Tuesday, August 11, 2009

NY nurse aide convicted of elder abuse

In a horrible report detailing an incident of nursing home abuse, a North Salem, New York nursing home aide tied an 83-year-old woman to her wheelchair with a bed sheet, deposited her in a common room, shut the lights out, and napped. The certified nurse’s aide napped for about one hour while the woman was tied to the chair.
According to LoHud, the incident took place at the Waterview Hills Rehabilitation and Nursing Home. Pierre Obas, 72, pleaded guilty to violating public health law involving the abuse, neglect, and mistreatment of a person, said LoHud, a misdemeanor offense. Obas was required to surrender his certification and is not allowed to work in a nurse’s aide capacity for a year from his April 27 sentencing said LoHud, citing court records.
see full article

Monday, August 10, 2009

How to Find a Safe Nursing Home for Loved Ones

1. The more time you have to choose the better
Try to anticipate when your loved one may need nursing care rather than limiting your choices by last minute emergencies.

2. Let your loved one participate in choosing the home.
If your loved one is able emotionally and mentally to review his/her choices it always is better.

3. Visit the home several times
See how many residents are up and dressed after breakfast. Does the facility smell? Are most of the people dressed, engaged in activities? Or do they collectively sit in a holding area for a large part of the day in nightgowns and pajama's? How many over 100 year patients are there - that could be a sign of good care. What is the average length of stay for a resident....

4. Investigate The Nursing Home
The left hand links column in this site has multiple links where you can look up your nursing homes. Pro Publica and Nursing Home Compare has a website to compare nursing homes.
State Departments of Public Health have public information on the quality of care provided.

5. Try the suit on before you buy it
Have a meal in their dining hall. Talk to CNA's, Nurses and residents about how they like the Home. Ask about staffing levels and turnover. Watch the communication and treatment between aides and residents: are they friendly and relaxed or rushed and put out.

6. Proximity to family
Frequent visits from family are crucial and trump many other factors. If the home is near family you will have more visits.

Bernard Hamill

Chicago Nursing Home : no additional staff needed

Alden Management Services did not pledge to hire additional staff in a meeting this month with the Illinois Department of Public Health.

Substantial differences in the quality of care residents received at the black homes compared with white facilities has been alleged.

The company did not commit to hiring additional staff for the majority-black facilities, noting that the staffing levels are adequate for the type of care that is needed at those homes.

Sunday, August 09, 2009

New Hampshire is investigating nursing home on allegations of neglect

The New Hampshire Department of Health and Human Services is investigating the Elms nursing home on allegations of nursing home abuse and neglect.

Manchester, NH– An elderly mans death brings suspicions of nursing home abuse and neglect at The Elms nursing home. An investigation has been launched after concerns were raised by the staff at an area hospital when they noticed poorly treated wounds on the man’s legs, as reported by UnionLeader.com.

The 87-year-old unidentified man died Friday, July 17, 2009 at The Elm’s nursing home. The elderly man was admitted to the Southern New Hampshire Medical Center for unknown medical reasons when the hospital staff became suspicious. The man had serious sores on his legs, which had been wrapped in ace bandages with the skin growing over the bandages. When hospital staff removed the bandages and found the nursing home personnel did not properly treat the sores. Upon further inspection, medical professionals found the man’s catheter was blocked with blood and his genitals were severely swollen. In addition, the elderly man also suffered from dementia and diabetes, and had cuts and an abrasion all over his body, and was unresponsive to nurses and doctors. Doctors and area police alerted the Attorney General’s office and the Department of Health and Human Services Elder Services Division (HHS) http://www.hhs.gov/ of the alleged nursing home abuse on June 28. A full investigation of the case will determine if any legal action will be taken.

See article

Saturday, August 08, 2009

Workers take pictures of naked elders in Nursing Home

GALAX, Va. -- Two workers at the Waddell Nursing and Rehabilitation Center in Galax have been charged with taking naked photographs of patients without their consent.

The Galax Police Department began the investigation after receiving a tip. As a result of the investigation, police arrested Sharon Ann Walker, 29, and Livia Dawn Crisan, 25. Crisan's age was originally listed as 35. Police corrected her age Friday afternoon.

Police said the incidents happened between April 1 and July 15. Wooddell said the two had snapped the pictures using their cell phones.

see full article

NY man serves jail time in nursing home abuse case

A former certified nurse assistant at a Tupper Lake nursing home has been sentenced to time served after pleading guilty to abusing an elderly patient.
John Ette, 42, of Tupper Lake, was arrested in May for physically abusing an 88-year-old resident of Adirondack Medical Center's Mercy nursing home on Oct. 20, 2008.
The state Attorney General's Office said Ette admitted to investigators that he struck the bedridden woman in the face, grabbed her arm and pushed her into her wheelchair. She suffered severe facial bruising and a broken collarbone.
Nursing home staff noticed the woman's injuries the next morning and notified AMC officials, who reported the incident to the state Department of Health. The matter was then referred to the Attorney General's Office for investigation.
Ette was initially charged with endangering the welfare of a vulnerable elderly person in the second degree, a felony; endangering the welfare of an incompetent or physically disabled person, a misdemeanor; and willful violation of health laws, a misdemeanor. He could have faced up to four years behind bars if convicted on all counts.
You will note from an earlier post that a Massachusetts CNA was undicted for criminal charges charging her with abuse of nursing home residents.

see full article

Elder Abuse Death Rate 6X Higher!

A recent study reveals some disturbing data on senior care and elder abuse. According to the research conducted at Rush University Medical Center in Chicago, the risk of death increases significantly—nearly six-fold—when seniors do not care for themselves, reported Medicine Net. The findings appear in the August 5th issue of the Journal of the American Medical Association (JAMA).
Also, when seniors are abused—emotionally, physically, financially, sexually, or through neglect—the risk of death increases by more than double, according the study, said Medicine Net. “Elder self-neglect and abuse really have severe consequences,” said Dr. XinQi Dong, study author and associate professor of medicine at Rush, quoted Medicine Net. According to Dr. Dong, the research indicated that “it’s not just the cognitively impaired,” citing patients with Alzheimer’s disease and dementia, affected by these trends, “Even more capable seniors face a higher risk of premature death from self-neglect,” he said, reported Medicine Net.
According to Dr. Thomas Gill, who authored an accompanying editorial in JAMA, self-neglect in the senior demographic is the most common reason a patient is referred to adult protective services, said Medicine Net.
We’ve been following the widespread issue of nursing home abuse for some time. Last year, the former Bush administration finally published the names of 131 of the nation’s worst nursing homes. And, in a harrowing example of the widespread problem of elder abuse and negligence, last year, the family of a deceased Norwich, Connecticut man filed what is believed to be the first wrongful death lawsuit against officials at Connecticut’s largest nursing home chain: Haven Healthcare. The suit claimed that misappropriation of Haven funds by Chief Executive Officer Raymond Termini contributed to “deplorable conditions.”
In that case, the family also sought permission to sue the state departments of public health and social services, and Nancy Shaffer, the state’s long-term care ombudsman, for failing to investigate and act on complaints lodged by the family.
Self-neglect, or one’s inability to care for oneself, involves not providing sufficient “food, water, clothing, shelter … necessary medications, and not following basic hygiene practices,” said Medicine Net, citing both the study and the accompanying editorial.
The team looked at 9,318 Chicago residents over the age of 65, who were participating in the Chicago Health and Aging Project, said Medicine Net, which said the review looked at the period from 1993 to 2005; social service agencies reported self-neglect on 1,544 participants and abuse on 113. In seven years, over 4,300 participants died.
Earlier this year we wrote that two nursing homes in the Rochester, New York area were embroiled in an abuse scandal in which one certified nurse aide at the Kirkhaven Nursing Home in Rochester, and another who worked at the Edna Tina Wilson Living Center in Greece, NY, were arrested as part of a state-wide probe into nursing abuse and healthcare fraud.
Unfortunately nursing home abuse is a common crime. The National Center on Elder Abuse estimates at least one in 20 nursing home patients has been the victim of negligence and or abuse, though it concedes that the number is probably higher. According to the National Center’s study, 57 percent of nurses’ aides in long-term care facilities admitted to having witnessed, and even participating in, acts of negligence and abuse. Data from the U.S. Centers for Disease Control and Prevention show that nursing home neglect played role in the deaths of nearly 14,000 nursing home patients between 1999 and 2002.

see article

Doctor Accountability - Let's see Doctor's Records

In a recent op-ed piece, the CEO of the New York State Health Foundation proposed setting up patient compensation funds as part of a comprehensive reform package. What he failed to specify was who would supply the funding.
If the doctors and insurers were to kick in without raising their rates, the idea sounds promising. But not if the public is expected to be the funding source.
A better suggestion is to put on the Internet the names of all doctors in the state who have been sued for malpractice in the last 15 years, the amount of any settlement or dollar award to the injured party and any action taken by the state medical society to chastise the defendant in the action.
If the public is given the legal right to look at the malpractice record of doctors in advance, the amount of malpractice litigation would greatly decrease.
Unfortunately, the lobbyists working for the doctors control the state Legislature.
The Golden Rule states "He who has the gold rules."

for more see article.

Health Care Reform in the face of "Gouging" excessive Salaries

There is a simple answer to the far right's new favorite chant against health care reform — "What's Wrong With Profit?". Nothing. There is nothing inherently wrong with making a profit. But their question misses a point.

Profit, for a while now, hasn't been a problem for the health insurance industry. During the 20 years or so between our attempts at reforming health care, the industry's done quite well. CEOs like United Health's Stephen Hemsley — with $13.2 million in earnings from 2007, and stock options totalling three quarters of a billion dollars — have done quite well. He's in good company.
In the same year, the CEOs of the top seven for-profit insurers averaged $14.2 million in compensation. According to one report, the industry's profits were $65 billion in 2007, down from $67.6 billion in 2006, but well above $48.8 billion in 2005. In 2003, they doubled their profits from 2002.

see more in article..

