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Nursing home admission contracts are confusing and often full of legal jargon and fine print. If you have a loved one whose mental or physical health is deteriorating and you do not have the ability to care for them yourself, you likely need to get them accepted into a nursing home or other assisted living facility sooner rather than later, and you may not have the time or means to read or fully understand the contract. Unfortunately, many nursing homes depend on this, which can lead to people signing binding arbitration agreements unknowingly, or without knowing what that entails. One of the most important things you can do before admitting your loved one into a nursing home is to check the contract to see if it includes a binding arbitration clause. What Is an Arbitration Agreement? When you sign a binding arbitration agreement, you waive your right to file a lawsuit and your constitutional right to a jury, if the nursing home is later found guilty of malpractice, abuse, or neglect. This doesn’t mean you have no way to get justice, but it does mean you have to go through private arbitration rather than a lawsuit and must agree to whatever decision is made in the arbitration, even in cases of wrongful death. What is arbitration? An arbitration hearing is similar to a civil lawsuit in that both sides present evidence to support their positions, and then a neutral third party weighs the evidence before issuing a ruling. However, in arbitration, the person making the decision is not a judge, it doesn’t take place in a courtroom, there’s no jury present (which is otherwise a constitutional right), and there’s rarely an option to appeal. But the decisions made are legally binding. Why do nursing homes like arbitration? Many businesses prefer arbitration hearings because they are much quicker to resolve, and much cheaper to conduct. However, there are several other key reasons nursing homes push for arbitration: Arbitration hearings are always conducted privately, which means watchdog groups can’t monitor them to ensure everything that happens during the hearing is legal. The results of arbitration hearings are also private, which means the nursing home doesn’t have to report what happened, even if they are found guilty of abuse or negligence. The same stringent rules for evidence don’t apply, which means the nursing home could offer up unsubstantiated rumors about the resident as evidence to try to discredit them (this type of evidence is not admissible in personal injury lawsuits). Although arbitrators are supposed to be neutral, many are employed by for-profit groups, which means they may choose to side with the nursing home, their client, to earn more business. Even when arbitrators side with the resident, the damages awarded are usually much lower than they would receive in a personal injury lawsuit. Arbitration can make it too inconvenient for the resident’s family to pursue a hearing – for example, if the nursing home is part of a chain with its headquarters in another state, they could force the resident to attend a hearing in that other state. Are Mandatory Arbitration Clauses in Nursing Home Contracts Legal? It’s currently illegal to make arbitration a requirement for acceptance into a nursing home or other assisted living facility or to say or suggest it is. If you see an arbitration clause as part of your loved one’s nursing home contract, ask for it to be removed. Until recently, as many as 90% of nursing homes required signing an arbitration clause before a potential resident could be accepted for admission. However, under the Obama administration, a law was passed stating nursing homes that accept Medicare or Medicaid cannot use binding arbitration in disputes with residents. This law was further revised under the Trump administration to state that nursing homes may use binding arbitration but cannot make it a mandatory condition for admission and must clearly state that it is not required for admission in their admission contracts. What to Do If You’ve Signed an Arbitration Agreement If you signed the nursing home contract and its included binding arbitration clause less than 30 days ago, you may be able to revoke your signature with the help of a lawyer. However, if more than 30 days have passed, hope is not lost. Sawyer Law Firm is one of the few nursing home abuse firms in Alabama to take on cases involving arbitration and win. Your family deserves compensation when the facility you entrusted with your loved one’s health and well-being abuses that trust. Speak to our firm today for a free case consultation and let us fight for you.

The U.S. Government Accountability Office (GAO) has recently released a report based on data compiled by the Centers for Medicare & Medicaid Services (CMS), which recommends better nursing home oversight. CMS contracted state surveying agencies to look for nursing home abuse citations, cross-referencing the number of investigative complaints and incidents by state. Overall, they found that abuse citations doubled between 2013 and 2017. In reviewing 2016-2017 sample narratives substantiating citations, they found that physical and mental/verbal abuse were the most common types of misconduct residents suffered, accounting for 46% and 44% of all complaints, respectively. 18% of the abuse reported was sexual in nature. They also found that 58% of incidents were committed by nursing home staff, 30% were committed by residents, and 2% were committed by “Other.” Based on these findings, the GAO has recommended that CMS should work with state survey agencies to create a nationwide database to track abuse incidents and perpetrator data. They have also suggested that CMS develop and implement stricter guidelines for reporting facility-related incidents, and that law enforcement agencies be notified when abuse accusations occur. At Sawyer Law Firm, We Fight for the Rights of the Elderly At Sawyer Law Firm, our Enterprise nursing home abuse attorney is proud to stand up for the rights of the elderly. When nursing home abuse and negligence occur in the state of Alabama, we promise to be there to fight for your loved ones, doing everything in our power to ensure they receive the justice they deserve. Our experienced nursing home abuse lawyer has recovered millions of dollars for clients over the years, including as co-counsel in a landmark 2009 “resident’s rights” case, which resulted in a $4.75 million settlement. We believe that nursing homes that take advantage of those they have been entrusted to care for must be held accountable at all costs. Call to schedule a free consultation today, and discover why we are trusted by families across Alabama for yourself. Call (334) 539-0604 now to speak to an attorney, or contact us online.

