Medical Malpractice in Nursing Homes - Consumer Resources

Attorney General's office reviewing citation against nursing home

2012-01-26T15:05:00.000-05:00

A state citation against a central Kentucky nursing home is being reviewed by the Kentucky Attorney General's office. The citation stems from how staff at Charleston Health Care Center in Danville responded to allegations that a male nurse's aide was mistreating patients, according to the Lexington Herald Leader, which obtained the citation through an open records request (http://bit.ly/sNFSlB).
It says abuse allegations weren't immediately reported to administrative staff, weren't thoroughly investigated and weren't reported to all the appropriate state agencies.
Nursing home attorney Lisa Hinkle says the facility is appealing the citation and challenges the factual findings of the Office of Inspector General. She says no allegations of elder abuse have been substantiated and the home has "provided quality nursing-facility care to its residents for a very long time."
The type of citation issued means that a resident's life or safety was put in danger. The Cabinet for Health and Family Services sends all such citations to the Attorney General's office, which decides whether it should be referred to local prosecutors.
According to the citation and other documents, a resident who was admitted in 2010 with a head injury and schizophrenia accused the aide in July of abuse. The citation says the resident told nursing home staff that the aide "placed a pillow over the resident's face in an attempt to suffocate the resident, and then hit the resident four times, twice on each side of the head."
The nursing home's written response to the state says the allegation appeared to be untrue because of the "resident's mental status and frequent statements that did not reflect reality."
An administrator also told investigators that the resident recanted, according to state documents.
However, a certified medical assistant told investigators that the resident had a small facial bruise that wasn't there before the allegations were made, documents said.
She says no allegations of abuse have been substantiated and the home has "provided quality nursing-facility care to its residents for a very long time."
In addition to those allegations, the citation says investigators interviewed six staff members who accused the aide of behaving inappropriately with residents from February through August. The citation says staff witnessed the aide being "physically, mentally, and verbally rough with residents" and saw him kiss them.
One of the witnesses was the home's human resources director, who told investigators that she had counseled the aide and informed the director of nursing, state documents said.
But according to the citation, "there was no evidence these allegations had been investigated and reported by the facility. In addition, there was no evidence the facility protected residents from further potential abuse."
Ky. Attorney General's office reviewing citation against Danville nursing home The Republic
http://www.kentucky.com/2011/12/12/1991539/state-attorney-general-to-review.html#ixzz1gKaRro37

Minnesota allows elder care jobs to former criminals

2012-01-22T14:57:00.003-05:00

During the past six years, Minnesota has granted more than 15,000 waivers to people with criminal records seeking employment in nursing homes and other state-regulated care programs, state records show.
Under state law, people are automatically rejected for those jobs if background checks reveal they have committed any crime on a list of disqualifying offenses. But through a little-publicized appeals process allowed under the law, former criminals who request a second chance usually get their wish.
The most forgiving state agency among the two that grant waivers is the Health Department, which approved 75 percent of 10,000-plus appeals with little public scrutiny, records show.
More than 5,000 waivers went to people who wanted to work in nursing homes or home care agencies. Those applicants were convicted of misdemeanors to felonies, including assault, fraud, false imprisonment, forgery, robbery, theft and making terroristic threats, as well as drug and alcohol offenses, records show.
State regulators said they don't know how many of those ex-criminals actually went to work in nursing homes and other facilities because they don't track that information. They also don't follow how many of those individuals subsequently harmed their vulnerable clients or committed additional crimes
State OKs care jobs for former criminals StarTribune.com
see also: http://www.startribune.com/projects/124663134.html

Mandatory Arbitrations in Nursing Homes Hurting Elders

2012-01-18T16:19:00.000-05:00

Hamill Law - YouTube

Final rule gives providers and beneficiaries access to quality data - McKnight's Long Term Care News

2012-01-18T13:27:00.001-05:00

A final rule issued Monday will allow Medicare and Medicaid beneficiaries access to information about costs and quality of care information about various providers including nursing homes, regulators say.
As required by the Affordable Care Act, the Centers for Medicare & Medicaid Services announced a proposed rule designed to help beneficiaries make more informed decisions in June. The final rule, effective Jan. 6, 2012, gives qualified organizations and beneficiaries access to reports about providers, such as nursing homes, hospitals and physicians. The reports will be a combination of private sector and Medicare claims data, and patients' identities will be protected.
According to the rule, “qualified entities may receive data for one or more specified geographic areas and must pay a fee equal to the cost of making the data available.”
See Rule: final_data_rule_7685.pdf
Final rule gives providers and beneficiaries access to quality data - McKnight's Long Term Care News

Neglect common in Michigan nursing homes

2012-01-14T20:33:00.010-05:00

Michigan issues thousands of violations against nursing homes each year, but the number of documented cases of outright abuse is much smaller, though exact numbers are hard to come by.
Four of five Michigan nursing homes in a three-year period were cited for some form of nursing home mistreatment. But that label covers everything from an aide striking a resident to more passive lapses, such as failing to conduct a background check on an employee or an aide's failure to report an unexplained injury.
For example, Tendercare in Kalamazoo County was cited in November 2010 after an aide pinched and slapped a 100-year-old woman who used a racial slur while resisting going to bed, an inspector wrote. A co-worker said the aide then walked away like nothing happened.

Neglect common in nursing homes, but state seldom cites outright abuse Detroit Free Press freep.com

Depression and stress prevalent in low-wage earning nursing home workers

2012-01-10T13:17:00.000-05:00

This study reveals findinfs that are NO surprise to anyone familiar with American Nursing homes: The prevalence of depression is common among low-wage nursing home workers — who also experience higher levels of stress than other workers — a new Harvard study finds. In one case I handled against Kindred Healthcare, the CNA accused of abusing 4 Elders with Alzheimers had worked an incredible 105 hours in one week.
“The high burden of work-family stress and depression in this group has important public health implications for the nursing home workers and their families as well as for the quality of care delivered to nursing home residents,” said Harvard School of Public Health researcher Cassandra Okechukwu.
Okechukwu and her team surveyed 452 workers, mostly women, to investigate the link between depression and stress at home and work. Participants were asked about stressors such as financial hardships, lack of food and whether they worried about work-related issues during non-work hours. Investigators found that these stressors were double the rate in nursing home workers than other professions.
Okechukwu and her team, which released their findings earlier this week, said they hope to use this information to develop interventions aimed at improving work-family problems among nursing home workers.

Study: Depression and stress prevalent in low-wage earning nursing home workers - McKnight's Long Term Care News

Nursing assistant guilty of rape of a dementia patient

2012-01-07T09:48:00.001-05:00

I read yesterday that a former certified nursing assistant was sentenced to up to eight years in prison for raping a 69-year-old woman with dementia. Jerald Sullivan was also ordered to register as a sex offender after pleading guilty Wednesday in Berkshire Superior Court. Prosecutors say Sullivan sexually assaulted the elder woman in January 2011 while working at the Hillcrest Commons nursing facility in Pittsfield. The judge called the elder crime "reprehensible." I don't know the facts of this case but from the article ot looks like the Judge 'got it right'. I have seen Judges at criminal sentencing of abusive and assaultive nurse aides take a much more lenient approach leaving the distressed families and victims with no recourse other than the civil justice system a la the O.J. Simpson victims.

A nurse aid at a Kindred nursing facility in Massachusetts escaped any jail time even after admitting to assaulting 4 helpless dementia residents. Two subsequent civil nursing home abuse actions provided some measure of justice for the victims families but only after a protracted and hard fought battle to bring Kindred to Justice.

Federal and State Laws specifically prohibit any type of assault upon elders in nursing homes, but it takes a judge or jury to bring these laws to life.

Nursing assistant pleads guilty to raping a patient with dementia at Pittsfield nursing home | The Republic

http://www.berkshireeagle.com/local/ci_19677553

More Nursing Home Residents going home

2012-01-06T13:13:00.000-05:00

Forty-three states have received federal funding to help transfer Medicaid beneficiaries from nursing homes to their communities, a new analysis finds.
The Money Follows the Person demonstration program, which was started five years ago and was expanded under the Affordable Care Act, had successfully transferred a total of 17,000 nursing home residents back into their communities as of Aug. 11, 2011, according to an analysis by the Kaiser Family Foundation's Commission on Medicaid and the Uninsured.

More Medicaid beneficiaries are undergoing nursing home-to-community transfers, report finds - McKnight's Long Term Care News

Nursing Home Population to Expand

2012-01-05T15:01:00.000-05:00

According to an article in hivehealthmedia.com,
there are 3.8 million nursing home residents over the age of 65 , and the senior citizen population will increase to over 72 million by 2030.

This means nursing homes will see over 5 million patients in 2020 and 6.6 million in 2030. With medical advances it is likely that nursing home populations will be bigger.

http://www.hivehealthmedia.com/nursing-home-abuse-grow-future/

The Nursing Home Exodus

2012-01-02T13:05:00.000-05:00

When Edwin Murphy was 91 he was transferred to a local nursing home for rehab and he developed pressure ulcers on both hips. He wanted to go home . Unlike some nursing home residents, he still had a home.
He didn't feel he could enjoy life being "institutionalized.” Moving disabled people out of nursing homes back into the community has become a focus for Medicaid, which now is shifting its priorities to spending more long-term care dollars on community services and less on institutions such as nursing homes.
To that end, every person admitted to a nursing home now is asked The Question: “Do you want to talk to someone about the possibility of returning to the community?” The Question is posed quarterly thereafter.

The Nursing Home Exodus, Part 2 - NYTimes.com

Investigation uncovers nursing home abuse in...

2011-12-28T12:49:00.003-05:00

A Toronto newspaper investigation into nursing home inspections uncovered numerous incidents of poor nursing home care in Waterloo Region and cited four facilities in cases of abuse.
The Toronto Star discovered hundreds of cases of neglect and abuse of seniors while examining more than 1,500 inspection reports for long-term care homes across Ontario since the Ministry of Health and Long-Term Care introduced a new inspection system about a year ago.
Inspections are done in response to complaints of poor care or the home’s reporting of an incident such as an alleged assault. The story was carried in Thursday’s Waterloo Region Record.
The newspaper report sparked action at Queen’s Park, with Health Minister Deb Matthews convening an emergency meeting Friday to find out why long-term care facilities are still not following rules on the reporting of abuse and neglect. At the meeting will be the Ontario Long Term Care Association representing two-thirds of Ontario’s 627 homes and several groups representing family and resident councils in homes.
The focus of the Thursday story was a 71-year-old woman with dementia, who is allged to have been sexually assaulted in her room by a facility staff member, who is now facing charges. Premier Dalton McGuinty responded to story saying there is “clearly more work to do” on the issue of protecting seniors. “I heard about this horrific incident and my heart goes out to the woman involved, her family and friends,” McGuinty said.
Locally, the investigation revealed 46 inspection reports of worrisome incidents in long-term care facilities in Waterloo Region and Wellington County. Six nursing homes were cited regarding reports of abuse, either by staff on resident or resident on resident.
TheRecord - Provincial investigation uncovers reported abuse in...

man charged in neglect-related death

2011-12-24T16:47:00.000-05:00

Authorites on Wednesday charged an Independence man with criminal involuntary manslaughter in the Nov. 1 death of his disabled mother, who died from complications of neglect. Prosecutors allege that James E. Owens failed to provide adequate “nourishment, hygiene and medical care” to his 74-year-old mother. An autopsy determined that Carol F. Brown died from complications of “infected decubitus ulcers and sepsis” due to neglect. Owens, 52, told detectives that he did not feed his mother or summon medical help after he thought she had suffered a stroke because she had said she wanted to die at home, according to a police affidavit filed in Jackson County Circuit Court. At the hospital, a maggot was removed from an open wound on one of Brown’s legs, according to court documents.
Read more here: http://www.kansascity.com/2011/12/21/3331992/independence-man-charged-in-mothers.html#storylink=cpy
Independence man charged in mother’s neglect-related death - KansasCity.com

New Mat may prevent Pressure Sores

2011-12-24T12:01:00.004-05:00

People permanently confined to bed can develop bed sores. New smart cushioning is intended to eliminate the discomforts of lying and sitting. An integrated sensor system equalizes pressure selectively.

Anyone confined to a wheelchair or a bed has to deal with numerous complications. Frequently, they suffer from bedsores or decubitus ulcers as physicians call them. Bony prominences, such as the sacrum, coccyx and ischium, are especially endangered spots. Unrelieved pressure can lead to tissue necrosis. Damage can extend into the periosteum and, at the worst, into bones themselves. The ulcers are entryways for germs, which can trigger sepsis.

While hitherto available passive aids such as air, gel or vacuum cushions relieve pressure, they do not relieve the affected area optimally. Some patients are also unable to actively control the distribution of pressure and alleviate their own suffering. They are dependent on others for help. Personal care assistants or family caregivers must constantly keep an eye out for the formation of pressure ulcers.

A newly developed sensor mat will take over this job in the future and thus prevent tissue damage: researchers at the Fraunhofer Institute for Factory Operation and Automation IFF in Magdeburg are endowing textile cushions with the capability to “feel” by outfitting them with smart sensor systems.
http://www.rdmag.com/News/2011/12/Life-Science-Test-Measurement-Sensor-Mat-helps-prevent-bed-sores/

Nurse Aide CNA - guilty in Cleveland nursing home abuse

2011-12-23T10:08:00.001-05:00

A Cleveland nursing assistant CNA has pleaded guilty in the nursing home abuse of an Alzheimer's patient whose son recorded the mistreatment on a video camera hidden in an air purifier in the woman's room.
Maria Karban, 26, of Cleveland pleaded guilty to misdemeanor criminal assault on an elder Thursday in Cuyahoga County and faces up to six months in jail. Her attorney declined comment until the sentencing next month.
Karban and another nursing aide are accused of abusing Esther Piskor, 78, between April 8 and May 15 at a at MetroHealth Medical Center facility.
Virgen Caraballo, 45, of Cleveland pleaded guilty last month to seven felony counts of patient abuse or neglect and also is to be sentenced in January.
MetroHealth has fired the women and two other employees.
Woman pleads guilty in Cleveland nursing home abuse

Nursing Home Resident killed in California

2011-12-21T12:37:00.000-05:00

Authorities say an 81-year-old man has been arrested on suspicion of murder for allegedly beating to death his 94-year-old nursing home roommate at an Orange County nursing home. According to police, William McDougall allegedly took a bar used to hang clothes from a closet, and used it to repeatedly strike his roommate, Manh Ban Nguyen, about the head.

Detectives are still investigating a possible motive for the nursing home assault, which occurred at Palm Terrace Healthcare Center, a 99-bed residential facility in Laguna Hills. Nguyen, who was found beaten around the head, was pronounced dead at Saddleback Memorial Medical Center.
The report does not say whether either man suffered from alzheimers or had a past record of mental illness or felony.
http://www.newser.com/story/102052/94-year-old-beaten-to-death-in-nursing-home.html

Nursing Home Abuse caught on Tape

2011-12-17T12:33:00.002-05:00

Three workers at a nursing home in Pennsylvania have been arrested after being caught on tape hitting and mocking an elderly woman who suffers from dementia. Relatives of the 78-year-old woman installed a hidden camera after officials at the home rejected their suspicions that she was being abused, ABC News reported. The woman had told her daughter she was being punched and slapped by staff, asking: "Why do they keep picking on me?"

The video shows the employees "engaging in acts which I can only describe as humiliating, taunting and abusive of the victim in this case, including forcing the victim to stand topless for several minutes while the defendant and the other employees mocked her," the district attorney said. "The way the defendants allegedly abused this victim is inexcusable. Patients suffering from dementia and Alzheimer’s are among our most vulnerable citizens." The three employees have been charged with offenses including aggravated assault.
Article

Insurance Industry Manufactures Crises and Harms America

2011-12-15T13:32:00.001-05:00

Great article today from Center for Justice and Democracy on the planned phony insurance 'crisis' planned by insurance companies to manufacture falsehoods to the American public in order to deny Americans access to the Courts and to advance tort reform.

The first definitive expose of 35 years of manufactured insurance crises. So far there have been three. They document how this industry is now creating a fourth.

