Friday, April 15, 2011

Family claims wrongful death at Houston nursing home

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

Thursday, April 07, 2011

Three nursing home workers arrested in Delaware County

"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

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:

Saturday, April 02, 2011

Nursing home abuse alleged in Niagara

Two employees at a Wheatfield nursing home “joined in humiliating, distressing and violating the dignity” of two residents last April, according to state Department of Health documents obtained Tuesday.
The documents detail a disturbing event at Northgate Health Care Facility wherein one nursing assistant placed two elderly residents suffering from dementia and other mental health ailments in the same bed while another nurse made sexual comments, apparently seeking to spur inappropriate interaction, and taking pictures, the documents state.
Alicia Clemens, a certified nursing assistant, took cell phone camera pictures of the two elderly and impaired clients after she and another employee, Gloria Maxwell, placed them in the same bed together during their shift on April 14. The report concludes that Maxwell and Clemens were acting “for their own entertainment.”
Clemens and Maxwell attempted to convince the pair they were husband and wife, Gretchen Fantauzzi, senior attorney acting on behalf of Commissioner of Health Richard Daines, wrote in her report on the incident.
Using “sexually provocative commentary” to solicit physical contact between the two, Fantauzzi said sufficient evidence exists that Clemens and Maxwell brought the elderly female client, who reportedly suffers from mild retardation and schizophrenia, into the room occupied by an elderly man and his real wife.


Nursing home abuse details released » Local News » Niagara Gazette

CNA Registry Massachusetts

Information and Contacts

Public Information Requests


Massachusetts Department of Public Health - Division of Health Care Quality


99 Chauncy Street, Boston, MA 02111

Phone: (617) 753-8143

License Verification: (617) 753-8192
Should you wish to receive a copy of a portion of the Nurse Aide Registry data, please contact Peter Bilodeau at (617) 753-8140. Information currently available includes name, address and last known employer. Unfortunately, mailing labels are not available. Final requests must be received in writing. A nominal fee will be charged for the processing of the request.


http://www.mass.gov/?pageID=eohhs2terminal&L=5&L0=Home&L1=Provider&L2=Certification%2c+Licensure%2c+and+Registration&L3=Occupational+and+Professional&L4=Nurse+Aides&sid=Eeohhs2&b=terminalcontent&f=dph_quality_healthcare_p_nurse_aide_contact&csid=Eeohhs2

Friday, April 01, 2011

Lawsuit Study on Nursing Homes Released

A study published in the March 31 issue of the New England Journal of
Medicine  included the following findings on Nursing Homes:

Five large U.S. nursing home chains provided information on lawsuits brought against them between 1998 and 2006. Researchers looked at the alleged reason for the suit and the outcome.
During that period, plaintiffs filed 4,716 claims against 1,465 nursing
homes. On average, each nursing home was sued every two years.
The most common Nursing Home harms alleged were fall-related injuries (27 percent) and pressure ulcers or bedsores (16 percent). Other claims were for dehydration,
malnutrition and excessive weight loss, physical or verbal abuse and
medication errors.
Sixty-one percent of the claims resulted in a payment, which averaged
nearly $200,000.
Researchers then analyzed the likelihood of a nursing home being sued based
on 10 measures of quality gleaned from two national databases, including
one that tracks the health of nursing home residents on a monthly basis.
Nursing homes that had the most nurse's aide hours per resident-day -- a
measure of how well staffed a nursing home is -- were also slightly less
likely to get sued, but again, not by much -- 45 percent compared to 41 percent
annually for those with the lowest staffing levels.
One measure for which there was a significant difference in the likelihood
of lawsuits was pressure ulcers or bedsores. Nursing homes with the lowest
pressure ulcer rates had a 6 percent chance of being sued in a given year
because of bedsore-related complaints compared to 11 percent for the
worst-performing nursing homes.
Concluding that lawsuits have little effect on quality of care, the authors
say that other long-term efforts, such as public reporting of nursing home
conditions and performance-based reimbursement schedules, may be needed to
encourage improvements.

Thursday, March 31, 2011

Kara Murphy - Quincy CNA Nursing Aide Sentenced for Abuse

Atrium Abuser Sentenced Wed. 3-30-11. Quincy District Court, Quincy, MA.

Update: April 6, 2011:

Kara Murphy, The Certified Nurse Aid who worked at The Atrium in Quincy,  pleaded guilty in Court to 7 counts of assault and battery on an elderly or disabled person on 3-30-2011.

The DA's office read the abuse charges, the judge asked her if she is pleading guilty to all the details as presented, and Murphy said yes.  The details include punching and slapping one elder victim (H) and assorted acts against others.

The DA's office asked for some jail time to be served.  Defense attorney Karen Wayne asked for time served on house arrest. 

The Judge explained in court the seriousness of crimes, and what pleading guilty means.  Sentence finally handed down was 1 year probation, anger management group, and no work with elderly or children until probation is up, according to a Court observer.
Hamill Law office is currently representing an elder victim of these terrible assaults.

Thursday, March 24, 2011

National Disability Rights Network

National Disability Rights Network

Nursing Home Long Term Care Guide

National Consumer Voice for Quality Long Term Care has published a "Consumer's Guide to Choices and Advocacy" entitled "Piercing Together Qaulity Long Term Care". It is available on PDF here.

About The Guide

Monday, March 14, 2011

Danger in NY State run Homes for the Disabled

A New York Times investigation found widespread problems in the more than 2,000 state-run homes. In hundreds of cases reviewed by The Times, employees who sexually abused, beat or taunted residents were rarely fired, even after repeated offenses, and in many cases, were simply transferred to other group homes run by the state.
And, despite a state law requiring that incidents in which a crime may have been committed be reported to law enforcement, such referrals are rare: State records show that of some 13,000 allegations of abuse in 2009 within state-operated and licensed homes, fewer than 5 percent were referred to law enforcement. The hundreds of files examined by The Times contained shocking examples of abuse of residents with conditions like Down syndrome, autism and cerebral palsy.
At a home upstate in Hudson Falls, two days before Christmas in 2006, an employee discovered her supervisor, Ricky W. Sousie, in the bedroom of a severely disabled, 54-year-old woman. Mr. Sousie, a stocky man with wispy hair, was standing between the woman’s legs. His pants were around his ankles, his hand was on her knee and her diaper was pulled down.
The police were called, and semen was found on the victim. But the state did not seek to discipline Mr. Sousie. Instead, it transferred him to work at another home.
Roger Macomber, an employee at a group home in western New York, grabbed a woman in his care, threw her against a fence, and then flung her into a wall, according to a 2007 disciplinary report. He was then assigned to work at another group home.
Mr. Macomber, in fact, was transferred to different homes four times in the past decade for disciplinary reasons. It was not until last year, after he left a person unattended while he went into a store, that he was put on employment probation and eventually dismissed.
Over the past year, the state agency overseeing the homes, the Office for People With Developmental Disabilities, has repeatedly declined to make its top officials available for interviews. A spokesman, Herm Hill, said that the vast majority of the agency’s employees were conscientious, and that its hands were often tied because of the disciplinary and arbitration rules involving the workers’ union. Mr. Hill emphasized that the agency takes allegations of abuse “very seriously.”


For the Developmentally Disabled, Harm in Safe Havens - NYTimes.com

Thursday, March 10, 2011

Mickey Rooney's Tale of Elder Abuse

From the Hill.com

"If elder abuse happened to me, Mickey Rooney, it can happen to anyone."

With this statement last week before the Senate Special Committee on Aging, 90-year old entertainment legend Mickey Rooney focused the nation’s attention on a growing problem that long has remained invisible.

We’ve spent countless billions to extend how long we live, but many fewer resources to ensure safety and well-being in the time we’ve gained. Our failure to address the problem means that millions of our parents and grandparents are paying the price in the form of physical, sexual and psychological abuse, neglect, abandonment, and financial exploitation.

Elder abuse occurs in nursing homes, assisted living facilities, other care settings, and, most often, at home. And it’s deadly, leading to a 300% increase in premature death.

Rooney alleges that his step-son and wife withheld food and medication, isolated and verbally abused him, and controlled his life and assets. Neither fame nor fortune protected him from a fate that befalls untold millions of others.

“I tell my residents,” said Mark Lachs, MD, co-chief of geriatrics at Weill Cornell Medical College, “that of every thirteen older patients they see, odds are, one of them is a victim of elder abuse.”

A just-released New York phone survey conducted by Weill Cornell and colleagues found that 7.6% of people 60+ experienced elder abuse, neglect or financial exploitation in the past year. (A similar nationwide survey found even higher rates.) And these phone surveys can’t capture the elders at greatest risk: those who live in facilities; who can’t answer or don’t have a phone; who are too scared to speak because an abuser is close by, or those with dementia.

Abuse rates among those with Alzheimer’s disease are higher still. A staggering 47% of people with dementia who live at home were abused or neglected by caregivers, according to a 2010 University of California, Irvine study.

Few people in Rooney’s position ever come forward which made his Senate appearance all the more significant. The New York study found that only one of every 23 cases of elder abuse ever comes to the attention of a responsible entity.

Rooney explained it this way: I felt trapped, scared, used, and frustrated. But above all, I felt helpless. For years I suffered silently. I couldn’t muster the courage to seek the help I knew I needed. Even when I tried to speak up, I was told to be quiet. It seemed like no one believed me.

The human suffering exacted by elder abuse is matched only by its immense fiscal burdens. Given its estimated price tag of countless billions/year, we can’t afford not to do something about elder abuse:

Elder abuse increases the likelihood of nursing home admission four-fold, depleting Medicare and Medicaid. Health care providers that bill for care they don’t provide (and neglect frail elders) defraud those programs. Financial exploitation pushes victims whose life savings are stolen to lose homes and rely on public programs for housing and health care. And abusive guardianships squander court resources.

A new Government Accountability Office report released last week found a dearth of resources going to address the problem and a federal leadership vacuum. Our response to elder abuse lags some 40 years behind child abuse and 20 years behind domestic violence, in part because there is no Office of Elder Justice, comparable to federal offices that have for years provided leadership, resources, and sustained attention on child abuse and domestic violence issues. Nor have private funders or not-for-profits stepped forward. The consequences of this systemic neglect are everywhere evident.

The safety net to prevent and address elder abuse is in tatters. In some jurisdictions, Adult Protective Services workers begin fieldwork with less training than a Starbucks employee receives before making her first latte. We don’t know why elder abuse occurs, how much it costs, what practices and programs are effective in addressing it, or how to detect and prevent it. We desperately need more research. Yet, according to the GAO, the National Institute on Aging spent just 1/1000th of its annual budget on elder abuse research. And the situation is similar among other federal or state agencies.

Which takes us back to Mickey Rooney. His testimony has trained a very public spotlight on elder abuse for the first time ever. The question is, will we use this sudden burst of attention to do something lasting? Will Congress and the Administration exert federal leadership, provide resources, and take the necessary smart steps to tackle the problem and build capacity among the fragmented scattershot systems? If Rooney’s dramatic testimony catalyzes such change, it will have been his finest performance yet.


Mickey Rooney's greatest performance - The Hill's Congress Blog

Sentencing announced for record fraud in neglect case

A former employee of the Williamsville Suburban Nursing Home in Amherst, NY was sentenced Monday after pleading guilty to falsifying records to conceal the neglect of a patient.

Deborah Groth, 61, was sentenced by New York State Supreme Court Judge Penny Wolfgang to a three-year conditional discharge and 50 hours of community service. Groth, a former licensed practical nurse (LPN), entered a guilty plea in December to three counts of falsifying business records in the first degree, a class E felony.

Attorney General Eric Schneiderman’s office, which announced the sentencing, said that Groth falsified a resident's records to demonstrate that she had administered an injection of insulin, taken and recorded the resident's vital signs and applied skin treatment when footage from a hidden surveillance camera revealed that she did not perform the procedures.

Groth has surrendered her LPN license and is required to provide the state with a DNA sample, pay a mandatory surcharge of $300 and a $25 victim impact fee

Read more: Sentencing announced in neglect case | Business First Sentencing announced in neglect case | Business First

March is Residents Rights Month

Residents' Rights Month is an annual event designated by the Consumer Voice and is celebrated in October to honor residents living in all long-term care facilities, including nursing homes, sub acute units, assisted living, board and care and retirement communities. It is a time for celebration and recognition offering an opportunity for every facility to focus on and celebrate awareness of dignity, respect and the value of each individual resident. The theme for Residents' Rights Month 2011 is, "Welcome Home: Creating Connections Between Residents and the Community" with the goal of educating the community about residents' rights and to increase community involvement with residents.

The National Consumer Voice for Quality Long-Term Care

Monday, March 07, 2011

Georgia Jury orders health care facilities to pay $9 million in wrongful death

A Walker County jury found Country Crossing Assisted Living, its owner Travis Thompson and Hutcheson Home Heath Care liable in the death of Charlotte Pauline Dean.

Dean died on Jan. 19, 2006 after she was taken to the Hutcheson Medical Center – also known as Hutcheson Home Health. Dean, who had cerebral palsy, had multiple infected pressure ulcers on different parts of her body, her attorney said.

Hutcheson Home Health Care was providing weekly medical treatment, and Country Crossing Assisted Living was hired for around-the-clock care for Dean, her attorney said.

Dean’s family filed a wrongful death suit against the health care facilities, saying they only were treating her for one pressure ulcer, her attorney said.

“I’m very proud of the jury,” Ken Bruce, an attorney with Bruce and Thompson, told the AJC. Bruce was one of four attorneys representing Dean’s family and her estate.

“When you see a verdict like this, by definition it reflects a jury’s belief that there was some very bad treatment and bad conduct by the defendants,” he said.

The verdict came Saturday after a week-long trial in Walker State Court in Lafayette, in northwest Georgia.

The jury awarded $4 million to Dean’s family for pain and suffering and $5.5 million for the wrongful death claim.

The jury also awarded $2,683 in funeral expenses.
Jury orders health care facilities to pay $9 million in wrongful death suit  | ajc.com

Tuesday, March 01, 2011

Proposals to curb nursing home abuse faltering in Ky

Two proposals aimed at preventing and investigating abuse of nursing home patients appear to be dead or stalled in the ongoing state legislative session, according to their sponsors.

In Kentucky, nursing home deaths from neglect and abuse often aren't criminally prosecuted because the coroner isn't called to investigate. But a bill that would require Kentucky nursing homes to report all deaths to the local coroner will not go forward this session because of opposition, its sponsor said.

Rep. Tom Burch, D-Louisville, said he won't call House Bill 69 for a vote in his House Health and Welfare Committee, citing opposition from the nursing home industry and budget concerns from the state's chief medical examiner, Tracey Corey.

Corey has said she would need to hire three medical examiners and support staff to handle the additional death investigations that could result from calling coroners after each nursing home death.

Burch said he tried to compromise with nursing home industry leaders with no success.

"All that I had when they got through compromising was the title (of the bill) and my name on it," Burch said. "I think right now as far as that bill is concerned, it's dead. As much as I want it, I can't move it that fast. I wasn't getting that much support on my committee."

Meanwhile, a bill requiring nursing homes to conduct criminal background checks on all employees appears to be blocked in the Senate. Under current law, employees who provide direct care to residents must have criminal background checks, but custodians, food service workers and others do not.

In 2008, a Lexington nursing home hired a maintenance worker after he had been arrested for sexual solicitation of a minor and kept him on after he was placed on Kentucky's sex offender registry, according to a lawsuit filed against the home.

Read more: http://www.kentucky.com/2011/02/19/1641282/proposals-to-curb-nursing-home.html#ixzz1FOIF1TzfProposals to curb nursing home abuse faltering in Frankfort | Voiceless & Vulnerable: Nursing Home Abuse | Kentucky.com