Sawyer Law Firm recently filed a lawsuit on behalf of the family of an 83-year-old woman who suffered a heat stroke after she was left in an assisted living facility’s van for six hours. The lawsuit was filed against Elmcroft of Montgomery LLC for negligence and outrage. Our lawsuit alleges the facility had taken our client on a field trip with other residents. Several hours later, our client’s daughter received a phone call from the facility asking if she had picked up her mother and that she was “missing.” Shortly after, our client was found inside a van with the windows rolled up. The van had been parked in the facility’s parking lot. Our client was transported to Jackson Hospital and was diagnosed with heatstroke and other medical complications. Speaking about the lawsuit, attorney J.P. Sawyer had the following to say: “We hope to be able to get the full set of facts and find out exactly what happened. This obviously has to be a systemic failure in the system at the facility for something like this to happen… I’ve been handling these kinds of cases for 25 years and I always say nothing shocks me, but this did shock me. It’s just, you know, unbelievable that they could leave someone in a van for that long and not recognize that she was missing.” At the time of the incident, our client was residing at Elmcroft because she has dementia and a hip issue. However, after suffering heatstroke, we aren’t sure she is going to make a full recovery. As of this writing, our client is still recovering in the intensive care unit. At Sawyer Law Firm, we are committed to representing clients who have suffered abuse or been neglected by nursing home facilities and their staff. If you need help filing a nursing home abuse case, call (334) 539-0604 today to schedule your consultation with our legal team.

When our loved ones age, caring for them ourselves is sometimes impossible, which is why we often entrust them to the care of qualified, well-reputed nursing home facilities. Unfortunately, many of these homes are far from caring, they’re downright dangerous. Due to the continued persistence of two U.S. senators, The Center for Medicare and Medicaid Services recently released a list of nursing homes with a “persistent record of poor care,” four of which were located in Alabama. Each of the 400 United States nursing homes named in the list is a candidate for a special focus facility program, according to The Center for Medicare and Medicaid Services, which means these homes receive more focus and attention because of their bad track record. As a result, the four Alabama nursing homes are in jeopardy of losing funding from Medicare and Medicaid because of their previous violations. In light of the new information, Attorney J.P. Sawyer responded: “I’m shocked there are not more Alabama homes on the list. In the past year, I’ve seen cases where a man choked to death on his dentures, a lady was given an overdose of 13 times the amount of insulin she was to receive, and another lady bled to death because no one was monitoring her Coumadin levels. It really is shocking what goes on in these homes.” The four Alabama homes mentioned in the list were: Diversicare of Foley Terrace Oaks Care & Rehabilitation Center in Bessemer Trussville Health & Rehabilitation Center in Trussville North Mobile Nursing and Rehabilitation Center. Of these homes, one was recently cited for failing to protect residents from abuse and neglect—a citation that occurred after at least 6 complaints of violent incidents among residents were reported. Another home on the list was fined more than $100,000 in 2017 following a poor review by the Department of Public Health’s Division of Health Care Facilities, and a case of sexual abuse was reported at another facility. Do You Have a Case? If you or someone you love suffered nursing home care in one of the four cited homes, or any other negligent elder care facility, our firm is here to help. Attorney Sawyer has the experience, compassion, and knowledge necessary to fight for your rights after a nursing home incident. Let our team help. Contact Sawyer Law Firm today to get started on your case.

