Monday, March 22, 2010

Selecting Nursing Home - Tips

Take care to read the fine print, do research

Quincy attorney Bernard J. Hamill, who represents victims of nursing home abuse, says family members placing loved ones in the homes should be mindful of their rights and do diligent research.

Read the fine print: Hamill said predispute arbitration agreements, which bar a resident from suing the nursing home, should not be a requirement for admission. He advises against signing such agreements without first talking to an attorney.

“You do not have to sign it. It’s negotiable,” Hamill said.

Stay a while: Hamill recommends eating a meal in the prospective nursing home, taking note of how many of the residents are dressed and up for meals and what activities are available, and talking to nursing assistants and staff.

Check the report card: Massachusetts nursing homes are inspected each year and a report card of the results are online at http://webapps.ehs.state.ma.us/nursehome/. The overall information available online is limited.

The federal government runs the Five-Star rating Web site www.medicare.gov/nhcompare, which allows consumers to compare nursing homes to each other and see how they rate overall and on inspections, staffing and quality of care

Article by Jessica Fargen. See article here.

Thursday, March 18, 2010

5 Million Punitive damages set in Phila. bedsores death case

In an highly unusual step for such a case, a Philadelphia jury today leveled $5 million in punitive damages against Jeanes Hospital and a Wyncote nursing home in the death of a man who developed ultimately fatal bedsores while at both facilities.

The damages - $1.5 million against Jeanes and $3.5 million against the Hillcrest Convalescent Home - came two weeks after the same Common Pleas Court jury awarded $1 million in compensatory damages in the case. The damages were awarded to the widow of Joe N. Blango, who died of bedsores in 2008, two years after being discharged from Jeanes Hospital in the city's Fox Chase section.

While compensatory damages are not unexpected in such cases, punitive damages are, according lawyer Robert L. Sachs, who handles nursing-home cases and serves as liaison to the Philadelphia court for other nursing-home litigators.

"To my knowledge, this is the first nursing-home case to go to the jury on punitive damages in Philadelphia," said Sachs, who was not involved in the Blango case.

Rebecca Harmon, a spokeswoman for Temple University Health System, which owns Jeanes, said Temple would appeal the verdict.

"There is not one shred of evidence to support any liability in this case as it relates to Jeanes Hospital, and the contemplation of punitive damages is simply inexplicable," she said in an e-mail. "We're very proud of the high-quality care provided to patients each and every day at Jeanes Hospital."

Attempts to reach a representative for Genesis HealthCare Corp., which owns Hillcrest, were unsuccessful.

Steven R. Maher, who represented Blango's widow, said that in his 25 years of handling such cases, this was only the second time a jury had awarded punitive damages.

One reason, he said, was the high standards required to permit punitive damages to be considered. A jury must find that a facility had engaged in "outrageous and reckless conduct," he said.

Blango went to Jeanes on May 21, 2006, after suffering weakness and confusion. He was 74 at the time and was thought to have suffered a stroke.

According to Maher, doctors at Jeanes failed to properly diagnose that Blango was suffering from a urinary-tract infection that, as a result, worsened and left him susceptible to the bedsores that ultimately killed him.

After about a week at Jeanes, Blango was transferred to Hillcrest, where he stayed two weeks until his condition worsened and he was returned to Jeanes. He was released to go home after three days.

Maher contended that workers at Jeanes and Hillcrest allowed the bedsores to fester and Blango to go malnourished to the point that he lost 28 pounds.

After he returned home, Blango was cared for by his wife, Shirley, before dying from the bedsores two years later.

"This verdict sends a message," Maher said, "that this type of care is unacceptable and will not be tolerated."

href="http://www.philly.com/inquirer/breaking/business_breaking/20100317_Unusual_damages_set_in_Phila__bedsores_case.html">

Monday, March 08, 2010

Nursing home residents often sign away rights to sue

Nursing home residents often sign away rights to sue

Many seniors entering nursing homes in Massachusetts are unwittingly signing away their rights to sue the facilities in the event of neglect or bad medical care, and officials in Washington are seeking to ban what they see as a “hidden” practice.

