News On Preventable Deaths In Hospitals

In 1999, Americans learned that 98,000 people were dying every year from preventable medical errors in hospitals. That came from a widely touted analysis by the Institute of Medicine (IOM) called To Err Is Human. This was the “Silent Spring” of the health care world, grabbing headlines for revealing a serious and deadly problem that required policy and action.
According to a new study just out from the prestigious Journal of Patient Safety, four times as many people die from preventable medical errors than we thought, as many as 440,000 a year.
Back in the old days, the IOM experts had very little concrete information to use in estimating the extent of killer errors in hospitals. But with innovations in research techniques led by Dr. David Classe, the Institute for Healthcare Improvement and others, we now have more tools to tell us where the bodies are buried.Stunning News On Preventable Deaths In Hospitals - Forbes:

Minnesota nursing home issued citation in death of resident

A St. Cloud nursing home has been cited by state regulators in the case of a resident who became ill, then unresponsive, and died minutes later while staff made no effort at resuscitation.St. Cloud nursing home cited in death of sick resident | Star Tribune

Los Angeles Said to Battle Backlog of Nursing Home Complaints

Los Angeles County health officials, responding Tuesday to allegations that complaints about conditions at area nursing homes were not fully investigated, said thousands of reports were backlogged, but investigations were thorough and up-to-dateCounty Battles Backlog of Nursing Home Complaints - Government - Monrovia, CA Patch

Murder-suicide suspected in Bloomington deaths

The bodies of two people were found Friday morning in a suspected murder-suicide at a Bloomington retirement home.
Police were called to Meadowood Retirement Community at about 11:40 a.m., Bloomington police Sgt. Joe Crider said.
Officers found the bodies of 76-year-old woman and a 77-year-old man in a room, Crider said. Both had been shot to death.
Crider said investigators think the woman was shot and killed by the man, who then took his own life. It was unclear what kind of gun was used in the shootings.
There were no other reported injuries, Crider said.Murder-suicide suspected in Bloomington deaths | Indianapolis Star | indystar.com

Kindred nursing home not inspected by city of Quincy since 2007

The city of Quincy building department "hasn’t inspected the Kindred Transitional Care and Rehabilitation nursing home on McGrath Highway in more than six years. Quincy’s three other nursing homes were all inspected last summer" according to the Patriot Ledger. These inspections relate to the building plant not the Dept. of Public Health annual on site inspections for patient quality of care. Quincy nursing home last inspected by city in 2007 - News - The Patriot Ledger, Quincy, MA - Quincy, MA

Court affirms judgment in Presque Isle nursing home case

In a 3-2 decision on Thursday, the Maine Supreme Judicial Court affirmed the vote of an Aroostook County jury in a case brought by representatives of the estate of a Fort Fairfield woman against a nursing home that they believe was negligent in caring for the woman prior to her death.

The jury found in favor of the Presque Isle Nursing Home in September 2012, determining that the death of 85-year-old Vera Boulier was not the result of negligence on the part of the health care facility. Superior Court Justice E. Allen Hunter was the presiding judge.

The appeal of the civil case was heard in June 2013 when the Law Court was sitting at the Penobscot Judicial Center in Bangor. The Boulier estate was represented by Portland-based attorney Ken Hovermale. The nursing home was represented by Christopher C. Taintor of Portland.

According to Hovermale, Boulier, 85, was a resident at the facility and had a document charting her medical needs and requirements, called a “care plan.” While in the bathroom at the nursing home, Boulier fell and suffered injuries that eventually led to her death at a Bangor health care facility in January 2009.Supreme Judicial Court affirms judgment in Presque Isle nursing home case — Aroostook — Bangor Daily News — BDN Maine

Labor unrest at Genesis nursing home chain in MA

From today's Boston Globe:

"The nation’s largest nursing home chain is drawing fire from Massachusetts caregivers over poverty wages and other issues as labor tensions mount at long term care facilities across the Bay State operated by private equity-owned Genesis HealthCare."

