ATTORNEY NEWSLETTER
Untreated Injuries And Infection Lead To Premature Death
Allegations Of Criminal Neglect
Sepsis and Gangrene Developed From Untreated Injuries
Hospice patients, like skilled nursing facility patients, are at risk of neglect and abuse. Neglect and abuse may in some cases be attributable to understaffing or unqualified care providers. In some cases, neglect and abuse may go unchecked as a result of poor oversight or lack of corporate accountability on the part of the businesses operating – and reaping profits from – hospice services. More and more hospice programs are for-profit agencies, often part of corporate conglomerates owned by private equity groups and governed by profit motives as opposed to the care of end-of-life patients. According to the Centers for Medicare Services, Medicare reimbursement pays for 84 percent of patients in hospice care, at a per-diem rate, meaning every patient receives the same amount of reimbursement per day despite their diagnosis or individual care needs. This reimbursement system may be creating incentives for hospice agencies to select patients with fewer care needs and longer hospice stays. The profit incentive also creates little concern for accountability; the hospice provider is paid per diem whether the care is extensive or virtually non-existent. Patients needing more intensive care may suffer. Our litigators have experience with cases of hospice patients neglected or abandoned with untreated pressure wounds/bed sores and infections that turn fatal. The parties responsible for the condition and fatality should be held accountable. Evans Law Firm, Inc. represents injured seniors and their families in Carmel or Pebble Beach and throughout the Moterey Peninsula and California. We can be reached at (415)441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267).
Fatal Neglect of Hospice Patient
As an example of neglect of hospice cases, the State of California earlier this year filed charges against a nurse at an assisted care facility where a 69-year-old patient died as a result of an untreated pressure wound on the patient’s ankle according to reports.[1] Court documents in the reported case reveal that the supervising RN charged with neglect was the hospice resident’s case manager and allegedly failed to record the discovery of open ulcers in the patient’s medical records. She also allegedly failed to notify a medical doctor and the resident’s family of the hospice patient’s deteriorating condition. Due to the purported lack of care, investigators determined that her condition worsened and eventually led to her death. The California Board of Registered Nursing (the Board) opened an administrative investigation into the supervising RN’s actions and concluded as the resident’s case manager, she failed to appropriately assess an ulcer she discovered on the patient’s right heel, a plan of care was never developed, and the ulcer worsened into a wound that required emergency surgery to the victim’s right foot, which had become septic and gangrenous. Following the surgery, the resident suffered a continued decline in health and eventually passed away. In response to the Board’s findings the California Department of Justice also investigated the case through its Division of Medi-Cal Fraud and Elder Abuse. The RN was charged with one count of felony elder abuse.
Recourse For Injured Seniors
If you have a loved one in Carmel, Pebble Beach or elsewhere in Monterey County who has suffered any kind of abuse or neglect in a hospice program, call us. Do not let warning signs like bruises, or personality changes, or silence pass by unnoticed. Always act on your instincts and call us if you suspect any problem. We know how to investigate cases of physical (and financial) elder abuse and how to pursue all remedies available under California law which include holding supervisors and owners responsible for neglect and abuse of institutionalized patients. Sometimes the ownership of for-profit hospice programs or facilities can be complicated. We have experience in piercing through any elaborate corporate structures to hold those accountable who profit from substandard care. Awards may include attorneys’ fees and expenses you’ve incurred in bringing your case. We will hold all parties responsible for the abuse to count, including owners of home health care agencies and owners, administrators and supervisors in nursing homes and other care facilities.
Contact Us
You can reach Ingrid M. Evans at (415) 441-8669, or by email at info@evanslaw.com or TOLL FREE 1-888-80EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