Imagine an industry that sold a product which every person and business in America needed. This product was so important that the industry could literally threaten the economy of a state by pulling its product out. The seller of this product was accountable to no federal agency and regulated only by very weak state agencies. It was also exempt from anti-trust laws so the entire industry, including so-called “competitors,” could use the same collusive pricing agencies to help determine the product’s price – price fixing that would land others in jail. Other laws permitted it to keep its financial data secret, enabling it to routinely mislead lawmakers, regulators and members of the media about its financial condition. This secrecy allowed it to create phony “crises” to help promote its own legislative agenda, padding its bottom line at the expense of everyday Americans.

The industry’s economic cycles lead to what are known as “hard” and “soft” insurance markets; there have been three full cycles in the past 35 years, with soft markets characterized by stable or low rates (good for policyholders but disliked by the insurance industry) and hard markets, characterized by sudden and astronomical rate hikes for policyholders. These hard markets lead to sometimes devastating “liability insurance crises.”
While the existence of this self-made cycle is clear to insurance industry insiders, insurers often
publicly deny the cycle’s existence while their lobbyists try to take advantage of skyrocketing
rates to push for so-called “tort reform.”
A bill has recently been introduced to eliminate the anti trust exemption irrationaly enjoyed by insurers over the years at the expense of policy holders: http://thehill.com/homenews/house/63997-democrats-want-to-revoke-insurances-antitrust-exemption-in-healthcare-bill

See
http://hamill-law.com/Repeat_Offenders.pdf

http://www.huffingtonpost.com/2011/12/15/insurance-companies-premiums-rate-hikes_n_1149685.html

http://centerjd.org/content/study-repeat-offenders-how-insurance-industry-manufactures-crises-and-harms-america
Study: Repeat Offenders: How the Insurance Industry Manufactures Crises and Harms America centerjd.org

Former nursing home employees claim firing for reporting fired for reporting maggots

2011-12-14T14:53:00.000-05:00

Three former employees of a Pittsfield Township nursing home where maggots were found on a patient have sued the nursing home and its parent company alleging they were fired for reporting patient abuse and neglect at the facility.
The three all worked as certified nursing aides at Whitehall Healthcare Center of Ann Arbor and were involved in the state’s investigation into the discovery of maggots in a patient’s genital area last summer, the lawsuit states.
One was fired after filing a complaint that brought the state to the facility to investigate a patient’s fall, the lawsuit states. Two others were fired after they and the employee who filed the original complaint told state investigators about the discovery of the maggots, the lawsuit claims.

Ex-nursing home employees: We were fired for reporting maggots at Whitehall

New York Scores a dismal rating on Nursing Home Care

2011-12-14T12:19:00.000-05:00

New York has a surprisingly poor record in providing long-term care for its residents, according to a new score card comparing all 50 states and the District of Columbia on the availability and quality of services. New York ranked 41st.

The rankings, published by AARP, the Commonwealth Fund and the Scan Foundation, incorporated data on 25 measures of long-term carefor the elderly and the physically disabled, and on the support services given to family members who provide care like bathing and feeding in the home. The report focused primarily on services for people who need assistance with routine activities of daily life but may also need medical care.
New York’s poor marks on the quality of care delivered and quality of life provided are especially disturbing. The state ranked 44th in the percentage of high-risk nursing home patients who develop bed sores, which is often a measure of neglectful care. It ranked 50th in the percentage of home health patients and 28th in the percentage of nursing home patients who were sent to the hospital, which is often considered an indicator of inadequate care in the system.
It also ranked 50th in the percentage of disabled adults living in the community who always or usually get the support they need. This is an ominous statistic given the drive to move larger numbers of people out of institutions and into community-based care.
http://www.nytimes.com/2011/09/13/opinion/bad-grades-on-long-term-care.html?_r=1&ref=nursinghomes

Drug tampering by nurses in Kansas nursing regulations

2011-12-11T11:56:00.001-05:00

A nurse with a prior felony conviction for forging prescriptions dilutes morphine solutions for five Halstead nursing home patients. Another nurse convicted of stealing drugs from patients at an nursing home gets another job in Topeka, where she adds tap water to a painkiller prescribed for a 105-year-old patient.
Still another nurse fired from her last job at a Wichita hospital over drug discrepancies gets a new job in Salina, where she's later accused of taking home syringes full of morphine and replacing the medicine with a dangerous sodium chloride solution.
Drug tampering cases by 3 Kansas nurses highlight gaps in state nursing regulations | The Republic

Video Treating Pressure Ulcer

2011-12-10T15:17:00.000-05:00

Providing Wound Care And Treating Pressure Ulcer Ppt Presentation

Nursing home safety: Troubled Chicago nursing home may lose funding

2011-12-10T12:15:00.001-05:00

Nursing home news: Federal authorities are moving this week to terminate Medicaid funding to the troubled Wincrest Nursing Center on the city's North Side after state and federal inspections documented nursing home residents engaged in bloody fights and drug abuse that spilled from the facility out into the surrounding community. An 80-bed home that primarily houses adults with mental illnesses, including dozens with felony records, Wincrest has for years been the subject of complaints by local officials and neighbors, as well as students and staff from nearby Loyola University Chicago. Seven Loyola residence halls housing about 600 students stand within a block of the home at 6326 N. Winthrop Ave. Authorities have documented knife attacks, drug abuse at Wincrest Nursing Center. We earlier pointed out the problems facing residents when past felons are admitted into nursing homes and discussed the danger to elders when this happens.
See blog post http://malpractice.blogspot.com/2011/11/admitting-past-felons-into-nursing.html
See Release: http://www.lawfirmnewswire.com/2011/11/massachusetts-elder-abuse-lawyer-warns-of-danger-of-admitting-past-felons-to-nursing-homes/
Nursing home safety: Troubled Chicago nursing home may lose Medicaid funding - chicagotribune.com

Nursing home workers arrested for 'waterboarding' a dementia care resident

2011-12-07T12:06:00.000-05:00

Two nursing home workers in Georgia were arrested after a coworker reported them to the police for performing a waterboarding-like attack against a resident with severe dementia.
A grand jury indicted the two women, on charges of false imprisonment and battering a nursing home patient, for the 2008 incident, The Huffington Post reported. According to a local report, the workers confined the 89-year-old nursing home resident to a shower room, and held back her arms and wrists while using a shower nozzle to simulate the sensation of drowning. The alleged attack was reportedly sparked by an argument about ice cream. The employees are both awaiting a trial date.
Intentional assaults, such as the type involving Kindred CNA Bernadette Stackpole can and should be criminally prosecuted. In most states not assaults on nursing home residents is a crime.
Nursing home workers arrested for 'waterboarding' a dementia care resident - McKnight's Long Term Care News

Were Nursing Home Regulations too Burdensome for Lifecare?

2011-12-04T11:36:00.000-05:00

In a recent sucessful litigation against Lifecare Nursing Home of Lynn Massachusetts, Lifecare's attorneys filed several motions to exclude evidence or to get advance rulings on the use of arguements they did not want made at trial. The case alleged nursing home negligence involving the wrongful death of a disabled resident.
On such motion "in limine"by Lifecare sought to prevent Plaintiff from arguing that the various state and federal regulations regulating nursing homes constituted the "standard of care" applicable to nursing home care. Actually I never intended to argue that the regulations were the per se standard of care. In fact the Judge denied their pre trial motion. I was allowed to argue that the regulations were relevant for consideration.

What was eye opening was the language Lifecare put forth in support of their motion:

"When a practical nursing home is compared to these standards, it would be virtually impossible for the nursing home to avoid a finding of negligence."

The Hamill Firm of Quincy, Massachusetts concentrates their practice on advocating for elderly nursing home residents and has a successful track record of verdicts and settlements including some of the highest emotional distress verdicts ever awarded in Massachusetts for nursing home abuse. The Hamill group encourages all residents injured by neglect in Massachusetts nursing homes to call for a free evaluation of their claim.

Flexible Nutrition Aproach recommended for Nursing Home Residents

2011-12-01T11:04:00.000-05:00

When planning nursing home residents' meals and dining experiences, Food has to look good, taste good, and be offered courteously and in a comfortable setting... Long-term care facility providers should avoid overcomplicating the operation of food services and follow common sense principles. Multiple factors can complicate fulfillment of nursing home residents' nutritional needs. Altered metabolism, medication, or illness can bring on loss of appetite; shortage of staff to assist dependent residents at mealtimes are also obstacles facing long-term care facilities.
Strategies for enhancing the nutritional status of residents, include:
- Careful assessment of altered nutritional status;
- Flexibility in accommodating residents' food and eating preferences;
- training of staff;
- Improved staff communication

Residents families should always be polled as to their loved ones eating preferences and habits. Following these rules can avoid malnutrition, dehydration and rapid weight loss.

Massachusetts Regulations 105 CMR 150 .. state:
(G) Preparation and Serving of Food
(1) All foods shall be prepared by methods that conserve the nutritive value, flavor and appearance.

Federal Regulations 42CFR 483.35 "Dietary Services" states that:
(d) Food. Each resident receives and the facility provides--

(1) Food prepared by methods that conserve nutritive value, flavor, and appearance;
(2) Food that is palatable, attractive, and at the proper temperature;

Significant weight loss can often be avoided. If not stemmed however it can lead to a downward spiral of a residents health. Adherence to the existing regulations added to a specifically tailored diet for the resident can go a long way toward health maintenance.

AMDA

Massachusetts Finishes in Bottom Third of States for Nursing Home Care

2011-11-28T15:59:00.003-05:00

"Lowered Expectations" in Massachusetts Nursing Homes

Massachusetts Long Term care report cards including Nursing Home care marks graded Massachusetts at the third out of fourth quadrants for nursing care quality.
For these importatnt indicators see the state rank (out of 50)
- Quality of Life & Quality of Care: 34th
- Support for Family Caregivers: 39th
- Percent of home health episodes of care in which interventions
to prevent pressure sores were included in care plan for at-risk patients: 40th
- Percent of adults age 18 with disabilities living in the community
who are satisfied or very satisfied with life: 38th
- Percent of home health patients with hospital admission: 38th

- Cost: 17th most expensive

The disparity between the quality of services delivered and the cost of nursing home care is telling and unacceptible in a state with so many top level health care resources. In this case "you don't get what you pay for".
Massachusetts State Scorecard - The Commonwealth Fund

Quality of Care Ftag 309 Nursing Home Regulations

2011-11-25T23:21:00.000-05:00

§483.25 Quality of Care (Ftag 309) regulating Nursing Home care:

States that “Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.”

The stated Intent of section: §483.25 is that the “facility must ensure that the resident obtains optimal improvement or does not deteriorate within the limits of a resident’s right to refuse treatment, and within the limits of recognized pathology and the normal aging process.”

Definitions: §483.25

“Highest practicable physical, mental, and psychosocial well-being” is defined as the highest possible level of functioning and well-being, limited by the individual’s recognized pathology and normal aging process. Highest practicable is determined through the comprehensive resident assessment and by recognizing and competently and thoroughly addressing the physical, mental or psychosocial needs of the individual.

Interpretive Guidelines §483.25 - Unavoidable harms to nursing home elders:

In any instance in which there has been a lack of improvement or a decline, one must determine if the occurrence was “unavoidable or avoidable”. A determination of unavoidable decline or failure to reach highest practicable well-being may be made only if all of the following are present:

• An accurate and complete assessment (see §483.20);

• A care plan that is implemented consistently and based on information from the assessment; and

• Evaluation of the results of the interventions and revising the interventions as necessary.

Compliance with F309, Quality of Care - The nursing home facility is in compliance with this requirement if staff:

• Recognized and assessed factors placing the resident at risk for specific conditions, causes, and/or problems;

• Defined and implemented interventions in accordance with resident needs, goals, and recognized standards of practice;

• Monitored and evaluated the resident’s response to preventive efforts and treatment; and

• Revised the approaches as appropriate.

Full Text of

42CFR483.25 Quality of care

Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.

(a) Activities of daily living. Based on the comprehensive assessment of a resident, the facility must ensure that—

(1) A resident’s abilities in activities of daily living do not diminish unless circumstances of the individual’s clinical condition demonstrate that diminution was unavoidable. This includes the resident’s ability to—

(i) Bathe, dress, and groom;

(ii) Transfer and ambulate;

(iii) Toilet;

(iv) Eat; and

(v) Use speech, language, or other functional communication systems.

(2) A resident is given the appropriate treatment and services to

maintain or improve his or her abilities specified in paragraph (a)(1) of this section; and

(3) A resident who is unable to carry out activities of daily living receives the necessary services to maintain good nutrition, grooming, and personal and oral hygiene.

(b) Vision and hearing. To ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities, the facility must, if necessary, assist the resident—

(1) In making appointments, and

(2) By arranging for transportation to and from the office of a practitioner specializing in the treatment of vision or hearing impairment or the office of a professional specializing in the provision of vision or hearing assistive devices.

resident, the facility must ensure that—

(1) A resident who enters the facility without pressure sores does

not develop pressure sores unless the individual’s clinical condition

demonstrates that they were unavoidable; and

(2) A resident having pressure sores receives necessary treatment

and services to promote healing, prevent infection and prevent new sores

from developing.

(d) Urinary Incontinence. Based on the resident’s comprehensive

assessment, the facility must ensure that—

(1) A resident who enters the facility without an indwelling

catheter is not catheterized unless the resident’s clinical condition demonstrates that

catheterization was necessary; and

(2) A resident who is incontinent of bladder receives appropriate

treatment and services to prevent urinary tract infections and to

restore as much normal bladder function as possible.

(e) Range of motion. Based on the comprehensive assessment of a resident, the facility must ensure that—

(1) A resident who enters the facility without a limited range of motion does not experience reduction in range of motion unless the resident’s clinical condition demonstrates that a reduction in range of motion is unavoidable; and

(2) A resident with a limited range of motion receives appropriate treatment and services to increase range of motion and/or to prevent further decrease in range of motion.

(f) Mental and Psychosocial functioning. Based on the comprehensive assessment of a resident, the facility must ensure that—

(1) A resident who displays mental or psychosocial adjustment difficulty, receives appropriate treatment and services to correct the assessed problem, and

(2) A resident whose assessment did not reveal a mental or psychosocial adjustment difficulty does not display a pattern of decreased social interaction and/or increased withdrawn, angry, or depressive behaviors, unless the resident’s clinical condition demonstrates that such a pattern was unavoidable.

(g) Naso-gastric tubes. Based on the comprehensive assessment of a resident, the facility must ensure that—

(1) A resident who has been able to eat enough alone or with assistance is not fed by naso-gastric tube unless the resident’s clinical condition demonstrates that use of a naso-gastric tube was unavoidable; and

(2) A resident who is fed by a naso-gastric or gastrostomy tube receives the appropriate treatment and services to prevent aspiration pneumonia, diarrhea, vomiting, dehydration, metabolic abnormalities, and nasal-pharyngeal ulcers and to restore, if possible, normal eating skills.

(h) Accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and

(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

(i) Nutrition. Based on a resident’s comprehensive assessment, the facility must ensure that a resident—

(1) Maintains acceptable parameters of nutritional status, such as body weight and protein levels, unless the resident’s clinical condition demonstrates that this is not possible; and

(2) Receives a therapeutic diet when there is a nutritional problem.

(j) Hydration. The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.

(k) Special needs. The facility must ensure that residents receive proper treatment and care for the following special services:

(1) Injections;

(2) Parenteral and enteral fluids;

(3) Colostomy, ureterostomy, or ileostomy care;

(4) Tracheostomy care;

(5) Tracheal suctioning;

(6) Respiratory care;

(7) Foot care; and

(8) Prostheses.

(l) Unnecessary drugs--(1) General. Each resident’s drug regimen must be free from unnecessary drugs. An unnecessary drug is any drug when used:

(i) In excessive dose (including duplicate drug therapy); or

(ii) For excessive duration; or

(iii) Without adequate monitoring; or

(iv) Without adequate indications for its use; or

(v) In the presence of adverse consequences which indicate the dose should be reduced or discontinued; or

(vi) Any combinations of the reasons above.

(2) Antipsychotic Drugs. Based on a comprehensive assessment of a resident, the facility must ensure that—

(i) Residents who have not used antipsychotic drugs are not given these drugs unless antipsychotic drug therapy is necessary to treat a specific condition as diagnosed and documented in the clinical record; and

(ii) Residents who use antipsychotic drugs receive gradual dose reductions, and behavioral interventions, unless clinically contraindicated, in an effort to discontinue these drugs.