Labor unrest grows at largest nursing home chain in Massachusetts - North Reading - Your Town - Boston.com:

Brian Lee: Nursing Home Advocate

Some "anonymous" critic would apparently attack Nursing Home ombudsman Brian Lee. My question is do they have any proof whatsoever and why do they remain anonymous? It looks to me this was an article attacking him more because he opposes the atrocious nursing home industry backed bill that would insulate nursing home shell corporations from liability when residents are mistreated or abused.

From the article:

"Now his critics insist he's whipping up business for one of the state's busiest nursing home litigators.
They say Brian Lee finds disgruntled patients, then Tampa personal injury attorney Jim Wilkes sues the living bedsheets out of their nursing homes."




My question: Who are "They"?

Disgruntled patients? or abused patients?
Lee call the accusation "ridiculous". He described the source of donations as coming from "unions, families and the Wilkes law firm."

Brian Lee: Good-Guy Nursing Home Watchdog or Shill for a Trial Lawyer? | Sunshine State News

Kindred faces $2 million verdict in nursing home assault case

The Headline Reads: "Kindred faces $2 million verdict in nursing home assault case with no eyewitnesses" -from today's (2-24-14) McKnight's Long Term Care News




According to the Article: "A jury recently slapped Kindred Healthcare with a $2 million verdict in a resident abuse case that turned on testimony from medical experts, attorneys announced Thursday.

The plaintiff, 87-year-old Jeanne Stanford, was residing at a Kindred facility in Massachusetts when she was found with genital bruising and bleeding, according to court documents. Kindred argued she sustained the injuries in a fall, while her lawyers argued that she had been assaulted. ........

There were no eyewitnesses to an assault, so Stanford's legal team relied on hospital records and testimony from medical experts to make its case during the trial in December.

“At the time we learned of the allegations we conducted a thorough investigation and do not believe the assault occurred,” Kindred Vice-President of Communications Susan Moss told McKnight's. “In addition, the incident was investigated by the Department of Public Health and the Police and they did not substantiate that an assault occurred.”




Actually, As lead Trial counsel I can state that the primary testimony regarding the sexual assault came from 2 TREATING DOCTORS, first and foremost. Also the victim (who was NOT Jeanne Stanford as described above) had dementia and had very pronounced short term memory loss. One assessment in the Defendant's own records indicated a memory as short as 5 minutes. The 85 year old victim wasn't interviewed by ANY Doctors, nurses or Police until the NEXT day - a period well beyond her memory capacity. One can assume that one possible reason Police didn't press charges was because the victim was incompetent to testify because of her memory deficits. Two male aides in charge of her care were relieved and never brought back to work there.




Kindred faces $2 million verdict in nursing home assault case with no eyewitnesses - Print Article - McKnight's Long Term Care News

Political Ad Claims Abuse at Nursing Homes

In the Republican race for governor, an ad paid for by unions was critical of candidate Bruce Rauner
because they claimed that a company he had a relationship to had instances of Nursing Home neglect resulting in Millions of dollars in Jury Verdicts.

The deaths of three women in two Florida nursing homes have been the subject of extensive litigation.

New Ad Claims Abuse at Rauner-Connected Nursing Homes | NBC Chicago

A nightmare nursing home - Editorial - Newsday

The Medford Multicare Center for Living fits the stereotype of the nursing home from hell. The place has an abominable 11-year record of nursing home abuse, neglect, cover-ups, health infractions, criminal convictions and multimillion-dollar paydays for the owners.

New York Attorney General Eric T. Schneiderman wrote a new chapter in that scandalous history last week when his office arrested seven employees in connection with the October 2012 death of Aurelia Rios, a 72-year-old resident who wasn't connected to a ventilator overnight, as ordered by her doctor. Among those arrested was a respiratory therapist accused of ignoring alarms that sounded every 15 seconds for two hours to indicate the ventilator wasn't connected, and also ignoring pager messages when the patient stopped breathing. The other six -- nurses, aides and managers -- were charged with allegedly allowing the death or covering it up. Two additional employees were charged with patient neglect unrelated to Rios. A nightmare nursing home - Editorial - Newsday

Massachusetts Attorney Bernard Hamill Advocate for the Elderly in Long-Term... -- BOSTON, Feb. 20, 2014

BOSTON, Feb. 20, 2014 /PRNewswire/ -- Attorney Bernard Hamill brought suit against Kindred Healthcare, Inc. alleging that his 85-year-old client had been assaulted at their facility. A Middlesex County jury entered a Massachusetts verdict for Hamill's client on Dec. 17th, 2013 for $2,000,014.00 against Kindred Healthcare, Inc.

The Plaintiff was found with a bruise and bleeding on her vaginal area. Hamill argued that the bruise was caused by abuse. Kindred argued that she had fallen. Because there were no eyewitnesses to any abuse, the defense contested Plaintiff's allegation strenuously, presenting expert medical testimony about falls and other medical conditions that could result in Plaintiff's injury.

Kindred's position was that since a police investigation resulted in no charges and a state investigation was inconclusive, there was no merit to Plaintiff''s claim. Plaintiff successfully argued that she had been assaulted and produced hospital records in support of their claim. The jury deliberated only 3 hours.

With interest the Verdict was $2,477,000.00 for emotional distress, loss of dignity and pain and suffering.

From the official court notice:

"Judgement on jury verdict for plaintiff(s), Jeanne Stanford POA:
It is ORDERED and ADJUDGED: That the plaintiff, Jeanne Stanford POA recover of the defendant(s), Kindred Healthcare, Inc., d/b/a Kindred Transitional Care and Rehabilitation-Marlborough, Kindred Nursing Centers East, L.L.C., Kindred Healthcare Operating, Inc. the sum of $2,014,000.00 with interest in the sum of $460,189.23 as provided by law, and its costs of action. (Paul D. Wilson, Justice). 12/18/2013"

No stranger to litigation against Kindred, Attorney Hamill previously obtained a judgment of $750,000 for two Kindred nursing home abuse victims who were handled roughly. This award was for purely emotional distress as there were no injuries. He advocates for elderly nursing home residents and has a successful track record including the highest awards for emotional distress caused by nursing home abuse.

This award represents the largest jury verdict ever awarded in Massachusetts for nursing home abuse.



Massachusetts Attorney Bernard Hamill Advocate for the Elderly in Long-Term... -- BOSTON, Feb. 20, 2014 /PRNewswire/

Nursing Home Staffer Raped Patient according to NY Police

A Bronx nursing home nurse was arrested Tuesday, accused of raping a 64-year-old patient who cannot communicate, police and relatives say. 

Police said the 42-year-old supervising nurse at Manhattanville Health Care Center in the Bronx has been charged with nursing home rape. The alleged attack took place overnight into Tuesday as the woman was sleeping. 

Bronx Nursing Home Staffer Raped Patient: Police | NBC New York

Elder advocate criticizes new Florida nursing home bill

A Senate committee Tuesday gave swift approval to a bill that is being panned by some elder advocates as a bill designed to help nursing homes and trial lawyers make money but do little to help residents.

The bill would shield some nursing home investors from lawsuits. The bill also would give families easier access to documents.

Read more here: http://miamiherald.typepad.com/nakedpolitics/2014/02/elder-advocates-blast-and-lawyers-and-nursing-homes-for-self-serving-accord.html#storylink=cpy

Elder advocate blasts lawyers and nursing homes for self-serving accord | Naked Politics

Dementia care rules finalized for Massachusetts nursing homes

Workers in nursing home dementia care units will have to receive eight hours of initial training and four additional hours annually, under final rules state regulators adopted Wednesday.

The regulations, approved nearly two years after Massachusetts lawmakers passed legislation mandating minimum standards for these specialized units, also require that the facilities have at least one “therapeutic activities director” dedicated to the dementia unit to ensure meaningful and appropriate activities for residents.

The rules close a loophole that had allowed nursing homes to advertise dementia units without any specific training for their workers, specialized activities for residents, or safety measures in place, such as high fences, to prevent residents from wandering.

“These regulations have really been a labor of love for thousands of people affected by this difficult disease,” James Wessler, chief executive of the Alzheimer’s Association of Massachusetts and New Hampshire, said in a statement.

Few changes were made in the dementia care standards since they were unveiled last August by the Massachusetts Department of Public Health. They were finalized Wednesday by the Public Health Council, an appointed body of academics and health advocates that sets public policy

Dementia care rules finalized for Massachusetts nursing homes - Health & wellness - The Boston Globe



by Bernard Hamill



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