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Tuesday, February 19th, 2008
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Recently reports in the media about nursing-home abuse and care problems have been highly critical of the facilities in Florida and elsewhere and of the care they provide for the elderly and ill.
Some time ago, my wife was stricken with Alzheimer’s disease and I was forced to place…
Source : accessmylibrary.com
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Tuesday, February 19th, 2008
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Sen. John Breaux (D.-La.) chairs the Senate Special Committee on Aging and serves on the Senate Finance Committee. In 1998, he was selected by the White House and congressional leaders to chair the National Bipartisan Commission on the Future of Medicare. Breaux has led the Special Committee on Aging through several hearings addressing the need for reform in long term care. In June 2002, in conjunction with a hearing entitled “Long Term Care: Blueprints for Reform,” the committee’s findings were released in a report, which is available at . Following the committee’s March 2002 hearing on nursing home abuse, CLTC conducted an interview with Breaux. Here are excerpts from that interview:
How can nursing…
Source : accessmylibrary.com
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Tuesday, February 19th, 2008
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MCMEHAN JOINS WILKERSON AND HOWE: Grady McMehan has joined the law firm of Wilkerson and Howe, located on the fourth floor of the Guardian Building at 223 E. Main St.
McMehan, who had his own full-time law practice, has practiced in the York County area throughout his legal career.
The University of South Carolina School of Law graduate also serves as the chief municipal judge for the city of Tega Cay….
Source : accessmylibrary.com
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Tuesday, February 19th, 2008
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Miami attorney Patrick Ford has an eye for detail when reeling in a prize catch or reeling in a large settlement for his nursing home clients.
“If you want to catch a big fish with a light line, you have to have the right tackle and you have to go down to the fancy detail,” said Ford, who holds 12 world records for fly fishing. “You have to have the right knots. It’s the same thing with litigation. You have to pay attention to detail.”
Fishing, he said, helps him focus on the details.
Lately, Ford’s focus has spurred him into the state arena on nursing homes. A partner at Ford & Sinclair in Miami’s Dadeland area, he has emerged as a leader in nursing home litigation.
Like fly fishing it’s the fight that urges him on. This summer, Ford has been lecturing about potential changes to Florida’s rules regarding nursing home litigation.
“The for-profit nursing home industry has suggested changes in the Nursing Home Residents’ Bights law that would place nursing home abuse and neglect under medical malpractice,” he said.
That’s akin to getting away with murder, he…
Source : accessmylibrary.com
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Tuesday, February 19th, 2008
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AgeSpan, a senior Internet enabling solution for seniors in the United States, recently unveiled their SAM (Senior Assisted Monitoring) Cam solution for combating nursing home abuse. Working on this solution for the past 6 years, AgeSpan had to overcome both the many cons associated with the use and installation of cameras in assisted living centers, elderly homes, and nursing homes. Complicated daily maintenance, high costs, and infringement of privacy were three of the main obstacles that groups against video surveillance in nursing homes repeated over and over again as things that needed to be addressed and fixed….
Source : accessmylibrary.com
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Tuesday, February 19th, 2008
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Nursing homes should provide a safe secure place for elderly residents. However, people in nursing homes sometimes encounter problems.
Similarly, family members or individuals with loved ones in nursing homes have concerns about resident treatment in such facilities.
There are several resources for consumers who are unsatisfied with the care provided by the nursing home. It is important that consumers know their legal rights and options when it comes to long term care.
The Long Term Community Care Coalition plans to conduct workshops to provide information for consumers and legal advocates surrounding nursing home issues. www.ltccc.org
The purpose of the workshop is to provide a background of legal resources and potential claims for consumers who have faced problems with nursing home facilities, and serve as a reference for legal organizations that may not be familiar with nursing home residents’ legal rights.
More : northcountrygazette.org
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Tuesday, February 19th, 2008
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WASHINGTON - Sen. Chuck Grassley, chairman of the Committee on Finance, today won unanimous committee approval of bipartisan legislation to help prevent elder abuse and give consumers more information to guide nursing home placement.