(m) Medication Errors. The facility must ensure that—

(1) It is free of medication error rates of five percent or greater; and

(2) Residents are free of any significant medication errors.

Associated Regulations:

Some examples include, but are not limited to, the following:

• 42 CFR 483.10(b)(11), F157, Notification of Changes

Determine whether staff notified the resident and consulted the physician regarding significant changes in the resident’s condition or a need to alter treatment significantly or notified the representative of a significant condition change.

• 42 CFR 483.(20)(b), F272, Comprehensive Assessments

Determine whether the facility assessed the resident’s condition, including existing status, and resident-specific risk factors (including potential causative factors) in relation to the identified concern under review.

• 42 CFR 483.20(k), F279, Comprehensive Care Plan

Determine whether the facility established a care plan with timetables and resident specific goals and interventions to address the care needs and treatment related to the clinical diagnosis and/or the identified concern.

• 42 CFR 483.20(k)(2)(iii), 483.10(d)(3), F280, Care Plan Revision

Determine whether the staff reviewed and revised the care plan as indicated based upon the resident’s response to the care plan interventions, and obtained input from the resident or representative to the extent possible.

• 42 CFR 483.20(k)3)(i), F281, Services Provided Meets Professional Standards of Quality

Determine whether the facility, beginning from the time of admission, provided care and services related to the identified concern that meet professional standards of quality.

• 42 CFR 483.20(k)(3)(ii), F282,Care Provided by Qualified Persons in Accordance with Plan of Care

Determine whether care was provided by qualified staff and whether staff implemented the care plan correctly and adequately.

• 42 CFR 483.30(a), F353, Sufficient Staff

Determine whether the facility had qualified nursing staff in sufficient numbers to assure the resident was provided necessary care and services 24 hours a day, based upon the comprehensive assessment and care plan.

• 42 CFR 483.40(a)(1)&(2), F385, Physician Supervision

Determine whether the physician has assessed and developed a relevant treatment regimen and responded appropriately to the notice of changes in condition.

• 42 CFR 483.75(f), F498, Proficiency of Nurse Aides

Determine whether nurse aides demonstrate competency in the delivery of care and services related to the concern being investigated.

• 42 CFR 483.75(i)(2), F501, Medical Director

Determine whether the medical director:

- Assisted the facility in the development and implementation of policies and procedures and that these are based on current standards of practice; and

- Interacts with the physician supervising the care of the resident if requested by the facility to intervene on behalf of the residents.

• 42 CFR 483.75(l), F514, Clinical Records

Determine whether the clinical records:

- Accurately and completely document the resident’s status, the care and services provided in accordance with current professional standards and practices; and

- Provide a basis for determining and managing the resident’s progress including response to treatment, change in condition, and changes in treatment.

Consumers are also invited to use the many free nursing home consumer resources available at the Hamill law firm website and blog including our free guide to avoiding abuse and our guide on selecting the safest nursing home.

Hamill Law

Understanding Certified Nursing Assistants in Nursing Homes

2011-11-25T12:24:00.000-05:00

Direct care workers -- certified nurse aides, home health aides, and personal and home care aides -- are the primary providers of paid hands-on care for more than 13 million elderly Americans. They assist individuals with a broad range of support including preparing meals, helping with medications, bathing, dressing, getting about (mobility), and getting to planned activities on a daily basis. Although direct care workers constitute one of the largest and fastest-growing sectors of the workforce, there is a documented critical and growing shortage of these workers in every community throughout the United States. There is significant need to attract many more direct care workers in the near future.
The U.S. Department of Health and Human Services is working to improve the quality of direct care jobs and stabilize this workforce on a number of fronts. For over a decade, the Office of the Assistant Secretary for Planning and Evaluation (ASPE) has made the direct care workforce a major focal point of its policy research agenda. ASPE has convened expert meetings and conferences; produced seminal reports and reports to Congress on the long-term care workforce; reviewed state-based policies and provider practice initiatives; examined the utility and efficacy of worker registries, background checks, and wage pass-throughs; explored potential new sources of new workers; and sponsored a number of program evaluations and demonstrations. The Patient Protection and Affordable Care Act (P.L. 111-148) strengthens the investment in direct care work by authorizing several new initiatives aimed at improving the quality of direct care jobs, workforce development, and long-term care.
This chart book highlights findings from two new ASPE-sponsored national surveys: The 2004 National Nursing Assistant Survey and the 2007 National Home Health Aide Survey. Both surveys represent a major advance in the data available about two of America’s most important jobs -- certified nursing assistants working in nursing homes and home health aides working in home and hospice care settings. The chart book is intended to help multiple audiences understand these jobs, issues, and challenges; and to establish useful benchmarks as goals toward which improvement efforts might aspire.
Understanding Direct Care Workers: A Snapshot of Two of America’s Most Important Jobs -- Certified Nursing Assistants and Home Health Aides

Nation’s Largest Nursing Home Pharmacy and Drug Manufacturer to Pay $112 Million to Settle False Claims Act Cases

2011-11-25T12:17:00.000-05:00

The nation’s largest nursing home pharmacy, Omnicare Inc. of Covington, Kentucky, will pay $98 million, and drug manufacturer, IVAX Pharmaceuticals of Weston, Florida, will pay $14 million to resolve allegations that Omnicare engaged in kickback schemes with several parties, including IVAX, the Justice Department announced today. Approximately $68.5 million of the settlement proceeds will go to the United States, while $43.5 million has been allocated to cover Medicaid program claims by participating states.

Nation’s Largest Nursing Home Pharmacy and Drug Manufacturer to Pay $112 Million to Settle False Claims Act Cases

Resident "behaviour issues" in Nursing Homes

2011-11-20T15:06:00.004-05:00

I attended a criminal sentencing in a Massachusetts Superior Court for an aide who had been found guilty of 4 counts of assaults on and mistreatment of nursing home elder residents. The sentencing Judge did not sentence the aide to jail because, astonishingly, he apparently felt sympathy for the aide. Th CNA (Certified Nurse Aide) had been "forced " to work too many hours. And the residents she cared for were sometimes difficult if not "violent" because they had suffered from Alzheimer's disease. As if "resistance" by an ill resident justifies criminal retaliation! Educating the judiciary has become a constant theme in bringing civil cases. Most are unaware or pay lip service to very strict federal regulations prohibiting abuse. state regulations also prohibit abuse:
42CFR§483.13 Resident Behavior and Facility Practices
§483.13(b) Abuse (Ftag 223)
"The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion."
Each resident has the right to be free from abuse, corporal punishment, and involuntary seclusion. Residents must not be subjected to abuse by anyone, including, but not limited to, facility staff, other residents, consultants or volunteers, staff of other agencies serving the resident, family members or legal guardians, friends, or other individuals.

“Abuse” means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” (42 CFR §488.301)
This also includes the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being. This presumes that instances of abuse of all residents, even those in a coma, cause physical harm, or pain or mental anguish.
“Verbal abuse” is defined as the use of oral, written or gestured language that willfully includes disparaging and derogatory terms to residents or their families, or within their hearing distance, regardless of their age, ability to comprehend, or disability. Examples of verbal abuse include, but are not limited to: threats of harm; saying things to frighten a resident, such as telling a resident that he/she will never be able to see his/her family again.
“Sexual abuse” includes, but is not limited to, sexual harassment, sexual coercion, or sexual assault.
“Physical abuse” includes hitting, slapping, pinching and kicking. It also includes controlling behavior through corporal punishment
“Mental abuse” includes, but is not limited to, humiliation, harassment, threats of punishment or deprivation.
§483.13(c) Staff Treatment of Residents ( F224 and F226)
The facility must develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property.

§483.13(c)(1)(i) Staff Treatment of Residents
(1) The facility must (i) Not use verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion;
Our office represented 3 of the victims of this criminal conduct. We were much more successful than the attorney general in bringing justice to the families. At trial, victims who were assaulted and or mistreated received judgements of $300,000, $450,000 and an a third case resulted in a trial settlement.

Residents Rights in Nursing Homes

2011-11-18T14:45:00.001-05:00

Federal Regulations (42CFR§483.10) require that in a nursing home setting: "The resident has a right to a dignified existence (see also §483.15(a) Dignity) self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights" 42CFR§483.10
Residents Rights are not only good medicine, they are mandated by Federal; and state laws and make up the Standard of Care in nursing homes.
These rights include the resident’s right to
• Exercise his or her rights (§483.10(a));
• Be informed about what rights and responsibilities he or she has (§483.10(b));
• If he or she wishes, have the facility manage his personal funds (§483.10(c));
• Choose a physician and treatment and participate in decisions and care planning (§483.10(d))
Other rights include:
§483.10(e) Privacy and Confidentiality
§483.10(f) Grievances
§483.10(g) Examination of Survey Results
§483.10(h) Work
§483.10(i) Mail
§483.10(j) Access and Visitation Rights
§483.10(k) Telephone
§483.10(l) Personal Property
§483.10(m) Married Couples
§483.10(n) Self-Administration of Drugs
§483.10(o) Refusal of Certain Transfers

Attorney Hamill has 34 years experience advocating for injured people including those who have suffered from nursing home neglect, abuse or wrongful death. The Hamill firm represents elders victimized by criminal assaults , bed sores, falls from Hoyer lifts, sepsis and malnutrition. For more information contact the Hamill group at (617) 479-4300 or use the firm's website contact form.

Admitting Past Felons into Nursing Homes

2011-11-16T13:16:00.000-05:00

The Desmoine Register had this article the same day I wrote about placement of past felons in nursing homes and how they increase risk of crimes upon nursing home residents.
State officials say doctors did not view convicted sex offender William Cubbage as a sexual predator when they recommended moving him to an Iowa nursing home where he’s now suspected of sexually assaulting an elderly woman. At one time, a psychologist hired by the state believed Cubbage had victimized “a large number of female children” without being charged or prosecuted for those offenses, according to court records.
Two decades of sex crimes in nursing home abuse suspect’s past The Des Moines Register DesMoinesRegister.com

With violent attacks by felons living in some nursing homes, some facilities are scrambling to comply with disclosure laws required in some states to notify state public health officials when they admit offenders. The number of felons reported to be living in the facilities increased last month in some states. Past reported felonious acts have included rape, theft, assaults, illegal drug use and violence. Some former felons also have serious psychiatric conditions.
http://www.lawfirmnewswire.com/2011/11/massachusetts-elder-abuse-lawyer-warns-of-danger-of-admitting-past-felons-to-nursing-homes/

Elder Pain Study Shows Disparity in Races

2011-11-14T13:47:00.000-05:00

According to a study conducted to measure pain in elderly nursing home residents showed a marked disparity between racial groups:
- About one-quarter of all nursing home residents reported or showed signs of pain.
- Forty-four percent of nursing home residents with pain received neither standing orders for pain medication nor special services for pain management (i.e., appropriate pain management).
- Among residents with dementia and pain, nonwhite residents were more likely than white residents to lack appropriate pain management.
- a significantly greater proportion of residents without dementia reported pain compared with residents with dementia.

Over 40% of all nursing home residents with pain received neither standing orders for pain medication nor special services for pain management. Among residents with dementia and pain, there were differences in appropriate pain management between nonwhite and white residents, with nonwhite residents being more likely than white residents to lack appropriate pain management. Questions exist as to the disparity of adequate pain relief for non white residents. Is it because the facilities they are in are inferior and lack adequate resources?

Products - Data Briefs - Number 30 - March 2010

Pressure Ulcers v Deep Tissue Injury vs Blisters ll

2011-11-13T19:50:00.000-05:00

Afte publishing the post about Pressure Ulcers v Deep Tissue Injury vs Blisters I received an excellent email from Sue Hull, MSN, RN, CWOCN, who operates WoundConsultations.com
"The reason DTI is discussed along with pressure ulcers in the NPUAP document is because it is caused by pressure. If it occurs while a person is a resident of a nursing home, it would indicate negligence in that the measures had not been taken to prevent pressure. I believe it is standard care that a pressure ulcer risk assessment is done on admission and at predetermined intervals thereafter in nursing homes (as in home health, where I work). Based upon the findings of the risk assessment, interventions are to be implemented to prevent skin breakdown. If DTI develops, something was missed in the process, or something is wrong with that particular nursing home's process.

If there were factors that truly did make the DTI unpreventable, those factors should be copiously documented. It should never be a surprise when a pressure ulcer develops. Eg. if a resident MUST have the head of the bed in a high Fowler's position to breathe, it should be heavily documented along with the skin assessment, and a sacral DTI should be watched for. It should not be a surprise.
Also, when there is DTI, it is not undectible, even in persons of color. There are changes, such as warmth, bogginess, blood filled blisters, and color changes. If boney prominence are routinely checked for these things, the DTI will be detected."
Thanks for your input Sue.

http://malpractice.blogspot.com/2011/11/pressure-ulcers-vs-deep-tissue-injury.html

Nursing homes report more felons

2011-11-12T09:28:00.001-05:00

What happens when an elder applies to a nursing home who is a convicted felon or a dangerous criminal? What safety meassures are taken by the nursing home to protect the elder residents from predatory actions such as sexual assaults and criminal assaults? Shouldn't they be screened for the protection of all residents? Shouldn't residents families be warned about these types of admissions?
Nursing homes report more felons - chicagotribune.com

Pressure Ulcers vs Deep Tissue Injury vs Blisters

2011-11-12T08:45:00.003-05:00

Our law office has handled several Pressure Sore, Pressure Ulcer cases where the defense tries to categorize a pressure ulcer as a "deep tissue injury" which was hidden and not visible to caregivers thereby excusing the caregivers from observing and treating the wound. They usually contend that the wound popped up out of nowhere suddenly and in an advanced stage. In other words this wound was unpreventable and untreatable in its earlier stages because it was hidden under the surface of the skin. This defense distorts the definitions and progression of each type of wound. Usually the actual progression of most skin disorders I have handled were in fact pressure ulcers and not hidden "deep tissue Inujury". Mischaracterizing a pressure ulcer as a deep tissue injury is usually an attempt to skirt the mandate of federal regulations regarding the prevention of bed sores. They are seperate and distinct skin wounds.

483.25(c) Quality of Care - Pressure Sores (also called Tag F314):
"Based on the Comprehensive Assessment of a resident, the facility must ensure that-
(1) A resident who enters the facility without pressure sores does not develop
pressure sores unless the individual’s clinical condition demonstrates that they were
unavoidable; and (2) A resident having pressure sores receives necessary treatment and services
to promote healing, prevent infection and prevent new sores from developing."

The National Pressure Ulcer Advisory Panel in 2007 redefined the definition of a pressure ulcer and
the stages of pressure ulcers, including the original 4 stages and adding 2 stages on deep tissue
injury and 1 on unstageable pressure ulcers.
A Pressure sore is defined in 2007 by the National Pressure Ulcer Advisory Panel (NPUA) as a
"A pressure ulcer is localized injury to the skin and/or underlying tissue usually over a bony
prominence, as a result of pressure, or pressure in combination with shear and/or friction."
Pressure ulcers develop when capillaries supplying the skin are compressed enough to impede perfusion, leading ultimately to tissue necrosis. Without pressure over a bony prominence you don't have a pressure sore.

NPUA stated in 1998 that a Stage I pressure ulcer is an observable pressure related alteration of intact skin with indicators, as compared to an adjacent or opposite area on the body, which may include changes in one or more of the following: skin temperature (warmth or coolness), tissue consistency (firm or boggy feel), and/or sensation (pain, itching). The ulcer appears as a defined area of persistent redness in lightly pigmented skin, whereas in darker skin tones, the ulcer may appear with persistent red, blue, or purple hues. A pressure sore is visible or it is not a pressure ulcer by the 1998 definition.

A "Deep Tissue Injury", by contrast is defined in 2007 by NPUA as "Purple or maroon localized area of discolored intact skin or blood-filled blister due to damage of underlying soft tissue from pressure and/or shear." The area may be preceded by tissue that is painful, firm, mushy, boggy, warmer or cooler as compared to adjacent tissue. Deep tissue injury may be difficult to detect in individuals with dark skin tones. Evolution may include a thin blister over a dark wound bed. The wound may further evolve and become covered by thin eschar. Evolution may be rapid exposing additional layers of tissue even with optimal treatment.

