Tag Archives: neglect

DETECTING NURSING HOME ABUSE (Guest Post)

Written by Carlos Santiago. 

The decision to place an elderly relative in a nursing home can be a difficult one for many families to make. In many cases, elderly individuals may be resistant to this type of change in their lives, preferring to stay in their own homes and care for themselves. However, at some point, this type of change may be necessary. In most cases, the relatives of the person entering a nursing home can feel secure in the care that their loved one will receive. Unfortunately, some nursing homes fail to provide adequate care and supervision, employing staff or implementing practices that expose residents to the potential for abuse. 

Sadly, nursing home abuse is a serious problem in the United States. As many as 1 in 3 nursing homes have at some point been cited for abuse or neglect of residents, and these numbers likely understate the actual incidence of this type of reprehensible behavior. While the Centers for Medicare and Medicaid Services (CMS) conducts inspections of most nursing home facilities, the frequency of these inspections is not enough to catch all forms of abuse. Therefore, it is critical that those with a loved one in a nursing home facility be able to recognize the signs of nursing home abuse on their own. 

Common Signs of Nursing Home Abuse 

Nursing home abuse can occur in a variety of different ways, and therefore, the warning signs of nursing home abuse can vary significantly. The following are some of the most common forms of abuse and signs that abuse may be occurring: 

Ÿ         Physical Abuse – nursing home residents may be subjected to physical abuse from staff or other residents. Some signs that may indicate that a nursing home resident has been the victim of physical abuse may include unusual or unexplained cuts and bruises, broken bones, and emotional withdrawal.

Ÿ         Neglect – nursing home residents may also suffer as a result of neglect on the part of nursing home staff or management. Some of the most common signs of neglect include sudden weight loss, lack of personal hygiene, bedsores, lack of necessary medical care, and the development of infections.

Ÿ         Verbal abuse – while it may not pose the same obvious health and safety risks as other forms of abuse, verbal abuse of nursing home residents can still have a powerful effect on an elderly individual’s life. Some signs that may indicate that verbal abuse may be occurring include listlessness, emotional withdrawal, unexplained weight loss, and refusal to follow medical regiments.

Ÿ         Financial abuse – because of the vulnerable position nursing home residents are in, some nursing home staff members may take advantage of residents by stealing from them or otherwise abusing their finances. Some signs of financial abuse include sudden or unusual financial transactions, disappearance of personal items, and emotional withdrawal. 

The Centers for Disease Control and Prevention provides a National Nursing Home Survey to help individuals looking to place a relative in a nursing home find the best possible place for their loved one. However, nothing can be done to guarantee that nursing home abuse will not occur. If a nursing home resident you know has been the victim of abuse

“Carlos is an avid legal blogger who has written on a variety of legal topics. He contributes to http://www.endertonlaw.com/ regularly.”

Thanks, Carlos,  for giving us the signs to watch for if your parent, relative, or friend lives in a nursing home. There are many homes who offer loving care, but it is important for family members to monitor their care.  Visit at different times of the day -don’t drop by at the same time of day each visit.  Look out for those who have no family to do so.  They are often the ones who are picked on, and must be protected. pb

A GUIDE TO SAFETY EQUIPMENT FOR RENOVATION AND CONSTRUCTION (Guest Post)

According to the Occupational Safety and Health Administration (OSHA) under the United States Department of Labor, there were 4,690 workplace fatalities in 2010 alone out of which 774 were in construction. These deaths were mostly related to safety hazards that could have been potentially avoided. The number one cause of death was falling, followed by electrocution, then being struck by an object, and lastly getting caught in or between things. These four major causes were addressed by OSHA and guidelines were provided to ensure safety among construction and renovation workers.

The proper use of safety equipment can also prevent injuries and fatalities at construction sites. Although required by law in many states, a large number of workers tend to ignore the importance of safety equipment. The following steps are guide to using safety equipment for renovation and construction work.

Avoiding Falls With Proper Fall Protection Equipment

Personal fall protection equipment is a necessity at any construction site. Whether the renovation or construction requires climbing high buildings or remodelling a small home, safety equipment is absolutely essential. Falling is the number one cause of death at construction sites, making protection against it highly important. Some of the main reasons for falling include floor openings, unprotected walls and side holes, wrong scaffold construction, protruding steel and iron bars, and portable ladder misuse.

OSHA requires that any openings six feet or more should be protected with a guardrail or safety net system. Moreover, all construction sites should be inspected prior to work for any hidden openings or holes that can pose a danger to workers. These “fall prevention systems” are known to be a better option than “fall protection systems.” Fall protection systems consist of safety equipment like safety belts, full body harnesses, lanyards, lifelines, rope grabs, shock absorbers, carabiners, and anchors. All fall protection systems must be checked for size, manufacturer’s identification, usage, date of manufacture, and model number.

Safety Equipment to Avoid Electrocutions

Electrocution is the second main cause of deaths among construction workers. Some of the serious forms of danger that workers are exposed to when working around electrical materials include thermal burns, arc flashes, electric shocks, and blasts. There are two protection systems that need to be in place when working with electricity: Insulating Protective Equipment (IPE) and Personal Protective Equipment (PPE).