The seniors are being urged to sign contracts that put disputes in the hands of arbitrators. Advocates say vulnerable elderly patients fail to realize they are giving up their rights to bring cases of slipshod treatment before a judge and jury.

“It gives the nursing home carte blanche to abuse these elderly people because they won’t have to answer to it” in court, said Marlene Owens of South Easton, who successfully challenged an arbitration agreement signed by her “delusional” elderly stepfather in 2003.

She is now suing his former nursing home over bad care.

The Boston Sunday Herald reported yesterday that nearly 40 percent of the state’s nursing homes performed significantly below average, according to annual inspections, and that numerous residents suffer abuse and neglect or receive shoddy care. The Bay State nursing home population is about 45,000.

With nursing homes here and nationwide pressing residents to sign the arbitration agreements - often tucked away in thick and complex admission packages - lawmakers including U.S. Rep. Barney Frank (D-Newton) are weighing federal action.

Family members and residents are emotional at admission time and overwhelmed by paperwork, said Janet Wells, director of public policy at the National Citizens’ Coalition for Nursing Home Reform. “They may not be aware the agreement is there. They may feel they don’t have a choice but to agree,” Wells said.

Studies show nursing home arbitration dramatically reduces payouts in cases where seniors have been wronged. The average nursing home claim amount in the United States shrank from $261,000 in 1998 to an estimated $116,000 in 2008, during a period when tort reform and arbitration increased, according to a 2009 Aon Corp. The average payment in arbitrated cases was $91,000, compared to $138,000 in nonarbitrated cases, about 35 percent less.

Frank, who supports federal legislation to ban the agreements in nursing homes, said they have no place in the elder-care facilities.“With older people you ought to be especially careful. This principle is a bad one,” said Frank. He said that though arbitration can be a good way to handle disputes, it should be a choice.
“You shouldn’t have to sign one in advance in these one-sided contracts,” he said.

Frank and U.S. Rep. William Delahunt (D-Quincy) are among 28 sponsors of the legislation, which was filed by California Rep. Linda Sanchez. It is pending in front of a House subcommitee.

The nursing home industry has mobilized against the bill.

Arlene Germain, president of Massachusetts Advocates for Nursing Home Reform, said the agreements capitalize on vulnerable seniors. “They should not lose the ability to hold nursing homes accountable in the event of abuse or neglect by signing away their constitutional right to have their cases heard by a judge and jury,” she said.

http://www.bostonherald.com/news/regional/view.bg?articleid=1238037

Take care to read the fine print, do research when choosing Nursing Home

Take care to read the fine print, do research

Quincy attorney Bernard J. Hamill, who represents victims of nursing home abuse, says family members placing loved ones in the homes should be mindful of their rights and do diligent research.

Read the fine print: Hamill said predispute arbitration agreements, which bar a resident from suing the nursing home, should not be a requirement for admission. He advises against signing such agreements without first talking to an attorney.

“You do not have to sign it. It’s negotiable,” Hamill said.

Stay a while: Hamill recommends eating a meal in the prospective nursing home, taking note of how many of the residents are dressed and up for meals and what activities are available, and talking to nursing assistants and staff.

Check the report card: Massachusetts nursing homes are inspected each year and a report card of the results are online at http://webapps.ehs.state.ma.us/nursehome/. The overall information available online is limited.

The federal government runs the Five-Star rating Web site www.medicare.gov/nhcompare, which allows consumers to compare nursing homes to each other and see how they rate overall and on inspections, staffing and quality of care

Article by By Jessica Fargen
Monday, March 8, 2010
Boston Herald

http://www.bostonherald.com/news/regional/view.bg?articleid=1238035

Sunday, February 28, 2010

East Coast nursing home chains settle Kickback allegations

East Coast nursing home chains settle kickback allegations - chicagotribune.com

Posted using ShareThis

Without admitting wrongdoing, two East Coast nursing home chains and their principals agreed to pay the federal government and state Medicaid programs a total of $14 million to settle a whistle-blower lawsuit alleging Medicare and Medicaid fraud, the Justice Department announced Friday.

