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Connie's husband died from nursing home neglect and hired Sweeney Law Firm to help handle her case against the nursing home. Listen to Connie describe her experience with Sweeney Law Firm.

INsight Interview with David Farnbauch explaining Assisted Living Facilities. Video Transcript: Q: Welcome back to INsight.  We’re with Dave Farnbauch, from Sweeney Law Firm, and we want to talk about assisted living facilities.  These are growing in popularity.  More and more people are going into assisted living. A: Dirk, every time you turn around in Fort Wayne, they’re putting up a new assisted living facility. Q: And what does that mean, just, I mean, it’s kind of like organic or natural or whatever.  I mean, does assisted living mean something specific? A: Well, assisted living, you know, how I would define “assisted living” is elderly people that need assistance with basic activities of daily living, but it’s felt that they aren’t quite ready for a skilled long term nursing home facility. Q: But are they regulated, I guess?  Is one assisted living going to offer the same services as the second assisted living, as the third as the fourth? A: Yes, and, of course, obviously, we approach this from the safety standpoint and when you ask are assisted living facilities regulated, what’s interesting, I brought in a couple of things for the viewers to look at.  This is the, what we call the watermelon book.  This is the book of regulations, federal regulations that govern skilled nursing home care.  They say it’s the second most heavily regulated industry in the United States.  So, obviously, lots of rules and regulations that must be followed.  These are the regulations that govern what we call a rehabilitation facility, a residential rehabilitation, or residential facility in the state of Indiana.  You know, the regulations are, you know, a few pages.  So, people have to understand that when you put a resident into a facility, who has some medical needs, for example, a lot of these assisted living facilities have memory units, they have units that are designed to take care of Alzheimer’s and dementia patients.  Well, those patients have a lot of medical needs and they need a lot of supervision and these regulations, while they do have some regulations in place that require certain level of staffing and sort of oversee what the staff can do, from a medical standpoint, it’s not anywhere near the level of care that you’re going to get in a nursing home. Q: So, the term “skilled nursing” means skilled nursing? A: You’re going to get round the clock skilled nursing care and a lot tighter oversight over those residents to, for their safety and to prevent accidents and to make sure that they’re safe. Q: If my loved one truly just needs assistance, is there a best way to evaluate from one facility to the other? A: Well, once again, the Indiana State Department of Health, they have score cards for these residential facilities.  There’s information you can get from the Indiana State Department of Health website as to whether they’ve been cited for violations of the Indiana State Department of Health regulations. Q: We were talking before we went on the air about the, don’t be fooled just because it’s clean and well maintained and beautiful grounds. A: Right.  Dirk, I think there’s just, there is still a stigma, families don’t want to put their loved one in a nursing home.  So, they think to themselves, okay, we’ll just put Mom or Dad in an assisted living facility.  It’s not really a nursing home.  But I think what you really have to carefully evaluate is is this the right fit for that resident’s level of acuity or their needs.  I think a lot of people get placed in an assisted living facility that really actually need to be in a nursing home and sometimes with tragic consequences that if your loved one needs a lot of care and oversight, it could be dangerous being in an assisted living facility. Q: You can learn more at Sweeneylawfirm.com.  We’ll be right back on INsight.