1. Insulating Protective Equipment (IPE)
According to OSHA the following insulation protection should be included when dealing with electricity: 

  • Insulation should be provided for “(rubber) line hose, blankets, and hoods”
  • Insulation for “barriers made of fiberglass or phenolic resin”
  • “Live-line tools, such as hotsticks, switchsticks, and shotgun sticks”
  • “Plastic or fiberglass hardcover items that can be installed with live-line tools”

2. Personal Protective Equipment (PPE)
Workers are required to use Personal Protective Equipment and workwear to protect against electrical hazards. The US Department of Labor suggests that all workers should be provided with training on how to properly use PPE. Security and hazard assessment should also be performed prior to any electrical work to judge the amount and level of PPE needed. Here are some of the PPE frequently used when working with electrical equipment:

  • Eye and face protection, such as safety glasses and face shields
  • Rubber gloves with insulation and leather protection
  • Industrial Hard hats
  • Safety shoes
  • Insulating sleeves
  • Chemical protection gloves
  • Flare resistant clothing

 Similarly, “struck-by” and other construction related fatalities can be avoided if proper measures and safety plans are put in place. OSHA requires that these measures are also taken care of when using construction vehicles. All vehicles must be fully inspected to guarantee functioning lights, brakes, mirrors, and other areas operating safely. To prevent hazards from falling objects, always make sure to wear a hard hat, goggles, and other protective gear. Load-carrying vehicles should be checked for safety prior to usage and all tools should be secured in place to avoid falling on people.

Almost all injuries and deaths can be avoided if workers are provided with proper guidelines on how to operate under different conditions with the necessary safety equipment. While some workers often tend to neglect these safety measures assuming that they are mere hindrances to their workflow, these measures are put in place for a reason — the safety and security of themselves and those around them. 

Below are listed some useful resources for those people that want to find out and read more about this topic:

Resources
http://www.osha.gov/oshstats/commonstats.html
http://www.osha.gov/SLTC/etools/construction/index.html
http://www.worksafebc.com/publications/health_and_safety/by_topic/assets/pdf/fall_protection.pdf

 

Our thanks to Lucy James for this very helpful article! pb

DANGERS OF NURSING HOMES – RESEARCH ALL FACILITIES BEFORE ENTRUSTING A STRANGER WITH YOUR PARENT

GUEST BLOG – JOHN BISNAR, ATTORNEY

As our parents and grandparents age, we want to find the very best care possible for them.  With most people facing the dilemma of balancing work and elder care, it is impossible to do what we might really like to do:  keep our parents at home.  If one or both parents suffer from debilitating illnesses that require round-the-clock care, few people can afford to provide that care in the privacy of a personal residence.  Instead, more and more people turn to managed elder care in the form of retirement communities and nursing homes to provide the day-to-day care our senior family members need.

However, it is frightening to consider the statistics of nursing home injuries and deaths.  Over 30 percent of all nursing homes have experienced some form of abuse of the residence by staff members or other residents.  Only about 20 percent of abuse cases are ever reported.  This means that many instances of abuse or neglect are occurring every day in nursing homes across the country, and that family members and governing authorities are unaware of the majority of these incidents.  In those cases, an attorney should be contacted.

If you or someone you love has been the victim of poor treatment, neglect, or abuse at the hands of staff or residents of a nursing home or elder care facility, you do not have to remain silent.  An Orange County nursing home lawyer will be happy to talk with you about your case and determine the best course of action to stop, prevent, or recover damages due to the abuse.

Nursing home abuses range from minor inconveniences, such as forcing a resident to wait excessive periods for food or service, to major and deadly actions such as beating or withholding needed medication.  More than fifty percent of nursing home patients do not have close family members who visit regularly, so these seniors are often the target of severe abuse and neglect on the part of careless or unkind staff members.  Many of the staff employed by nursing homes are also severely overworked, with one nurse responsible for up to thirty patients.  Under these conditions, it is very easy for abuse or neglect to take place, and highly unlikely it will be reported.

What can you do to prevent your elderly loved ones from experiencing nursing home abuse and neglect?  First, stay visible.  It is important to visit on a regular, but not predictable, basis and observe carefully the conditions under which your loved one is kept.  Next, talk to your relative about his or her treatment in the nursing home.  Do not automatically discount any stories of bad treatment, but make assertive inquiries with the staff.  Often, knowing that someone is watching and interested is enough to deter any bad staff behavior.  Finally, if you know that someone you love has been mistreated in a nursing home, or if you yourself are the victim of nursing home abuse, contact an Orange County nursing home attorney immediately for a consultation.

Our thanks to John Bisnar, of the Law Firm of Bisnar & Chase.   Every elderly person deserves the attention and care that they would receive if they were able to safely live in their own home.  Many nursing homes and private care homes offer that type of service; however, too many of our little citizens fall into the category of questionable care.  As John mentioned above, one of the best ways to ensure their safety is to pop in as often as you can, and never at a regular time.  A visit to a family member or friend means so much to the residents that we all should do a better job of checking on them, and let them know we care.  I want to add one thing: if you suspect any abuse or other problem, go to the administration and speak up.   My concern is especially for the ones that have no one to stand up for them.  In that case, an Ombudsman or other representative should contact a local attorney.  Our parents took care of us; it’s our turn to see that they are taken care of.  This article is very important to anyone who is facing the decision of relocating their parents or grandparents or a loved one.