Community Care of Rutherford, Inc., a nursing home, was fined for leaving fall prone residents without adequate supervision, including a resident who fell twenty-eight times in five months, and ultimately died from head trauma caused by a fall. The nursing home appealed the fines and defended itself to an Administrative Law Judge (ALJ) on the grounds that these fall prone residents enjoyed maximum freedom according to its philosophy of care, the “Eden Alternative.”

The Administrative Law Judge ruled that nursing homes must comply with federal regulations governing the safety of residents, even if the regulations conflict with the nursing home’s philosophy of care. In this case, the ALJ noted, the nursing home could have kept the residents free from restraints while still complying with the regulations by providing close supervision of fall prone residents.

Federal nursing home regulations are an important tool for holding nursing homes accountable in a civil lawsuit. If you or someone you know has suffered neglect or abuse in a nursing home or assisted living facility, you may contact Benjamin Gideon at bgideon@bermansimmons.com.

The Administrative Law Judge’s decision against Community Care of Rutherford County, Inc. can be found at: Community Care of Rutherford County, Inc.

The U.S. Senate’s Special Committee on Aging will hold a hearing on elder abuse on Wednesday, March 2, at 2:00 p.m. Entertainer Mickey Rooney, an elder abuse advocate, will share his personal story of financial and emotional abuse as an elder. An official of the Government Accountability Office (GAO) will also unveil a new GAO report on the prevalence of elder abuse and its impact on government resources. The hearing will be webcast from the Committee’s webste at www.aging.senate.gov.

Elder abuse or neglect can happen to anyone. If you or someone you know has been the victim of abuse or neglect in a nursing home or assisted living, contact Benjamin Gideon at bgideon@bermansimmons.com.

Brewer Rehabilitation and Living Center reported an outbreak of scabies to the Centers for Disease Control and Prevention recently. The CDC provided the center with information on how to get rid of the infestation. Scabies, a small mite that burrows underneath the skin, are spread through person-to-person contact as well as contact with unsanitized clothing and linens.

If you or someone you know has been harmed by abuse or negligence in a nursing home, contact Benjamin Gideon at bgideon@bermansimmons.com

According to one estimate, one in fourteen elders in Maine are victims of abuse, neglect, or financial exploitation. A recent publication by Elder Justice Partners provides an overview of potential legal remedies available for those who have suffered neglect or abuse in a nursing home or assisted living facility. For instance, when a nursing home denies a resident access to emergency medical care, it could be criminally liable for endangering the welfare of a dependent person, as well as civilly liable for physical and emotional harm to the resident. The publication also provides a comprehensive list of resources for elders. The EJP publication can be found at:

Abuse Against the Elderly and Vulnerable Adults 2010: Potential Legal Remedies

If you or someone you know has been the victim of neglect or abuse in a nursing home or assisted living facility, you may contact Benjamin Gideon at bgideon@bermansimmons.com to discuss possible civil legal remedies.

An investigation by the Maine Department of Health and Human Services (DHHS) of complaints about the care at a nursing home in Kennebunk, Maine, led the agency to uncover multiple violations of federal and state regulations. Residents with incontinence were left in soiled bed linens without a change of linens. A resident was observed eating from a breakfast tray on his bedside table, with a half full urinal next to the breakfast tray. There was insufficient water for hot showers, and workers often brought in blankets from home for residents, because the building was cold and there were not enough clean blankets.

Federal and state regulations require nursing homes to provide a sanitary and comfortable environment. Just as importantly, regulations require nursing homes to provide care in a way that maintains the dignity of residents. If the nursing home does not correct the violations by February, it could lose its license.

If you or someone you know has been harmed by negligence in a nursing home, contact Ben Gideon at bgideon@bermansimmons.com.