INsight Interview with David Farnbauch from 05/11/2017 explaining the governmental oversight of Nursing Homes and their performance score. Video Transcript: Q: Welcome back to INsight.  We’re with Dave Farnbauch, here at Sweeney Law, and we want to talk about governmental oversight of nursing homes.  Is there much? A: Well, Dirk, nursing homes are licensed facilities that are licensed by the State of Indiana and the Indiana State Department of Health does employ surveyors to go out and inspect nursing homes to check for compliance with state and federal regulations, so, yes, indeed, there is state regulation or oversight of nursing homes in our state. Q: So, I guess I’m thinking, as a restaurant consumer, they’ve started in some states putting the letter grade right there in the window.  Is there an easy way for me to find out the same thing with a nursing home, like what these scores are? A: There is.  Actually, the Indiana State Department of Health has a website that you can go and look and see if there are what they call deficiencies.  They give, sort of, nursing homes a score card.  So, there is, there are resources available online with the Indiana State Department of Health to check on the performance of nursing homes, as far as compliance with state regs. Q: Are there, is it in a language that I can understand, as a layman, or are there certain deficiencies that maybe they word them certain ways, so I don’t necessarily know what’s going on? A: Yes, I mean, I think they’re fairly understandable.  So, once again, you’re looking for, you’re looking to avoid nursing homes that receive what they call F tags that are violations of the regulations. Q: Okay.  Do those nursing homes get penalized?  Do they instantly have to fix those things?  How does that system work? A: You know, what’s interesting, Dirk, is that, this is what we often tell our clients, that the penalties that are assessed by the State of Indiana, when there are non-compliance with state and federal regulations, I like to call them a slap on the wrist.  You know, if you look every year, the highest fine might be $2,500.  So, if you’re a corporation running a chain of nursing homes and you’re faced with a $2,500 fine, I don’t think there’s much incentive, from that standpoint, to comply with the regulations.  Sometimes they threaten, you know, they’ll say, well, we’re going to suspend your license if you don’t take these corrective actions, but it’s extremely rare in the state of Indiana that a nursing home’s license is actually suspended. Q: Would I contact the State if, you know, I have a loved one in a nursing home and something has happened to them?  Do families typically go that direction and expect enforcement? A: You know, it’s pretty common.  A lot of times people will come into us and they’ll want to pursue a nursing home neglect case and they’ll say, “I have contacted the State and requested that they do an investigation.”  And, once again, we tell clients that’s fine to do that.  I think that’s a good thing to do, but people have to understand, the staff that’s available, you know, through the Attorney General’s office or the Indiana State Department of Health to do complaint investigations, you know, it’s not really adequate to really police all the nursing homes in the state of Indiana that are providing substandard care to residents. Q: So, typically, then, I guess I’m asking, then, what do I do if I’m uncomfortable with something going on at, you know, at my loved one’s nursing home? A: Well, we think, and we’ve said this many times, one of the most important reasons why families can, for families to pursue a nursing home neglect case is to prevent this from happening to another family and we think that pursuing a legal case against a nursing home for substandard care is a very important deterrent to prevent things from happening to elderly in nursing homes. Q: All right.  Good information and I know your website, full of information, as well, at Sweeneylawfirm.com.  If you’d like to find out more, jump online and learn more or just give them a call.  We will be right back on INsight.

INsight Interview with David Farnbauch from 11/02/2016 explaining the misconceptions of nursing home arbitration. Video Transcript: Q: Welcome back to INsight.  We’re with Dave Farnbauch, from Sweeney Law Firm, talking about, this is an interesting topic because we’ve talked about this topic before, nursing home arbitration agreements, where I go into the nursing home and they say if anything ever happens we’re going to go into arbitration and you’re like, that sounds great. A: Yes, people don’t realize what they’re signing, Dirk.  When you go into a nursing home and you get admitted, you sign a ton of paperwork and one of the things they stick in front of your nose, that people have no idea what they’re signing, is it’s what we call in our business a forced arbitration agreement.  It’s just basically a simple agreement that says if anything happens to your loved one in the nursing home and you want to make a claim against us for injuries or death or whatever, you’re going to be presenting that case through arbitration and they’re going to select, in that contract that you sign, the forum for the arbitration and it’s probably a forum that you don’t really want to be in, if you want a fair shake. Q: So, what sounds good because, again, it seems like, oh, arbitration would be cheaper, it would be faster, it would be, you’re telling me it’s more likely I’m going into a, I don’t want to say a no win situation, but a stacked situation? A: Right.  It’s not like going into the court system, where you’re going to go into a leveling playing field.  These arbitrators that they select to serve as arbitrators in nursing home cases, there’s a reason why they’re selected to serve as arbitrators because they’re probably going to be partial to the nursing home’s position. Q: The last time we talked about this, weren’t these being discouraged or outlawed? A: Yes, I mean, this is a good example, Dirk, of elections have consequences.  Back in September of 2016, the Centers for Medicare and Medicaid, that’s the entities, the governmental entities that fund nursing homes, they announced a final rule banning these pre-arbitration, forced arbitration agreements for nursing homes that receive federal funds, which is basically all nursing homes.  So, they banned these agreements.  Now, with the election, the new administration, CMS just announced that they’re going to issue a new rule sort of repealing the rule that you couldn’t use these arbitration agreements.  So, elections have consequences. Q: So, is it possible, let’s say I haven’t admitted a loved one yet into a nursing home, is it possible that I just pass on that form and just skip it? A: Well, that’s what we recommend that you do.  I mean, when people are shopping around trying to make a good decision for their loved one about which nursing home to select, certainly have your radar up to see if they’re going to present you with a forced arbitration agreement and my advice is if you want to look at a facility that wants you to sign a forced arbitration agreement, go to the next nursing home that doesn’t offer that because there’s a reason they want you to sign an arbitration agreement. Q: What if I’m already there, I already did sign this and something happens, have I really lost every right I have? A: You know, that’s an interesting question. I would say that it might be a condition to stay at the nursing home.  Say I signed this, but I’ve learned that this is maybe not necessarily a good thing for my loved one.  I don’t want to stay here unless we sign a new agreement, where that’s not part of the admission. Q: Hmm, that’s a lot to think about.  All right.  So, after, though, an injury, can I still come to see you or is — A: You can.  I mean, even if you’re in a nursing home that has a forced arbitration agreement or one that doesn’t, if your loved one is injured in a nursing home, I believe that, you know, we are the law firm in Fort Wayne that you would want to call because we’ve been doing this for a long time. Q: It’s one of those, again, who knew, but people only do this usually once or twice, where they’re putting a loved one into a nursing home and so, you know, you go in, you assume everything is going to be good.  If you’d like to find out more about what steps you can take and what to avoid, go check them out online here at Sweeneylawfirm.com.  We’ll be right back on INsight.

