anatomy of the elder abuse case

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"

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Nursing Homes: A Different Kind of Defendant--Different Kind of Class