“As America ages, more people are vulnerable to elder abuse and neglect,” Grassley said. “It’s important to marshal resources and coordinate the services of experts equipped to protect the elderly. It’s also critical to make sure families are educated about their options before placing loved ones in a nursing home or other facility. This legislation will help in both areas.”
Following are Grassley’s statement from this morning’s committee session and a summary of the bill approved by the committee today. A more detailed description is available at finance.senate.gov under “legislation.”
Statement of Chairman Charles E. Grassley
Senate Finance Committee Executive Session
S. 2010 — The Elder Justice Act
Thursday, August 3, 2006
I call the committee to order for the purpose of considering an amendment to S. 2010, the Elder Justice Act sponsored by Senators Hatch and Lincoln. Success, they say, has many fathers. I am very hopeful that we will enact the Elder Justice Act this Congress, so I want to establish my lineage with this bill early on. I am glad that several provisions in this bill are a result of the work I did as Chairman of the Senate Aging committee. While I was Chairman of that Committee,…
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Tuesday, February 19th, 2008
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BRADENTON — Two women are suing a local nursing home, alleging that three of their elderly relatives died there in 1999 and 2000 because of negligence.
The three suits, filed last week in the 12th Judicial Circuit Court against Casa Mora Rehabilitation and Extended Care seek more than $15,000 each in damages to cover medical and funeral expenses.
The plaintiffs are Bradenton relatives representing the estates of Henrietta Tedder and…
Source : accessmylibrary.com
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Tuesday, February 19th, 2008
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Floridians concerned about the quality of care provided in their local nursing homes soon will get to read all about it — a fact that is generating tension in the long-term care community.
For the first time, the federal Centers for Medicare and Medicaid Services will publish advertisements in major newspapers detailing care standards in up to 50 local nursing facilities.
The ads are scheduled to run in the Sun-Sentinel later this month. They’ll show the percentage of residents in each home with problems in these three areas: pressure sores, chronic pain and inability to perform basic tasks, like dressing and bathing.
The media campaign is part…
Source : accessmylibrary.com
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Tuesday, February 19th, 2008
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INTRODUCTION
Advocates for the elderly have proposed that video surveillance could provide the necessary solution to a growing epidemic of abuse violations in nursing homes throughout the country. (1) Although there would appear to be few legal obstacles to the use of “granny cams,” groups such as the Coalition to Protect America’s Elders are lobbying for a federal law that would give residents the affirmative right to install cameras. (2) Traditionally, the nursing home industry has strongly opposed the use of video cameras in facilities, most often citing privacy concerns. (3) They argue that the cameras degrade residents by recording intimate moments of exposure during bathing, medical examinations, or diaper changes. (4) Nursing home operators also fear that the cameras will exacerbate the ongoing problem of finding qualified help for this minimal pay job because employees would resent the constant supervision. (5)
In 2001, Texas became the first and only state (6) to enact a law directly addressing the use of granny cams. (7) Under this statute, a nursing home or related institution “shall permit a resident or the resident’s guardian … to monitor the room of the resident through the use of electronic monitoring devices.” (8) Residents are allowed to choose where in the room the cameras are mounted as well as when they are turned on and off. (9) The statute requires express written consent of the resident or her guardian as well as the consent of any roommates. (10) Included in these consent forms must be a provision releasing the institution from any civil liability with regard to invasion of privacy resulting from the electronic surveillance. (11) Additionally, notice of surveillance must be provided at both the entrance to the institution and the entrance to the resident’s room. (12)
This Comment examines the arguments for and against the proposal to grant nursing home residents and their guardians a legal right to install video cameras for protection. Part I discusses the current state of federal nursing home regulation. It focuses on the problems impeding effective enforcement of these regulations that have led to the current crisis in nursing home quality of care. Part II examines how the proposed video surveillance might affect various privacy interests within a nursing home setting. Part III addresses the economic concerns of granny cam opponents. Part IV concludes that with careful drafting, federal legislation requiring nursing homes to allow cameras could provide a necessary protective tool against abuse for residents and their families, while at the same time minimizing intrusions upon privacy.
More : accessmylibrary.com
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