A Traverse City nursing home being investigated for nursing home abuse did not do enough to prevent the abuse, according to a report by the Michigan Department of Community Health.  The Tendercare Health Center-Birchwood facillity has had several incidents of resident on resident abuse and assault since 2006.  The state concluded employees of the facillity failed to stop attackers from exploiting vulnerable residents, especially older women with dementia or disabilities, from physical and sexual assaults.

I am very sorry this abuse has happened.  I think it is important to hold nursing homes and their employees accountable when they are complicit in this kind of abuse and neglect.

When a resident is abused or neglected in a nursing home, the victim or his or her family may be able to file a lawsuit against the nursing home or its employees.  A nursing home abuse case can involve incidents where a resident is injured through neglect by the employees themselves, such as when employees fail to move a disabled resident and severe bed sores develop, or a case can involve incidents such as this one where the employees fail to protect residents from aggression by other residents.  An experienced Michigan nursing home abuse lawyer could help evaluate a possible lawsuit.

For more information about Michigan dog bite cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan dog bite attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

Bedsores, or pressure sores, are sores caused by prolonged pressure on an area of the body.  They are often the result of neglect or abuse by hospitals, nursing homes, rehabilitations centers, foster homes, and other facilities.  They are common among the sick, elderly, disabled, and others who have difficultly moving themselves.  The pressure from prolonged amount of time sitting or laying in the same position begins to cut off the supply of blood to an area of the body.  The sores start as red irritations (stage 1), but can develop into blisters or ulcers (stage 2) and will eventually form a crater (stage 3) which indicates damage to the tissue below the skin. 

Stage 4 bedsores are the most serious level of bedsores.  By the time, a stage 4 sore has formed, there has already been a craterous sore for some time.  Stage 4 is the terminology used to indicate the crater has become so deep that there is damage to the muscle and bone underneath the skin.  Often times, the muscle or the bone may actually be exposed, complicating treatment and causing a heightened risk of infection. 

Infection seriously delays the healing of earlier stage bedsores but can be life-threatening at Stage 4.  Infection can penetrate the bone, causing osteomyelitis and requiring weeks of treatment.  From there, the infection can spread into the blood stream, causing sepsis.  This will also require weeks of treatment and skin grafting may be necessary.  Skin graft operations, however, may not be successful in older or malnourished patients, which are two of the groups most likely to suffer Stage 4 bedsores.  Even if a skin graft operation is successful, the infections may recur months or even years later. 

Stage 4 bedsores are almost always the result of negligence, neglect, or outright abuse.  By the time a sore reaches this stage, the neglect has gone beyond the mere occasional omission and instead represents prolonged mistreatment.  Stage 4 bedsores can occur anytime there is prolonged pressure on a part of the body, but they are especially common when a hospital, nursing home, rehabilitation center, foster home, or other care facility fails to monitor its patients or residents over a prolonged period. 

Individuals who have sustained Stage 4 bedsores and their families should contact Buckfire & Buckfire, P.C. immediately to determine their legal rights.  Our office will start working on your case immediately and begin gathering the evidence to prove and win your case.

An Allegan County nursing home is facing questions about its future after the death of two patients.  A home operated by Metron Integrated Health Systems has been closed while an investigation by the state Attorney General’s office is underway.  The two patients died at Metron of Allegan after nursing home employees neglected to administer oxygen to them.  This was the same way a patient died at a Big Rapids Metron facility in 2005.  The Centers for Medicare and Medicaid Disbursement has already terminated federal coverage after finding 11 safety violations, including these two deaths as well as failure to prevent patient abuse and other neglect. 

If you suspect that a loved one may be in danger of abuse or neglect at a nursing home, you should transfer them immediately.  Aging advocates and the state government have resources to assist you. 

For more information about Michigan nursing home cases, visit our law firm web site at www.BuckfireLaw.com   If you would like to speak with one of our Michigan nursing home attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

A Report on Nursing Home Abuse and Neglect for Calhoun County was recently released.  This report breaks the data down into several categories, which can be used to compare area nursing homes.  If you have a loved one in a nursing home or if you are facing the decision of placing a loved one in a nursing home, you will want to see how the home ranks. 