Adam Resnick, a Chicago businessman, brought the fraud allegations in a 2006 civil lawsuit filed in Boston federal district court. The U.S. Justice Department intervened in December 2008.

Resnick is a self-described addicted gambler who last year completed a 25-month federal prison sentence for his role in a $10 million check-kiting scheme that led to the collapse of Universal Federal Savings Bank, in the Pilsen community. With the help of a bank insider and an accountant, prosecutors disclosed, Resnick wrote bogus checks to cover his seven-figure losses at casinos and through bookies.

Resnick recently published a cautionary autobiography titled, "Bust: How I Gambled and Lost a Fortune, Brought Down a Bank — and Lived to Pay For It."

The agreement announced Friday does not establish what share Resnick will claim of the $14 million, but his attorneys said they expect him to get $1 million to $2 million. He plans to apply the bulk of it to pay down the roughly $10 million restitution he still owes for his role in the bank collapse.

"I really appreciate the tenacious work the government attorneys did on this case," Resnick said in a written statement. "If nursing homes take kickbacks, decisions they make about drugs for their residents ultimately may be based on financial benefits to the nursing homes rather than medical benefits for their patients."

The case settled Friday is among a cluster of federal whistle-blower lawsuits involving Omnicare Inc., the nation's largest supplier of drugs to nursing homes. Without admitting wrongdoing, Omnicare paid $19.8 million in November to settle an earlier portion of Resnick's whistle-blower lawsuit.

Friday's settlement arises from government allegations that the Atlanta-based Mariner Health Care Inc. and SavaSeniorCare Administrative Services LLC nursing home chains solicited kickback payments from Omnicare in exchange for agreements by Mariner and Sava to continue using Omnicare's pharmacy services for 15 years. The companies deny wrongdoing.

"Nursing home residents and their families are entitled to make health care decisions free from the distortions caused by illegal kickback schemes," said Tony West, assistant attorney general for the Justice Department's Civil Division.

Thursday, February 25, 2010

nursing home probed after death

http://www.newsobserver.com/2010/02/17/343957/nursing-home-probed-after-death.html

CHAPEL HILL -- An incident at a Chapel Hill nursing home is being investigated after several patients mysteriously tested positive for opiates, officials said today.

The Britthaven of Chapel Hill nursing home, which has a spotty record of patient care, notified state authorities after one patient's blood tests showed the presence of opiates, despite not being prescribed the narcotic. That patient died of an unrelated bout of pneumonia, said Phillip Hill, vice president of operations for Britthaven, Inc.

But when that patient's blood results came back positive for opiates, nursing home staff grew alarmed. They noted that some other patients in the home's 29-bed Alzheimer's unit showed signs of lethargy, and were also tested. Opiates were found in at least two other patients, who were admitted at UNC Hospitals.

Britthaven then notified authorities, including the Chapel Hill Police Department and the state Department of Health and Human Services, which oversees adult care facilities.

"Obviously if somebody wasn't on the medication that showed up in the bloodstream you want to know how it got there," said Jeff Horton, head of the Division of Health Service Regulation.

Hill said the incident remains perplexing, because no drugs were out of order or missing at the nursing home. He said the police found no evidence that a crime was committed, but the company is continuing its investigation.

"It's real hard to determine what caused a patient to have a positive drug screen," Hill said. "Many types of antibiotics can give a false positive for opiates."

In the meantime, he said, the regular staff of the nursing home's Alzheimer's unit has been temporarily replaced with workers on loan from the corporate offices in Kinston and from other nearby facilities.

"We are reassuring family members that we have a completely new team on this," Hill said, adding that security at the facility has also been ramped up. "Residents are safe."

Britthaven has had regulatory issues in recent years at its Chapel Hill facility, which has 133 beds. Prior to the current incident, the nursing home had been designated a "special focus facility" because of persistently poor care. As a result, Horton said, the facility gets two inspections a year instead of one.