Victim of Nursing Home Neglect? Contact us for a Free Consultation The Sweeney Law Firm has been handling nursing home neglect cases for over 20 years.  Families that come to see us have a common goal, they want to make sure what happened to their loved one in a nursing home, doesn't happen to someone else. Do you find yourself in a situation where your loved one is in a Indiana nursing home and needs help? Contact the Nursing home abuse lawyers at the Sweeney Law Firm today for more information.

Indiana ranks almost dead last in the United States for quality of nursing home care. 1 in 4 Indiana nursing homes have been cited for severe care deficiencies and neglect of residents. This video explains some of the Indiana nursing home laws. The Sweeney law firm has specialized in handling nursing home neglect cases for the past 20 years. If you or a loved one has been a victim of nursing home neglect in Indiana, contact The Sweeney law firm today for a Free Consultation. INDIANA NURSING HOME ABUSE LAWYERS 1-866-793-6339 (Toll Free) 1-260-420-3137 (Local) 1-260-969-0321 (Fax)

Injured in a serious fall in Indiana? Falls are the leading cause of fatal and non fatal injuries to older adults.  Falls can lead to a a lifetime of disabilities and high medical costs.  If you have been injured in a fall due to a dangerous condition in a commercial premises, contact the Indiana Injury Lawyers at The Sweeney Law Firm. Contact Us Today!

The Sweeney Law Firm is committed to standing up for seniors. Especially those who require nursing home care. Far too many nursing home residents develop pressure sores from improper care. Every year billions of health care dollars are spent on hospital treatment for elderly patients who develop pressure sores that are completely preventable. If you or a loved one has suffered harm as a result of abuse or neglect by a nursing home call the Sweeney Law Firm now. The Sweeney law firm is committed to the safety of nursing home residents. If your loved one has been injured as a result of nursing home neglect or pressure sores, call the Indiana nursing home neglect attorneys at the Sweeney law firm now. 1-866-793-6339 (Toll Free) 1-260-420-3137 (Local) 1-260-969-0321 (Fax)

Has Your Loved One Suffered a Nursing Home Fall? Did you know that every year more than 1800 of our nation's elderly lose their lives in nursing home falls. Those who survive nursing home falls frequently sustain debilitating hip fractures and head injuries that cause permanent disability and reduced quality of life. The Sweeney law firm is committed to the safety of nursing home residents. VICTIM OF INDIANA NURSING HOME ABUSE? If your loved one has been injured as a result of nursing home neglect, call the Sweeney law firm now. 1-866-793-6339 (Toll Free) 1-260-420-3137 (Local) 1-260-969-0321 (Fax) Indiana Nursing Home Abuse Lawyers - The Sweeney Law Firm - 866.793.6339

Forced Arbitration Agreements in Indiana Nursing Homes Video with nursing home lawyer Dave Farnbauch discussing what a forced arbitration agreement is.  This agreement is saying that you will handle any kind of disagreement you have with the nursing home in an arbitration and not have the right to go to court. This could be a problem because the nursing home will hand pick the arbitration forum and it might be rigged in favor of the nursing home. Mr. Farnbauch advises to not put your mom or dad in a nursing home that would ask you to sign a forced arbitration agreement.  Many of these nursing homes are corporations and for profit and that could be an indication of the type of care they might receive. The Sweeney Law Firm has been handling nursing home neglect cases for over 20 years.  Families that come to see us have a common goal, they want to make sure what happened to their loved one in a nursing home, doesn't happen to someone else. Contact the Nursing home abuse lawyers today for more information.

