Why does the nursing home want you to agree to give up your right to a jury trial and sign an arbitration agreement?

Whether you realized or not, when you signed the contract for your cell phone, you likely signed what is called an Arbitration Agreement. It likely said something like: The Purchaser agrees to waive her or her right to bring any action against the Cell Phone company in state or federal courts, but instead agrees to…[Read More]

Retirement Planning and Continuing Care Communities: Myth v. Reality

Our local business magazine just ran a thorough and thoughtful article on retirement planning. It shows pictures of youthful seniors doing water aerobics, swinging on a lake-side hammock and more. The article highlights idyllic retirement where assets cover comfortable living and seniors have choices.  Yes, some people (those blessed with good health and good jobs…[Read More]

Why nursing home policies and procedures are so important

Have you every heard the phrase – honesty is the best policy? It is an ironic truism. True, because honesty is always preferable to the opposite, dishonesty, and yet ironic because why do we as humans need a policy (a written rule) encouraging honesty? Shouldn’t honesty be innate? Shouldn’t we know to tell the truth, without…[Read More]

Use of Haldol for dementia / Alzheimer’s patients in nursing homes

So the FDA says the following about using Haldol for a dementia / Alzheimer’s patient in a nursing home. Read it carefully, the language is not soft but very clear:  WARNING Increased Mortality in Elderly Patients with Dementia-Related Psychosis: Elderly patients with dementia-related psychosis treated with antipsychotic drugs are at an increased risk of death….[Read More]

A hard conversation worth having: Dementia + Pain

In about four weeks I will be leaving on a jet plane to Music City, to participate in the American Association for Justice Nursing Home Damages Seminar.  Yes, I plan to attend the event but also have been asked to speak about Dementia patients, and pain.  It isn’t the easiest topic to talk about, or…[Read More]

Can they do that?

Families call our office all the time with the question, “Can they do that?” Meaning, can the nursing home: Change Mom’s Oxygen from 3L to 2L? Change Dad’s medications without notifying families? Discharge Grandmom on day 99 when her Medicare ends on day 100? Refuse to apply for Medicaid benefits but rather bill the family…[Read More]

Was that injury caused by neglect, negligence or was it the body’s nature course of action?

Is a pressure ulcer (bed sore) the result of neglect or negligent care? Sometimes.  Is a fall the result of neglect or negligent care? Sometimes. Is a stroke the result of negligent care? Occasionally.  Is malnutrition or dehydration the result of neglect or negligent care? Often times. We have folks call our office, upset, angry,…[Read More]