Welcome to the Atlanta Elder Abuse & Medical Malpractice Blog, provided by Atlanta, Georgia law firm Brownstein & Nguyen. This blog page is dedicated to legal issues and matters concerning medical malpractice and elder abuse in Georgia. We hope it is informative and helpful.
The information and opinions provided on this page are not legal advice. Please consult with an attorney to discuss your legal issue.
Having to place a loved one in a nursing home is one of the toughest decisions a family will ever make. While most nursing homes provide excellent care to residents, unfortunately mistakes and poor care resulting in nursing home negligence are far too prevalent. It’s important for families to do their due diligence when choosing a nursing home, even when circumstances arise requiring that placement must be done quickly.
What type and scope of care will a loved one need? Do they need assistance with daily living activities such as personal hygiene, mobility, eating, dressing, etc.? Are there special medical issues or conditions involved that require specialized medical care? Are there memory issues or some level of dementia that require a different expertise and setting? Individual needs and the type of skilled care offered by a facility are key factors in the selection process.
If nursing home placement is imminent after a hospital stay, consult with the hospital’s social worker to get recommendations for appropriate facilities. Also talk to family physicians, trusted friends or family members to create a list of recommended facilities. Then go online and research the facilities, checking for complaints, patient reviews and the like. Also look for information provided by government agencies and third parties such as Medicare’s nursing home compare tool and third party websites like this one which compiles complaints, safety inspections and violations maintained by state agencies.
Call facilities on the list and ask questions of each one. Find out exactly what skilled services are offered, staffing and patient-to-staff ratios, costs, whether there’s a waiting list, and other pertinent information for the decision process. Then, schedule an appointment to visit and meet with the director and nursing director in person. There is no substitute for first-hand observation to get a better sense of a facility and the people who will be cared for your loved one.
While visiting a facility, ask questions about their Medicare and Medicaid certification. Take notice of whether the residents look well cared for, and how they are treated by staff. How responsive is the staff – are resident calls for assistance promptly answered? How do staff members talk to residents: with respect, disinterest, or worse, disdain? Be aware of bad odors or heavy chemical smells such as ammonia, poor maintenance, and general signs of lack of cleanliness. Observe a typical meal, including nutrition content, appearance and appeal of the food, and whether hot meals are timely served. Introduce yourself to staff members to get a feel for their demeanor, attitude towards family members, and manner when dealing with residents. These and other indicators can help identify signs of nursing home neglect or negligence. In short, do whatever you can to determine if a facility gives you confidence that your loved one will get the best possible care under the circumstances.
Before making a final decision on a facility for your loved one, if possible make one more visit – this time unscheduled. Arrive on a different day and observe another shift and staff from your scheduled visit.
Of course, your vigilance does not end after a loved one is placed in a facility. If you suspect your loved one is a victim of nursing home negligence, abuse or neglect, contact the law offices of Brownstein & Nguyen. We are experienced in helping families and their loved ones fight elder abuse.
While National Alzheimer’s Awareness Month has come and gone, it is important to consider that Alzheimer’s affects almost 1 person per every 2 families. Even though the disease is so widespread, most people don’t know the facts about Alzheimer’s and how it can affect you and your elderly family members.
One of the myths that most people hold is that memory loss is part of a normal aging process. This is factually and medically wrong. Alzheimer’s follows a 14 year progression from the onset of initial signs until death. However, most people are diagnosed with the disease at a very late stage. This is because many elderly are afraid of being stigmatized and choose to keep quiet until memory loss severely affects their daily lives.
Another common myth is that Alzheimer’s cannot be treated. While it is true that there is no known cure for Alzheimer’s, that does not mean there is no treatment available. There are modern and conventional medical treatments that can be effective in combating the disease. Generally, early treatment is necessary to prevent further brain damage and deterioration. Most people believe that any treatment short of cure is not an effective method. However, many suffering from this condition can lead a quality life with early diagnosis and proper treatment.
An important thing to remember is that a healthy heart and body is equal to a healthy brain. Many physicians have agreed that the brain is closely related to the heart. This explains why individuals with high blood pressure, cholesterol and obesity risk experiencing cognitive decline.
