Personal Injury Blog

Florida Nursing Home Abuse – What Every Family Needs to Know

Medicare Won’t Pay for Hospital Surgical Mistakes

If the surgeon leaves a sponge inside a patient during surgery, Medicare will no longer pay for the costs associated with correcting the problem.  Beginning this month, Medicare will not pay for the correction of medical errors.  Experts are hoping that this change helps reduce the number of surgical mistakes and increase the quality of care.

Medicare identified 10 conditions that are “reasonably preventable,” in which hospitals will no longer be reimbursed.  The government agency believes that these conditions are the direct result of poor hospital care.  The conditions listed include situations such as leaving a foreign object inside the patient after surgery, incompatible blood transfusion, bed sores, air embolism, falls, urinary-tract infections caused by catheters, surgical infections, vascular infections from catheters, poor glycemic control and pulmonary embolism.  Medicare did not include “never events” in the list of conditions, which are circumstances that should not have happened in the first place, such as removing the wrong limb.

Patients will also not be required to reimburse the hospital for these conditions.  The financial burden will instead be placed on the hospital.  Many insurance companies are also following Medicare’s example and have listed conditions that they will no longer pay for as well.

Even though Medicare will not save a significant amount of money by not reimbursing hospitals for certain conditions, the theory is that there will be an overall higher savings by reducing unnecessary treatments resulting from medical errors. It is estimated that Medicare will save $12 million of the $110 billion spent on in-patient hospital care annually.

Recently, Medicare also started a public reporting system of hospitals’ performance levels.  Officials feel that these initiatives will pressure hospitals to improve quality and safety within their facilities.

If you have been harmed by a surgical mistake or hospital error, contact law offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 to speak with a Florida medical malpractice attorney.

The article, Hospital Surgical Mistakes Not Covered by Medicare, has more information about Medicare’s new initiatives. 

Recognizing Nursing Home Abuse

If you have a family member in a nursing home, it is imperative that you know and understand the warning signs of nursing home abuse or neglect.  The thought of your loved one being abused or neglected is a horrifying thought, but by becoming aware of the types of abuse and symptoms, you can help protect them.

Elder abuse is defined as doing something or failing to do something that ultimately harms an elderly person or puts him or her in harm’s way.  Abuse can be either intentional or unintentional.  If your loved one is living in a nursing home facility, the abuser could be the professional caregiver.

There are many forms of nursing home abuse, including physical abuse, sexual abuse, emotional abuse, neglect and theft.  When someone physically harms an elder person in any way or fails to provide the necessary care, then that person has committed elder abuse and should be held responsible along with the nursing home facility.

The MayoClinic.com lists many warning signs of nursing home abuse, including bruises or cuts, rope burns, unexplainable broken bones, sprains, behavior changes, dehydration, malnourishment, weight loss, poor hygiene, bed sores, agitation, fear and missing money or valuables.  Your family member may also make comments about abuse, which often indicates that abuse or neglect is occurring within the nursing home.  By visiting your loved one regularly, you can identify any of these signs of potential abuse and take necessary action.

If you feel that your loved one is in immediate danger, you need to call the police.  You should also contact a Florida nursing home abuse attorney who can help you file a claim against the nursing home facility.  Contact the nursing home abuse lawyers at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for legal advice.

The article, Signs of Nursing Home Abuse, has more information on this topic. 

An Understaffed Nursing Home is a Leading Factor in Elder Abuse and Neglect

Almost 50 percent of all nursing homes in the United States are short staffed, which has created an epidemic of nursing home abuse and neglect.  When nursing home facilities are understaffed, the residents’ care is often neglected and abuse becomes prevalent.

There have been many reasons given for the understaffing of nursing homes.  Some believe that it has to do with the fact that many of the nursing home facilities are owned by public corporations looking to increase the bottom line.  By cutting back staff, the profit margin goes up.  Other experts believe it has to do with government programs, such as Medicaid.  Many nursing homes rely on payments from Medicaid, but often the amount paid is not high enough to cover nursing home costs.  As a result, residents are not given the best level of care.

Nursing homes that are understaffed frequently lead to employee burnout and stress.  Nursing staff becomes overworked and tired, which can lead to short tempers with the residents.  Unfortunately, some residents become the victims of elder abuse, either physical or verbal.  Nursing home staff members also do not have the time to focus on the individual care of each resident, when the facility is short staffed.  A poor nurse to resident ratio can cause serious problems, such as malnutrition, dehydration, poor hygiene and bed sores.  Since care becomes inadequate, it is not uncommon for medications to be given in either too high or too little doses.

If you believe that your family member has been neglected or abused at a nursing home due to understaffing, you should contact a Florida nursing home abuse attorney immediately.  Call the law offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for advice regarding your elder abuse case.

The article, Impact of Understaffing in Nursing Homes, has more information on this subject.