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.

Saturday, October 03, 2009

Medical Malpractice Nursing Home Abuse Neglect: Illinois ranks high on bad nursing home report

Medical Malpractice Nursing Home Abuse Neglect: Illinois ranks high on bad nursing home report

Illinois ranks high on bad nursing home report

Illinois has the nation’s second-highest number of nursing homes that have been flagged as having poor quality, according to a new federal report.

Forty-seven Illinois nursing homes are among facilities that perform “most poorly” on quality-of-care measures, according to a study released by the General Accounting Office. It’s second only to Indiana’s 52 facilities.

The report rated homes on staffing levels, procedures to prevent bed sores, measures to prevent abuse and neglect and other factors. Ones that were included among the poorly performing facilities averaged a 46% greater number of serious deficiencies that harmed residents when compared to other homes.

The study recommends vastly expanding a federal program that closely monitors U.S. nursing homes with the worst quality ratings, to 580 facilities from the current 136. The GAO did not list the facilities by name.

It also highlights a shortcoming in the way that program, run by the Centers for Medicare and Medicaid Services, is administered. The 136 homes that now undergo more-frequent inspections are the worst performers in their respective states. But some states, like Illinois, perform worse than others, which means many homes that deserve closer scrutiny slip through the cracks.

The study urges CMS to consider a facility’s performance relative to other homes nationally, which likely would label many more Illinois facilities as poor performing.

CMS officials told the GAO they disagreed with relying solely on a national comparison. The agency said it would consider an approach that allows for a national comparison to have more weight.

Officials from the state’s largest nursing home trade group, the Health Care Council of Illinois, which represents for-profit facilities, said they hadn’t had a chance to review the report and would not be able to comment.

Homes rated as poorly performing tend to be larger, with an average of 102 residents; for-profit and part of a chain, and have an average of nearly 24% fewer registered-nurses hours relative to the number of patients.

Several large states had far fewer poor quality homes than Illinois, including Ohio (three), Pennsylvania (six); New York (18) and California (40).

Nationally, there are about 16,000 nursing homes. So the 580 homes that the GAO’s report describes as the worst-performing represents almost 4% of the nation's nursing homes.

Separately, the Chicago Tribune reported in a front-page story Tuesday that 15% of Illinois’ nursing home residents are mentally ill and more than 3% have been convicted of serious felonies. Illinois houses mentally ill patients in nursing homes at a rate greater than any other state, placing residents at greater risk of being harmed by other patients, the story says

http://www.chicagobusiness.com/cgi-bin/news.pl?id=35629

see also http://www.thesunnews.com/news/local/story/1079640.html

Tuesday, September 29, 2009

CNA Charged with Choking Elder Resident

PRINCETON — A certified nursing assistant at Good Samaritan Home and Rehabilitation Center in Oakland City is charged with choking and punching one of the facility’s residents.

Bryan C. Dillman, 29, of Oakland City, was arrested Thursday morning for a felony battery charge after police were called to the home in reference to a battery with injury on a woman living at the home.

According to an affidavit for probable cause, a nurse at the home, Sharlet Sillz, found Dillman asleep in a recliner in the room of DeeAnn Hoffman.

The affidavit says Sillz told Dillman she would not report him because “she knows that he is tired and that he has kids.”

Hoffman, who had been undergoing a test, went back to her room.

Sillz then told police she heard Hoffman yelling “please don’t hurt me” and Sillz heard a smacking noise coming from Hoffman’s room.

Dillman then quickly walked away and Sillz went into the room. According to the affidavit, Hoffman said to Sillz that Dillman had tried to choke her and hit her numerous times in the face.

After police spoke with Hoffman, she said she had told Dillman she was ready for a shower when Dillman jumped out of a chair, got behind her and put both hands around her neck and choked her.

According to the charging information, Hoffman told police Dillman punched her in the face with his fist."

Tri-State Media

Nursing Home Blamed For Patient Death | TriCities

Nursing Home Blamed For Patient Death TriCities: "BRISTOL, Tenn. – Ninety-eight-year-old Anne Brightwell died in a hospice bed June 16, family members said, after months of screaming over a fractured left femur that would not heal.
Her upper leg bone shattered Feb. 6, when a hammock sling, used by Cambridge House nursing home staff to hoist her from a bed to a wheelchair, snapped. A medical examiner listed the broken femur as the cause of death on Brightwell’s death certificate.
Daughter Ruth Countiss said the fall could have been prevented, and accuses the nursing home of regularly using aging and tattered slings, but throwing newer equipment into use only when Tennessee Health Department inspectors arrived.
Three former Cambridge House employees say administrators hid daily-use equipment from inspectors, only to later pull it out after tucking away the newer items until the next state visit.
On Monday, Countiss filed a $2 million personal injury lawsuit in Bristol, Tenn. General Sessions Court arguing that Cambridge House “knowingly, intentionally and recklessly placed the safety of its residents .... in harm’s way to save money.”"