During inspections in 2008 and 2009, the nursing home was found to have subjected some residents to imminent jeopardy by failing to protect them from abuse. Residents got only about half the state average of hour of care by certified nursing assistants. In November, Britthaven paid a federal fine of $7,117.54 for failing to provide enough supervision to prevent accidents to residents.

"It dealt with having safe water temperatures in their patient areas," said Beverly Speroff, with the Division of Health Service Regulation.

Speroff said this afternoon that state inspectors have not yet visited Britthaven. Typically, state inspectors, who work on behalf of the Centers for Medicare and Medicaid Services, collect information on possible violations by observing the nursing home, conducting staff and family interviews, and reviewing medication records. "Generally, we're going to collect as much data on this situation as possible," Speroff said.

Deal Offered to Aide in KY Abuse case

LEX 18 has learned a plea deal has been offered to a former nurse's aide accused of abusing an elderly patient at a Madison County nursing home.

Amanda Sallee is set to go to trial on wanton neglect and abuse charges March 15. Details of the plea deal were not discussed in court Thursday, but a judge gave Sallee until March 4 to decide if she'll take it.

Sallee, 31, is one of three former nurses aides at Madison Manor Nursing Home in Richmond accused of abusing the late Armeda Thomas. The 84-year-old's granddaughter placed hidden cameras in Thomas' room, fearing Thomas was being neglected by nursing home staff. Sallee is seen on tape eating Thomas' food instead of giving her the meal.

Two other women have pled guilty to similar charges after they were caught on camera taunting and grabbing Thomas around the neck.

Thomas' family is also pursuing civil action in addition to the investigation brought on by the attorney general's office.

http://www.lex18.com/news/former-aide-offered-plea-deal-in-nursing-home-abuse-case

Tuesday, February 16, 2010

Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit

Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit

Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Ventura County, CA: Maria Arellano has been awarded a $7.75 million settlement by the jury who heard her case against the Fillmore Convalescent Center.

The suit alleged that the 71-year old woman was abused during her time at the nursing home. Due to a prior stroke she was unable to speak or walk. Evidence in the form of film clearly showed an employee of the nursing home, Monica Garcia, slapping Arellano, pulling her by her hair, roughly handling her neck and hands and treating her violently in a shower seat.

Arellano's lawyers provided evidence that the nursing home had been notified of the abuses, in writing, by more than one family, with at least one party naming Garcia. The center and its owner contended that Garcia's actions were so horrible that they exceeded the scope of her employment. Garcia admitted to physically abusing Arellano on that day only. The award included $5 million in punitives.

Saturday, February 13, 2010

LEX18 | Lexington, KY | News, Weather, Sports, Kentucky | Former Aide Offered Plea Deal In Nursing Home Abuse Case

LEX18 | Lexington, KY | News, Weather, Sports, Kentucky | Former Aide Offered Plea Deal In Nursing Home Abuse Case

A plea deal has been offered to a former nurse's aide accused of abusing an elderly patient at a Madison County nursing home.

Amanda Sallee is set to go to trial on wanton neglect and abuse charges March 15. Details of the plea deal were not discussed in court Thursday, but a judge gave Sallee until March 4 to decide if she'll take it.

Sallee, 31, is one of three former nurses aides at Madison Manor Nursing Home in Richmond accused of abusing the late Armeda Thomas. The 84-year-old's granddaughter placed hidden cameras in Thomas' room, fearing Thomas was being neglected by nursing home staff. Sallee is seen on tape eating Thomas' food instead of giving her the meal.

Two other women have pled guilty to similar charges after they were caught on camera taunting and grabbing Thomas around the neck.

Thomas' family is also pursuing civil nursing home malpractice action in addition to the investigation brought on by the attorney general's office.

http://www.lex18.com/news/former-aide-offered-plea-deal-in-nursing-home-abuse-case

Friday, February 05, 2010

Albert Lea Tribune | Lawsuit alleges ‘systemic failure to exercise proper supervision’

Albert Lea Tribune | Lawsuit alleges ‘systemic failure to exercise proper supervision’

MINNEAPOLIS — Four of the alleged victims in the highly publicized elder abuse case at Good Samaritan Society of Albert Lea and their families have sued the operator of the nursing home and four of the former certified nursing assistants.

