Tuesday, December 08, 2009

nursing home abuse - elder care neglect |LawyersandSettlements.com

nursing home abuse - elder care neglect |LawyersandSettlements.com

A surveillance camera captured images of nursing home abuse in what has been deemed the second-worst elder care facility in the nation, according to the US Government Accountability Office (GAO).

Richmond Health and Rehabilitation Complex in Madison, also known as Madison Manor, was also ranked the worst facility in the state of Kentucky.

A total of ten Kentucky nursing homes made the national list of poor performers, with nine scoring below the national median. Madison Manor is owned by Extendicare, a for-profit chain that operates 21 facilities in the state. The Lexington Herald Leader reported Wednesday that three Extendicare facilities are on the GAO national list of worst performers.

Last year a hidden camera at the Richmond facility caught images of abuse inflicted on an 84-year-old resident by nursing aides. The resident, Armeda Thomas, has since died. However, in September of last year, Thomas' family hid a video camera in her room at Madison Manor in an effort to explain bruising on the resident's body.

Nursing assistants were seen physically abusing and taunting the Alzheimer's patient. The nursing assistants were also allegedly shown refusing to feed or bathe the resident. Nursing Home abuse is a form of medical malpractice.

Thomas died two months later. Her family proceeded to sue the nursing home, and three nurses' aides were indicted and charged with abuse, according to the Herald Leader. Jaclyn Dawn VanWinkle pleaded guilty earlier this year. Amanda G. Sallee stands trial in March and Valerie Lamb is set to enter a plea early in the new year.

Monday, December 07, 2009

Defendant faces trial in rape of 94-year-old Palo Alto woman - San Jose Mercury News

Defendant faces trial in rape of 94-year-old Palo Alto woman - San Jose Mercury News: "The man charged with raping a 94-year-old woman at her Palo Alto nursing home in 2002 appears headed for a jury trial.
In a five-hour preliminary hearing Friday, expert witnesses testified that compelling DNA evidence linked 42-year-old Roberto Recendes to the crime, and his former girlfriend identified a necklace found at the scene as belonging to him.
It was enough to convince Santa Clara County Superior Court Judge Thang Nguyen Barrett that there is probable cause to hold Recendes on charges that could send him to prison for life if he's convicted. But defense attorney Carl Beatty said he believes Friday's testimony also exposed some holes in the prosecution's story.
The case gained national notoriety after Palo Alto police arrested and extracted a confession from a suspect in 2002, only to see him exonerated by DNA evidence. Jorge Hernandez, a Gunn High School graduate who was 18 at the time, was released after three months in jail.
The case appeared as though it might go unsolved; the victim said she never knew her attacker's identity. But in 2004, Recendes was convicted on domestic violence charges in Sunnyvale, and a DNA sample was taken before he was deported to Mexico. Authorities discovered the match two years later and eventually tracked him down, and he was extradited to the United States in 2008.
Meanwhile, the victim died in 2006, according to staff at the Palo Alto Commons nursing home."

Nursing home blamed for resident's sepsis | Madison/St. Clair Record

Nursing home blamed for resident's sepsis Madison/St. Clair Record

Nursing home blamed for resident's sepsis
A woman died after employees at an Illinois nursing home allowed her pressure sores to deteriorate, causing sepsis to flow throughout her blood, a man claims in a medical malpractice lawsuit.

Steven Steiner filed a lawsuit Nov. 30 in St. Clair County Circuit Court against Caseyville Nursing and Rehabilitation Center and Caseyville Property.

Steven Steiner claims Anderson Hospital admitted Theresa Mary Steiner on Dec. 6, 2008, after she began experiencing abdominal bleeding.

On Dec. 12, 2008, Caseyville Nursing and Rehabilitation Center admitted Theresa Steiner as its patient, according to the complaint. At the time of her admission, Theresa Steiner had three stage II pressure sores on her buttocks and one pressure sore on each of her heels, the suit states.

However, by the time of her discharge on Dec. 19, 2008, Theresa Steiner had three stage IV pressure sores on her buttocks and multiple pressure sores on her heels, the complaint says.