It is important to be aware of the legal rights of the elderly when it comes to elder care. If you or a loved one are dealing with issues due to memory or other long-term care associated with Alzheimer’s Disease and long-term care, contact Brownstein & Nguyen for legal support.
According to the Alzheimer’s Association, nearly 60% of all nursing home residents suffer from Alzheimer’s or another form of dementia. With these rates, Special Care Units (SCUs) exist within many nursing homes and long-term care facilities to better meet the needs of this specific population.
As families turn to nursing homes or skilled nursing facilities for the care of their loved ones, they are often faced with a myriad of decisions. The National Institute on Aging offers several tips for finding the right type of care facility for your loved one. The most important tips can be broken down to the acronym ACT.
It is okay to ask questions of potential care facilities and staff – a lot of questions. The quality and nature of the answers (or lack of good answers) will help inform your decision. Also, tap into existing networks of friends, relatives, social workers, medical professionals, and even clergy for suggestions. Chances are that someone you know has been through a similar situation with an aging loved one, and may be able to provide useful advice.
Use the suggestions from family and loved ones to compile a list of facilities that are recommended. From this list, begin calling each facility. Think of all pertinent questions including location, care options, cost, quality, and available programs. Again, the more questions asked up front the better informed your decision will be. No one can foresee the future; all you can do is make the most informed decision possible.
This one involves face-to-face interaction that must take place with an actual visit to the facility. Ask residents and staff about the care. Chat with them about how well they enjoy working or living in the facility. Carefully observe the interactions between residents and staff while visiting. Does it seem that residents’ well-being is a priority, and that they are made to feel welcome and cared for? Finally, while meeting and greeting staff members, ask how long they have been with the facility. When key staff members such as the director of the facility, head of nursing, or food preparation seem to change often, that may indicate an issue.
Asking, calling, and talking are helpful in determining which options may be best in caring for an elderly loved one. It might also be helpful to consult with a lawyer familiar with cases of nursing home neglect or abuse prior to visiting a facility, and especially before agreeing to admit a family member. Atlanta attorneys Brownstein & Nguyen have years of experience dealing with the difficult situations that arise in cases of nursing home neglect and elder abuse. Contact Brownstein & Nguyen for a free consultation today.
With many families relying on two incomes, it can be almost impossible to manage the health care needs of an elderly parent living in your household. Having to put a loved one in a nursing home or assisted living care facility can be a heart-wrenching, albeit necessary, decision for many families.
Once your loved one is under nursing home care, though, how can you be assured they are receiving the appropriate care and not being neglected or abused?
Failure to provide proper long term care or rehabilitation care or to catch health issues before they develop into serious conditions has become a growing problem in the elder care system. Another concern is medical errors — for example, wrongly dispensed medications that go unreported. By the time many of these issues become known, it may already be too late to save your loved one. Irreparable harm may have been done, causing an irreversible decline in physical condition.
Often, these issues can be traced back to a lack of medical training among staff members. Because it’s impossible for family members to monitor care around the clock, problems may go undetected for too long. The elderly, whether from fear of retribution or deteriorating health conditions such as Alzheimer’s disease, are often unable to act on their own behalf and speak out against poor care and/or abuse.
You can improve your loved one’s outcome by making sure they are being placed in an assisted living facility or nursing home that adheres to proper standards of patient care and employee training requirements. Be sure to watch for signs of neglect or abuse when you visit. If something doesn’t seem right, be an advocate for your loved one and immediately speak to administration about your concerns. Do not hesitate to demand swift action to correct any issue affecting care.
If you have any questions pertaining to medical malpractice or nursing home abuse in Atlanta, reach out to Brownstein & Nguyen. With over 25 years of experience representing patients and fighting for quality care, our medical malpractice lawyers are ready and able to help. Call us at (770) 458-9060 or fill out the contact form on the right hand side of this page for assistance.