Attorney J.P. Sawyer was featured in a Southeast Sun article titled, “’ Standard issue’ military earplugs deemed faulty” on Tuesday, May 14. He discussed how the use of 3M Combat Arms Earplugs Version 2 (CAEv2) resulted in hearing loss, tinnitus, and balance issues among military service members between 2003 and 2015. “If you deployed between those years there was a very good chance you got a set of these earplugs,” Attorney Sawyer said in the article. “So we’re talking thousands, if not millions, of people affected by this.” The two-sided earplugs were designed to block out extremely loud noises such as gunfire and explosions while allowing the user to hear soft sounds like commands. However, the earplugs were too short to properly fit inside the ear, causing them to gradually loosen during use and making them ineffective. Attorney Sawyer is one of the attorneys in the area who is helping veterans who have been issued these earplugs during military service and experienced hearing problems. He claims that 3M received poor results from initial testing and decided to manipulate how the earplugs were inserted to complete the test to meet government standards. In July 2016, 3M was ordered to pay the U.S. Department of Justice a $9.1 million settlement after being accused of knowingly selling defective earplugs to the military without disclosing the defects that decreased hearing protection. “This went on for 15 years and 3M never told the government,” He said, shaking his head. “This is one of the worst cases I’ve seen just blatantly putting somebody at risk when you have the knowledge to tell them how to correct it.” The Southeast Sun is an Enterprise/Coffee County newspaper that was created in 1982. If you are a veteran and suffer from hearing loss and tinnitus after using 3M earplugs for years, contact Sawyer Law Firm and schedule a free consultation today.

Veterans and active military personnel nationwide have filed lawsuits against 3M, claiming the company knowingly distributed defective earplugs to servicemen and servicewomen which led to the development of hearing loss and tinnitus. Lawsuits Moved to Florida On April 3rd, the U.S. Judicial Panel on Multidistrict Litigation decided to move the 600+ cases to Florida. The plaintiffs’ lawyers and 3M had supported various other venues for the lawsuits, including California, Texas, and Minnesota (where 3M is based). However, the panel stated that the Northern District of Florida has the resources necessary to handle these claims. The venue is near military bases, and a high number of service members live in the area. Also, U.S. District Judge M. Casey Rodgers, who will be hearing the cases, served for two years in the military. “The transfer of these cases to the Northern District of Florida is a very positive development for the current and former military personnel we are representing in this litigation… the judge is experienced with these types of claims, and the residents in the area know the importance of protecting our servicemen and servicewomen. We look forward to holding 3M responsible for the harm it knowingly allowed to occur to the military personnel who were protecting our country.” -Attorney J.P. Sawyer Defective Earplugs Allegations The claims allege 3M’s Combat Arms Earplugs Version 2 (CAEv2) had a flawed design, which caused them to slip out of the person’s ears who was wearing them. Unaware that the earplug had loosened, the soldier was exposed to dangerous noise levels that led to hearing loss and tinnitus. The CAEv2 were standard issues between 2003 and 2015 and might have impacted the health of thousands of military personnel. In 2018, 3M paid $9.1 million to settle a lawsuit filed on behalf of the U.S. government. The claim alleged the company knew its earplugs were defective but sold them to the Defense Logistics Agency regardless. Call Sawyer Law Firm for a Free Case Evaluation At Sawyer Law Firm, we are currently handling cases related to 3M’s defective earplugs. If you served in the military between 2003 and 2015 and used the CAEv2, you may be able to pursue legal action against the company. Our attorney has extensive experience going up against large corporations to recover compensation for losses suffered by injured individuals. We are prepared to help you obtain a favorable outcome, too.

In light of growing national concern about staffing levels, the Centers for Medicare & Medicaid Services (CMS) recently announced that it will be conducting more focused surveys of skilled nursing facilities, particularly on weekends. This targeted effort by CMS comes in the wake of a July 2018 study that revealed an 11% deficit of nurses and an 8% deficit of aides on weekends. Other analyses have shown that, despite the Medicare mandate that a registered nurse be present and on duty for a minimum of 8 hours per day, approximately 25% of nursing homes reported that there were no nurses on duty for at least one day every 90 days. Conductors of these surveys will report any staffing shortages to state governments, provide clarification regarding how skilled nursing facilities must report hours and breaks, and help nursing home administrators make sure their staffing counts are correct at any given time in order to avoid understaffing. States will be required to perform no less than 10% of their surveys during evenings, weekends, and other off-hours and no less than 50% for facilities named in the new nursing home lists to be published by CMS. CMS Administrator Seema Verma commented on the new efforts to better regulate nursing home staffing, saying, “Today, CMS is taking important steps to protect nursing home residents…. We’re deeply concerned about potential inadequacies in staffing, such as low weekend staffing levels or times when registered nurses are not onsite, and the impact this can have on patient care.” At Sawyer Law Firm, we are passionate, skilled advocates and we work hard to protect those who cannot speak for themselves. We provide legal representation for individuals and families whose loved ones have been harmed through understaffing and inadequate care from nursing home staff, both in and outside the state of Alabama. Connect with a member of our staff today to speak to a nursing home abuse attorney in Alabama and schedule your free case evaluation.