"Steiner sustained personal injuries, including, but not limited to, development and deterioration of her pressure sores on her buttocks and bilateral heels which, in turn, led to Steiner developing sepsis throughout her bloodstream," the suit states. "On December 19, 2008, Theresa Steiner was hospitalized at Memorial Hospital in Belleville, Illinois, where she subsequently died on January 7, 2009, due to sepsis and acute respiratory failure."

Before her death, Theresa Steiner experienced severe pain and suffering, mental anguish, emotional distress and loss of dignity, Steven Steiner claims.

Steven Steiner blames the defendants for a number of negligent acts, including their failure to properly screen Theresa Steiner before admitting her, their failure to have an adequate wound care nurse on staff, their failure to develop an appropriate plan to treat Theresa Steiner's pressure sores, their failure to advise Theresa Steiner's physician of the deterioration of her pressure sores and their failure to adopt appropriate policies to treat pressure sores.

Wednesday, November 25, 2009

Registered sex offender groped mentally impaired woman in nursing home, government report states -- chicagotribune.com

Registered sex offender groped mentally impaired woman in nursing home, government report states -- chicagotribune.com: "Contrary to a nursing home's assurance that a registered sex offender presented no recent problems, a newly obtained government report and interviews show that the man allegedly groped a mentally impaired woman at the facility last month.

The Asta Care Center of Toluca in central Illinois failed to fully investigate the incident, implement an appropriate care plan for the sexual predator, Frank Aoskad, or properly monitor him to protect others, according to a Department of Public Health report obtained by the Tribune Friday.

The Facility acknowledged that administrators erred in not interviewing Aoskad or the female about the alleged sexual abuse, as required. But they disputed the state's claim that the nursing home did not monitor Aoskad or have a proper care plan for him.

A Tribune article Friday chronicled allegations of sexual abuse against Aoskad, 80, as part of a wider examination of Illinois nursing homes' failures to notify local law enforcement that they housed convicted sex offenders, as required by law, or to implement plans to isolate, monitor and treat the offenders inside the facilities.

Aoskad is alleged to have molested female residents in two prior incidents at the Asta Toluca home and a sister facility in Bloomington, according to state investigators."

10 Ky. nursing homes among worst in country - Latest News - Kentucky.com

10 Ky. nursing homes among worst in country - Latest News - Kentucky.com: "Ten nursing homes in Kentucky, including one in Lexington, are among the most poorly performing in the United States, according to a report by the U.S. Government Accountability Office.
And, according to the GAO, which provides oversight of federal agencies for Congress, the nursing home receiving the worst scores in Kentucky was also the second most poorly performing nursing home in the United States. The report did not say which of the 10 named in Kentucky was the worst, and GAO official John Dicken said he could not provide the name.
Only 15 states had more poorly performing nursing homes than Kentucky, according to the report."

New York Injury News- Drugged: Illinois nursing home residents victimized - Injury News

New York Injury News- Drugged: Illinois nursing home residents victimized - Injury News: "Legal news for Illinois nursing home abuse attorneys. Nursing home residents throughout Illinois have been given dangerous drugs without cause.
Illinois nursing homes exposed for giving residents psychotropic drug treatment without cause or consent.
Chicago, IL—An in-depth investigative report compiled by the Chicago Tribune, exposed the ugly truth behind the treatment of the fail and vulnerable elderly nursing homes residents throughout the state of Illinois. The explosive report sheds light on the dark practices of Illinois nursing home caregivers who administer powerful and dangerous psychotropic drugs, which have led to debilitating injuries and even death among some of our most vulnerable residents."

State police sweeps removing sex offenders and ex-convicts from nursing homes were halted in 2006 -- chicagotribune.com

State police sweeps removing sex offenders and ex-convicts from nursing homes were halted in 2006 -- chicagotribune.com: "Amid reports that elderly and disabled residents were being assaulted and raped in nursing facilities, a state police unit in 2001 began raiding the homes to haul out unregistered sex offenders and ex-convicts with outstanding arrest warrants for crimes ranging from armed robbery to murder.

Elderly residents lined the corridors to applaud as Illinois State Police marched young thugs and sex offenders out of the nursing homes.

'Everybody was cheering,' former state police Sgt. Rick Klimes recalled.

'We would walk these felons out and the older people would be so glad that we were getting rid of them.'

From January 2005 through June 2006, when 20 northern Illinois nursing homes were swept and roughly 80 fugitives and sex offenders removed, state police in that area recorded a nearly 67 percent decrease in nursing home abuse and neglect complaints, according to a department citation issued to the sweeps unit."