The False Claims Act is a federal law that was originally passed during the administration of President Abraham Lincoln. Over the past 150 years, the law has been revised several times.In the past few years, money recovered under the FCA has become big business for the government. In the fiscal year ending September 30, 2014, the federal government recovered a total of $5.7 billion. In addition, each year the number of new cases has increased. Much of the increase is as a result whistleblower lawsuits, also referred to as qui tam matters. Qui tam refers to an action brought by an individual who prosecutes a fraud case on behalf of the government and receives part of the final recovery. In 2014, whistleblowers received a total of $435 million, over $100 million more than in 2013.
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The industry hit hardest by whistleblower lawsuits under the FCA in 2014 was banking with $3.1 billion in penalties and recoveries. But the healthcare industry continues to be a target for the government, to the tune of $2.3 billion recovered. This is the fifth year in a row that healthcare has paid back more than $2 billion under the FCA. Hospitals, pharmaceutical companies, medical device companies, physician groups, insurance companies, clinics – all sectors of health care have been the subject of FCA enforcement. For example, one pharmaceutical corporation alone had to pay $2.2 billion to settle allegations of kickbacks and promotion of off-label uses of medications in early 2014. A dialysis center had to pay $350 million in penalties for giving kickbacks for patient referrals. A medical device company paid out $30 million for marketing defective devices. A large home health service provider settled with the government for $150 million for charging Medicare for services not rendered, overcharging, and billing for medically unnecessary procedures.
With all this money being recovered, more and more whistleblowers are filing lawsuits. And whistleblowers are not just disgruntled current or former employees. In recent years, many qui tam matters have been initiated by competitors or consultants with inside information. Health care companies need to monitor their billing more carefully, and develop protocols to prevent the types of abuses for which the FCA collects billions.
Contact the law offices of Brownstein & Nguyen if you suspect that you might have information about healthcare or other government fraud. Our experienced team of legal professionals will answer questions and guide you in the steps to take as a potential whistleblower.
The elderly, sick and disabled often require specialized transportation, particularly non emergency medical transportation (NEMT), for attending doctors’ appointments and for receiving non-emergency medical treatment. NEMT is provided in vehicles that are equipped for accommodating people in wheelchairs, on stretchers, and who need to travel with other medical equipment. Just as with other motor vehicles, accidents can occur in NEMT, and cause injuries to passengers who are already injured, sick or frail.
Across the country millions of NEMT trips are made each year. In Georgia alone in 2012, the state Department of Community Health oversaw 3.6 million NEMT trips and, as the state has an ageing population and outside of the Atlanta metropolitan area, little public transit, the need for NEMT will continue to grow. Georgia state law currently has few safety regulations in place for NEMT. Unfortunately, some companies hire drivers who are neither adequately trained nor supervised. Because of this, vulnerable patients may be injured as a result of negligence by those people whom we trust to help them receive their much needed medical attention. Atlanta NEMT services have a duty to transport their passengers safely to their destination. Furthermore, drivers and staff of the service provider must ensure that all passengers, including the patient and their family members, are safely buckled and in a regular seat before moving the vehicle.
When transporting the elderly and the sick, accidents may occur as a result of:
Staff errors and carelessness in assisting passengers can increase the risk of passenger injury. Even a seemingly small slip or fall can aggravate the injury or poor health condition of the passenger. Other factors such as driver inexperience and inadequate training in the use and operation of specialized machines for transporting the patient, and certain behaviors such as driving recklessly and failing to restrain passengers sufficiently before moving the vehicle can also lead to an accident.
NEMT collision cases are complex and require a thorough understanding of the current laws. They cannot be litigated as just auto accidents, nor are they seen as a form of medical malpractice. They are, in fact, a combination of unusual elements, including the following, which set these types of cases apart:
With the rapid expansion of the NEMT industry and a challenging regulatory environment, we expect to see preventable catastrophic injuries, including wrongful deaths, involving non-emergency transport vehicles in Georgia.
Joseph Andrey whispered his wish, “I want to go home, to my books and my music,” to his daughter and power of attorney Maureen Stefanides. Caught in a never-ending cycle, his wish to live and die peacefully at home was seemingly disregarded by a for-profit system that is understaffed, too rigid, and unsympathetic to last wishes. As much as Ms. Stefanides fought to honor her father’s wishes to go home, she was was never able to free him from the constant carousel of trips to the hospital followed by discharges to nursing homes and rehabilitation facilities.