Note the distinction created by these definitions when examining a stage 2 pressure ulcer versus a "deep tissue injury": A stage 2 pressure ulcer: "Stage II: Partial thickness loss of dermis presenting as a shallow open ulcer with a red pink wound bed, without slough. May also present as an intact or open/ruptured serum-filled blister. Presents as a shiny or dry shallow ulcer without slough or bruising.* This stage should not be used to describe skin tears, tape burns, perineal dermatitis, maceration or excoriation." Note that NPUA indicates that *Bruising indicates suspected deep tissue injury.
Note also that Stage 2 pressure ulcers can appear as "blisters" but they are indeed stage 2 pressure ulcers not common or benign blisters.

The Hamill Law Group has 34 years experience advocating for injured people including those who have suffered from nursing home neglect, abuse or wrongful death. The Hamill firm represents elders victimized by criminal assaults, pressure sores , falls , sepsis and malnutrition. For more information contact the Hamill group at (617) 479-4300 or use the law firm contact form.

See update to Pressure Ulcers vs Deep Tissue Injury vs Blisters

Elder Abuse: Late-in-Life Surgery Excessive?

2011-11-11T08:54:00.001-05:00

11-11-11
Surgery is ridiculousy common in older people during the last year, month and even week of life, researchers reported Wednesday. Are these types of surgery just another form of Elder Abuse?
The most comprehensive examination of operations performed on Medicare recipients in the final year of life found that nationally in 2008, nearly one recipient in three had surgery in the last year of life. Nearly one in five had surgery in the last month of life. Nearly one in 10 had surgery in the last week of life!
Do doctors too often operate on an elder who is a dying patient? And if so what pain and anguish does surgery entail? Who profits? The health care industry? At whose expense? The frail elderly patient who is dying? What dignity is lost by end of life unnecessary surgery? Will the the surgery improve or destroy the quality of their life at the end?
Lancet Report Cites Rate of Late-in-Life Surgery - NYTimes.com

Sweet Book of Williamstown Rehab (CareOne LLC) faces possible civil claim

2011-11-10T13:53:00.003-05:00

Family of fallen resident recently hired the Hamill Firm to represent them to investigate a possible civil action against Sweet Book of Williamstown Rehab (CareOne LLC) . John S., a 72 year old resident died from fall related injuries in 2011 according to an autopsy.
Sweet Brooks latest nursing home performance surveys are discussed here. Sweet Brook scored in the lowest 5% percentile according to state performance survey results for 2011.The Hamill firm has successfully suited nursing homes for wrongful death and fall related cases.

Federal safety regulation 42 CFR §483.25(h) (Ftag 323) "Accidents" requires that
The facility must ensure that -
(1) The resident environment remains as free from accident hazards as is
possible; and
(2) Each resident receives adequate supervision and assistance devices to
prevent accidents.

Sweet Book of Williamstown Rehab (CareOne LLC)

Hospital Delerium a Hazard for the Elderly

2011-11-05T10:32:00.000-04:00

20 percent of the 11.8 million elderly patients in hospitals develop delirium.
Distinguishing between delirium and dementia, which even medical professionals often mix up, is critical. Delirium signals that something in the body is seriously wrong and needs attention, fast. Dementia, not so; it’s chronic confusion and memory loss that comes on gradually and gets worse. Delirium is confusion that comes on suddenly, often within hours, brought on by such triggers as infection, the stress of a disease or operation, not getting enough food or water or sleep, or medications often administered in the hospital.
How to know if your family member is suffering delirium? Caregivers who know the patient in normal times are the best judges of when things are not right. Look for any of these four signs:
Acute change of mental status: Not making sense when he or she talks? Disoriented, illogical, unable to focus? Trust your instincts. Let the staff know this is not normal behavior.
Inattention: As you hold the patient’s hand, ask him or her squeeze every time you say the letter A, as you clearly spell out “save a heart.” “If they miss two, or squeeze on the wrong letter, that is a sign of delirium,” said Dr. Michele Balas, assistant professor in the College of Nursing at the University of Nebraska Medical Center.
Altered level of consciousness: You’re looking for two possible extremes. In hyperactive delirium, patients are anxious, agitated, aggressive, picking at clothes or IVs. In hypoactive delirium, they’re lethargic, sleepy and not making eye contact.
Confusion and disorganized thinking: Can the patient track a conversation? “Ask simple questions, like, ‘Does one pound weigh more than two pounds?,’ or ‘Will a stone float on water?’” .
Another Hospital Hazard for the Elderly - NYTimes.com

NY State Elder Abuse Study Finds Abuse

2011-11-04T13:25:00.001-04:00

A recent New York Study on Elder Abuse found that:

■ The findings of the study point to a dramatic gap between the rate of elder abuse events reported by older New Yorkers and the number of cases referred to and served in the formal elder abuse service system.
■ Overall the study found an elder abuse incidence rate in New York State that was nearly 24 times
greater than the number of cases referred to social service, law enforcement or legal authorities who
have the capacity as well as the responsibility to assist older adult victims.
■ Psychological abuse was the most common form of mistreatment reported by agencies providing data on elder abuse victims in the Documented Case Study. This finding stands in contrast to the results of the Self-Reported Study in which financial exploitation was the most prevalent form of mistreatment reported by respondents as having taken place in the year preceding the survey
■ Applying the incidence rate estimated by the study to the general population of older New Yorkers,
an estimated 260,000 older adults in the state had been victims of at least one form of elder abuse in
the preceding year (a span of 12 months between 2008-2009).

Study

The Elder Justice Act lacking Effectiveness

2011-11-04T12:56:00.001-04:00

One Year after passage of the landmark Elder Justice Act, reforms and enforements have not been instituted due to lack of funding!

The Act would have addressed Elder care in Nursing Homes and promoted "coordinated planning among all levels of government; generating and sharing knowledge relevant to protecting elders; providing leadership to combat the abuse, neglect, and exploitation of the Nation’s elders; and providing resources to States and com munities to promote elder justice. The problem of elder abuse, neglect, and exploitation requires a comprehensive approach that integrates the work of health, legal, and social service agencies and organizations;"

Elder Justice Act - full text

The Elder Justice Coalition - Home Page

Elder Justice Act

2011-11-04T12:39:00.004-04:00

The historic health care reform bill that President Obama signed into law includes the Elder Justice Act, the Nursing Home Transparency and Improvement Act, the Patient Safety and Abuse Prevention Act, the CLASS Act and provisions designed to improve the ability of people to get needed long-term care services at home.
It took three years to enact Nursing Home Transparency and Improvement, seven to pass the Elder Justice Act, and a dozen to create a national program of criminal background checks on long-term care workers. They all became law when President Obama signed the Patient Protection and Affordable Care Act.
Following are some important long-term care highlights of the new legislation:
Nursing Home Transparency and Improvement
- Establishment of a consumer rights information page on Nursing Home Compare, including services available from the long-term care ombudsman.
- A requirement for nursing homes to make surveys and complaint investigations for three years available on request and to post a notice that they are available.
- A requirement that states maintain a website with information on all nursing homes in the state, including survey reports complaint investigation reports, plans of correction, and other information that the state or CMS considers useful.
Elder Justice Act
See summary of Elder Justice Act from ABA. See full text of act here: Elder Justice Act
Patient Safety and Abuse Prevention Act
this legislation creates a national program of criminal background checks on employees of long-term care providers who have access to residents of facilities or people receiving care in their own homes.
CLASS Act
Home and Community-Based Services

Obama Signs Elder Justice Act

Massachusetts Elder Abuse Lawyer Advises on Nursing Home Safety Culture Factors

2011-11-02T14:40:00.000-04:00

Boston Massachusetts nursing home abuse attorney Bernard J. Hamill says a 2011 federal study of safety “culture” in nursing homes highlights the need to consider certain factors in choosing the right facility for a loved one.

Hamill, founder of the Massachusetts personal injury lawyers of Hamill Law Group, says the multiple factors were looked at in the study to evaluate the atmosphere regarding elder safety in nursing homes. The safety culture factors measured included:
perceptions of resident safety
communication about incidents
supervisor actions promoting resident safety
organizational learning
management support for resident safety
training & skills
compliance with safety procedures
communication openness between staff
nonpunitive response to error
adequate staffing

Two overriding factors in the study eclipsed all other variables: first, whether the nursing facility was a private for-profit corporation or whether it was governmental or non-profit; the second variable was the size of the nursing home. For-profits fared significantly worse in promoting a culture of safety. Larger nursing homes were worse than smaller facilities in promoting a safe culture for elder residents.
The report found nonprofit/government nursing homes:
had a higher average percent positive response than for profit nursing homes on all 12 patient safety culture composites.
had a higher percentage of respondents who indicated they would tell their friends that this is a safe nursing home for their family
had a higher percentage of respondents who gave their nursing home an overall rating on resident safety of “Excellent” or “Very Good”
The study on resident safety revealed that 3 times more residents of large nursing homes (over 200 beds) described the safety culture as “poor” as compared with smaller nursing homes (under 49 beds).

Massachusetts Elder Abuse Lawyer Advises on Nursing Home Safety Culture Factors

Michigan authorities deny "Disgusting" neglect occuring in MI nursing homes

2011-11-01T10:29:00.001-04:00

An advocacy group says many patients in MI have experienced severe nursing home neglect and abuse.
The Michigan Protection and Advocacy Service says one of the worst cases involves a resident who had to have maggots suctioned out of her throat, after she was taken to an emergency room because she was having trouble breathing.
Another resident had maggots infesting her body near her catheter.
But state officials say these are isolated cases, and most nursing homes do a good job caring for residents.
Mike Pemble is with the Department of Licensing and Regulatory Affairs.
"Certainly these are two disgusting cases, and these kind of thing should not happen -- and I would not make excuses why they happened," says Pemble. "But I don't think it's fair to hold it up and say this is happening in all nursing homes."
Pemble says he does not think the state’s oversight of nursing homes needs major changes.
The advocacy group says the state needs to increase penalties against nursing homes where abuses occur.
State: "Disgusting" neglect cases not typical in MI nursing homes Michigan Radio

Nursing Home Survey on Patient Safety Culture: 2011 User Comparative Database Report

2011-10-27T10:35:00.004-04:00

Based on data from 226 nursing homes in the United States, the Nursing Home Survey on Patient Safety Culture: 2011 User Comparative Database Report provides initial results that nursing homes can use to compare their elder patient safety culture to other U.S. nursing homes. The report consists of a narrative description of the findings and four appendixes, presenting data by nursing home characteristics and respondent characteristics for the database nursing homes.

Patient Culture Survey Part 1 2011

Patient Culture Survey Part 2

Nursing Home Survey on Patient Safety Culture: 2011 User Comparative Database Report

Fayette jury awards more than $1 million in nursing home injury case | Voiceless & Vulnerable: Nursing Home Abuse

2011-10-26T08:14:00.002-04:00

A Kentucky jury ruled Monday that Lexington's Cambridge Place Nursing Home should pay more than $1 million in damages to a resident who fell and was found severely injured in an equipment storage room.
Irene Hendrix was found in January 2009 after she went missing while moving up and down the hall in a Merry Walker, a type of walker that includes a seat. She had broken bones in her face, there was bleeding in her brain, and she had a 4-centimeter cut on her forehead, a cut on her lip and a swollen eye, according to state documents.
Hendrix, who was in her late 80s at the time and who had been diagnosed with Alzheimer's disease, had to be hospitalized. She has since moved to another nursing home.
In 2009, Hendrix's daughter and guardian Mary Gullette filed a lawsuit against N&R of Cambridge Place LLC, identified in state records as the owner of the nursing home, and Health Systems of Kentucky LLC, identified in state records as the management company for the nursing home. The lawsuit alleged negligence, which nursing home officials denied.
The jury deliberated about two hours Monday before awarding $1 million for Hendrix's physical pain, suffering and mental anguish and $27,473.48 for her medical costs.
"A jury spoke today regarding the level of care they expect for their loved ones in nursing homes in Fayette County," one of Gullette's attorneys, Scott Owens, said after the verdict was returned.
Fayette jury awards more than $1 million in nursing home injury case Voiceless & Vulnerable: Nursing Home Abuse Kentucky.com

CDC Pressure Sore Data Briefs - NCHS Number 14 - February 2009

2011-10-22T15:52:00.002-04:00

Data from the National Nursing Home Survey, 2004
In 2004, about 159,000 current U.S. nursing home residents (11%) had pressure ulcers. Stage 2 pressure ulcers were the most common.
Residents aged 64 years and under were more likely than older residents to have pressure ulcers.
Residents of nursing homes for a year or less were more likely to have pressure ulcers than those with longer stays.
One in five nursing home residents with a recent weight loss had pressure ulcers.
Thirty-five percent of nursing home residents with stage 2 or higher (more severe) pressure ulcers received special wound care services in 2004.
Pressure ulcers, also known as bed sores, pressure sores, or decubitus ulcers, are wounds caused by unrelieved pressure on the skin (1). They usually develop over bony prominences, such as the elbow, heel, hip, shoulder, back, and back of the head (1-3). Pressure ulcers are serious medical conditions and one of the important measures of the quality of clinical care in nursing homes (1,4). From about 2% to 28% of nursing home residents have pressure ulcers (2,3). The most common system for staging pressure ulcers classifies them based on the depth of soft tissue damage, ranging from the least severe (stage 1) to the most severe (stage 4). There is persistent redness of skin in stage 1; a loss of partial thickness of skin appearing as an abrasion, blister, or shallow crater in stage 2; a loss of full thickness of skin, presented as a deep crater in stage 3; and a loss of full thickness of skin exposing muscle or bone in stage 4. Clinical practice guidelines for pressure ulcers have been developed and provide specific treatment recommendations for stage 2 or higher pressure ulcers, including proper wound care (5). This Data Brief presents the most recent national estimates of pressure ulcer prevalence, resident characteristics associated with pressure ulcers, and the use of wound care services in U.S. nursing homes.
Products - Data Briefs - Number 14 - February 2009

94-Year-Old Beaten to Death in Nursing Home

2011-10-22T15:38:00.001-04:00

Authorities say an 81-year-old man has been arrested on suspicion of murder for allegedly beating to death his 94-year-old roommate at an Orange County nursing home. According to police, William McDougall allegedly took a bar used to hang clothes from a closet, and used it to repeatedly strike his roommate, Manh Ban Nguyen, about the head.
94-Year-Old Beaten to Death in Nursing Home - By his 81-year-old roommate

News

2011-10-22T15:35:00.001-04:00

http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/nursing_homes/index.html
http://www.newser.com/tag/3503/1/nursing-homes.html
http://www.carehome.co.uk/search_results_by_keyword.cfm?q=nursing+home+abuse&site=carehomenews
http://www.aperfectcause.org/predatorarticles.html
http://www.ncea.aoa.gov/Main_Site/FAQ/Nursing_Home_Abuse/News_Articles.aspx
https://www.google.com/search?aq=f&hl=en&gl=us&tbm=nws&btnmeta_news_search=1&q=nursing+home+abuse
https://news.google.com/news/section?pz=1&cf=all&ned=us&hl=en&csid=dd4d6f277bb74b40&redirect=true

Facility Elder Abuse Caught on Tape

2011-10-22T15:19:00.002-04:00

Three workers at a nursing home in Pennsylvania have been arrested after being caught on tape hitting and abusing an elderly woman who suffers from dementia. Relatives of the 78-year-old woman installed a hidden camera after officials at the home rejected their suspicions that she was being abused, ABC News reports. The woman had told her daughter she was being punched and slapped by staff, asking: "Why do they keep picking on me?"
The video shows the employees "engaging in acts which I can only describe as humiliating, taunting and abusive of the victim in this case, including forcing the victim to stand topless for several minutes while the defendant and the other employees mocked her," the district attorney said
Shocking Facility Elder Abuse Caught on Tape - Hidden camera catchers workers hitting, taunting dementia patient

