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Mark Kosieradzki Gives Two Lectures at National Convention

Mark Kosieradzki Gives Two Lectures at National Convention

By Kosieradzki Smith Law Firm

August 1, 2014

Mark Kosieradzki presented two lectures to nationally known plaintiffs’ attorneys  at the American Association for Justice annual convention in Baltimore, MD. On day one of the convention he lectured on the “Death Star” Deposition: Combining the 30(b)(2), 30(b)(6) and 34 deposition. He covered techniques for crafting the deposition notice, the respondent’s duty and the scope of the inquiry. Mark is an expert on the Rule 30(b)(6) depositions and teaches his techniques at seminars across the united states. Mark then wrapped up the convention on day three when he lectured about Protective Orders: A Comprehensive Approach to Stonewalling.

Mark is well known throughout the country for his knowledge of 30(b)(6) depositions. The American Association for Justice released Mark’s DVD, Deposing the Corporate Representative: 30(b)(6) Depositions. The DVD can be purchased from American Association for Justice by contacting  202.965.3500, ext. 8615 of the AAJ Exchange.

photo 3Most Recently, Mark taught the first ever full-day 30(b)(6) program along with nationally known attorney, Phillip Miller. Mark plans to teach another full-day 30(b)(6) program in October in Oklahoma. He was also featured in the July 2014 edition of Trial Magazine with his six page spread that covered the Rule 30(b)(6) depositions.

Mark and the Kosieradzki • Smith Law Firm represent clients in cases involving catastrophic injury caused by wrongdoers, including nursing homes and other care facilities that fail to provide proper care. If you believe you or your loved one has been harmed by another’s wrongful conduct, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

TOPICS:   Firm News, Firm News

Community Foundations Senior Living Resident Neglected in Subzero Temperatures

By Kosieradzki Smith Law Firm

July 29, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Community Foundations Senior Living Facility in Maplewood, Minnesota.  A complaint was filed with the Department alleging that neglect of supervision occurred when a resident was found outside with a head and hand injury.

The Department investigated the matter and found that the resident was out of the facility during the overnight hours in subzero temperatures for approximately seven and a half hours and when the resident returned to the facility the resident needed to be transferred to the hospital due to sustaining frostbite of the residents hands and feet. The resident had a mental illness and chemical dependency issues. The resident’s immediate treatment plan included the following treatment intervention: “Overnight staff to conduct room checks to monitor sleep patterns and whereabouts during the overnight,” the staff failed to report to the oncoming shift that the resident was out of the building and staff failed to conduct a room/bed check consistent with the facility’s policy to ensure the resident’s safety. The MDH determined that the Community Foundations Senior Living Facility is responsible for neglect of the facility’s resident.  [Case no. HL01549004]

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due neglect or abuse in a nursing home, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

$14.5 Million Verdict in Wrongful Death and Negligence Case

By Kosieradzki Smith Law Firm

July 29, 2014

According to the Daily News in Massachusetts, the estate of an elderly woman who died after a fall and weeks of neglect at a Danvers nursing home has won a $14.5 million verdict in a wrongful death and negligence case.

Genevieve Calandro was 90 years old and suffered from dementia when she was admitted to the nursing home in December 2007. She was neglected over a period of months, leading up to the first week of July 2008. She had multiple brewing infections, uncontrolled glucose levels, and a worsening, infected bed sore.

After she fell out of her wheelchair in the dining room, she was taken to Beverly Hospital and found to have a number of complications due to her condition. She died of congestive heart failure on August 16, 2008. Congestive heart failure often develops after other conditions, such as severe infections (pressure sores), have damaged or weakened the heart.

The complaint said financial decisions and corporate greed contributed to the neglect of residents, including Genevieve Calandro, who could not care for herself. It charged that Radius failed to properly train and hire competent staff, and that the corporation overseeing Radius did not comply with state and federal regulations to protect patients.

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due neglect or abuse in a nursing home, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Resident Fatally Burned in Bed at Hudson Elms Nursing Home

By Kosieradzki Smith Law Firm

July 25, 2014

According to McKnights, a $1.2 million arbitration award was granted to the family for a wrongful death of a 95-year-old resident of Hudson Elms Nursing Home in Hudson, OH on July 15, 2014. The resident was a fall risk so her bed was placed against a wall near a baseboard heater; the woman’s legs became trapped and she sustained fourth-degree burns.

The woman’s roommate, a resident with dementia, had access to the thermostat controls and had turned the heat up to maximum. It is unclear how long the woman had been trapped before being discovered at approximately 5:00 a.m. The woman underwent a leg amputation and had a toe on the other foot removed, she died fewer than 90 days after discharge from the hospital.