The civil lawsuit, filed Monday in Freeborn County District Court, comes on the heels of criminal trials slated for this summer.

The four former nursing assistants in the civil suit were teens, two of which face juvenile criminal charges and two of which face adult criminal charges. All are now adults. Two others not cited in the civil suit went through juvenile criminal court.

Mark Kosieradzki, one of the lawyers for the alleged victims, from the Kosieradzki-Smith law firm, said the families have a lot of questions that remain unanswered and hope the lawsuit provides answers.

A spokesman for the Good Samaritan Society says the company hasn’t done anything improper and followed correct procedures once the allegations came out.

The lawsuit accuses the nursing assistants of striking residents’ breasts, poking residents’ breasts, pinching residents’ nipples, inserting fingers in residents’ mouths until they screamed, rubbing residents’ crotches, inserting a finger into a residents’ rectum, exposing their bare buttocks, sitting with their bare buttocks on the lap of a senior resident, spitting on a resident, squirting water at a resident and simulating sexual activity with a resident.

Thursday, December 31, 2009

NYC Nursing Home to Pay $19M in Damages for Patient Neglect

A Brooklyn nursing home will have to fork over nearly $19 million in damages to the family of a 76-year-old patient neglected so badly that he left with more than 20 bedsores.

The massive award, handed down by a Brooklyn jury earlier this month, is the first in the state against a nursing home that includes punitive damages, lawyers said.

"It was horrible," said Margaret Whitehurst, 55, who pulled her father, John Danzy, from the Brooklyn Queens Nursing Home after just nine months. "He walked in on two legs and a cane. He was 237 pounds. When we got him back, he was 148 pounds and he had holes all over his body."

She and her siblings moved Danzy, a retired truck driver and butcher, to another nursing home. Six months later, in November 2003, he succumbed to an infection caused by the bedsores, according to testimony.

A Brooklyn jury deliberated two full days following the four-week trial before finding the Cypress Hills facility delivered substandard care.

The panel awarded $3.75 million for Danzy's pain and suffering, but tacked on $15 million in punitive damages, based in part on the allegation that the home had doctored records to try to cover up the neglect.

Lawyer Dennis Kelly said the first-ever imposition of punitive damages against a nursing home in New York state was due in part to evidence that the home tried to cover up the lack of care Danzy was getting.

An FBI expert testified that about 100 different skin-check notes showing "G" for "good" had been penned over to show "B" for "broken" — an effort by the home to claim it hadn't missed the horrific sores, Kelly said.

"Someone went back and wrote B's over the G's to cover their tracks, so they falsified the records, he said. "We believe that once they found out they were being sued, they went back and said, 'How could we have G's here when they guy has 20 sores?' "

The home's CEO, Leopold Berkowitz, did not return a call for comment, and the home's lawyer hung up on a Post reporter.

Kelly said the nursing home restrained the Alzheimer's-stricken Danzy to keep him from wandering off, but left him unattended for long periods.

He said medical standards require that bedridden or restrained patients be moved every two hours to prevent such sores, but that Brooklyn-Queens only moved Danzy every four hours — if at all.

Another of Danzy's daughters, Cynthia, said she and her siblings chose Brooklyn Queens because it was the only facility that had a bed available in 2002, when they realized he could no longer live on his own.

But it's a decision she'll regret forever.

"I think they should be shut down," said Cynthia Danzy, 46. "No one should endure that."

http://www.foxnews.com/story/0,2933,581276,00.html

Saturday, December 26, 2009

Suit accuses nursing home of wrongful death

The executor of an estate for a former resident of Richmond Health and Rehabilitation is suing the home’s owners, alleging the resident received injuries there that led to his death.

Michael Cornett, executor of the estate of Jack Cornett, filed the suit Dec. 11 in Madison Circuit Court, accusing Fir Lane Terrace Convalescent Center Inc., doing business as Richmond Health and Rehabilitation Complex-Madison, Extendicare and three Richmond Health and Rehabilitation administrators — Tina McCaulley, Cindy Simpson and Robert Kirk, of providing negligent care that “accelerated the deterioration of Cornett’s health and physical condition beyond that caused by the normal aging process.”