Nursing Homes Overmedicating Seniors With Dementia

2011-10-22T15:17:00.002-04:00

Nursing homes are treating dementia sufferers with powerful antipsychotics despite FDA advice to the contrary, according to a Health and Human Services report spotted by Pro Publica. The FDA began requiring antipsychotics to carry warning labels in 2005 stating the increased death risk they pose for dementia patients. But 88% of 1.4 million Medicare claims for the drugs in 2007 were for those diagnosed with dementia. Drug companies are pushing the drugs to nursing home doctors for such treatment even though off-label marketing like that is illegal, the department’s inspector general said in a statement.
“Despite the fact that it is potentially lethal to prescribe antipsychotics to patients with dementia, there's ample evidence that some drug companies aggressively marketed their products towards such populations, putting profits before safety,” he said. The report also slaps Medicare and Medicaid administrators for lax monitoring of nursing homes’ use of the drugs. In the first half of 2007 alone, the US paid $116 million for claims violating Medicare rules, the report finds.
Nursing Homes Overmedicating Seniors With Dementia: Health Department Report

Nursing Home Abuse Increasing

2011-10-22T15:13:00.002-04:00

Families turn to nursing homes to give the elderly the care and attention they need, but a congressional report out Monday says 1,600 U.S. nursing homes — nearly one-third — have been cited for abuse, reports CBS News Correspondent Bill Whitaker.Some 5,283 nursing homes were cited for abuse violations, according to a review of state inspection records requested by Rep. Henry Waxman, D-Calif. These homes were cited for nearly 9,000 abuse violations from January 1999 to January 2001."We found examples of residents being punched, choked or kicked by staff members or other residents," Waxman said.
Nursing Home Abuse Increasing - CBS News

Trenton nursing home employee charged with sex assault

2011-10-22T15:02:00.002-04:00

An employee of the Royal Health Gate Nursing and Rehabilitation Facility has been charged with sexually assaulting a 56-year-old patient there on multiple occasions, police said Monday.
Eric Brown, a 34-year-old city resident, was arrested Saturday. He attempted to commit suicide by hanging himself in police lockup Sunday night, but was rescued and taken to Capital Health’s Crisis Unit, police said.
Brown faces four counts of aggravated sex assault for the alleged string of rapes.
“Apparently he did this to the same victim a couple of times,” Sgt. Steve Varn said.
Royal Health Gate is a rehabilitation home located on the 1300 block of Brunswick Pike. Director of nursing Eileen Meyer said yesterday the care facility was investigating Brown’s actions.
http://www.nj.com/mercer/index.ssf/2011/10/nursing_home_employee_charged.html

Elder abuse murder lands mother & daughter in jail

2011-10-22T14:59:00.002-04:00

A mother and daughter with ties to Albany are in jail near Augusta charged with murdering a relative in an elder abuse case.
Columbia County investigators Friday arrested 48-year-old Deborah Hill and 18-year-old Brittany Hurst .
Deputies found their aunt, 85-year-old Blanche Carpenter, dead last week inside a home in Martinez.
Investigators say the mother and daughter moved to Martinez from Albany to take care of Carpenter.
An autopsy reveled she died of neglect, and detectives tell us she was living in deplorable conditions and suffered from bed sores.
They believe she may have been dead for some time.
Additional charges are pending against Hill and Hurst

Elder abuse murder lands mother & daughter in jail - Live, Local, Late Breaking news, weather, and sports

Sutton Bridge woman ‘starved in care home’

2011-10-22T14:55:00.002-04:00

An elderly dementia patient from Sutton Bridge died because staff at a care home did not give her sufficient food, a jury at Lincoln Crown Court was told on Wednesday. Edna Barnes, 82, was allegedly given little more than one-tenth of the daily food and drink needed for an adult woman to survive during here time at the Adderley Care Home at Long Sutton.
Felicity Gerry, prosecuting, told the jury that staff at the care home were too busy concentrating on their own Christmas preparations and Mrs Barnes, a grandmother and a mother of eight whose home was in Sutton Bridge, deteriorated rapidly during her stay.
She was admitted to Lynn’s Queen Elizabeth Hospital, with severe dehydration and passed away four days later on December31, 2008.
Mrs Barnes was able to consume pureed food and liquids but records from the home indicated she was given as little as 275mls of fluid intake a day when an adult woman needed between 2,500 and 3,000 mls.
Miss Gerry said: “The amount she was given was obviously inadequate. It was not very much at all.
“It is no coincidence that this neglect took place around Christmas. You may think that Christmas and holidays were prioritized over patient care.”
Mrs Barnes needed one-to-one feeding which would take up to an hour per meal but the health authorities provided extra funding to pay for additional staff time.

Sutton Bridge woman ‘starved in care home’ - Crime and Courts - Lynn News

Federal court to let cameras record some civil trials for broadcast on Internet and TV

2011-10-06T20:25:00.001-04:00

Federal court to let cameras record some civil trials for broadcast on Internet and TV

Nursing Home Staffer Formally Charged with Crimes Against Resident

2011-10-02T10:03:00.001-04:00

Nursing Home Staffer Charged with Criminal Abuse Against Nursing Home Resident

Former Stella Maris employee facing possible jail time if convicted for abuse, neglect and assault against an 82-year-old man. The Baltimore City woman was been indicted on charges of abuse, neglect and assault on an elderly resident at a Timonium care facility. Shirleen Diane Sheppard, 57, of the 900 block of Argonne Drive, is charged with second-degree criminal abuse of a vulnerable adult, two counts of second-degree neglect, and one count of second-degree assault, online court documents show.
The charges stem from an incident that took place on Oct. 17, 2010 at Stella Maris, Inc. Sheppard was an employee at the time of her arrest.
“Abuse and neglect of a vulnerable adult are misdemeanors punishable by up to five years in prison and a $5,000.00 fine for each offense,” neglect and assault on an elderly resident at a Timonium care facility, according to a release from the Office of the Attorney General. “The second-degree assault charge, also a misdemeanor, carries a sentence of up to 10 years in prison and a $2,500.00 fine.”

A similar incident took place at another Lutherville senior care facility in early August.
A caregiver at College Manor reportedly robbed and assaulted a blind resident.
Jazmine Lanae Graham, of the 3806 Bayville Road is currently awaiting indictment in the Circuit Court of Baltimore County.

Nursing Home Staffer Formally Charged with Crimes Against Resident - Lutherville-Timonium, MD Patch

Wrongful death lawsuit filed against Jefferson County nursing home

2011-10-02T09:59:00.001-04:00

BIRMINGHAM, Alabama -- A wrongful death lawsuit has been filed against Jefferson County and its former nursing home claiming staff failed to provide the treatment and care that could have prevented a patient's death in 2009.

The suit, filed Friday in Jefferson County Circuit Court, seeks unspecified actual and punitive damages stemming from the Oct. 4, 2009, death of Mary Elizabeth Yancey, 78, who had been at the center since 2005.
It names as defendants the Jefferson County Commission, dba Jefferson Rehabilitation and Health Center; Continuity Health Care Inc., the Montgomery contractor providing health care at the home; and several medical employees.

Wrongful death lawsuit filed against Jefferson County nursing home al.com

Study questions hospitalization of failing nursing home residents

2011-10-02T09:42:00.002-04:00

The study of Medicare was conducted to determine how pervasive burdensome healthcare transitions are, given that patients and their families are “especially vulnerable to the adverse consequences resulting from transitions,” the authors wrote.
The study found that among 474,829 nursing home decedents, 19% underwent a burdensome transition, with some rates much higher for individual states, such as 37.5% in Louisiana.
According to tyhe new study in the New England Journal of Medicine: The authors conclude that too many residents may be going into hospitals. “For persons with advanced cognitive impairment, nursing homes are the predominant locus of care,” the authors wrote. “Despite evidence that many infections can be treated in nursing homes without a significant effect on patient outcomes, the current financial incentives are aligned toward hospitalization. Evidence from demonstration programs suggests that rates of hospitalization can be reduced with improved survival and no diminution in the quality of care.”
Study questions hospitalization of failing nursing home residents - Healthcare business news and research Modern Healthcare

One-fifth of Medicare nursing home patients with advanced Alzheimer's or other dementias were sent to hospitals or other nursing homes for questionable reasons in their final months, the new study found.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/28/MNFM1LAQGA.DTL#ixzz1ZdFYLt14

Obama Looking at Nursing Home Quality

2011-10-02T09:33:00.001-04:00

"An estimated 40 percent of nursing facility residents are admitted to the hospital in a typical year, and one-quarter of these may be preventable, according to the Kaiser Family Foundation. A congressional review panel estimates that about 14 percent of patients discharged directly from hospitals to skilled nursing facilities are sent back to the hospital for conditions that could have been avoided.

Many hospital emergency rooms are filled with frail seniors on Friday afternoons. Why? Because nursing homes know they won’t have enough weekend staff to care for their sickest residents, so they simply send them back to the hospital. The new rules could stop those practices."
Obama Cracks Down on Nursing Home Quality - Forbes

Pensioner at nursing home died after suffering a fall

2011-10-02T09:30:00.001-04:00

A resident died following a nursing home fall, an inquest heard.

Dorothy Stephens died at the Mill View Nursing Home in Bridgeman Street, Great Lever, in May this year. A Bolton inquest into 78-year-old Miss Stephens’ death heard she had been treated at the Royal Bolton Hospital for fractures to her pelvis following the fall at the home.
She returned to the home for nursing care but died a month later.
Pensioner at nursing home died after suffering a fall (From The Bolton News)

False Records in Nursing Homes

2011-10-01T13:09:00.007-04:00

False Charts - Fraudulent Nursing Home Records - The practice of nursing homes altering patients' medical records masks serious conditions and covers up care not given. A Bee review of nearly 150 cases of alleged chart falsification in California reveals how the practice puts patients at risk and sometimes leads to death.
Don Esco sought skilled nursing care at a Placerville facility for Johnnie, his wife of nearly 61 years, when she was recuperating from a bout with pneumonia. She died 13 days later. Esco sued, alleging that the medical charts lied about Johnnie's treatment.
A supervisor at a Carmichael nursing home admitted under oath that she was ordered to alter the medical records of a 92-year-old patient, who died after developing massive, rotting bedsores at the facility.
In Santa Monica, a nursing home was fined $2,500 by the state for falsifying a resident's medical chart, which claimed that the patient was given physical therapy five days a week. The catch? At least 28 of those sessions were documented by nurse assistants who were not at work on those days.
In Los Angeles, lawyers for a woman severely re-injured at a convalescent home discovered a string of false entries – several written by nonexistent nurses.
Phantom nurses. Suspicious entries in medical charts. Phony paperwork, hurriedly produced after an injury or death.
It is the untold story of nursing home care: falsification of patient records.
While regulators have dogged facilities for years over fraudulent Medicare documentation, the issue of bogus records is more than a money matter. In California and elsewhere, nursing homes have been caught altering entries and outright lying on residents' medical charts – sometimes with disastrous human consequences, according to a Bee investigation.
Medications and treatments are documented as being given when they are not. Inaccurate entries have masked serious conditions in some patients, who ultimately died after not receiving proper care, The Bee found.
Fear of costly lawsuits has driven some nursing home administrators to re-create medical records to hide neglectful care.
"The idea that they chart things before they happen or make things up way after the fact if something hits the fan – those are things that we're familiar with," said Mark Zahner, chief of prosecutions for the attorney general's Bureau of Medi-Cal Fraud and Elder Abuse.
"And we see (this) with regularity."
The most common patterns include:
• Covering up bad outcomes. A patient dies or is injured, and the nursing home staff or administrators rewrite the records to minimize blame or liability.
• Fill-in-the-blank charting. Overworked or lazy staff members take massive shortcuts, filling out charts en masse, not knowing whether treatments took place or if the information is accurate.
• Missing medicines. Medications are checked off as being given, but investigators later find unopened boxes or discrepancies with pharmacy records.
Less common, but appearing in civil suits, are accusations that staff falsify consent forms to sedate patients, or backdate forged documents agreeing to settle disputes through arbitration.
Representatives of the nursing home industry dispute the contention that falsification of medical records is widespread, or even a matter of concern.
In long-term care facilities, a chart can become voluminous as staff members are required to chronicle everything from breakfast consumption to bowel movements to bumps and bruises and falls.
"The reality is, mistakes are going to happen when you have that much documentation you have to do," said a Sacramento attorney who has represented a nursing home chain in numerous lawsuits.
"The bottom line is – and should be – was appropriate care given?" said he, who believes that records falsification is an "exaggerated issue" cooked up by lawyers who sue nursing homes.
Elder abuse attorneys contend that accuracy of the medical record strikes at the heart of patient care. For some of California's most vulnerable populations, they say, falsifying medical records has proved deadly.
"Instead of providing the care, they're creating records – creating an illusion that care was there," said Michael Connors, a long-term care advocate for San Francisco-based CANHR.
Connors and other elder abuse experts agree that fraudulent charting often can be traced to understaffing. Public documents reveal tales of chaotic shifts on which certified nurse assistants are scrambling to provide care.
The resulting medical records sometimes border on the absurd.
The Bee found several falsification cases in which nursing staff continued filling in the "activities of daily living" on charts of patients who were already dead.

http://www.sacbee.com/2011/09/18/3918688/falsified-patient-records-are.html
http://phoenix.injuryboard.com/nursing-home-and-elder-abuse/nursing-homes-may-be-falsifying-patient-records.aspx?googleid=294506

Maggots found on Kan. nursing home resident's feet

2011-09-28T14:33:00.001-04:00

WICHITA, Kan. - A Wichita nursing home is under investigation after doctors reported finding open sores and maggots on a resident's feet when he was brought to a hospital for treatment of chest pains.

Police Lt. Doug Nolte told The Wichita Eagle (http://bit.ly/okhTxA) that the 67-year-old man told police he was being mistreated at Deseret HealthCare and Rehabilitation center. Doctors at Via Christi Hospital contacted police after the man was brought to the hospital Tuesday night.
The nursing home's administrator, Melisa Lang, said federal privacy laws prevent the company from discussing specific patients.

Maggots found on Kan. nursing home resident's feet - Houston Chronicle

Massachusetts Woman moves into house after escaping nursing home ‘prison’

2011-09-28T14:29:00.001-04:00

Taunton, Massachusetts — Cathy Hutchinson suffered a brainstem stroke, leaving her mute, quadriplegic and in a nursing home. She had no control over any of this.
Now, after she acted as the lead plaintiff in a class action lawsuit against the state, Hutchinson has changed the system for herself and others with brain injuries.
Hutchinson, along with 86 others, has been approved to move from a Massachusetts nursing home and into the community as a result of the settlement, which was filed in May 2007 and approved a year later.
On Friday afternoon, Hutchinson, an Attleboro native, left the confines of a nursing home and went into an integrated community setting on South Precinct Street in Taunton.
“Thank you,” Hutchinson said, communicating using her eyes, with an assistant holding up a board featuring the alphabet. “This is wonderful.”
A smiling Hutchinson was swarmed by a cadre of photographers and reporters, who documented her arrival at house. Hutchinson had spent more than a decade in a nursing home, a setting she described as a “prison.”
Hutchinson suffered a stroke while gardening about 15 years ago, and collapsed in her Attleboro home. She was paralyzed from the neck down, and was taken to a nursing home, with Medicaid helping to cover costs.
"I feel isolated from the real world,” Hutchinson has said, about living in a nursing home. “I have little to no privacy. I don't want to live this way, and I can't think of anyone else who would.”
Hutchinson v. Patrick argued that the state was violating the Americans with Disabilities Act by failing to provide adequate community services, in the form of community integrated assisted living. The settlement agreement involves the creation of two Medicaid home and community-based waivers, along with the transition of 300 class members — selected through a lottery — from nursing homes to integrated community living over the next eight years.
While taking strides for those with brain injuries through the lawsuit, Hutchinson, 58, has also been on the cutting edge of technology designed for the disabled.
In November 2008, Hutchinson was featured on news program 60 Minutes, demonstrating the use of a system called BrainGate. Hutchinson was one of the first people to be outfitted with a plug in her head, actually connecting her brain with a computer, allowing her to command a mouse with her mind.
Hutchinson has since stopped experimenting with BrainGate, but continues to communicate nevertheless. Either through an alphabetical pad — training her eyes on a letter, shaking her head in the affirmative when an aid points to the right one — or by using a computer device, Hutchinson spells out everything on her mind.
To get around, Hutchinson uses eye glasses that are rigged electronically to her wheelchair, giving her power to navigate. The glasses also work with her computer, alowing her to direct a mousing with the position of her head.
Read more: http://www.tauntongazette.com/archive/x742627981/HOME-FREE-Woman-moves-into-Silver-City-house-after-escaping-nursing-home-prison#ixzz1ZH0Oy0YW

Nursing Home Worker Charged with Crimes Against Elder Resident

2011-09-28T14:25:00.003-04:00

A Baltimore City woman has been indicted on charges of abuse, neglect and assault on an elderly resident at a Timonium care facility.

