March 5, 2013 by Domnitz & Domnitz, S.C.

Shocking Elder Abuse Case Near Milwaukee

Elderly patient left to die in pain due to medication error

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Tuesday, March 5, 2013.

It is always difficult to place a loved one in the care of a nursing home in Wisconsin or anywhere else. At times when an individual becomes too infirm to care for themselves, families trust that a nursing home will tend to their loved one, keeping them well and safe from harm. Unfortunately, elderly individuals are often subjected to substandard care, neglect and even abuse due to budget cuts, understaffing and the hiring of individuals that are ill equipped for the position.

A nursing home operating out of state is currently undergoing the process of decertification following the uncovering of what would be considered nightmarish conditions for any individual in a nursing home. The nursing home is being shut down after an egregious lapse in care that led to scores of problems, including residents being left in their own waste for hours, dozens of falls, neglect and multiple medication errors that led to deaths.

One staff member reports that he failed to feed a resident because he ran out of time before the end of his shift. An investigation uncovered numerous instances of improper transcriptions and medication errors. One resident that was in an immense amount of pain was not administered the proper pain medication even when family was pleading with staff.

That resident died in an extreme and unnecessary amount of agony. It is heart breaking to hear of cases like this. When a defenseless and elderly loved one is similarly made to suffer like this in Wisconsin, a devastated family often feels angry and seeks answers. In such instances, there can be legal recourse because every patient deserves the highest standard of care.

A grieving family can file a claim of nursing home abuse or neglect in Wisconsin. The process for financially recovering follow a lapse in care from a nursing home is governed by varying laws, which can be confusing. Accordingly, it is best to speak with an experienced Milwaukee personal injury attorney.

Source: The Tennessean, “Madison nursing home gave patient wrong doses time and again,” Walter F. Roche Jr., Feb. 26, 2013

February 20, 2013 by Domnitz & Domnitz, S.C.

Shocking Case of Elder Abuse in Milwaukee

Woman neglected in nursing home dies, family settles out of court

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Wednesday, February 20, 2013.

Nursing homes that receive Medicare and Medicaid in Wisconsin are legally required to report all instances in which a resident is mistreated, abused, neglected or injured in an unknown manner within 24 hours of the happening. However, this federal law is not always adhered in Wisconsin, which is particularly troubling because it directly impacts some of the most vulnerable members of our state.

It is reasonable for Wisconsin families to expect that when they put their elderly loved ones into some sort of care facility, their health is being looked after by the medical professionals and staff that the family has trusted. Further, if there is a breakdown in this and neglect or abuse occurs, it would be reasonable to think that the state will take action to rectify this.

However, many of these instances of neglect or abuse go unreported, so it is often the responsibility of the family to report such complaints in order to see an investigation. According to one advocate for the elderly and their families, “The insidious thing about facilities not reporting incidents is that there’s no way to know what’s not getting reported.”

In instances in which a care provider fails to adhere to these laws, a family can file a civil suit on the grounds of negligence, wrongful death or medical malpractice. One man filed a lawsuit after his wife fell and then died when she was in the care of a facility about an hour from Milwaukee.

Reportedly, the wife pushed the call light, but no one came for quite some time. So she attempted to get out of bed on her own, fell and hit her head, causing serious bleeding in her brain. She died the next day and the fall was never reported.

The husband filed a wrongful death claim against the company that owned the nursing home, and settled out of court. Unfortunately, as this case demonstrates, surveyors and federal regulators cannot catch everything. Accordingly, it is often up to family to remain alert for instances of abuse and neglect of elderly loved ones in a nursing home. If a family has suspicions of mistreatment, an experienced nursing home neglect lawyer could be invaluable in seeking justice on behalf of an elderly loved one.

Source: WisconsinWatch.org, “Wisconsin nursing homes fail to report deaths, injuries,” Feb. 18, 2013

Our firm has experience handling similar cases. If you have a loved one who has suffered elder abuse in Milwaukee or anywhere in Wisconsin, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. to discuss your options.

November 2, 2012 by Domnitz & Domnitz, S.C.

South Milwaukee Wrongful Death Case Settled with Nursing Home

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, November 2, 2012.

A settlement was recently reached regarding a wrongful death case out of a nursing home in South Milwaukee. A 90-year-old resident was reportedly raped by another resident that was also 90-years-old, and known to be acutely sexually aggressive, in Jan. 2009. It appears that 18 days after the attack, the victim died.

The attacker was transferred to an alternate nursing home, and was deemed mentally incompetent and therefore not criminally charged. However, it is reported that before this resident attacked the victim, he was shortly before prevented from assaulting a separate resident. After the first attempted attack was thwarted, the sexually aggressive resident was left unattended by the residing nurse.