Article

Monday, September 28, 2009

CA Nursing Homes Carry No Insurance - Victims No Recovery for Abuse or Neglect

n 2007, Grover Brown, a paraplegic 37-year-old, debilitated by multiple sclerosis and Parkinson's disease, developed a pressure sore soon after arriving at the High Street Care Center in East Oakland.

The sore erupted in March. By August, surgeons had removed his tailbone because the wound had festered without treatment, court documents showed.

Brown is suing High Street Care Center, which had a long list of citations from the Department of Public Health — 164 between 2004 and 2008. The facility is owned by Trinity Health Systems, whose president, Randal Kleis, has operated about a dozen facilities across the state under several corporate names.

But Brown, now 39, likely won't see more than a token settlement from High Street Care Center because skilled-nursing facilities, nursing homes and assisted-living care facilities — charged with caring for the sickest and most helpless Americans whose numbers are rapidly growing each year — are not required to carry liability insurance. The amount of the settlement he may ultimately receive is unlikely to cover the cost of care Brown will require as the result of his shoddy treatment at the High StreetCare Center, Renneisen said. The government will end up picking up the tab for his care.

And Kleis' other assets are untouchable because they were legally registered as separate corporate entities — a common way operators shield themselves and their profits.

full article

Felons working in nursing homes?

Florida seniors and disabled adults too frail to live on their own have been beaten, neglected and robbed by caregivers with criminal records according to an article in the Sun Sentinel.

A cancer patient at a Pompano Beach assisted living facility watched helplessly from bed as a nurse's aide with a record for theft rifled through her handbag and stole $165.

A video camera caught an aide at a North Miami Beach group home for the disabled shoving a cerebral palsy patient face-first to the floor, busting her lip. The aide had previously pleaded guilty to criminal assault and never should have been working there.

More than 3,500 people with criminal records — including rape, robbery and murder — have been allowed to work with the elderly, disabled and infirm through exemptions granted by the state the past two decades, a Sun Sentinel investigation found. Hundreds more slipped through because employers failed to check their backgrounds or kept them on the job despite their criminal past.

Screening gaps

Florida has a patchwork of controls for checking caregivers of the elderly that seems to put more emphasis on protecting against embezzlement than safeguarding patients.

Article

Wednesday, September 16, 2009

Pressure Sore Kills

Verda Henry, a 73-year-old life-long NY resident, entered a County nursing home in 2005 after she fell and injured her arm, thinking she would receive therapy and be home in a month.

Two years later, after repeated denied requests to go home, the grandmother of 15 died in the New Rochelle nursing home, partially because of a horrific, infected bedsore, according to her family and court records.

Henry's daughter, Patricia, filed a Nursing Home lawsuit against the Sutton Park Center for Nursing and Rehabilitation and said she and her children visited her normally active mother every day at Sutton Park, often for eight hours.

"There would be a nurse and she would run between floors and they had no time," Henry said. "Nobody checks on her. Nobody feeds her. Every time we asked to take her home there was a reason we couldn't."

One day, Patricia Henry went to change her mother's gown and noticed the bedsore, already in an advanced stage, over her mother's tail bone.

Within days the sore was infected and she heard her mother's last words - screams - as doctors scraped at blackened skin.

"You could put your whole hand down in her back," she said. "You could see the bones and spinal cord. It was like raw meat. Mommy screamed until she couldn't scream no more."

An administrator at the home said it could not immediately comment on the case. South Shore Medical Center did not return a call for comment.

Bedsores, or pressure ulcers, are lesions caused by unrelieved pressure on the skin. They are largely preventable by making sure a patient is regularly moved or turned every two hours, but are also often fatal once infected.

Patricia Henry's lawyer said there is no systemwide recordkeeping of bedsores, so that patients or families comparing nursing homes can make informed decisions.

Henry said she wants justice for her mother, who died a painful death because of a negligent system.

"I'm sorry I saw it, but I'm glad I saw it," Henry said. "They weren't telling us how bad it was and my mother couldn't tell me anymore."



article

Pressure Sore Stats

Data from the National Nursing Home Survey, 2004

  • In 2004, about 159,000 current U.S. nursing home residents (11%) had pressure ulcers. Stage 2 pressure ulcers were the most common.
  • Residents aged 64 years and under were more likely than older residents to have pressure ulcers.
  • Residents of nursing homes for a year or less were more likely to have pressure ulcers than those with longer stays.
  • One in five nursing home residents with a recent weight loss had pressure ulcers.
  • Thirty-five percent of nursing home residents with stage 2 or higher (more severe) pressure ulcers received special wound care services in 2004.

Pressure ulcers, also known as bed sores, pressure sores, or decubitus ulcers, are wounds caused by unrelieved pressure on the skin (1). They usually develop over bony prominences, such as the elbow, heel, hip, shoulder, back, and back of the head (1-3). Pressure ulcers are serious medical conditions and one of the important measures of the quality of clinical care in nursing homes (1,4). From about 2% to 28% of nursing home residents have pressure ulcers (2,3). The most common system for staging pressure ulcers classifies them based on the depth of soft tissue damage, ranging from the least severe (stage 1) to the most severe (stage 4). There is persistent redness of skin in stage 1; a loss of partial thickness of skin appearing as an abrasion, blister, or shallow crater in stage 2; a loss of full thickness of skin, presented as a deep crater in stage 3; and a loss of full thickness of skin exposing muscle or bone in stage 4. Clinical practice guidelines for pressure ulcers have been developed and provide specific treatment recommendations for stage 2 or higher pressure ulcers, including proper wound care (5). This Data Brief presents the most recent national estimates of pressure ulcer prevalence, resident characteristics associated with pressure ulcers, and the use of wound care services in U.S. nursing homes.

Article


Monday, August 31, 2009

Nursing home aide accused of muffling patient

GRAND JUNCTION, Colo. — An aide at a Grand Junction nursing home has been arrested on charges of using a pillow to silence a screaming patient.

Twenty-three-year-old Errin Hubbard of Grand Junction was arrested Saturday on suspicion of third-degree assault of an at-risk victim and neglect of an at-risk victim.

Hubbard had an unlisted phone number and couldn't be reached for comment.

A heavily redacted affidavit released by police alleges another nurse's aide saw Hubbard put a pillow over the face of a patient at Larchwood Inns nursing home.

The affidavit says the patient, a woman diagnosed with multiple sclerosis, cannot walk on her own.

http://www.google.com/hostednews/ap/article/ALeqM5hQ3VQ4yJ9vreZ1xl1g7UmF_A3VMQD9A9VDS81


Saturday, August 29, 2009

Nursing Home Arbitration Preys on Vulnerable Seniors

More and more nursing home corporations are using forced arbitration clauses as a way to avoid accountability for their negligence. Inserted in the fine print of lengthy admission documents, many families are unaware they have signed away their rights until something tragic happens.

Families who face the stress and anxiety of placing a loved one in a nursing home are often in a frazzled state when signing these contracts and sometimes have no other options for care. Nursing homes frequently use tactics like allowing family members with no power of attorney to sign, asking patients with dementia or other debilitating conditions, forcing elderly spouses to sign and even gathering together a group of seniors without family members present in order to force them to sign.

The bipartisan Fairness in Nursing Home Arbitration Act (S. 512 / H.R. 1237), sponsored by Senators Mel Martinez (R-FL) and Herb Kohl (D-WI) and Rep. Linda Sanchez (D-CA) in the House, bans pre-dispute forced arbitration clauses from nursing home contracts. The House Judiciary committee passed the legislation in July and the Senate is expected to consider the legislation in committee before Congress goes out of session.

Legislation is needed to counter draconian Court decisions such as that in Massachusetts which recently upheld these agreements. See Decision. A major problem with Arbitration is that there is often very limited or no discovery allowed before a hearing.

The facts


Wednesday, August 26, 2009

Virginia Nursing Home Sexual Battery Charged

8-26-09
BRISTOL, Va. – The first time Patricia Davenport complained about a nursing aide’s mistreatment of a patient, she was told she saw it wrong.The second time Davenport complained – and no action was taken – she quit the nursing job she’d had for only six months at the National HealthCare nursing home on North Street.....

James W. Wright, 35, was indicted Tuesday on four counts of aggravated sexual battery. Each count stems from the investigation into the treatment of a different patient from 2000 to 2007, including the lady Davenport said she saw in the wheelchair and another patient who is blind, authorities said.

Davenport said the first time she stumbled upon the abuse of patients was in August 2007. It was the sound of a rocking wheelchair that grabbed her attention, she said, as she strode down a hallway. She peeked into a patient’s room and saw a woman shaking in her wheelchair. The woman’s shirt and bra had been shoved high on her chest. A nurse’s aide was standing behind the wheelchair, and he was reaching around to fondle the patient’s breasts.“She looked like she was just getting ready to break down,” Davenport said. “She just looked at you like ... she was so confused and hurt.”

Davenport said she quit soon after that incident.“You look at those people every day in the face knowing they’re getting abuse and you can’t do anything because nobody’s got your back,” Davenport said. “I don’t want to go back to nursing.”

full article