Shirleen Diane Sheppard, 57, of the 900 block of Argonne Drive, is charged with second-degree abuse of a vulnerable adult, two counts of second-degree neglect, and one count of second-degree assault, online court documents show.
The charges stem from an incident that took place on Oct. 17, 2010 at Stella Maris, Inc. Sheppard was an employee at the time of her arrest.
Sheppard's arraignment is scheduled for Oct. 18 in Baltimore County Circuit Court.

see http://timonium.patch.com/articles/nursing-home-staffer-formally-charged-with-crimes-against-resident

UMass hospital has second death involving alarm fatigue

2011-09-21T08:38:00.002-04:00

The second patient death in four years involving “alarm fatigue’’ at UMass Memorial Medical Center has pushed the hospital to intensify efforts to prevent nurses from tuning out monitor warning alarms.
Nurses exposed to a cacophony of beeps may no longer hear them or begin to ignore them, and that’s what appears to have happened in the latest case: A 60-year-old man died in an intensive care unit after alarms signaling a fast heart rate and potential breathing problems went unanswered for nearly an hour, according to state investigators who reviewed records at the hospital.

UMass hospital has second death involving alarm fatigue - The Boston Globe

Mass. ranks in bottom half of country for elder care, report finds

2011-09-21T08:30:00.002-04:00

Massachusetts ranks 30th of all states when it comes to overall affordability, quality, and availability of services for residents who need long-term care in a nursing facility or in their own home, according to a new national study.
The analysis ranked Massachusetts as one of the most expensive states in the country for the one in seven seniors who are paying for nursing home care out of their own pockets. Only Maine, Connecticut, Rhode Island, New York, and Alaska were rated more expensive, according to the report from the AARP Public Policy Institute and two other foundations. The study also found that programs and services for families who care for loved ones at home are significantly lacking. The report found that Massachusetts spends about 39 percent of its long-term care money on services that would allow elders and disabled residents to be cared for in their homes, while the highest-ranked states allocate about 60 percent of their funds on home- and community-based care.Dr. JudyAnn Bigby, the state’s secretary of Health and Human Services, said that the network of state and community agencies and organizations designed to help elders avoid nursing homes is fragmented and needs better coordination. He said that nursing home administrators are worried about patients falling and being fined by state monitors for injuries from falls, prompting nursing homes to restrain patients too often.

Mass. ranks in bottom half of country for elder care, report finds - The Boston Globe

Former nursing home worker pleads no contest in abuse case

2011-09-19T15:54:00.001-04:00

A former nursing assistant accused of abusing a 93-year-old woman at a nursing home last year entered into a two-year deferred prosecution agreement Friday in Buffalo County Court.

Shawna Hardesty, 38, of Buffalo City was charged with intentionally abusing an elder patient -causing bodily harm. That was amended Friday to abuse of a vulnerable adult. Hardesty was accused of repeatedly punching the elderly resident of a Fountain City health care center, leaving a baseball-size bruise on her forehead.
The elderly woman who claimed she was abused by Hardesty has died.
Hardesty entered an Alford plea, in which she pleaded no contest to the charge but maintained innocence.
The agreement calls for Hardesty to complete anger management treatment and counseling, perform 40 hours of community service during the first year of the agreement, and not do volunteer or paid work as a caregiver, except for immediate relatives. She is allowed to provide child care services.

Hardesty was also ordered not to have any contact with St. Michael's Lutheran Home.

According to the criminal complaint:
The elderly woman said Hardesty hit her on numerous occasions, including punching her three times in the forehead Aug. 2, 2010, leaving a large bruise and giving her a headache.
"Every time she (Hardesty) comes in this room, I get a biff," the woman said, displaying a closed fist. Hardesty was the only person who attended to the woman that morning.

Hardesty's employment was terminated by the end of that week, according to nursing home officials. She worked at the center about a year.
Former nursing home worker pleads no contest in abuse case - Leader-Telegram: Front Page

Woman's death raises questions about nursing home medical records

2011-09-19T15:47:00.002-04:00

Falsified patient records are untold story of California nursing home care
Don Esco sought skilled nursing care at a Placerville facility for Johnnie, his wife of nearly 61 years, when she was recuperating from a bout with pneumonia. She died 13 days later. Esco sued, alleging that the medical charts lied about Johnnie's treatment.
After nearly 61 years of marriage, she died after a 13-day stay at the El Dorado Care Center in Placerville. Recuperating from a bout with pneumonia, Johnnie Esco, 77, was expected to return home with her husband after some rest and skilled-nursing care.
The nursing home and its former owner, Horizon West Healthcare Inc. would soon be at the center of another legal storm.
Johnnie Esco's death on March 7, 2008, led to a contentious civil lawsuit, investigations by California's Department of Justice and Department of Public Health – and the exhumation of her body from Arlington National Cemetery.
Last week, amid inquiries from The Bee, the state Department of Justice reopened its criminal investigation into Johnnie Esco's treatment at the facility.
The case also raised questions about an aspect of nursing home care that many patients and families take for granted: the integrity of medical records.
"They were just penciling in what they wanted to," said Esco, who obtained his wife's medical records after her death.
He summed up his findings during the lawsuit in one word: "Fabrications."

Esco's suspicions about his wife's care at El Dorado Care Center mushroomed into a broad lawsuit filed in 2009 against the facility and its owner, alleging elder abuse, wrongful death and fraud. An integral aspect of the suit, filed by Esco and his three grown children, accused the facility of falsifying, altering and improperly handling the woman's medical charts as far back as her day of admission.

"It's one of the worst types of elder abuse cases because it's not so obvious on its face," she said. "You really had to dig down."
For Clement, digging down meant digging through records, which she says revealed "a high degree of deception" at the Placerville facility. Clement and other attorneys who sue nursing homes say that falsifying patient records is remarkably common, yet rarely punished by licensing authorities or state and local prosecutors.
Industry representatives say these allegations of fraud are unwarranted and unfair, given the reams of paperwork facilities churn out to meet Medicare and other regulatory demands.
Read more: http://www.sacbee.com/2011/09/19/3920577/womans-death-raises-questions.html#ixzz1YQhGjqTK
Woman's death raises questions about nursing home medical records - Sacramento News - Local and Breaking Sacramento News Sacramento Bee

Nevada closes Las Vegas nursing home after reports of abuse, theft

2011-09-09T15:17:00.002-04:00

The state has closed a Las Vegas assisted-living center after charges of elder physical abuse and their money stolen from them.

Residents of the Las Vegas Home Sweet Home, 2615 Lindell Road, were removed and placed in other facilities last week after the state Bureau of Health Care and Compliance suspended the license of the nursing home.
A representative of Las Vegas Home Sweet Home couldn't be reached for comment.
The investigation uncovered cases in which Social Security checks and other funds allegedly were found being deposited into the personal accounts of caregivers. The probe found caregivers took more money than necessary for grocery store purchases and didn't return it to the residents, state officials said.
The state reported there was abuse of an elderly woman who had a shouting match with a manager. Officials said she was dragged down the hallway by her ankles while kicking and screaming.
The woman was removed from the home and Metro Police investigated the alleged physical abuse, the state said.

State closes Las Vegas nursing home after reports of abuse, theft - Friday, Aug. 26, 2011 8:32 a.m. - Las Vegas Sun

CNA charged with theft from 99 year old in nursing home

2011-09-09T15:13:00.001-04:00

A CNA was charged with crime after stealing jewelry from two residents at the Ormond Beach nursing home where she worked, police said. Jennifer Lynn Berry, 26, Daytona Beach, was arrested Aug. 18 after police say she confessed to pawning a gold bracelet, wedding band and ring she stole from patients at the Signature HealthCARE of Ormond Beach, 103 N. Clyde Morris Blvd. The items were worth $850, police said.
According to an arrest report, Berry, after being confronted on the thefts, said she found the bracelet on the floor and kept it, but took the rings from the finger of a 99-year-old patient.

Nurse assistant charged in jewelry theft at Ormond nursing home - News

Advocate wants emergency action on nursing care homes

2011-09-09T14:56:00.001-04:00

After the death of a personal care home resident who was brain-injured and a state ward, a leading advocate is calling on Gov. Steve Beshear to take emergency action to address the lack of staffing requirements for long-term care facilities.
Bernie Vonderheide, founder of Kentuckians for Nursing Home Reform, said he is asking Beshear to call an emergency session of the General Assembly or to issue an emergency executive order to establish minimum staff-to-resident ratios for all long-term care homes, including personal care homes and nursing homes.

Read more: http://www.kentucky.com/2011/09/09/1874117/advocate-wants-legislature-to.html#ixzz1XU1AqA7L Advocate wants Beshear to take emergency action on care homes Voiceless & Vulnerable: Nursing Home Abuse Kentucky.com

Malpractice awards upheld in NY Stillbirth Malpractice

2011-08-25T08:46:00.001-04:00

In the Bronx, a mother delivered a stillborn child at Lincoln Medical and Mental Health Center; the staff had overlooked “the ominous pattern” of fetal distress and delayed an emergency Caesarean for too long, a state investigator found. The hospital’s lawyers have offered $500,000 to settle her malpractice suit.
These two cases are among the first to move through the legal system after New York’s highest court changed state law in 2004 and allowed mothers to sue for their emotional suffering when they claim that medical carelessness caused a stillbirth. With their different price tags on elemental maternal loss, the cases offer a rare view of the legal system’s first computations to set a new value on this singular type of suffering.
They also shed light on the often macabre computations that lawyers make in trying to fix a dollar figure. As these cases represent uncharted territory in the state, the grim comparisons have gone especially far afield. Lawyers sought, among other analogies, to compare the trauma of a stillbirth to that of being attacked by a dog or to a passenger’s spending nine minutes of anguish knowing a plane is going down.
Jeff S. Korek, the lawyer for the woman suing Lincoln, is arguing that the Brooklyn case — which took 14 years to reach this point — set a $1 million standard that should be accepted in the Bronx.

http://www.nytimes.com/2011/08/24/nyregion/in-stillbirth-malpractice-cases-courts-try-to-put-price-on-mothers-anguish.html?_r=1

Malpractice Insurance Suits Rampant But Few Plaintiffs Get Pay Outs

2011-08-20T12:59:00.001-04:00

According to this study, only 1.6% of Doctors who had a claim that resulted in an lawsuit payment.This fact and the fact that only 1% of all cases of medical negligence are even filed! makes the Tort Reformers arguments seem completely without merit and designed to alarm rather than truthfully inform, the public.

Malpractice Insurance Suits Rampant But Few Plaintiffs Get Pay Outs

Hospital Errors Affect About 1 In Every 3 Patients In The USA

2011-08-20T12:58:00.001-04:00

Hospital Errors Affect About 1 In Every 3 Patients In The USA

Jurors deliberated nursing home case

2011-08-17T17:20:00.002-04:00

Jurors heard recent closing arguments in Polk County Georgia for both sides of a wrongful death lawsuit filed against a Rockmart nursing home.

A defense attorney for Rockmart Nursing and Rehabilitation Center and it’s parent company, Subacute Services Inc., told jurors and a nearly full courtroom that those caring for 82-year-old Ruby Mae Tyler were “neighbors, people you know” and that this suit filed by Tyler’s daughter, Elizabeth Costlow, was to “strike back at mortality.”
Tyler died April 2008 after being a resident in the nursing home for around three months.
The defense attorney, peppering his closing argument with Biblical phrases and Southern colloquialisms, said Tyler was sick with many illnesses, so sick that she could have been successfully sustained anywhere.
The fact was she was going to die, the attorney said.
“She was going home. She knew it,” he said.
The plaintiffs attorney said Tyler may have been in the last stages of life, but didn’t want or need any help dying.
His argument were the pressure ulcers, which he claimed were rooted in neglect at the nursing home, directly contributed to Tyler’s death.
“It was too much for this poor lady to happen and she passed,” he said.
The attorney said the argument wasn’t that Tyler would die so much that she wasn’t allowed to “die with dignity.The closing argument for the plaintiff didn’t focus as much on a verdict as it did on how much to award the plaintiff.
Plaintiff’s counsel used the amount the defense paid its expert witness, $750 an hour, as the standard.
Under their formula, plaintiff’s counsel asked for approximately $2.65 million in negligence damages and between $3.24 to $9.7 million in punitive damages.
Read more: The Fish Wrap - Jurors to deliberate nursing home case
Jurors to deliberate nursing home case

Nursing Home Neglect alleged in Investigation - Denver Colorado

2011-08-17T10:34:00.001-04:00

Commerce City, Colo. -- Following a series of CALL7 Investigative reports, the state health department has fined a troubled nursing home in Commerce City more than $100,000 and forced sweeping changes to the facility's management.
"We saw a pattern of repeated complaints," said Nancy McDonald, division director for Health Facilities at the Colorado Department of Public Health and Environment. "We realized that with the current management they were unable to, or were not adequately prepared to, make the changes necessary to keep everybody safe." In the last year, CALL7 has uncovered repeated complaints of neglect, injuries and death of patients at the Woodridge Park Nursing and Rehabilitation Center

Inadequate Food?
For months, a frequent complaint by families and nursing staff was that residents were refused additional food because of budget constraints.
"They were telling me they couldn't have seconds because we don't have enough food or they didn't prepare enough food," said Cook Supervisor at Woodridge Park, William Santoro. "I kept hearing that we don't have enough food or we didn't cook enough food."
Santoro explained that he remembered making one pan of spaghetti for 90 people -- each was given an ounce and a half. Santoro told Ferrugia he complained and nothing was done, so he quit.

Nursing Home Shake-Up Follows CALL7 Investigation - Denver News Story - KMGH Denver

Care home's neglect was fatal, lawyers argue

2011-08-12T08:44:00.001-04:00

CHARLESTON, W.Va. -- Workers in an understaffed Charleston nursing home failed to properly care for an 87-year-old woman who had stayed there for about three weeks before dying of dehydration, lawyers for the woman's son said during the first day of a civil trial Tuesday in Kanawha County Circuit Court.
Too few nurses were on staff in Heartland of Charleston to make sure Dorothy Douglas, who suffered from dementia and Alzheimer's, was eating food and drinking water, lawyers for her son Tom told a jury.
In September 2009, Tom Douglas checked his mother into the Heartland home temporarily until a bed opened up at Heritage Center, a Huntington nursing home that is better suited for caring for Alzheimer's patients, Douglas' lawyer told jurors Tuesday afternoon.
Dorothy Douglas died in Cabell Huntington Hospital on Sept. 24, a day after her transfer to the new home.
When she arrived at Heritage Center after three weeks at Heartland, she was covered in bruises, sores and scars in various stages of healing, Quezan said. Crud caked the elderly woman's mouth and she did not respond to her name, sounds or pain.
"You will find that the reason," Quezan said, "is that she was literally dying of thirst."
Care home's neglect was fatal, lawyers argue - News - The Charleston Gazette - West Virginia News and Sports -

Massachusetts Guide to Stopping Nursing Home Abuse and Neglect Available

2011-08-11T22:56:00.000-04:00

Hamill Law Office of Quincy, MA. announces that they have produced a Free Advocacy Guide for Massachusetts victims of Nursing Home abuse who are still in Nursing Home Care.

Called The "CONSUMER GUIDE TO STOPPING NURSING HOME ABUSE and NEGLECT",
this free Guide will show you how to immediately halt elder abuse:

 Learn the best ways to approach the problem of abuse or
neglect that is occurring while your loved one is still in the Nursing Home
 Learn the best “in-house” methods for stopping neglect
 Learn powerful and immediate tools to stop abuse.
 The Five best ways to report neglect.
 The “Magic Number” to call in an emergency
 Nine ways to deal with poor treatment.

Hamill Law Group
Advocates for Elder Nursing Home Victims
36 Miller Stile Rd.
Quincy, MA. 02169
(617) 479-4300
http://www.hamill-law.com/

Care home providers at the centre of abuse scandal close a second property

2011-08-11T14:43:00.001-04:00

A second care home owned by the company at the centre of allegations of abuse of vulnerable patients is to close, it was announced on Wednesday.