Thursday, November 05, 2009

Ex-nursing home employee gets jail

LAS CRUCES - A 35-year-old former nursing home employee convicted of resident abuse received the maximum jail sentence in Las Cruces District Court on Wednesday, according to District Attorney Susana Martinez.

Judge Lisa Schultz sentenced Joseph Anthony Garcia to the maximum 18 months in jail, plus four years' enhancement for two prior convictions on felony charges of breaking and entering and cocaine trafficking.

Garcia, with a P.O. Box in Las Cruces and street addresses in Truth or Consequences and Albuquerque, was indicted on a charge of abuse of a nursing home resident on Sept. 7, 2007.

Garcia's background was never checked before becoming employed at Las Cruces Nursing Home, Martinez said. While working there, Garcia beat a 76-year-old man about the head, chest, stomach and back while preparing him for bed, Martinez said. She said the man has since recovered.

http://www.lcsun-news.com/las_cruces-news/ci_13717579

Monday, November 02, 2009

Psychotropic drugs given to nursing home patients without cause

Frail and vulnerable residents of nursing homes throughout Illinois are being dosed with powerful psychotropic drugs, leading to tremors, dangerous lethargy and a higher risk of harmful falls or even death, a Tribune investigation has found.

Thousands of elderly and disabled people have been affected, many of them drugged without their consent or without a legitimate psychiatric diagnosis that would justify treatment, state and federal inspection reports show.

Lloyd Berkley, 74, was in a nursing home near Peoria for less than a day before staff members held him down and injected him with a large amount of an antipsychotic drug, according to a state citation. A few hours later he fell, suffering a fatal head injury.

One woman was given a psychotropic drug partly because she refused to wear a bra. Nursing home staff administered an antipsychotic medication to an 87-year-old man because he was "easily annoyed."

In all, the Tribune identified 1,200 violations at Illinois nursing homes involving psychotropic medications since 2001. Those infractions affected 2,900 patients.

The actual numbers are likely far higher because regulators inspect some facilities just once every 15 months, and even then they usually check only a small sample of residents for harm.

The Tribune's unprecedented review of more than 40,000 state and federal inspection reports found that nursing homes ranging from "five-star" establishments on the North Shore to run-down facilities in urban neighborhoods have been cited for improperly administering psychotropic drugs.

The paper's review took into account violations for "chemical restraint" and "unnecessary drugs" as well as cases involving dosages that exceeded safety standards or falls in which psychotropics possibly played a role.

While some nursing home residents suffer from major mental illnesses, such as schizophrenia, the inspection reports show that many patients harmed by antipsychotic drugs had not been diagnosed with psychosis. They were disabled by Alzheimer's disease, cancer or Parkinson's disease. Some were blind or so frail that they could not breathe without the aid of an oxygen tank.

The findings come at a difficult time for Illinois nursing homes, which are already under fire for housing violent felons alongside geriatric patients and for failing to accurately assess the risk posed by the most serious offenders.

The misuse of psychotropics, which some experts say is a nationwide problem in nursing homes, suggests a troubling future for many seniors. The Tribune found 12 patients, including Berkley, whose deaths led to nursing home citations involving misuse of psychotropics.

In testimony before Congress two years ago, Food and Drug Administration estimated that thousands of nursing home residents die each year because antipsychotic drugs are administered to patients who are not mentally ill. Graham is known for blowing the whistle on Vioxx, the painkiller tied to heart attacks, but his warning on the psychotropics issue has drawn little attention.

New York researcher Christie Teigland, who is analyzing medical data on 275,000 nursing home residents with dementia, said she is finding that those on psychotropic drugs were more likely to fall or experience general decline than others.

SunBridge Nursing home cited after man's genitals disintegrate

An Everett nursing home is facing a lawsuit after an elderly resident's genitals disintegrated while staff allegedly failed to act.

Charles Bradley, then 93, arrived at Everett Care & Rehabilitation in the winter of 2004, suffering from the usual maladies of old age, according to court documents. He continued to live at the nursing home until two weeks before his death, which came on March 31, 2008, when he was rushed to the emergency room with a life-threatening -- but previously undetected -- malady.