It is extremely important to maintain quality care for our elderly population.  If your loved one has been the victim of abuse or neglect at a nursing home, you should report the facility to the proper authorities immediately and you should consult a lawyer to determine the extent of your legal rights.  The only way to make sure all our seniors are protected is to hold negligent facilities accountable. 

For more information about Michigan nursing home neglect cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan personal injury attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

My firm handles many very complex Michigan N0-Fault Insurance claims for clients who suffered traumatic brain injuries, spinal cord injuries, and other catastrophic car and motorcycle accident cases.  A tremendous benefit that these injured clients can receive are  Attendant Care Service Benefits. 

Attorney Daniel L. Buckfire in my office authored “The Ultimate Michigan Car Accident Handbook,” a book that explains the no-fault insurance laws in plain English.  His book has been called the “best book ever written for Michigan consumers on car accident cases.” The book has a great section on Attendant Care Service Claims and I have pasted that section below for your review.  For a free copy of the book, just visit www.buckfielaw.com/getbook.cfm and fill out the request.  We will send it out right away for you.  In the meantime, you can call anytime to have your questions answered.

In-Home Nursing Care/Attendant Care 

What is it for? 

In home nursing care attendant care benefits are actually a part of the medical benefits that you are entitled to receive under the No-Fault laws and the car insurance policy.  These benefits are paid to have a person attend to your personal needs while you recover from your injuries.  These services include assisting you with toileting, showering, feeding, and medications, and even just being with you and supervising you during your recovery. The person can be a family member, friend, nurse or someone from a nursing agency. 

How much can I get to pay for nursing care? 

The dollar amount paid for these services depends on the level of care and supervision being provided.  Ranges are typically from $12.00 per hour to $25.00 per hour.  Higher rates are paid in cases involving brain injuries, spinal cord injuries, and other serious injuries that require the most assistance.

How many hours a day can I get it for? 

This depends on how many hours a day that your doctor believes that you need these services.  In many cases, the rate is paid twenty-four hours a day.  Even though you sleep several hours each day, you may still need someone to be home with you in the case of an emergency or even to assist you in going to the bathroom if you awaken in the middle of the night.

How long can I get it for? 

Like other medical expense benefits, you can receive this for the rest of your life if it is necessary.  Your doctor will tell the insurance company how long you need to have the services provided to you.

How do I file my claim? 

A written claim must be submitted to the insurance adjuster assigned to your claim.

What type of documentation do I need? 

Again, you need a prescription from your doctor for these services.   Additionally, you will need to submit a claim specifying the services being provided, the amount of hours per day the services are being provided, and the name of the person providing the attendant care.  A sample form for submitting this type of claim is at the end of this Chapter and can also be downloaded and printed for free from www.buckfirelaw.com.

How much time do I have to file my claim? 

You should send in your claims for attendant care services every thirty days, but claims for attendant care services can be submitted up to within one year of the date of service.

What do I do if the insurance company refuses to pay these benefits?

If your insurance company refuses to pay these benefits, your only recourse is to file a lawsuit against the insurance company that demands payment for the services.

How much time do I have to file my lawsuit? 

If the claims are presented within one year but are not paid by the insurance company within one year of the date of expense or claim, it will be necessary to start a lawsuit within that one year period in order to protect your claim.  If you choose to begin a lawsuit against your insurance company for No-Fault benefits, you must file a lawsuit within ONE YEAR of the date on which the last unpaid No-Fault benefit was incurred.

If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.

As you are approaching the one year anniversary of your car accident, and there are any outstanding claims that have not been paid by the insurance company, we recommend that you file a lawsuit prior to the one year anniversary of the accident.

Author Daniel L. Buckfire is recognized as a legal expert on Michigan Car Accident cases and the Michigan No-Fault Laws.  He frequently speaks to groups of lawyers and medical providers on these issues.  The firm website is www.buckfirelaw.com