These trips to the hospital and stays in nursing homes exposed Mr. Andrey to healthcare-associated infections and poor care, causing his health to further decline. With the infections and worsening medical condition, he was less qualified to recieve the home care that his daughter so desperately sought for him. So, Mr. Audrey continued on the circular journey from hospital to nursing home and back to the hospital again.
The case of Joseph Andrey is not entirely unique. The elder care and abuse attorneys at Brownstein & Nguyen have represented and advised clients dealing with end-of-life care issues such as those faced by Mr. Andrey and his daughter. The firm has helped those fighting the system to allow elderly loved ones to die in the peace of their own homes – the last bit of dignity and humanity they can be granted.
How can a system recognize and fulfill the individual needs of aging patients if facilities are over-run, understaffed, and ultimately motivated by profits? When it comes to end of life care, sometimes hurdles are in place that don’t seem to make sense. In Mr. Audrey’s case, he was allowed to return home twice but each time the home health agency responsible for his care terminated services, deciding his case was too costly and frequent hospital stays deprived caregivers of steady income. A merry-go-round of profit-driven nursing homes that only paid the highest reimbursements for the first 100 days after admission were the only alternative.
As life expectancy rates increase and quality of life challenges are faced with certainty by so many, how will your family deal with end of life issues like those Joseph Audrey and his daughter faced? At Brownstein & Nguyen, we do not claim to have all of the answers to the heartbreaking sagas that unfold for so many families. But we do take the time to listen and understand each individual situation, and if possible help fight for the healthcare rights and dignity of elder patients – including those nearing their end. If you are caught in a healthcare system trap, feeling powerless even with power of attorney rights, perhaps fighting to keep your loved ones at home to properly oversee their end of life care, contact Atlanta attorneys Brownstein & Nguyen.
The 65+ population is steadily growing. By 2030, the government predicts there will be almost 55 million citizens over the age of 65 in the U.S., or 16% of the total population. While medical and scientific advances continue to result in increased life expectancies, there is still a growing need for assistance in aging. Sometimes this assistance does not require the services found in a skilled nursing facility or home. Instead, some individuals and families turn to a personal care home or some sort of community living arrangement facility. Many such homes or facilities offer support for the day to day basics that individuals may no longer be able to carry out themselves. Tasks such as meal preparation, laundry services, walking assistance, medication reminders, and light housekeeping may be provided in these homes.
Unfortunately, there are situations in which these tasks and other matters of simple dignity of living are not delivered to residents of personal care facilities. Some personal care homes appear to exist solely for the purpose of billing and receiving money from the federal and state governments, providing little, if any, quality care to residents.
Depending on the qualifications, services and delivered, some care facilities or care homes are not required to be licensed. In the state of Georgia, there were 293 complaints regarding unlicensed care homes in the 2014 fiscal year. This was up from fiscal year 2013, in which 253 complaints were documented. And that’s just registered complaints. How many residents or their families fail to report elder abuse in personal care homes?
Complaints regarding the Uplift individual living facility in Valdosta, GA led to a 2 month long criminal investigation and culminated in a raid of the facility on June 19, 2014. Residents were freed from conditions entirely unacceptable for humans to live in and were relocated to another facility. Subpar care provided at the facility became apparent throughout the investigation, as the raid resulted in the arrest of six individuals for the abuse and neglect of disabled adults.
Sadly, the Valdosta incident is far from being the only situation in which individuals are mistreated in care facilities. In July, the Atlanta-Journal Constitution reported that a Cobb County woman had kept six elderly women in her basement in makeshift plywood rooms. Georgia Health News reports that 55 individuals have been rescued and transferred from 10 unlicensed personal care homes since June of 2014.
A simple awareness of the potential dangers of personal care homes and similar living arrangements for the elderly can save time, money and potential emotional and physical abuse of loved ones. Always make sure that proper research is done when choosing a facility for the care of an elderly family member. Should an unfortunate and heartbreaking situation of elder abuse occur, contact Brownstein and Nguyen – your trusted Atlanta medical malpractice and elder abuse lawyers – for skilled and compassionate legal help.