Castlebeck, which owned the Winterbourne View care home in Bristol where abuse was filmed by an undercover BBC journalist for Panorama, has said it will close Rose Villa, also in Bristol.
Four members of Rose Villa's staff were suspended last month following an inspection by regulator the Care Quality Commission (CQC) while allegations of misconduct were investigated. But Castlebeck today said it was closing the rehabilitation centre for adults with learning disabilities, which has five patients and 30 staff, for "operational reasons".
Winterbourne View, which saw 13 staff members suspended over allegations of abuse, closed in June.
Castlebeck's chief executive, Lee Reed, the company was closing the site "with regret".
"The service is being closed purely for operational reasons," he said. "Whilst we recognise the concerns raised in the recent CQC inspection report, our decision has resulted from the fact that in reviewing operational practicalities, Rose Villa would be left on its own in the South West - some distance from the support that could be provided by our services in the West Midlands.
"The decision is purely voluntary and not at the instigation of CQC.

Care home providers at the centre of abuse scandal close a second property Society guardian.co.uk

Carlyle Nursing Unit to Appeal $91.5 Million Medical Negligence Verdict

2011-08-11T09:31:00.001-04:00

"The Carlyle Group nursing home subsidiary, HCR ManorCare Inc., will appeal a $91.5 million verdict awarded to a man whose mother spent 20 days in a nursing home before dying in a hospital.

Dorothy Douglas of Barboursville, West Virginia, suffered dehydration and renal failure before dying, her son Tom Douglas claimed in his 2009 lawsuit filed in state court in Charleston, West Virginia. Dorothy Douglas, 87, suffered from dementia and Parkinson’s disease.
The jury on Aug. 5 found that Manor Care Inc., the unit owned by HCR ManorCare, was medically negligent in its care, according to the jury verdict form.
Douglas’s lawyers said the Charleston nursing home was understaffed and the home’s administrators knew it.
“Although the incident in question occurred two years ago, we feel that the center and staff acted appropriately in providing the proper care for this resident,” HCR ManorCare said in an e-mailed statement. “In addition we believe this center was staffed above the state requirements at the time in question.”
Carlyle Nursing Unit to Appeal $91.5 Million Medical Negligence Verdict - Bloomberg

Heartland must pay $91.5M in fatal neglect case - West Virginia

2011-08-08T20:37:00.001-04:00

"A Kanawha County jury on Friday awarded an elderly woman's family $91.5 million in damages from a Charleston nursing home, after finding that nursing home workers indirectly caused the woman's death.

After a trial that lasted nearly two weeks in front of Circuit Judge Paul Zakaib Jr., jurors found that workers at Heartland of Charleston, located at 3819 Chesterfield Ave., failed to feed and care for Dorothy Douglas, who stayed at the home for about three weeks in 2009 before dying at age 87. Lawyers for Douglas' son say she died from dehydration complications.

After closing arguments Friday morning, jurors deliberated for about two hours before returning their verdict and awarding $80 million in punitive damages and $11.5 million in compensatory damages.
In September 2009, Tom Douglas took his mother to Heartland of Charleston while waiting for space to open in another nursing home. Dorothy Douglas suffered from Alzheimer's, dementia, Parkinson's disease and several other conditions, Douglas' lawyers, Lance Reins and Amy Quezan, told the jury during the trial.

They said that while living with her son, Dorothy Douglas' health had improved to the point where she could walk, speak and recognize family members. After checking his mother into Heartland, Tom Douglas said, he discovered that the staffers had labeled her a fall risk and confined her to a wheelchair.

By the time she was transferred to the Heritage Center nursing home in Huntington three weeks later, she was unresponsive, she had lost 15 pounds and severe dehydration had driven her to the brink of death, Douglas' lawyers said.

She died at Cabell Huntington Hospital on Sept. 24, a day after her transfer.
Reins told jurors during closing arguments Friday that Heartland did not have enough nurses on staff to care for the woman. Several former Heartland workers testified during the trial that properly caring for all of the residents was impossible.

In 2009, the nursing home reported an employee turnover rate of 112 percent, according to Reins.
"They were losing more people because they weren't even staying through orientation when they saw the conditions," he told the jury."

Heartland must pay $91.5M in fatal neglect case - News - The Charleston Gazette - West Virginia News and Sports -

Nursing Home Arbitration Agreements - Use a Power of Attorney to defeat?

2011-07-30T11:12:00.001-04:00

Nursing Homes are routinely denying wrongfully injured consumers access to the Courts by inserting mandatory arbitration agreements into their lengthy admission packets. Usually, consumers or their representatives are unaware that they have signed a document that forfeits or severly limits important civil rights.

In my website I have addressed a possible solution to defeat this practice by Nursing Homes by using a properly worded Power of Attorney document as part of their estate plan prior to going into a long term care facility.

The Nursing Home Power of Attorney would include a clause prohibiting your health care agent from unwittingly signing away your right to suit for injuries before you've even gone into the nursing facility. It would preserve your right to a jury trial of your peers rather than having to use an arbitrator who is dependant on large nursing Home chains for a continued stream of lucrative nursing home business.

Massachusetts Nursing home residents risk losing bed with Medicaid cut

2011-07-30T06:53:00.001-04:00

Massachusetts nursing home residents who are briefly hospitalized or leave to visit their family risk losing their bed under a state funding cut finalized yesterday that illustrates the tough choices confronting state government in an era of tight budgets.

“I certainly appreciate the concerns raised by residents, advocates, caregivers, and members of the Legislature, but given our budget constraints, we had to move forward with this decision,’’ Dr. Julian Harris said in an interview.
The new rule goes into effect Nov. 1, Harris said
Federal law requires nursing homes to readmit a resident after a temporary leave to the first available bed in a shared room, but it does not guarantee the same room or bed as before.
Because so many nursing home residents have dementia, the prospect of facing a new bed and room each time they return can be especially confusing, advocates said.

“Imagine the stress this will put on families, heading into the winter holiday season, and they’re thinking, ‘I will have to tell my loved one that I won’t be able to bring them home for Thanksgiving because they’ll risk losing their bed,’ ’’ said Debbie Banda, director of the Massachusetts office of AARP, a major interest group representing older Americans.

Massachusetts Advocates for Nursing Home Reform, a statewide consumer group, collected petitions bearing nearly 1,600 signatures in hopes of persuading lawmakers and the Patrick administration to save the program and seek cuts elsewhere in the state’s $10.3 billion Medicaid budget.

“There will be devastating consequences to residents if they lose their beds in the place they call home,’’ said Arlene Germain, the group’s president.

Nursing home residents risk losing bed with state Medicaid cut - The Boston Globe

ManorCare's neglect was fatal, West Va.lawyer argues in Court

2011-07-27T09:49:00.001-04:00

"CHARLESTON, W.Va. -- Workers in an understaffed nursing home failed to properly care for an 87-year-old woman who had stayed there for about three weeks before dying of dehydration, lawyers for the woman's son said during the first day of a civil trial Tuesday in Kanawha County Circuit Court.
Too few nurses were on staff in Heartland of Charleston to make sure Dorothy Douglas, who suffered from dementia and Alzheimer's, was eating food and drinking water, lawyers for her son Tom told a jury. ..... after three weeks at Heartland, she was covered in bruises, sores and scars in various stages of healing, Quezan said. "You will find that the reason," Quezan said, "is that she was literally dying of thirst."
Before she was admitted to Heartland, the elderly woman could walk, talk and recognize family members, Quezan said. Quezan claimed that Heartland intentionally keeps the home understaffed to increase the revenue generated by its residents. Heartland is owned by ManorCare Inc.,"
see full article:

Care home's neglect was fatal, lawyers argue - News - The Charleston Gazette - West Virginia News and Sports -

Why are Hospital Errors so Rampant in the U.S.?

2011-07-27T08:51:00.001-04:00

Excellent ARticle in the Washuington Monthly about the cause of so many medical errors in the U.S. The Article ponders this issue:

"Last year there wasn’t a single fatal airline accident in the developed world.

So why is the U.S. health care system still accidently killing hundreds of thousands?"

Their answer is a lack of transparency.

First Do No Harm - Marshall Allen

Winnipeg nursing home resident dies from neglect

2011-07-26T15:12:00.002-04:00

WINNIPEG - Manitoba's Health Department says that negligent nursing home staff so thoroughly failed to treat an elderly woman who later died in hospital that their actions amounted to "physical abuse by neglect."

Officials are reviewing care at the Saul and Claribel Simkin Centre, where Lillian Peck, 93, suffered as her skin became infected by her own feces and later ruptured.
"Documentation on basic nursing care, assessment and treatment, and examination of the wound itself was absent," Bernadette Preun, assistant deputy minister of health, wrote in a letter dated July 20 that was made public Monday. "The evidence further showed staff were uncertain and lacked confidence in their knowledge of the wound and how to treat it." Negligent wound care may have caused the nursing home wrongful death.

Peck was at the home last October and was generally alert and in good spirits, according to her daughter Marsha Palansky. Palansky said she visited frequently and ensured her mother had a companion that would walk her around several hours each week.

Neither realized Peck was suffering an infection in her pelvic area until her health deteriorated and she was transferred to a hospital. That's when Palansky was shown how the infection had affected her mother.

"The skin was black. At one point, one of the doctors thought she might have flesh-eating disease, that's how dark it was," Marsha Palansky said Monday. "I literally broke down. I could not believe anybody could be in that condition.
Peck had not been washed after bowel movements, Palansky said. She died from heart and renal failure two days after being moved to the hospital. The Winnipeg Regional Health Authority has apologized to Peck's family and said it is reviewing standards at all nursing homes in its jurisdiction.
Seven nurses have been disciplined, including one who no longer works at the home, and the facility has implemented an improvement plan. "It should not have happened," said Real Cloutier, the authority's chief operating officer. "A big part of this was ... just not following the protocols in place."
Manitoba Health is also conducting a thorough review of the 200-bed nursing home, which bills itself on its website as "one of the most respected personal care homes in Winnipeg."
Palansky said she hopes no one else will go through what she has. "I'm hoping that this home becomes a quality long-term care home," she said. "But I don't think a lot of education (of staff) has happened."

Winnipeg nursing home resident dies after being neglected: government review - Winnipeg Free Press

Black Nursing Home Residents have more Pressure Sores - JAMA

2011-07-22T08:50:00.007-04:00

Nursing Home Neglect:
In a study published this month in the prestigeous Journal of American Medicine:
"... Nursing Home pressure ulcer rates in 2.1 million white and 346 808 black residents of 12 473 certified nursing homes in the United States that used the nursing home resident assessment; Nursing homes were categorized according to their proportions of black residents.

The study essentially measured the odds of pressure ulcers in stages 2 through 4 for black and white residents receiving care in different nursing home facilities.

Results ....... black residents of nursing homes showed persistently higher pressure ulcer rates than white residents.

In 2003, the pressure ulcer rate was 16.8% for black nursing home residents compared with 11.4% for white residents; in 2008, the rate was 14.6% compared with 9.6% , respectively. In nursing homes with the highest percentages of black residents (≥35%), both black residents unadjusted rate of 15.5% in 2008; and white residents unadjusted rate of 12.1% had higher rates of pressure ulcers than nursing homes serving primarily white residents, in which white residents had an unadjusted rate of 8.8%.

Conclusions From 2003 through 2008, the prevalence of pressure ulcers among high-risk nursing home residents was higher among black residents than among white residents. This disparity was in part related to the site of nursing home care."

Association of Race and Sites of Care With Pressure Ulcers in High-Risk Nursing Home Residents, July 13, 2011, Li et al. 306 (2): 179 — JAMA

nursing home death ruled homicide

2011-07-18T07:20:00.003-04:00

GLENVIEW, Ill.— The Nursing Home wrongful death of an 86-year-old nursing home resident from injuries sustained in an attack by another resident is being investigated as a homicide, suburban Chicago nursing home officials said.

Mercedes Iverson, a resident at Maryhaven Nursing and Rehabilitation Center in Glenview, died last week. The Cook County medical examiner ruled her death a homicide, saying she died from heart disease and brain injuries related to the assault.

"Within the past couple of weeks, an unfortunate incident occurred in a private room" in a part of the nursing home that handles patients with dementia, Brian Crawford, a spokesman for Resurrection Health Care, which runs Maryhaven, told the Chicago Sun-Times for a story posted online Sunday.

Crawford didn't offer further details on the alleged assault.

Glenview police, who are investigating the incident, have declined to comment until Monday.

Iverson was moved to hospice care at St. Francis Hospital in Evanston last week, the newspaper reported. She was pronounced dead Thursday.

Crawford said the incident was reported to the Illinois Department of Public Health as soon as nursing home officials were aware. He said state health officials launched investigations.

Police probe nursing home death ruled homicide - chicagotribune.com

State Operations Manual T/C

2011-07-17T14:38:00.004-04:00

The State Operations Manual contains sections outlining the Federal Code of Regulations governing Nursing Home Care. The so called "F-Tags" are derived from these sections. The Table of Contents is listed below. All sections are contained in 42 CFR §483

§483.5: Definitions

§483.10 Resident Rights

§483.10(a) Exercise of Rights

§483.10(b) Notice of Rights and Services §483.10(c) Protection of Resident Funds §483.10(d) Free Choice

§483.10(e) Privacy and Confidentiality §483.10(f) Grievances

§483.10(g) Examination of Survey Results §483.10(h) Work

§483.10(i) Mail

§483.10(j) Access and Visitation Rights §483.10(k) Telephone

§483.10(l) Personal Property

§483.10(m) Married Couples

§483.10(n) Self-Administration of Drugs §483.10(o) Refusal of Certain Transfers §483.12 Admission, Transfer, and Discharge Rights

§483.12(a) Transfer, and Discharge

§483.12(b) Notice of Bed-Hold Policy and Readmission

§483.12(c) Equal Access to Quality Care §483.12(d) Admissions Policy

§483.13 Resident Behavior and Facility Practices

§483.13(a) Restraints

§483.13(b) Abuse

§483.13(c) Staff Treatment of Residents (F224* and F226**)

§483.15 Quality of Life

§483.15(a) Dignity

§483.15(b) Self-Determination and Participation

§483.15(c) Participation in Resident and Family Groups

§483.15(d) Participation in Other Activities

§483.15(e) Accommodation of Needs

§483.15(f) Activities

§483.15(g) Social Services §483.15(h) Environment

§483.20 Resident Assessment §483.20(a) Admission Orders §483.20(b) Comprehensive Assessments

§483.20(c) Quality Review Assessment

§483.20(d) Use

§483.20(e) Coordination

§483.20(f) Automated Data Processing Requirement

§483.20(g) Accuracy of Assessment §483.20(h) Coordination

§483.20(i) Certification

§483.20(j) Penalty for Falsification §483.20(k) Comprehensive Care Plans

§483.20(l) Discharge Summary

§483.20(m) Preadmission Screening for Mentally Ill Individuals and Individuals With

Mental Retardation.

§483.25 Quality of Care

§483.25(a) Activities of Daily Living §483.25(b) Vision and hearing

§483.25(c) Pressure Sores
§483.25(d) Urinary Incontinence §483.25(e) Range of motion.

