Statute of Limitations
- 2 years. The SOL period on survival actions begins to run when the decedent and not his representatives could have discovered the injury and its cause through the exercise of reasonable diligence. (42 Pa. Cons. Stat. §5524)
Damages Cap
- None.
- Protective Services for Older Adults – (Pa. Code Ann. §§15.1-159)
One resident died after rupturing a blood vessel in his brain and fracturing his neck following his wheelchair tipped--anti-tipping devices were not in place. A second resident fell forward in her wheelchair and struck her head on the floor resulting in a concussion and laceration requiring stitches-- a prescribed waist restraint was not in place. The similar incidents occurred within 48 hours of each other at the same nursing home.
What makes these unnecessary events so disturbing is that they occurred within days of each other--these are not isolated incidents. The events have prompted inspections by state nursing home inspectors. Pennsylvania Health Department, director of nursing-care facilities Bill Bodner, sums the situation up well, 'the crux of our concern is the fact that in each case, there was miscommunication between the physician and nursing staff, and no clear plan of how the staff should treat these patients.
With two seemingly preventable patient deaths in recent weeks, officials have ordered Willow Crest Manor to be immediately shut down. An investigation of the deaths revealed multiple safety violations at the facility. "The department has determined that the conditions and the care provided here constitute an immediate danger to the residents," said Matt Jones of the Pennsylvania Department of Public Welfare.
The recent deaths include: a 49-year-old resident who died from complications related to pressure sores on her legs and the unexplainable death of a 24-year old man with cerebral palsy patient who was found dead in his room by a roommate. Pennsylvania officials doing a preliminary investigation of the matters determined that the facility had multiple violations relating to patient care in each incident.
The failure of a Pennsylvania hospital to take basic steps to protect its patients may have cost a dementia patient her life. 89-year-old Rose Lee Diggs was admitted to UPMC Montefiore for multiple deficiencies during the investigation of her death. Although Diggs was transferred from a nursing home that warned the hospital of her propensity to wander, staff at the hospital failed to take any preventative measures to assure Diggs safety in their facility.
Five days after Diggs admission to UPMC she was found dead on the hospital roof in her hospital gown and slippers in 20-degree temperatures. The Pennsylvania Department of Health determined Diggs was able to access the rooftop through a mechanical room with a broken lock. The last recorded sighting of Diggs by hospital staff was more than 13 hours before her body was discovered.
Fifteen residents of the Gallagher Center of Saint Mary's Home in Erie, PA have developed what physicians believe was scabies, a contagious skin infection caused by skin mites. An unknown number of staff and patients' family members also developed the condition. The first case was reported in the spring, though most cases were reported in June and July according to the facility. The original patient was treated by a dermatologist, but other cases followed.
- Nursing Home Cuts Jobs Of 14 Nurses
The Laurel Crest Rehabilitation & Special Care Centerin Pennsylvania has recently cut the jobs of 14 nurses on its staff. These staff reductions, follow the recent dismissal of 39 other workers at this county-run nursing home.
Cambria County officials say the home has enough staff to meet the state standards. The home's annual budget is based on an expected census of 274 patients. The home has 264 patients and its previous staffing level was enough for 350 patients.
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more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…