The settlement includes pain and suffering and wrongful death awards, and about $267,000.00 will go to Government health programs that paid for the woman’s care.

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due neglect or abuse in a nursing home, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

TOPICS:   Burns, News

Megan Stowers Presents at National Business Institute Webinar

By Kosieradzki Smith Law Firm

July 22, 2014

Megan Stowers presented a seminar for lawyers across the country entitled “Nursing Home Failure of Care Litigation” for the National Business Institute. The seminar took place on June 5, 2014.

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Megan’s presentation covered the Affordable Care Act as it relates to nursing home regulation. The Affordable Care Act includes the Nursing Home Transparency and Improvement Act, which aims at improving the quality of care in nursing homes that participate in Medicare and Medicaid. The Nursing Home Transparency and Improvement Act is the first comprehensive legislation since Congress passed the Nursing Home Reform Act, contained in the Omnibus Budget Reconciliation Act (“OBRA”) in 1987. OBRA created a comprehensive set of reforms to nursing home regulations, which constitute the minimum requirements a nursing home must meet in order to qualify to participate in the Medicare program. When litigating nursing home injury and wrongful death cases, the regulations can be used in determining the minimum standard of care.

The Nursing Home Transparency and Improvement Act sets forth several provisions aimed at improving nursing homes, much like the federal OBRA regulations. In her presentation, Megan highlighted a number of the new provisions pertaining to nursing homes and how these provisions may be used in nursing home failure of care litigation. For example, the Affordable Care Act requires nursing homes to provide detailed disclosures regarding ownership and organizational structures in an effort to combat evasive corporate structures. The disclosure of the ownership information helps determine which entities are responsible for the operation of the nursing home.

As part of her presentation, Megan also discussed the location and use key case-supporting documentation and ethical dilemmas the legal profession faces when handling nursing home litigation cases.

Megan and the Kosieradzki • Smith Law Firm represent clients in cases involving catastrophic injury caused by wrongdoers, including nursing homes and other care facilities that fail to provide proper care. If you believe you or your loved one has been harmed by another’s wrongful conduct, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

TOPICS:   Firm News, Firm News

Accessible Space, Inc.’s assisted living facility neglect deprives resident of anti-seizure medication and causes resident’s death

By Kosieradzki Smith Law Firm

July 22, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the ASI Metro 4, aka Accessible Space, Inc., an assisted living facility in St. Paul, Minnesota.  A complaint was filed with the MDH alleging that neglect occurred when the facility’s resident did not receive prescribed medications for nine days, resulting in a seizure. The MDH investigated the matter and found that neglect occurred when the client missed 19 doses of a Phenobarbital, a scheduled anticonvulsant medication, for ten consecutive days and had a seizure lasting 15 minutes.  The resident required emergency care and died the next day.  The death certificate identified respiratory failure related to a seizure as the cause of death.

According to the MDH investigation, the resident was in the Accessible Space, Inc. facility with a diagnosis of seizure disorder and multiple sclerosis.  The resident had cognitive impairment with decision making and required total assistance with medication set up and administration. The resident’s seizure disorder was well maintained with the use of medication and had not had a seizure in several years.  The facility’s mediation administration record showed that the facility staff had failed to administer the resident’s anticonvulsant medication for ten days prior to the hospitalization.

The MDH investigation also revealed that the Accessible Space, Inc. assisted living facility also failed to administer three doses of the anticonvulsant medication to the resident three months earlier, in December, and had failed to administer a drug for a urinary tract infection in January.

The MDH determined that the facility is responsible for neglect of the facility’s resident.  [Case no. HL25489002]

The Minneapolis Star Tribune reports that “This marks the second time in nearly two years that Accessible Space has been found responsible for a serious medication error. In 2012, a male resident was found “gray and pale and dazed” on the floor of his apartment after staffers set up his medications incorrectly. State investigators found that the man had not received two prescribed drugs, a pain reliever and an antihistamine, for three days. He was transferred to the hospital on the fourth day with “an altered mental status,” ccording to a June 2012 investigation report. The Department of Health cited the operators for allowing an unlicensed staff person without adequate training to schedule medications for the resident.”

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. We have extensive experience representing clients in cases involving care facilities that fail to properly care for residents with seizure disorders and that fail to provide residents with essential medications. If you believe your loved one has been harmed due neglect or abuse in a nursing home or other care facility, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation
consultation.

Kara Rahimi Presents at National Business Institute Webinar

By Kosieradzki Smith Law Firm

July 16, 2014

On June 16, 2013, attorneys from the Kosieradzki Smith Law Firm presented a day-long seminar entitled “Nursing Home Failure of Care Litigation.” The seminar was attended by lawyers throughout the country.  Kara Rahimi spoke regarding the governing laws, regulations and oversight organizations specific to the skilled nursing industry as well as establishing standards of care in nursing home negligence actions. Along with Megan Stowers, Kara spoke on identifying, obtaining, and analyzing key documents when handling a case of nursing home abuse and/or neglect. Kara also co-presented a lecture regarding using expert witnesses to prove cases of professional negligence.

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Kara and the Kosieradzki • Smith Law Firm represent clients in cases involving catastrophic injury caused by wrongdoers, including nursing homes and other care facilities that fail to provide proper care. If you believe you or your loved one has been harmed by another’s wrongful conduct, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

TOPICS:   Firm News

Mark Kosieradzki’s Rule 30(b)(6) Editorial Published in Trial Magazine

By Kosieradzki Smith Law Firm

July 10, 2014

‘Corporations will often use their vast resources to evade discovery. But Rule 30(b)(6) can be a powerful tool in your arsenal if you know how to use it to force corporations to offer the most knowledgeable witnesses for deposition.’

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Mark Kosieradzki’s editorial, ‘30(b)(6) Depositions: Using a Laser Instead of a Shotgun,’ was published in the July 2014 edition of Trial Magazine.  His six page spread in Trial Magazine covers techniques for crafting the deposition notice, the respondent’s duty and the scope of inquiry. Mark is an expert on the Rule 30(b)(6) depositions and teaches his techniques at seminars across the country.

Most Recently, Mark taught the first ever full-day 30(b)(6) program along with nationally known attorney, Phillip Miller. He is scheduled to speak at a national convention in Baltimore on the 30(b)(6) topic at the end of July, and plans to teach another full-day 30(b)(6) program in October in Oklahoma.

MARKMark is well known throughout the country for his knowledge of 30(b)(6) depositions. The American Association for Justice released Mark’s DVD, Deposing the Corporate Representative: 30(b)(6) Depositions. The DVD can be purchased from American Association for Justice by contacting  202.965.3500, ext. 8615 of the AAJ Exchange.

Mark and the Kosieradzki • Smith Law Firm represent clients in cases involving catastrophic injury caused by wrongdoers, including nursing homes and other care facilities that fail to provide proper care. If you believe you or your loved one has been harmed by another’s wrongful conduct, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

TOPICS:   Firm News, Firm News

Medicare Probe Reveals Continuing Widespread Problem of Patient Injuries

By Kosieradzki Smith Law Firm

July 3, 2014

A recent Medicare study reveals an epidemic of patient injuries sustained in American hospitals. The most common injury to acquire while under the care of a hospital is an infection. Medicare will begin a program of sanctioning the worst performing quarter of American hospitals starting this year. Despite the success some hospitals have had in their efforts towards harm reduction, infections are still all too common. According to an estimate by the Center for Disease Control, 75,000 patients died of hospital-acquired infections in 2011.

Hospital Acquired Conditions (HACs) are usually infections that develop as the result of improper care. A common HAC is an infection developed from a catheter, whether said catheter is used to administer medication directly to the blood stream or to remove urine from the bladder. Another common HAC that threatens patients are the avoidable injuries such as bedsores, hip fractures, blood clots, or accidental lung punctures.

For the full story on Medicare’s investigation and response click here.

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by care facilities that fail to provide proper care. If you believe your loved one has been harmed due neglect or abuse in a care facility, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Abuse of Resident at Good Samaritan Nursing Home in Westbrook, Minnesota

By Kosieradzki Smith Law Firm

July 3, 2014

The Minnesota Department of Health (MDH) has completed its investigation of abuse concerns at the Good Samaritan Society of Westbrook, a nursing home in Westbrook, Minnesota.  A complaint was filed with the MDH alleging that a nursing assistant was repeatedly observed forcefully restraining a resident in a rough manner. The MDH investigated the matter and found that the allegation of abuse was substantiated. It was determined that the resident had received bruises on the arm, leg, and thigh over a three month period from rough restraint during incontinent cares. [Case no. H5595007]

The MDH determined that the facility is responsible for abuse of the facility’s resident: “The facility was aware of the resident’s combative behavior since the resident’s readmission to the facility three months prior to the allegation of abuse.  The facility was aware of ongoing bruises.  The facility failed to implement interventions to minimize the resident’s combative behaviors and risk of abuse.  The facility lacked education to the direct care givers in how to manage combative behaviors.  The resident exhibited combative behaviors for two months before the resident’s physician was notified.”

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due neglect or abuse in a nursing home or other care facility, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.