Patient May Face Charges in Nursing Home Resident Death
Pennsylvania prosecutors have charged a 78-year-old dementia patient with assault and are weighing murder charges . . .
Read moreA Florida jury awarded $3 million in compensatory damages and $17 million in punitive damages on September 26 to the sole living relative of Charles McCorkle, an Alzheimer's disease patient whose rights as a nursing home resident were violated by a corporate policy of substandard care.
The jury determined that Extendicare Health Facilities Inc. had set a corporate policy of understaffing its chain of nursing homes to maximize profits, and that this not only was negligence, but also a form of “reckless disregard.”
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The National Law Journal reports that key testimony came from seven staff members at Colonial Care Center, the St. Petersburg, Florida, nursing home where Mr. McCorkle received substandard care during his 12-month stay.
They testified “that they never had enough time to feed the patients; there was never enough manpower.” The plaintiff’s lawyer also indicated that “For the first 35 days of his residency at Colonial, the staffing was below minimum standards 80 percent of the time.”
Mr. McCorkle, 65, deteriorated after arriving at Colonial Care in June of 1997. He often was not fed and was left lying in his own feces. After two months, he developed a gangrenous pressure sore the size of an orange, received hospital care and surgery, and then returned to Colonial Care. He died several months after leaving Colonial Care for an assisted living facility.
Allowing a nursing home resident’s condition to deteriorate is a violation of his or her rights as a resident. The Florida jury awarded damages, not because Mr. McCorkle died, but because Extendicare's policy violated his rights. Extendicare has filed post-trial motions to set aside the verdict, and if unsuccessful vows to appeal.
Pennsylvania prosecutors have charged a 78-year-old dementia patient with assault and are weighing murder charges . . .
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
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READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
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READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
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READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
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