The suit, filed on the one-year anniversary of Jack Cornett’s death, claims he was a resident at the home from early 2008 until he died on Dec. 11, 2008, in St. Joseph Hospital in Lexington. It alleges he suffered various injuries, including pressure sores, dehydration, compromised nutrition, weight loss, poor hygiene, infections, unexplained bruising, multiple falls, unnecessary physical pain, mental suffering and accelerated death.

“Jack Cornett also suffered unnecessary loss of personal dignity, pain and suffering, degradation, emotional distress and hospitalizations, all of which were caused by the negligent and wrongful conduct of the Defendants ... ,” the lawsuit alleges.

The lawsuit, filed on behalf of Michael Cornett claims that Extendicare did not maintain adequate staffing at Richmond Health and Rehabilitation, negligently failing to deliver care, services and supervision.

It also alleges that Extendicare did not “develop, implement and follow policies to assist Jack Cornett in attaining and maintaining the highest level of physical, mental and psychological well-being,” failed to maintain Jack Cornett’s records “in accordance with accepted professional standards,” did not provide proper supervision, treatment and assessment to prevent falls and did not provide the resident with enough fluids to prevent dehydration.

The suit says Jack Cornett did not receive adequate sanitary care, medications, repositioning, turning and skin care to prevent the formation of pressure ulcers. Extendicare also is accused of not providing wound care, failing to make an adequate assessment of his nutritional needs, failing to prevent medication errors and a number of other similar claims.

Extendicare did not provide a sufficient number of qualified personnel to meet the resident’s needs, the lawsuit alleges.

“It was foreseeable,” the lawsuit claims, “that the breaches of care listed ... would result in serious injuries and the accelerated death of Jack Cornett.”

“ ... Extendicare Defendants acted with oppression, fraud, malice or were grossly negligent by acting with wanton or reckless disregard for the health and safety of Jack Cornett,” the suit reads.

The suit claims the conduct of the defendants was a “substantial factor in causing” the resident’s death, and asks for a jury trial. The plaintiff asserts a claim for judgment for all compensatory and punitive damages, including medical and funeral expenses and other administrative costs, pain and suffering, the grief suffered by beneficiaries, mental anguish, loss of spousal consortium and loss of life in an amount to be determined by the jury, as well as costs, interest and attorney’s fees.

http://www.richmondregister.com/localnews/local_story_351173131.html

Friday, December 18, 2009

1 Nurse, 2 Caretakers Indicted For Patient Neglect

FRANKFORT, Ky. – Attorney General Jack Conway announced the indictments of a nurse and two caregivers in connection with the alleged neglect of a patient at Creekwood Place Nursing Home in Logan County, Ky.

Barbara A. Moore, a nurse from Beechmont; Destiny W. Duncan, a certified nursing assistant from Russellville; and Melissa L. Lyon, a certified nursing assistant from Olmstead, were each indicted by the Logan County Grand Jury on one count of knowing abuse/neglect of an adult under KRS 209.990(2), a Class C felony.

Each person could face five to 10 years in prison if convicted.

The indictments allege that Lyon performed a single person lift to transfer the victim into bed when the victim’s care plan required a two person lift. This caused the victim to receive a fractured leg. Lyon, along with Duncan, allegedly concealed the true facts of the incident and Moore allegedly failed to call a physician or family member or check on the victim, all of which caused the victim prolonged suffering and pain.

Investigators from the Office of the Attorney General’s Office of Medicaid Fraud and Abuse Control investigated this case and presented it to the Logan County Grand Jury. The Grand Jury issued a summons for each defendant to appear for arraignment in Logan Circuit Court on Dec. 10, at 8:30 a.m. Logan County Commonwealth’s Attorney Gail Guiling is handling the prosecution of the case.

http://www.kypost.com/content/news/commonwealth/story/1-Nurse-2-Caretakers-Indicted-For-Patient-Neglect/hE0a8GdPEUyNkWKKEeB_vQ.cspx