, or anywhere else in the Ohio Valley and southwest Pennsylvania, is so important. Here are some tips for keeping kids safe on Halloween. Safe Trick-or-Treating Most trick-or-treating occurs during twilight (sunset in Wheeling on Oct. 31 is around 6:20 p.m.) or early darkness. Although it won’t matter as much when Halloween falls on a weekend, rush hour at this time puts more cars on the road. Even when parents are accompanying their kids trick-or-treating, crossing streets and walking along roads that don’t have sidewalks increases the risk of something tragic happening. But that shouldn’t stop your family from trick-or-treating. Here are some things you can do to keep you and your kids safe on Halloween (or whichever day your town is scheduling trick-or-treating): Give flashlights to your kids to carry as they cross streets or walk along roads. Don’t rely on the lights on smartphones to be visible—they aren’t designed to make you visible. Small handheld flashlights can be easily pointed and are more easily seen by drivers. (Plus, if you stand on the sidewalk while your kids go to a door to get candy, you can shine your flashlight in their faces to remind them to say “thank you” if they forget …) Be extra visible by adding reflective strips to your kids’ costumes and giving them glow sticks to wear around their necks or wrists. Cross at crosswalks instead of the middle of the block. It’s tempting for kids to run back and forth across the street to go to a house where they see lights on, but drivers might not be as vigilant for pedestrians away from the corners, especially if kids are darting out behind parked cars. Encourage your kids to take off masks when walking along roads. You don’t want to take away from their great costumes, but masks can limit peripheral vision, which isn’t good when walking next to traffic. They can always put the mask back on when they ring the doorbell to sufficiently impress homeowners! Similarly, be extra aware if your child’s costume restricts any movement, such as a dress on a princess (and every year, there are plenty of princesses!) or a cloak on a Grim Reaper. Even without traffic, tripping over a curb can hurt—and Halloween is not the night you want to go to the emergency room. Remind them to watch their step and not run. Hold your kids’ smartphones so they aren’t tempted to be checking them while walking along roads and crossing streets. This advice extends to parents: Keep your phone in your pocket, only taking it out when you’re away from traffic. Take plenty of pictures—just when it is safe to do so. Older kids might want to trick-or-treat on their own, which is understandable, because what middle schooler wants their parents with them on Halloween? Reinforce all the Halloween safety rules already mentioned, and add a few: Give them a curfew to be back home. The later Halloween gets, say after 8 p.m., the fewer commuters on the roads, replaced by less careful teenagers and college students. Provide a firm curfew, and even offer to let their friends come over and watch a scary movie instead of being on the streets. Hold them to the same Halloween smartphone rules you’re following yourself: Phones should be pocketed when they are near traffic. Tell them it’s OK if they don’t answer your call or text right away—they should do so only when it’s safe. This may seem like a no-brainer (zombie pun intended!), but remind them not to go into the home or backyard of anyone they don’t know. Also, tell them to always stay with their group of friends and don’t split up. Halloween Safety for Drivers and Homeowners Halloween safety is everyone’s responsibility—not just trick-or-treaters and their parents. No one wants kids to get hurt on Halloween, and you don’t want to deal with the consequences if someone is injured by your vehicle or on your property. Here are some tips that can help keep everyone safe on the spookiest night of the year. Driving If you are driving anywhere near trick-or-treaters, slow down, turn your headlights on (even before it gets fully dark), and be extra vigilant on side streets, pulling into driveways, and even at crosswalks. Never assume those kids won’t run into the street, even if they are with their parents. And if you don’t need to drive anyplace during peak trick-or-treating hours, stay home. Your Home You want the front of your home to be as inviting as it can be for trick-or-treaters, but you also want it to be safe. For example, an orange porch light may be wonderfully eerie, but it also can make it more difficult to see as you climb stairs. Go back to a white light for a couple hours, keep your porch clear of obstacles (e.g., pumpkins should be off to the side), and keep any electrical cords off the walkway where someone could trip over them. Also, if you have any mechanical decorations that deliver jump scares, make sure they aren’t scaring anyone standing on your steps. Your Dog Some dogs are mellow when the doorbell rings dozens of times a night, and some will go nuts. Protective or agitated dogs may try sneaking out of the front door and could bite or knock down trick-or-treaters—and you could be liable for injuries. You know your pup best, but err on the side of caution: Consider keeping your dog(s) away from your front door, maybe in another room or in a crate, while you are handing out candy to trick-or-treaters. Or, set up shop outside, on your porch or driveway, so that your doorbell isn’t being constantly rung. ******************************** From all of us at Bordas & Bordas, have a safe and truly boo-tiful Halloween!