§483.25(f) Mental and Psychosocial Functioning §483.25(g) Naso-Gastric Tubes

§483.25(h) Accidents

§483.25(i) Nutrition

§483.25(j) Hydration

§483.25(k) Special Needs

§483.25(l) Unnecessary Drugs

§483.25(m) Medication Errors

§483.25(n) Influenza and Pneumococcal Immunizations §483.30 Nursing Services

§483.30(a) Sufficient Staff §483.30(b) Registered Nurse §483.30(c) Nursing facilities

§483.30(d) SNFs

§483.30(e) Nurse Staffing Information §483.35 Dietary Services

§483.35(a) Staffing

§483.35 (b) Standard Sufficient Staff

§483.35(c) Standard Menus and Nutritional Adequacy §483.35(d) Food

§483.35(e) Therapeutic Diets §483.35(f) Frequency of Meals §483.35(g) Assistive Devices

§483.35(h) Paid Feeding Assistants §483.35(i) Sanitary Conditions §483.40 Physician Services

§483.40(a) Physician Supervision

§483.40(b) Physician Visits

§483.40(c) Frequency of Physician Visits

§483.40(d) Availability of Physicians for Emergency Care §483.40(e) Physician Delegation of Tasks in SNFs

§483.40(f) Performance of Physician Tasks in NFs

§483.45 Specialized Rehabilitative Services

§483.45(a) Provision of Services §483.45(b) Qualifications

§483.55 Dental Services

§483.55(a) Skilled Nursing Facilities §483.55(b) Nursing Facilities §483.60 Pharmacy Services §483.60(a) Procedures

§483.60(b) Service Consultation §483.60(c) Drug Regimen Review

§483.60(d) Labeling of Drugs and Biologicals

§483.60(e) Storage of Drugs and Biologicals

§483.65 Infection Control

§483.65(a) Infection Control Program §483.65(b) Preventing Spread of Infection

§483.65(c) Linens

§483.70 Physical Environment §483.70(a) Life Safety From Fire §483.70(b) Emergency Power §483.70(c) Space and equipment §483.70(d) Resident Rooms §483.70(e) Toilet Facilities

§483.70(f) Resident Call System §483.70(g) Dining and Resident Activities

§483.70(h) Other Environmental Conditions

§483.75 Administration

§483.75(a) Licensure

§483.75(b) Compliance With Federal, State, and Local Laws and Professional Standards §483.75(c) Relationship to Other HHS Regulations

§483.75(d) Governing Body

§483.75(e) Required Training of Nursing Aides

§483.75(f) Proficiency of Nurse Aides §483.75(g) Staff Qualifications §483.75(h) Use of Outside Resources §483.75(i) Medical Director §483.75(j) Laboratory Services

§483.75(k) Radiology and Other Diagnostic Services

§483.75(l) Clinical Records

§483.75(m) Disaster and Emergency Preparedness

§483.75(n) Transfer Agreement

§483.75(o) Quality Assessment and Assurance

§483.75(p) Disclosure of Ownership

Standards of Care

2011-07-15T14:11:00.004-04:00

Nursing Home Standards of Care :
Are there federal and state standards of care?

The Federal Nursing Home Reform acts and regulations set daily care requirements for nursing facilities. Federal law only applies to Medicare and Medicaid-approved nursing facilities. Almost all nursing facilities are Medicare or Medicaid-approved.

Federal law contains four key standards of care for nursing facilities:

1. The nursing facility must provide services to help each resident attain or maintain the highest practicable physical, mental, and psycho-social well-being.

2. A resident’s ability to bathe, dress, groom, transfer, walk, toilet, eat, and communicate must not decline unless it is medically unavoidable.

3. If a resident is unable to carry out activities of daily living, he or she must receive help to maintain good nutrition, grooming, and personal and oral hygiene.

4. Each resident has the right to make choices about his or her care.
Besides these general principles, federal laws set minimum requirements for daily care. Some of these requirements are described below:

General Hygiene

Assistance should be provided for any resident that needs help with general personal hygiene including: skin, oral, and hair care. Residents should also have the opportunity to shave daily with assistance if needed. Residents should receive help to take a full bath or shower as often as needed.

Pressure Sores

Residents who lie or sit in one position for long periods of time often develop pressure sores, also known as bed sores. Pressure on the skin prevents blood vessels from carrying nutrients to the affected area. This causes skin breakdown which can lead to large sores, infections, and severe pain if not treated. Poor nutrition and certain conditions may also lead to development of pressure ulcers.

Residents confined to a bed or a chair should be checked and their position changed (turned) every two hours or more often if the resident is uncomfortable. If needed, supportive devices, special mattresses, pads, and pillows should be used to maintain normal body posture and to relieve pressure. Residents should receive daily help with walking and exercise to help maintain or improve their circulation, strength, and use of the body.

Dressing

Residents should be dressed in their own clean, comfortable clothing each day. Residents who walk should wear appropriate footwear, and non-ambulatory residents should have suitable foot coverings when out of bed.

Toileting

Residents who have control of their bowel and bladder should receive help using the toilet as often as needed. However, some residents are incontinent, meaning they have lost control of their bowel or bladder. If this is the case, those who become wet or soiled should be cleaned and changed quickly. Incontinent residents should receive care to restore as much normal bowel and bladder functioning as possible.

Eating

Residents who need help eating should receive appropriate assistance during meal time. They may need packages opened or special eating utensils provided. In some cases, residents may require help feeding themselves. Food normally eaten hot should be served hot, and food normally eaten cold should be served cold.

Fluid Intake

The nursing facility must ensure that each resident receives sufficient fluids to maintain good health and prevent dehydration. Fresh water and drinking cups must be available on each bedside table.

Vital Signs

Upon admission residents must be weighed, have blood pressure, temperature, respiration rate, and pulse taken. These should be taken at least monthly or more often if ordered by a physician.

Family should always get a copy of the care plan. Monitor the care plan and talk with staff if questions arise.

See Standards of Care for Accidents: Accident Standard of Care

Lifecare MA Loses Wrongful Death Case: $376,000 Awarded for Negligence

2011-07-10T12:37:00.000-04:00

Lifecare of Lynn, MA lost a Nursing Home wrongful death claim on July 6th, 2011 stemming from the wrongful death of one of its residents. She was awarded a total of of $376,000.
Geraldine McDonald fell off a curb outside lifecare on June 13th, 2008 fracturing both legs. She died from pneumonia 3 weeks later.

Nursing home worker pleads guilty to attempted sex abuse

2011-07-03T13:30:00.002-04:00

A nursing home employee accused of sexually abusing a female resident pleaded guilty to a lesser charge Friday morning and was sentenced to over 3 years in prison.
Eugene police arrested Robert Price just before the holidays after Valley West Health Care Center called them reporting an alleged case of sex abuse at their facility.
Price pleaded not guilty to first degree sex abuse on Dec. 30.
On Friday, Price pleaded builty to attempted sex abuse.
Judge Maurice Merten sentenced Price to 3 years and nine months in prison

Nursing home worker pleads guilty to attempted sex abuse

Elders not told of risks in hip study, US alleges

2011-07-01T07:35:00.001-04:00

Federal health regulators have accused a research team led by a Harvard doctor of ethical violations after the scientists failed to inform elderly nursing home residents of serious health risks discovered during a study of hip fractures.

Tweet Be the first to Tweet this!.ShareThis .In a letter sent last week to a Harvard-affiliated institution and two other major research universities, the Department of Health and Human Services concluded that the scientists suppressed information about the dangers to elders participating in research on how to reduce often lethal hip injuries. The regulators said the scientists should have shared their findings about the use of protective padded underwear with patients and safety boards that routinely oversee medical studies.
As a result, the federal agency is now ordering the researchers to develop a plan to contact nursing home residents in Boston, St. Louis, and Baltimore who participated in the study and may unwittingly have been placed in peril.
The conclusions of the federal report were based, in large measure, on private e-mails exchanged among the researchers, including Harvard Medical School gerontologist Dr. Douglas P. Kiel.
“The investigators themselves, in candid e-mails to one another, recognized the significance of these findings,’’ the letter states. “Yet, in the face of these developments, efforts were made to either ‘slant,’ or completely fail to report . . . information to the groups . . . that might have found this information highly relevant in their deliberations.’’

The study included more than 2,000 patients, many of whom had significant cognitive impairments.

Nursing home patients often wear padded underwear to protect their frail hips. Typically, the underwear is padded on both hips. But in the study, researchers were assessing garments that were padded on just one side.

After they started to enroll patients in 2002, data from the study increasingly indicated that the one-sided padded underwear might be causing the very problems it was designed to prevent - seniors were more often having serious falls on the padded hip side than the one unprotected, according to the regulators.

Despite the fact that investigators learned risks existed, federal regulators said, they failed to disclose it to research participants; to the National Institutes of Health, which funded the study; and to other officials overseeing the research.

The regulators found that by October 2004, if not earlier, investigators had become “sufficiently aware of the risk of increased falling to the pocketed side and the associated risk of possible hip fractures, but failed to inform subjects who were enrolling during this time of these reasonably foreseeable risks.’’
The researchers continued to enroll patients in the study until summer 2006, according to the letter sent by federal health authorities June 23.

Kiel, who is also a researcher at the Harvard-affiliated Institute for Aging Research at Hebrew SeniorLife in Boston, declined to comment yesterday when reached by phone at his office.

Elders not told of risks in hip study, US alleges - The Boston Globe

Duluth nursing home cited

2011-06-05T06:34:00.001-04:00

Bayshore Health Center in Duluth has been cited by the Minnesota Department of Health for failing to report multiple patient altercations and problems — including a patient with frostbitten feet and another who used his power wheelchair to ram other patients.
The report, posted May 27, stems from a state inspection March 21 and 22 that found two serious violations of federal nursing home rules, including “a situation in which the provider’s noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
John Stieger, a spokesman for the Minnesota Department of Health, said a May 20 reinspection by the state found Bayshore “corrected most of the deficiencies,” including the most serious.

The state has recommended a $4,050 one-time fine, and a $200 daily fine that is still accumulating, to the federal Center for Medicare and Medicaid Services, which has not yet rendered a decision, Stieger said.
In one Bayshore case in the report, a wheelchair-bound quadriplegic patient who was allowed to smoke but who couldn’t light his or her own cigarette was allowed to go outside without proper footwear and suffered frostbite on both feet. The incident was not reported.
Duluth nursing home cited by state inspectors Duluth News Tribune Duluth, Minnesota

Nursing home abuse case caught on tape at the Quadrangle in Haverford, Pa.

2011-05-11T08:17:00.002-04:00

Mary and Paul French of Havertown spoke for the first time Tuesday about a case of alleged nursing home abuse caught on videotape.
The victim was Mary's mother, 78-year-old Lois McCallister.
"We are furious," said Paul French, "at watching someone you love being beaten and being abused."
"She is not the type to fight back," said Mary French. "If you look at the tape she was just trying to get away."
Last month, three staffers from the Quadrangle in Haverford were arrested. Citing negligence and misconduct, state officials in Harrisburg revoked the facility's license on Friday. The upscale facility remains open during an appeal.
Mark Ordan, the CEO of Sunrise Senior Living, Inc., which operates the Quadrangle, said what occurred was an isolated incident.
"We had three rogue employees," he told Action News. "We were shocked. We were angry that people would do something like that. We have we have been 1000 percent cooperative with the authorities."
Cooperative? Not so, says the Frenches' attorney. He says Sunrise was required to report early abuse complaints to the Pennsylvania Department of Public Welfare (DPW).
"They were supposed to report to the government," said attorney Robert Mongeluzzi. "But they didn't."
Sunrise Senior Living has been in hot water before. On Tuesday, a spokesperson with the DPW said the company has had a long history of regulatory violation in Pennsylvania.
Last year, Sunrise promised the state it would take steps to improve its culture of care, to put residents first. It claims it does.
"We have 30 thousand people taking care of 40 thousand seniors," said Ordan. "And we put them first."
Lois McCallister is now living with Mary and Paul French. The family says Sunrise ignored their initial complaints of abuse, dismissing them as a manifestation of McCallister's Alzheimer's Disease. They hope a lawsuit they plan to file will change how Sunrise treats future complaints.
"They have to follow those rules and do something about it," said Mary French.
"Maybe the next family that comes forward, they will do something about it, rather than blame it on dementia," said Paul French.

Lawsuit planned in nursing home abuse case caught on tape at the Quadrangle in Haverford, Pa. 6abc.com

Elders suffer from poor nursing-home staffing in Kentucky

2011-05-11T08:14:00.002-04:00

"Dental neglect at nursing home; poor staffing a problem across state"
oral care in most nursing homes in Kentucky is atrocious, and this kind of abuse and neglect is still another example of how the nursing home industry refuses to hire enough caregivers to take care of their residents.
Why is this? What's going on here where the most vulnerable of our population, our poor elderly citizens, are being mistreated day in and day out?
The answer is one word: greed.
Many of these nursing homes are owned by big corporations, many run by fat cats on Wall Street or far away from the nursing facility, where the only important report to hit their desks is the profit-and-loss statement.
Advocates for nursing home reform have been telling government leaders this for years. In Kentucky, however, no one seems to listen, or lawmakers who could help are persuaded by generous donations to their re-election campaigns not to act.
It's also a shame that the sometimes total disrespect of the elderly in these facilities by the bosses and big corporate owners reflects on the many nursing home workers who go all out to try to help
Long hours and hard work are big problems for anyone brave enough to sign on to be a nursing home caregiver.
So something's got to be done. But how?
We know we need minimum staffing standards for nursing homes in Kentucky. They would help eliminate the abuse and neglect. They would, for example, ensure that there would be sufficient front-line staff to provide oral health care to all the residents of a facility.
What would these state staffing standards look like? They would force the nursing homes to hire the number of people necessary to provide for a ratio of one direct caregiver to every five residents on the day shift, one to 10 in the evening, and one to 15 at night.
Much research has gone into such ratios on whether they will work, and the conclusions are that they provide better nursing-home care.

Read more: http://www.kentucky.com/2011/05/09/1735008/citizens-suffer-consequences-of.html#ixzz1M2sCWs8DCitizens suffer consequences of poor nursing-home staffing Op-Ed Kentucky.com

Family claims wrongful death at Houston nursing home

2011-04-15T10:37:00.002-04:00

HOUSTON (KTRK) -- an elderly woman who was allegedly attacked by a nursing home employee has died, not from the alleged attack, but from an infection. Now her family is suing the nursing home, saying their loved one was abused and neglected at the Nursing Home. Eyewitness News spoke with the family and tried to get a response from the nursing home. There's been no response from the nursing home, but this family is in a lot of pain, after they say the people they trusted failed to take care of their loved one.
Rosie Bartee said, "It feels like the value of a human life is devalued."
Bartee is grief stricken over the death of her 76-year-old mother, Sandra Campion. It's a death Bartee says was caused by gross negligence on the part of the Heritage Park nursing home in Katy.
She said, "You don't treat animals that way and that's the thing."
Campion died on April 3. According to her family lawsuit filed, doctors told them she contracted a massive blood infection, from a large bedsore on her back. Photos of the wound are too graphic to show on camera.
Jason Gibson, the family's attorney, explained, "They didn't turn her like they were supposed to and as a result she developed bed sores. Eventually, a wound that was 10 inches long and four inches deep became septic, and eventually caused her to lose her life."
But prosecutors say there's more. Just one month ago, Campion survived what prosecutors say was a brutal assault. They say a worker at the facility, Myrtle Lean Tillman, tried to strangle her.
Harris County Prosecutor Lisa Collins said, "He went in and saw the victim, who is a 76-year-old female, with a sweater around her neck being held there very tightly by the defendant in this case, Myrtle Tillman."
Tillman is charged with felony injury to an elderly person
The family is suing Heritage Park for wrongful death. But they say the case is not about money, it's about justice for Campion.
"This shouldn't happen to anybody, especially the elderly, somebody that's defenseless," Bartee said.
Victim's family sues nursing home after woman's death abc13.com

Three nursing home workers arrested in Delaware County

2011-04-07T19:21:00.001-04:00

"Three employees at a well-known Delaware County nursing home are facing appalling charges. The District Attorney's Office is charging the Quadrangle nursing home workers with assaulting and neglecting an elderly patient - whose family recorded it all on a hidden camera. The 78-year-old woman told her family she was being abused and according to court documents the family found marks on her body. The family said it told nursing home officials who said the claims could not be substantiated, and pointed to the woman's dementia. Delaware County District Attorney Michael Green said the family hid the camera in the woman's room at the nursing home in Haverford. Three nursing home workers arrested in Delaware County — NewsWorks:

Nursing home worker pleads guilty

2011-04-07T07:59:00.001-04:00

EUGENE, Ore. - A nursing home employee accused of sexually abusing a female resident pleaded guilty to a lesser charge Friday morning and was sentenced to over 3 years in prison. Eugene police arrested Robert Price just before the holidays after Valley West Health Care Center called them reporting an alleged case of sex abuse at their facility. Price pleaded not guilty to first degree sex abuse on Dec. 30. On Friday, Price pleaded builty to attempted sex abuse. Judge Maurice Merten sentenced Price to 3 years and nine months in prison. Nursing home worker pleads guilty to attempted sex abuse KVAL CBS 13 - News, Weather and Sports - Eugene, OR - Eugene, Oregon Local & Regional News: