Dehydration Death Costs Nursing Home $6.5M

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Sometimes I'm amazed by the number of preventable situations that develop in nursing homes due to a facilities failure to provide basic care.  I mean, doesn't it seem obvious that facilities must provide food, water and a decent environment for their residents?  Am I oversimplifying nursing home care?  Perhaps, but the reality is that an overwhelming majority of nursing home injuries and deaths could be avoided if the facility were to provide this basic level of care.

The Columbus Dispatch reported on this type of preventable situation when it reported on the dehydration death of 61-year-old Peter Southard.  In 2005 Southard was admitted to Whetstone Gardens & Care Center in Columbus, Ohio for short-term nursing care to give his wife a break from her care-giving responsibilities.  Mrs. Southard was the primary caregiver for her husband since he suffered a stroke more than 20 years ago.  The stroke made it physically difficult for Southard to care for himself and realize when he was thirsty.  Unfortunately, the staff at Whetstone Gardens was unable to pick up on his special needs and he died shortly after his 15 day admission to the facility.  The cause of death was dehydration and kidney failure.

Southard's wife brought a wrongful death lawsuit against Whestone due to their failure to provide sufficient liquids to her husband.  Despite claims from the nursing home that the care they provided was sufficient and that Southard died due to dehydration from diarrhea, a jury recognized the facilities failure to provide basic care to this disabled man.  The Franklin County, Ohio jury awarded $500,000 for pain and suffering and $6 million to the wife and family for loss of society.

Dehydration Of Nursing Home Residents

Two out of five nursing home residents suffer from some form of dehydration.  Dehydration in nursing home residents can occur for a variety of reasons, including: diarrhea, the effects of medication, inability to perceive thirst, physical inability to drink or swallow and embarrassment related to incontinence.  Most of the the time, a resident's dehydration is due to inadequate care.  Common situations involving dehydration include:

  • Failure of the nursing home to employ adequate staff, which results in the staff's inability to properly feed the residents
  • Failure of the staff members to pay adequate attention to those residents needing assistance with eating
  • Failure to properly educate the staff on nutrition and feeding methods
  • Failure to provide proper supervision over those who provide nutritional services 

In addition to monitoring resident's intake of fluid, staff should be on the lookout for the following signs of dehydration:

  • Dark yellow urine
  • Sunken eyes
  • Ashen skin
  • Dry skin
  • Bleeding gums
  • Urinary tract infection
  • Weight loss

Is it really too much to ask that nursing homes provide necessities such as water to their residents.  I guess that is what the Whetstone Gardens and Care Center is asking themselves now.

Related Nursing Homes Abuse Blog Posts

Medical Examiner Rules Tennessee Nursing Home Death A Homicide

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We All Need Water

Nursing Home Negligence Lawsuit Claims Sunrise Senior Living Failed To Supervise Resident During Field Trip

The family of a Sunrise Senior Living resident has filed a lawsuit against the company for their failure to supervise the woman during an outing with the facilities activity director.  The lawsuit alleges that on December 2, 2007, Margaret McCauley went with other residents to a concert at a Chicago-area high school.  During the concert McCauley wandered from the concert hall and sustained multiple injuries.  The lawsuit claims the staff from Brighton Gardens Assisted Living of Orland Park, failed to:

  • Supervise the resident-- despite the fact that they knew she had a propensity to wander
  • Conduct proper wandering assessment
  • Provide adequate staff to supervise
  • Take adequate steps to locate the missing woman after her absence was discovered

McCauley was discovered eight hours after leaving the concert hall.  She was laying on nearby train tracks.  Read more about this nursing home lawsuit against Sunrise Assisted Living here.

Eloping Nursing Home Residents

Within 14 days of admission, new nursing home residents must be evaluated by the nursing home staff for the purpose of conducting a Resident Assessment Instrument (RAI) under the Nursing Home Reform Act of 1987 (contained in the Omnibus Budget Reconciliation Act, OBRA 1987) and specifically codified at 42 CFR 483.20 (b)(1)(i)-(F272). 

Part of this codified evaluation requires an assessment to be completed regarding each residents propensity to elope or leave the facility.  Residents who are deemed to be at 'high risk' for elopement should have safeguards in place to help protect them from the dangers of the outside world.  All staff caring for the resident should be ware of the residents elopement assessment and help enforce regulations to minimize risk of elopement from the facility.

Residents suffered from dementia or Alzheimer's are particularly susceptible to eloping from a facility.  The following are common safeguards that may be utilized to ensure the safety of residents who are at high risk for eloping:

  • Have properly working door alarms
  • Window locks
  • Door locks
  • Bracelets that track each resident's location
  • Adequate staff at the facility to look after residents
  • Have contingent plans to locate residents who may wander from the facility

Nursing Home Worker Faces Up To 386 Years In Prison Related To Identity Theft Charges

The report of a Virginia nursing home worked allegedly stealing the identities of nine residents at two facilities to fraudulently obtain credit cards and merchandise raises the issue of how well nursing homes safeguard personal information.  In this particular case, Karen Priscilla Jones was indicted by a federal grand jury on 32 counts-- including 18 counts of aggravated identity theft.  The alleged crimes took place while Jones worked at The Oaks Assisted Living and Avante Assisted Living Facility.

