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Anatomy of the Elder Abuse Case
Nursing Home Cases Are Nursing Home Cases Are Not About The MedicineNot About The Medicine
Nursing Home Cases
ongoing benign neglect
failure to deliver custodial care
conscious indifference
deterioration of the vulnerable
Investing Time and Resources
“…“…a good plaintiff lawyer must be willing to invest a good plaintiff lawyer must be willing to invest serious time and resources to gather of all of the data”serious time and resources to gather of all of the data”
not recreating a moment in time but an ongoing course of conduct
monthsmonths
yearsyears
several corporate entitiesseveral corporate entities
Documenting and
Demonstrating Staffing Cuts
Corporate memoranda
Profit expectationsProfit expectations
Staffing cutsStaffing cuts
Accounting documents
Management Rewards
Annual inspections/surveys
Complaint or adverse - incident inspections
Corporate schemes designed to maximize revenues while minimizing expenses
Former Employees
widespread and chronic short staffing
management’s efforts to fix problem
General Accounting Office (GAO)
Department of Justice (DOJ)
Health Care Financing Administration
Congressional Hearings
The “template” upon which to build an effective case theme
54% of the homes in America were dangerously short of staff
"A number of highflying nursing home chains appear to have incorporated defrauding Medicare as part of their business strategy."
Plaintiff’s Opening Statement
“…died a needlessly painful death because the company chose to under-staff.”
YOU ARE GOING TO HEAR THAT THEY DON'T HAVE ENOUGH STAFF, THAT THEY WERE WOEFULLY UNDER-STAFFEDWOEFULLY UNDER-STAFFED ON THE DAY OF MARCH 30 AND 31ST.
YOU ARE GOING TO HEAR EVIDENCE THAT FOR THE YEAR PRIORYEAR PRIOR, THEY WERE BELOW THE MANDATED MINIMUM ON AN BELOW THE MANDATED MINIMUM ON AN AVERAGE. AVERAGE.
No experts needed?No experts needed?
failure to feedfailure to feed
failure to give waterfailure to give water
failure to turnfailure to turn
failure to bathefailure to bathe
Weight loss
Malnutrition
Dehydration
Bedsores
ULCERS
Common Locations for the Development of Decubitus Common Locations for the Development of Decubitus Ulcers or "Bedsores" or "Pressure-Sores"Ulcers or "Bedsores" or "Pressure-Sores"
Common Locations for the Development of Common Locations for the Development of Decubitus Ulcers or "Bedsores" or "Pressure-Sores"Decubitus Ulcers or "Bedsores" or "Pressure-Sores"
Common Locations for the Development of Common Locations for the Development of Decubitus Ulcers or "Bedsores" or "Pressure-Sores"Decubitus Ulcers or "Bedsores" or "Pressure-Sores"
3-D Scanner
X-Ray Scanner
X-Ray Scanner
X-Ray Scanner
X-Ray Scanner
Nursing Homes: A Different Kind of Defendant--Different Kind of Class