The family of the victim that died after being sexually assaulted filed a wrongful death claim on the grounds that the South Milwaukee nursing home did not provided their nurses and other staff with adequate training regarding sexual assault between residents, which resulted in a sequence of events transpiring that ultimately lead to their family member’s death.

The case went before a jury for four days before a settlement was reached. Both sides declined to comment on the terms of the settlement so the exact figure is not presently public knowledge. While financial compensation will not erase the pain the family endured knowing this was the end their loved one suffered, hopefully the settlement can bring some sense of closure. Additionally, hopefully this tragic case will raise awareness and prevent similar instances from occurring in the future in Wisconsin or elsewhere.

Source: Milwaukee-Wisconsin Journal Sentinel, “Nursing home rape case settles mid-trial,” Bruce Vielmetti, Oct. 16, 2012

Our firm has experience handling similar cases. For more information, please visit our Milwaukee nursing home wrongful death page. If you need legal representation for the wrongful death of a loved one, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

October 23, 2012 by Domnitz & Domnitz, S.C.

Could Norovirus Outbreak Mean Increase in Milwaukee Nursing Home Deaths?

Study: Norovirus in nursing homes leaves residents susceptible

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Tuesday, October 23, 2012.

It can be a painful and trying experience to care for an aging parent. As an individual watches the person that was their first hero become unable to care for themselves on their own, a difficult decision is often reached. Unfortunately, it is not always an option for an adult child to quit their job and devote all of their time to caring for an aging parent, so the child will often opt for a nursing home. Across the country, including in Wisconsin, it is estimated that there are around 3.3 million residents in nursing homes. A study was recently conducted of Medicare-certified nursing homes across Wisconsin and two other states looking at death and hospitalization rates.

The study specifically looked at outbreaks of norovirus in nursing homes and the corresponding death and hospitalization rates. The concluding results found a significant correlation between the risk of residents being hospitalized and dying from all illnesses — rather than just norovirus — increased during times of norovirus outbreak in nursing homes in Wisconsin and the other states. Additionally, researchers found an even stronger correlation with this in nursing homes that had a smaller ratio of daily registered nurses to residents. This correlation appeared to hold up even after the study account for periods in which mortality rates are elevated due to the time of year.

Milwaukee nursing home deaths are relatively rare, but it is important that when a family decides to puts an elderly member in a nursing home, the family trusts that their loved one will be care for. In too many cases, nursing homes neglect their patients due to understaffing or not enough resources. However, this excuse isn’t really good enough for a family that loses a loved one because they weren’t looked after. All residents of our society deserve proper care, including our most elderly residents of Wisconsin.

Source: Infection Control Today, “Norovirus Outbreaks in Nursing Homes Associated With Increase in Hospitalizations, Risk of Death,” Oct. 22, 2012

If an individual suspects that their family member could be a victim of neglect in a nursing home and would like to learn more about options available to them, they may wish to visit our Milwaukee nursing home abuse page. If you need legal representation to bring suit against someone for nursing home abuse, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

June 21, 2012 by Domnitz & Domnitz, S.C.

Patients Should Beware Milwaukee Nursing Home Errors

Filing error results in group home resident’s death in Brooklyn Park

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Thursday, June 21, 2012.

Keeping patients’ medical records properly organized in nursing homes is a simple task, but an important one. If files get mixed up, mistakes can prove fatal.

In one recent incident, a resident of a group home was not resuscitated after he started to choke, resulting in his untimely death last March. A subsequent investigation of the tragedy revealed that staff members did not try to attempt to perform CPR on him because they were under the impression that there was a do-not-resuscitate order applicable to him.

While an ambulance was summoned to assist him, he was not placed in it. Staff reportedly told emergency personnel not to do CPR on him because of the DNR order. The management of the facility is being faulted by investigators, since the procedure for filing documents was apparently the reason for the confusion. Employees were looking at the DNR order for another patient.

All DNR orders for all patients were apparently placed in the same file at the home. Since the incident, the home has altered its procedures to establish separate files for each patient, with their DNR orders and other information concerning them to be consulted in an emergency.

The patient had been a resident of the nursing home for approximately two years. He suffered from advanced kidney failure as well as hypertension, requiring skilled care, according to reports.

Elderly and disabled residents of nursing homes are dependent on the quality of care they receive to maintain their health. It’s vitally important to avoid mistakes that could risk the lives of patients. If you need legal representation for a nursing home mistake, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

Source: Star Tribune, “Brooklyn Park group home is faulted in choking death,” Paul Walsh, June 13, 2012