Enterprise, AL — Sawyer Law Firm, LLC has filed a wrongful death case in Russell County, Alabama, on behalf of the family of an Alabama woman who received an overdose of insulin at a nursing home. The 74-year-old woman was admitted to a Phenix City nursing home for rehabilitation following a hospital stay. The lawsuit alleges that the nursing home staff transcribed the insulin order incorrectly, which resulted in the woman receiving 40 units of fast-acting insulin. The insulin was administered around 8:00 p.m., and the woman was not checked again until 5:00 a.m. the next morning when she was found unresponsive with a blood sugar of 30. She was transferred to a hospital where she died shortly thereafter. The lawsuit alleges that not only did the nursing home transcribe the order incorrectly, but that the pharmacy consultant for the nursing home failed to identify the error. “This is one of the most egregious medication errors I have ever seen”, said attorney J.P. Sawyer. “Any first-year nursing student should know that 40 units of fast-acting insulin are an outrageous amount of insulin to give someone. The nurses transcribed the order incorrectly, the pharmacy company failed to identify the error, and the nurse administered an obviously incorrect dose which resulted in this lady receiving 14 times the ordered dose of insulin. This conduct was grossly negligent, and the medical providers failed this lady on multiple levels.” An adverse drug event (ADE), as defined by the Agency for Healthcare Research and Quality, is any harm experienced by a patient as a result of exposure to a medication. According to the Agency, ADEs account for nearly 100,000 hospitalizations and 700,000 ER visits each year. With nearly 5% of hospitalized patients experiencing an ADE, they are one of the most common types of inpatient errors.

Andalusia, AL — Sawyer Law Firm, LLC and Beasley Allen Law Firm have filed a wrongful death lawsuit on behalf of the wife of a Covington County man who was killed when the logging truck he was driving overturned. According to Alabama State Troopers, the driver was killed when the 2000 Peterbilt log truck he was driving on U.S. Highway 29 left the roadway in a curve and overturned. The logs on the trailer shifted forward, crushing the cab of the truck. The manufacturer of the cab guard, Merritt Equipment Company, is named as a defendant in the lawsuit. One of the lawyers involved in the lawsuit, J.P. Sawyer of Enterprise, states that “this tragic accident underscores the need to protect heavy truck drivers better.” Most log trucks have cab guards or “headache racks.” These guards are used to prevent shifting cargo or logs from encroaching into the cab of the tractor-trailer. Many cab guards are designed from heat-treated aluminum, which can result in the weakening of the cab guard over time. “There are safer alternative designs for these protective devices which have been available too – but not used by – the heavy truck industry for years,” Sawyer says. “My former law partner at Beasley Allen, Ben Baker, has been a leader in litigation aimed at making these trucks safer. He has handled several cases where truck drivers have been injured or killed as a result of the logs shifting forward in collisions which were otherwise survivable.” In 2011, the American Trucking Association and the Owner-Operator Independent Drivers Association requested that the National Highway Traffic Safety Administration (NHTSA) undertake research and data analysis on how crashworthiness standards for the tractor/truck cabs of commercial motor vehicles could have safety benefits for professional truck drivers. In the request, the organizations stated that “(w)e believe there may be opportunities to enhance the survivability of professional truck drivers if appropriate, research-based, uniform standards are developed.” “The manufacturers know these guards will not protect an occupant if the logs shift forward. More shocking is that most of the manufacturers do not test the guards they warrant as safety features for log trucks,” Sawyer says. “Until the manufacturers accept their responsibility to design a safe product, these drivers will continue to be at risk”.