In court documents, attorneys for Bradley's family claim staff at the nursing home left a wound on the elderly man untreated for months. That injury, apparently the result of an undiagnosed penile cancer, purportedly contributed to his death.

By allowing Bradley's injury to fester and worsen for months, plaintiffs' attorney claimed, the nursing home and parent company SunBridge Healthcare Corp. violated a promise to care for him

According to the complaint, staff at Everett Care & Rehabilitation noticed that Bradley's skin was breaking down while changing his diaper in November 2007.

Though staff notified a care manager, that manager allegedly failed to notify Bradley's doctor. Instead, according to the allegations, the manager "left to go on vacation and 'forgot' to tell the doctor."

During the four months that followed the initial notice of the wound, Bradley's genitals essentially broke apart bit by bit, the complaint contends, while the elderly man steadily lost weight. The injury was not treated until Bradley was taken to the Providence Medical Center on March 13, 2008.

Initially diagnosing Bradley with pneumonia, doctors there found only an infected, open wound on the man's groin, according to the complaint. Doctors later determined that Bradley was afflicted with penile cancer; Bradley died two weeks later.

"There was no evidence the facility had contacted the resident's physician … to allow for timely medical intervention," the state investigators said in an investigatory report provided by DSHS. "There was no evidence the facility had contracted their social services department or the resident's family." The center was cited and forced to take corrective action.

Article

Wednesday, October 21, 2009

Arbitration Panel Finds for Nursing Home Pressue Sore Victim

An arbitration panel found in favor of the estate of Mrs. Voncil Sherrod, who died on 3/24/05 from gangrene, which developed during her residency at High Pointe Health and Rehabilitation, a Mariner Health Care nursing home in Tennessee.

The causes of action included claims for ordinary negligence, violation of the Tennessee Adult Protection Act (TAPA), and medical malpractice. Plaintiffs sought to recover compensatory and punitive damages, together with attorneys fees for violation of TAPA. Claims were asserted against Mariner Health Care, Inc. (the parent corporation), Mariner Health Care Management (the management company), and National Heritage Realty, Inc. (the licensee). Plaintiffs averred that the three companies operated the facility as a joint venture and that they served as the alter egos of one another.

"It is outrageous that Mrs. Sherrod was treated so horrifically. She wasn't turned and repositioned and developed terrible pressure ulcers. She wasn't kept clean and developed infections. In addition, she suffered the indignity of languishing in her own waste for long periods of time. We can only hope that other nursing homes take heed and reconsider the way in which they operate their facilities. It is particularly satisfying to have unanimous decisions when you seek justice for a negligence victim's family," said Kenneth Connor.

The arbitration panel, was comprised of two former trial and appellate judges and a lawyer who had represented Mariner. The parties each selected an arbitrator and those two arbitrators picked a third arbitrator who presided over the proceeding. The panel rendered its award, finding unanimously for the Plaintiff on the ordinary negligence, medical malpractice and TAPA survival claims. The damage awards (items X and XII in the link) were determined by a majority of the panel. A copy of the Arbitration Panel's findings is linked here: (http://www.marksfirm.com/pdf/media%20cover/TN_tapa_malpractice.pdf)

The amounts awarded, totaling $2,773,396.32 were as follows:

  • TAPA violations -- $250,000
  • Attorneys fees for intentional, malicious or fraudulent misconduct resulting in a TAPA violation -- $400,000
  • Medical malpractice -- $626,396.32
  • Punitive damages -- $1,500,000
see article

Arbitration Panel Finds in Favor of Tennessee Victim of Mariner Nursing Home

Arbitration Panel Finds in Favor of Tennessee Victim of Mariner Nursing Home

Thursday, October 15, 2009

Battle Zone - Nursing Homes?

In a nursing home near Denver, Sharon Kenney’s mother was waiting, and waiting, for an aide to answer her call bell and help her to the bathroom. Her daughter stayed on the phone with her for 45 increasingly desperate minutes. Finally Ms. Kenney hung up, called the desk nurse and asked that someone be sent to assist her mother. The ensuing conversation, as she recalls it:

Nurse: “We’re really busy and we have a lot of residents here. You’ll have to wait your turn.”

Ms. Kenney (after long pause): “That’s not the answer I was expecting. The answer I was expecting was, ‘I’m so sorry, we’ll send someone right down there.’”