VICTIM OF INDIANA NURSING HOME NEGLECT? It's a fact that nursing homes are a big business. The vast majority of nursing homes are for profit and half are part of chains. For profit nursing homes have on average 32 percent less nurses than their not for profit counter parts. The Sweeney Law Firm is committed to standing up for the rights of senior citizens who have been neglected or abused in nursing homes. The Sweeney Law Firm offers a free report on how to choose the right nursing home. Call or go to our website for your free copy of the report. If you or a loved one has been a victim of nursing home neglect in Indiana, contact The Sweeney law firm today for a Free Consultation. INDIANA NURSING HOME ABUSE LAWYERS 1-866-793-6339 (Toll Free) 1-260-420-3137 (Local) 1-260-969-0321 (Fax)

Host 1: Welcome back to InSight. We are joined now by Dave Farnbaugh with the Sweeney Law Firm and we're going to talk today about nursing homes.This is something that lots of generations are dealing with today because whether you are getting ready to make that transition into a nursing home or you are moving your parents into a nursing home, we're all sort of dealing with it and we want to be sure that we're making the right choices. So, luckily we have the support of the Sweeney Law Firm and what are some of the questions that we should be asking when we call an attorney? Because really, we probably should be calling an attorney when we're making some of those choices. Dave Farnbaugh: Well I don't know Emily that you would necesarily call an attorny before you would place your loved one in a nursing home. Maybe I can give the views some background on why this is a topic of some interest to me and our law firm. We've been handling nursing home cases, where we file cases against nursing homes, for the last 15 or 20 years and so during that period of time, you learn a lot about why people have to go into nursing homes. You learn a lot about the care that they receive and most notibly these lawsuits are brought because of safety issues that arise in lawsuits. It's sort of an unfortunate reality that many many people that end up in a nursing home wind up with injuries or even death for that matter. This is something that has really became a particualr insterest with our law firm. We pursue a number of these cases. We do these cases all over the state so what we like to do when we have forms like this is to share information that we've learned or acquired over the years about how to prevent injuries to try to make a difference that way. What happens most frequently with nursing homes is someone is in a hospital, they have a serious medical condition that requires rehabilitation or a loved one needs skilled nursing care. They've developed alzheimers, dementia, or some other condition that requires skilled nursing care and suddenly a family is confronted with a decision. Where are we going to place Mom or Dad or a spouse for nursing care? Often times, we don't give a lot of thought to that ahead of time. A lot of times, you're at a hospital and the doctor comes in and says, "Look, we're going to release you tomorrow. We're going to be releasing you to a nursing home care." People really haven't given a lot of thought to where we are going to place Mom or Dad or a spouse. So, I guess the idea is that there is a lot of resources out there that are available now-a-days for people looking to do their homework and do research on what's the best placement. And of coarse we feel, based upon our experience having to sue nursing homes and seeing some of the things that can happen from a safety stand point, that it's important for consumers out there to research some of the problems or safety issues in nursing homes. Probably the best resource that's out there is a website called medicare.gov or a lot of people can reach it by googleing "nursing home compare". And when you go on the website for "nursing home compare", you find that you can actually access information online with the various state departments of health (the Indiana State Department of Health). You can actually go online an research what they call "citations" or "f tags" where nursing homes have been cited by the Indiana department of health or a resident developed pressure sores or falls. There's statistics on there. There's plans of correction those sorts of things. You can actually do homework on nursing homes before you have to place your loved one. Indiana has an obvincemen program where those nursing home obvincemen, which are employed by the state. That office is there to help families with issues that arise from nursing home care. What we recommend to families is call the local obvincemen and ask them questions about which facilities have you had problems with? What recommendations would you make when we place our loved one in a nursing home? So there's lots of resources that are available. Also, just check around with people before you place a loved one. What experiences have other families that you know have had in a nursing home. Have you noticed that there's adequate staffing? One of the things that we're going to talk about in the next segment is the staffing in nursing homes. Host 2: There definitely are some advocates and people do need to do their homework. When we come back, like Dave said, "We're going to talk about some of the substandard care and issues that are there. Stick with us, we'll be right back on InSight.