Header graphic for print

Category Archives: Protecting Your Rights

Subscribe to Protecting Your Rights RSS Feed

Big Business after Consumers Once Again

Posted in Legislation, Protecting Your Rights

In 2011, the insurance, pharmaceutical, and nursing home industries worked together with an extraordinary budget to try to deceive American consumers into giving up their constitutional rights through a bill known then as HR-5. This bill would have severely harmed the rights of consumers across the country who were catastrophically injured or killed by any… Continue Reading

CMS Considers Banning Pre-Dispute Arbitration Due to Abuses by Nursing Homes

Posted in Elder Issues, Protecting Your Rights

CMS is currently considering whether or not to ban pre-dispute arbitration documents from nursing home admission contracts. The patient or their family members must sign home admission contracts before they can be admitted, and these contracts are often lengthy and complex. Unfortunately, sometimes these contracts contain a pre-dispute arbitration document, and if the patient signs… Continue Reading

Lawmakers Are Rejecting Pre-Dispute Arbitration Agreements

Posted in News, Protecting Your Rights

Our practice group has often written about how corporations unfairly use predispute arbitration agreements to sidestep the civil-justice system and gain disproportionate advantage when addressing their negligent conduct in arbitration. Often times, corporations slip arbitration clauses into the admission papers and process—at a time when the family is justifiably thinking about the loved one’s health,… Continue Reading

New Jersey Nursing Homes Must Protect Resident Rights

Posted in Elder Issues, Protecting Your Rights

Our nursing-home lawyers frequently explain that in 1976, the New Jersey Legislature expressed a broad policy and goal for protecting nursing-home resident rights. And in doing so, it empowered the Commissioner of the New Jersey Department of Health with setting the path and rules that nursing home corporations must follow to ensure that they do… Continue Reading

Healthcare Whistleblowers, the Role of the Nursing Home MDS Coordinator, and the Role of the Lawyers in Whistleblower Cases

Posted in News, Nursing Home Information, Protecting Your Rights

Eric Dakhari, Esq., member of the firm’s Nursing Home Litigation Group, was featured on WIMG and WPHY’s Trenton Talks – In the Public Interest, which was hosted by Shareholder David Cohen, Esq. The program discussed at length the rights and role of healthcare whistleblowers, the role of the nursing home MDS Coordinator, and the role of… Continue Reading

Lack of Nurses in Nursing Homes Exposed

Posted in Elder Issues, Legislation, News, Nursing Home Information, Protecting Your Rights

When I began working in this field, I was astonished to realize that very few nursing homes and no assisted living facilities have a full-time doctor working there.  I found that facilities at times may be staffed almost entirely with nurse aides and Licensed Practical Nurses (LPN) as opposed to Registered Nurses (RN).  RNs received… Continue Reading

The Real Costs of Medical Care

Posted in Protecting Your Rights

News source Health Law 360 today reported that nursing home owner Ralex Services agreed to pay $2.2 Million after a whistleblower came forward and revealed to the government that the company was overstating to Medicaid the level of care residents needed in order to boost profits.

Staffing Issues May Affect the Quality of Care Rendered in Nursing Homes

Posted in Protecting Your Rights

When families are considering whether to use nursing-home services to care for their loved ones, they must consider various issues in determining whether a nursing home is capable of providing adequate care. Among other issues, a family must determine how well a nursing home staffs its operations.

For example, roughly 450 nursing-home care workers recently announced their intentions to go on strike to address the unfair labor practices occurring across four different facilities owned by the same company. But even before the workers commence their strike, the elderly residents within those facilities, and their families, have already endured the catastrophic effects stemming from underpaid staff, and the accompanying understaffed environment.

Doctors Getting Inaccurate Rosy Picture Regarding Some Psychiatric Medications

Posted in News, Nursing Home Information, Protecting Your Rights

While many people have no formal medical training, having a parent that suffers from Alzheimer’s or dementia can give people a crash course in anti-psychotic, anti-depressant, and anti-anxiety medications. Often times, these family members tell me they did not like the fact that their parent or loved one was taking these medications because it turned their parent “into a zombie,” had potential serious side effects, or just didn’t work.