Nurse: “I only have one person on that wing. She needs to wait.”

Ms. Kenney: “Maybe you could go down and help her. Do I have to drive over there and help her myself?”

The nurse and Ms. Kenney made peace a few days later, but whenever there’s a problem, a question, a tiff, Ms. Kenney takes notes. Her motto for dealing with the staff, even at an excellent nursing home where her mother lives happily: “Be as polite as possible. But relentless.”

On the other hand, and there is always another hand, Tracy Dudzinski, a certified nursing assistant, worked in a central Wisconsin nursing home for seven years. Interactions with residents’ relatives usually remained pleasant but, she said, “Some family members were rather rude. They thought you were their slave: ‘Do this, do that, do it now.’ They were bossy — they talked down to you. I don’t think most of them realized one aide was responsible for eight to 15 patients.”

Nursing home staff and family members tangle — how could it be otherwise? Family members, doing something no one ever really wants to do, grapple with stress, guilt and raw emotion as they turn daily care for a loved one over to strangers. And virtually all nursing homes are chronically short-staffed, with too few aides and nurses scurrying to help too many residents, who are more impaired and suffer higher rates of dementia than their peers a couple of decades ago. Even staffers who want to provide warm, personal attention rarely have the time.

“Staff and family members often have very strong stereotypes about one another,” said Karl Pillemer, a gerontologist at Cornell University who has researched these relationships for 20 years. “The staff sometimes feel families complain excessively — they’re too demanding. On the flip side, families sometimes feel that staff aren’t sufficiently caring, that staff are rude to them . . . . They often feel they have to coach the staff about how to care for their relative.”

“And then you add the situation where often staff and family are culturally different,” Dr. Pillemer continued. “They don’t come from the same socioeconomic status; they may be racially and ethnically different. Even though both share a common goal, the circumstances provide a fertile environment for conflict, anger and misunderstanding.”

Take my friend Cynthia Dyer-Bennet, usually an even-tempered sort. She grew frustrated when the aides caring for her mother in a dementia facility outside San Francisco seemed to routinely neglect brushing her teeth. “I could tell because her toothbrush was always bone-dry,” Ms. Dyer-Bennet said. The staff denied any problem. “They’d say, ‘We did brush her teeth.’ I’d say, ‘No, look, here’s her toothbrush — it’s dry at 9:30 in the morning.’ They’d lie to me.”

She understood that with three aides caring for 27 residents, the staff was doing its best. She knew, firsthand, that with an Alzheimer’s patient, brushing teeth can take 20 minutes. But she persisted, citing what she saw as broken promises about diet and activities, as well as oral hygiene. “It reached the point where the caregivers didn’t want to see me because I was waving a toothbrush, and the administrators didn’t want to see me because they didn’t want to hear complaints,” Ms. Dyer-Bennet said. She eventually moved her mother elsewhere.

Fighting with people who should be partners is miserable for all parties (and raises families’ fears that aides may retaliate by ignoring, or even harming, relatives). But the consequences go beyond mere unpleasantness, research by Dr. Pillemer and his colleagues show.

Family members who perceive conflict with staff have significantly higher levels of depression, according to a 2007 study conducted in 20 upstate New York nursing homes. And interviews with nearly 700 nursing home nurses and nursing assistants revealed that conflict with family members increases staff burnout and lowers job satisfaction, which contributes to the sky-high staff turnover rates that already plague many nursing homes.

Family-staff frictions can be ameliorated, though. Connie Kreider, a C.N.A. in Lancaster County, Pa., nursing homes for 12 years, has seen it happen. “If families see who you are, get to know you, if you ask for their opinions so they feel comfortable with you, you iron things out,” she said.

Officials find sexual abuse at St. Louis Park nursing home

ST. PAUL, Minn. (AP) -- State investigators are reporting that a nursing assistant at a St. Louis Park nursing home sexually abused a resident who has dementia.

The report released Thursday says Texas Terrace Care Center has suspended the employee and police have referred the case for possible criminal sexual conduct charges.

Four earlier cases of nursing home abuse have been uncovered in Minnesota since August 2008.

In the latest finding, the state Health Department says the resident reported that the nursing assistant kissed her on the mouth and touched her sexually in July. Two other residents said the employee had kissed them, with one saying he touched her stomach.