Montgomery, AL — Sawyer Law Firm, LLC has filed a wrongful death case on behalf of the family of a Montgomery woman who suffered a fall while being transported by a non-emergency medical transport company. The woman, who was a nursing home resident, was being transported to dialysis treatment when she was thrown from her wheelchair onto the floor of the transport van. The lawsuit alleges that the woman suffered injuries from the fall that ultimately led to her death. “This poor lady was not properly secured in the chair prior to the transport, and this resulted in her being seriously harmed,” said Attorney J.P. Sawyer. “There is little or no oversight or regulation of these non-emergency transport companies, and the result is that you have folks who are unqualified and poorly trained transporting vulnerable elderly individuals,” Sawyer said he was shocked when this family contacted him, as he was already working on an almost identical case against the same company. “In that case, we learned that the driver had received no training and that he had not even gone through the ‘pre-transfer checklist’ to ensure the safety of the individual. As a result, the woman was thrown from her wheelchair and suffered a fractured arm. Instead of calling for emergency help, the driver called a co-worker to come to help him put the lady back in the chair so he could carry her back to the nursing home.” Alabama Medicaid’s NET (non-emergency transport) program is set up to help pay for rides to and from a doctor’s office, clinic, or another place for medical care that can be planned ahead of time. The lawsuit also includes claims against the nursing home where the woman resided. The lawsuit alleges that the nursing home failed to properly screen the transport company and failed to ensure that the woman was secured in the van prior to leaving the facility. “The nursing home is responsible for the safe transportation of the resident to medical appointments, and they failed this lady by putting her in the hands of an unsafe transport company,” Sawyer said. Media Contact: J.P. Sawyer (334) 539-0604

Enterprise, AL — Sawyer Law Firm has settled a wrongful death case on behalf of the family of a Pike County, Alabama, man who was killed in an agricultural accident on a local farm. The man was involved in moving a piece of heavy equipment when a chain securing the equipment broke. The piece of equipment fell on the man, resulting in his untimely death. “This was a tragic accident that should have never happened,” said Attorney J.P. Sawyer. “This was his first day on the job, and he had been given no training and there was no safety assessment performed prior to the project.” Local law enforcement personnel investigated the incident, but no charges have been filed. “Based upon statements we obtained from other workers who were present, we were able to pin down the facts very quickly,” Sawyer said. “This allowed us to move quickly on the case and secure a resolution for the family without having to file a lawsuit.” For more information on Farm Safety please see https://nfu.org/farmsafety/.

Pressure injuries are exceedingly common for the bedridden and those in wheelchairs, especially if patients do not receive proper preventative care and treatment. In nursing homes, pressure injuries are a particular issue because many of the residents spend a large portion of their time in bed or sitting, which puts them at a higher risk of developing pressure injuries. In an effort to raise awareness of the dangers of pressure injuries, the National Pressure Ulcer Advisory Panel has sponsored the fifth annual World Wide Pressure Injury Prevention Day, which will take place on November 16, 2017. The first World Wide Pressure Injury Prevention Day took place in 2013 and has since been recognized by many governing bodies throughout the world. Hospitals and nursing homes will come together on this day to pursue a common goal of educating people about the dangers of pressure injuries and how to prevent them. Once called bedsores or decubitus ulcers, modern medicine now refers to injuries to the skin and soft tissues as pressure injuries. A pressure injury is a type of localized damage sustained to the skin or underlying tissue caused by repeated compression. These injuries typically occur over protruding areas, like the skin over the tailbone, hip bones, along the spine, or shoulder blades. Anyone who spends a substantial amount of time in bed or sitting each day could develop pressure injuries, but certain individuals face a higher risk. People who are severely ill and bedridden are at high risk, as are elderly individuals who sit or lie down for most of their day, and patients recovering from a serious surgery may also be at risk. Luckily, there are ways to prevent pressure injuries from developing. Pressure injuries form, as the name implies because certain parts of the body have sustained too much pressure, which can then lead to a lack of blood supply to that region. When a part of the skin or tissue lacks blood circulation, it could cause the tissue to die, creating a very painful wound. Initially, these wounds may look like red spots or bruises. If pressure injuries become worse, they may grow deeper and could affect the layers of soft tissue, even damaging nerves or leading to an infection. In order to prevent pressure injuries, patients who are at risk should be rotated and repositioned frequently in order to prevent too much stress on certain areas of the body. Caretakers can also help to prevent these injuries by keeping the patient’s skin clean and healthy in other regards. Healthy eating can strengthen the skin, as can maintaining a clean, dry bed. Areas particularly prone to the development of bedsores can also be cushioned with soft pillows and other specialized pads. If you or someone you love has developed a bedsore, seek your doctor for medical care immediately. When properly cared for, these injuries can heal, but if they are left untended they can become very serious and extremely painful. Unfortunately, nursing home patients develop pressure injuries all too common, and if your loved one’s nursing home facility is negligent in providing adequate care, it could lead to serious damage. If your loved one suffered nursing home abuse, you should take immediate action to protect their health and well-being.