Assisted Living & Nursing Home Patients’ Rights

Posted in Protecting Your Rights

I recently met with Robert Ramsey of Garden State CLE to discuss the possible dangers facing Alzheimer’s patients who reside in assisted living facilities when there is a “locked ward”. Rob and I discuss why this source of abuse commonly happens, how I prepare for a case which includes this sort of abuse, and the genesis of the “Resident’s Rights” statutes that now guides my practice.

Suspicious Elder Deaths Rarely Investigated

Posted in Elder Issues, Levels of Care, News, Nursing Home Information, Protecting Your Rights

I have had cases where a person suffers from a bed sore that is so large the spinal column is visible, and yet the cause of death listed on the death certificate states, “natural causes”, or “dementia”, or “Alzheimer’s”. While we may still pursue a claim to hold those responsible for the large and painful wound accountable, it is frustrating to the family that the bed sore is not listed on the death certificate.

AseraCare, a Hospice Company, Owned by Golden Living is the Subject of a Whistleblower Suit

Posted in News, Nursing Home Information, Protecting Your Rights

The Federal Government has joined in a Whistleblower suit, which alleges that AseraCare, a national hospice company owned by Golden Living, wrongly took advantage of Medicare’s hospice benefit by pressuring its employees to place people into hospice who weren’t dying. The suit states that AseraCare first recruited patients who are eligible for skilled nursing care for 20 days, for which Medicare pays the entire bill. After 20 days, when Medicare requires patients pick up a part of the tab, AseraCare had the nursing homes send the patients to hospice, according to the lawsuit. In hospice, AseraCare would collect a flat payment from Medicare for each day they are enrolled.

Royal Health Gate Employee Arrested for Sexually Assaulting Resident

Posted in Nursing Home Information, Protecting Your Rights

Good employee hiring practices and proper resident supervision is an important part of running a successful nursing home. When these components are missing, serious terrible things can happen. One piece of advice I give to those with family members in nursing homes is to get to know the staff and make sure there are enough people in the building – especially on nights and weekends.

Assault on Innocent Nursing Home Resident by Staff Member at Harborage Nursing Home in North Bergen, New Jersey

Posted in Levels of Care, News, Nursing Home Information, Protecting Your Rights

A disturbing recent story was released and ultimately televised involving an over-stressed nursing home employee who was caught on tape assaulting an innocent resident. No matter how difficult the job, harming an innocent senior is vicious and wholly worthy of the prosecution that this employee faces. It is imperative that nursing home owners carefully screen and supervise employees to prevent the needless harms that inevitably will ensue.

Mandatory Nursing Home Responsibilities

Posted in Nursing Home Information, Protecting Your Rights

Many of our clients describe poor nursing home conditions that a loved one was forced to endure until they could be moved or before they died. All too often, a nursing home will promise to fix problems complained about and don’t. Most people are not aware that there are laws that dictate mandatory nursing home responsibilities. Nursing homes that do not meet their obligations can be punished.

Falsification of Records

Posted in Documentation & Reporting, News, Protecting Your Rights

A nurse in Florida has been fired several times for the falsification of records and poor work performance, and yet was hired again to work with children at a hospital in St. Petersburg. Over the past 10 years, Bernard Moran was employed by Mease Countryside Hospital and Helen Ellis Memorial. Moran was fired from Mease after he faked his time sheets and collected $118,000 at the expense of the residents and the facility.

Six Employees Arrested for Elderly Abuse at California Nursing Home

Posted in Elder Issues, Injuries, Levels of Care, Nursing Home Information, Protecting Your Rights

While resident abuse is shocking and disgraceful, there are times where behavior is simply unbelievable. Six employees were recently arrested at a facility where residents with dementia were covered from head to toe in ointment cream to make them slippery for the next shift as a practical joke.