Federal rule change affects nursing home litigation

Article from:
Lawyers USA
Article date:
March 3, 2009
A federal rule change slipped into effect in the waning days of the Bush administration could cripple nursing home malpractice litigation.
The rule change (45 CFR part 2) classifies state nursing home inspectors and Medicare and Medicaid contractors as federal Health and Human Services employees, and allows them to testify in third- party lawsuits only with the approval of the federal agency's head.
The change was issued last September, but began attracting the attention of plaintiffs' lawyers in November when state health departments started refusing to comply with requests for documents and depositions.

Friday, August 07, 2009

AZ malpractice claim settled after birth injures baby, mom

PHOENIX -- Maricopa County will pay $312,000 to the family of a boy who suffered permanent injuries during childbirth more than six years ago. The county's Board of Supervisors approved the settlement Wednesday. According to a medical malpractice claim, the medical staff at Maricopa Medical Center failed to offer Estela Cruz a Cesarean section in May 2003 despite ultrasound scans that depicted a baby of "enormous size." As a result, the claim says her son Jose was delivered vaginally, causing severe damage to his right shoulder as well as injuries to the mother. The claim says Jose Cruz weighed 12 pounds, 1 ounce when he was born. The medical malpractice claim was filed against MedPro, the hospital's contracted physicians group. Maricopa County operated the medical center at the time. MedPro and the county settled the case for an undisclosed amount and county's portion was $312,000.

source

Sunday, May 10, 2009

Nursing Home Resident Falls to Death - Negligence suspected

The Chicago Police Department said it appeared to be a suicide. The Cook County Office of the Medical Examiner said it was an accident. But when 84-year-old Bennie Saxon fell four stories to his death May 4 at a predominantly black South Side nursing home, a lawyer retained by his family said it could be neglect.

An investigation by The Chicago Reporter found that the facility has the worst rating a nursing home can get—three times the number of lawsuits of half of Chicago nursing homes.

see nursing home fall article

Monday, November 10, 2008

Kindred Settles Abuse Lawsuit during trial

Read from the webpage of a Massachusetts Nursing Home Attorney recently:

"Kindred East, LLC DBA Franklin Nursing and Rehabilitation recently settled an assault/abuse lawsuit against them during Trial in Massachusetts Norfolk Superior Court in front of Judge Patrick Brady. Opening statements were given to the Jury by Attorney Hamill and the first witnesses testified. Descriptions by the witness of several assaults committed against the plaintiff and rough treatment and swearing were described. They were committed by a 53 year old nurses aid, Bernadette Stackpole. The following day as 6 more witnesses sat in the hallway ready to testify, Kindred settled the case for $425,000. Kindreds original offer was $10,000."

See the complete Kindred Abuse article

Sunday, June 29, 2008

Indictment alleges nurse was 'Angel of Death'

Daily Herald Indictment alleges nurse was 'Angel of Death': "A worker at a McHenry County nursing home gave patients dangerous doses of morphine and other drugs in 2006 with the permission of a facility director who told her to serve as an 'Angel of Death,' according a McHenry County grand jury.
Both women now face multiple felony charges alleging they jeopardized patients' lives, but authorities stopped short Friday of accusing either of killing or intending to kill the home's residents.
The indictments come after a 15-month state police investigation into the home sparked by allegations that a former employee had performed as many as six mercy killings at the Woodstock Residence nursing home in 2006."

Article

Friday, August 10, 2007

Kindred Loses 2 Abuse cases $750,000 ordered paid to Victims Families

Two Nursing Home Verdicts against Kindred: $750,000 for emotional distress damages

Several verdicts of interest:Two patients were treated inhumanely at a local Nursing Home. Suit was brought to hold the Nursing Home accountable. The nursing home did not treat these cases seriously at first only offering to settle one case for $10,000.

On June 4, 2007 two Plaintiffs represented by Hamill Law office of Quincy, MA. were awarded verdicts in two Nursing Home Abuse cases:

Client Clara H. was a 105 Nursing Home patient who we were able to prove was changed 'roughly' and inappropriately by a certified nurse aid. The Judge found that the abusive change was 'not isolated' and awarded her estate $300,000 for verbal and physical abuse causing emotional distress. There was no separate claim for personal injuries.

Jim H. was an 86 year old Nursing Home patient who was also changed 'roughly' in a manner that was painful and inappropriate. The Judge found that the abusive change was 'not isolated' and awarded his estate $450,000 for verbal and physical abuse causing emotional distress. There was no seperate claim for personal injuries.

Both clients had been dementia patients who were deceased at the time of trial. Both Verdicts were against Kindred Healthcare in Franklin,MA.

See Full Kindred Nursing Abuse article