You have an aging parent, spouse or loved one who you fear is no longer capable of making decisions about their own healthcare. You planned ahead and obtained a healthcare power of attorney so you can legally act on their behalf and make decisions for them when the time comes. But the last thing you anticipated is bad or negligent hospital care and fighting for your loved one’s rights to receive the best possible care. Unfortunately, this is an all-too-common scenario.
As we age, we eventually lose mobility, physical capabilities and mental capacity. Whether these things occur separately and gradually as part of the natural aging process, or suddenly and in tandem due to illness or trauma – at some point we all become incapacitated. When that happens, we are at our most vulnerable and particularly in need of significant care and assistance. Unfortunately, not all healthcare facilities and providers are equally suited to care for incapacitated elderly patients. This is especially true of hospitals and acute care facilities that are traditionally geared toward the short-term treatment of illnesses and injuries. Once patients reach a certain level of medical improvement, it is expected they will leave to the hospital to convalesce at home or be transferred to a skilled nursing, rehabilitation or other facility.
Elderly patients who are hospitalized – whether from a fall, heart issue or other health problem requiring urgent care – are at risk of a debilitating, and sometimes fatal, decline in physical and mental health. Such a decline can create a difficult set of circumstances not only for the patient and family, but for also the treating facility. Many hospitals are not structured or staffed to provide long-term care for incapacitated patients needing daily assistance to survive. This can include, for example, immobile patients who require frequent turning and repositioning to prevent skin breakdown and bedsores or decubitus.
When elder patients become physically or mentally compromised to the point of needing full-time assistance, hospitals are required to provide adequate care until the patient can be transferred to a more appropriate facility. Unfortunately, long-term care facilities such as nursing homes and rehabilitation centers are not required to accept patients, and many will reject patients depending on their condition. This problem can put aging patients and their families at odds with hospitals, which may be unable to provide adequate care necessary to ensure the patients’ well-being and comfort.
So, what can you do if your parent, spouse or loved one is in this situation? Here are a few suggestions, based on personal and professional experience.
If you are experiencing poor or inadequate hospital care for an elderly patient, or find yourself in a dispute over proper care for an aging parent, spouse or loved one, contact the elder care and medical malpractice attorneys at Brownstein & Nguyen. Our Atlanta lawyers have years of experience fighting for the healthcare and legal rights of the elderly and their families.
Georgia has numerous laws designed to protect the elderly, many of which are little known. One such law is the “Bill of Rights for Residents of Long Term Care Facilities” (Patient Bill of Rights) found at Official Code of Georgia Annotated, Section 31-8-100 et seq.
The Patient Bill of Rights was designed to guarantee certain rights of elderly patients in long-term care facilities and nursing homes. This population is especially at risk, as many of them are isolated and unable to protect themselves. Specifically, the law seeks to “preserve the dignity and personal integrity of residents of long-term care facilities through the recognition and declaration of rights safeguarding against encroachments upon each resident’s need for self-determination.” Nursing home owners, administrators and operators who violate patient rights face civil penalties as well as legal action for damages suffered by patients, their heirs and legal representatives.
The law enumerates the following specific rights:
Patients, their families and legal representatives may bring an action in court to enforce these rights. They may also pursue a claim for damages against the facility or administrator. Certain violations can give rise to claims of medical malpractice, such as cases involving inadequate medical care, denial of proper care or treatment, denial of nutrition, abuse and neglect. Unfortunately, such violations occur all too often in nursing homes and long-term care facilities, which are typically operated as for-profit businesses. Pressure to reduce overhead and expenses can directly lead to understaffing, inadequate training and education, and lack of proper procedures, in turn resulting in poor patient care.
If you believe a loved one’s rights have been violated, or a loved one has been injured in a long-term care facility or nursing home, contact the nursing home abuse and medical malpractice attorneys at Brownstein & Nguyen. We know the law, and fight for the rights of elder patients.
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