If convicted, Jones faces up to 386 years in prison and $8.5 million in fines.

The following are some great suggestions for reducing incidence of identity theft--old or young-- compiled by the Legal Counsel For The Elderly.

  • Do not give out identifying numbers or financial information on the phone unless you initiate the call and know the person or organization being called. Never underestimate the persuasive skills of these crooks; they can fool the smartest of consumers.
  • Shred or tear into small pieces all mail solicitations, bank records or any other discarded documents that may provide information that can be used to identify you.
  • Know the due dates for your bills and statements. If a regular bill or statement fails to reach you within a week of the usual time, contact the company to find out why. Thieves often divert mail to themselves to avoid alerting victims.
  • Opt out of receiving pre-screened credit card offers. The three major credit bureaus use the same number: 1-888-OPTOUT (1-888-567-8688). (Experian is the only major credit bureau that goes a step further and offers removal from other lists - those used for marketing and promotional purposes.)
  • Opt out of MDV lists. Notify the Alabama Department of Motor Vehicles that you do not want information about you provided to marketing and promotional groups. The Alabama law has many loopholes but this may help.
  • Register on the Do-Not-Registry by calling 1-888-382-1222, from the number you wish to register; or register online at www.donotcall.gov. Registration is good for five years.
  • Opt out of direct mail solicitations and e-mail lists.
    To cut down on unwanted mail, write:
    Direct Marketing Association, Mail Preference Service
    P.O. Box 643
    Carmel, NY 10512
  • Give your name (all names you are known by), addresses, previous addresses if you have been there less than five years, and state that you do not wish to receive mail solicitations.
  • To remove your name from e-mail lists visit http://www.dmaconsumers.org/offmailinglist.html.
  • Do not put your Social Security Number on your driver license and do not carry your SS card in your wallet. Unfortunately, this will provide only limited benefit, since Medicare and other health insurers use the SSN as an identifier. This problem has been called to the attention of the SS Administration and others, but it seems that little is being done to address it.
  • Store new and cancelled checks in a safe place, report lost/stolen checks to your bank immediately, and carefully review every statement.
  • Periodically request a copy of your credit record. The report will let you know who has asked for information about you recently, which can give an early warning of trouble. To request a copy of your credit report for a very small charge (no charge if you have recently been denied credit), call:

Equifax @ 1-800-685-1111;
Trans-Union @ 1-800-916-8800 or
Experian @ 1-888-EXPERIAN (888-397-3742)

Nursing Homes Responsibility In Identity Theft Cases

If you have become the victim of identity theft in a nursing home setting, the first thing that should be done is to contact the local police.  A police investigation will help determine what information was taken and by who.  If the nursing home failed to safeguard personal information or became aware information was missing- yet failed to act, the facility may be responsible for all damages resulting from identity theft losses.

New Law May Improve Privacy In Nursing Homes

The following is an article I wrote regarding the "Red Flag Rule" for Long Term Living Magazine. While the focus is to prevent fraud, resident privacy will likely be enhanced as well.

Effective May 1, the Federal Trade Commission’s ‘Red Flags Rule’ will take effect. The rule is intended to help reduce situations involving identity theft and protect consumers’ sensitive information that could be fraudulently used. In looking to facilities with access to patients’ financial information, the government hopes these facilities can help identify and respond to situations involving potential identity theft before serious identity theft problems occur.

Particularly in the long-term care setting, the act is intended to reduce medical identity theft—when a person’s name and insurance information is used without consent to obtain or make false claims for goods or services. It is also in the best interest of the facility to identify suspicious activity on accounts in order to minimize the amount of ‘write-off’ losses.

Examples of potential situations that should trigger the ‘red flag rule’ inquiry by a facility:

· Questions from someone other than the patient himself regarding a bill

· Obviously incorrect addresses and telephone numbers

· Suspicious activity relating to a patient account

· Insurance claim information that does not correspond to a resident’s name and account

Who does the Red Flag Rule apply to?

This broad-based act applies to all entities considered to be a ‘creditor’ under FTC guidelines. All nursing homes and long-term care facilities are impacted by the act because they extend credit to residents regarding payment for services.

The act defines creditors as: ‘[A]ny person who regularly extends, renews, or continues credit; any person who regularly arranges from the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit.”

How can a facility comply with the rule?

The rule requires facilities to have ‘reasonable’ policies and procedures in place to protect patient information. In the long-term care setting, compliance with the rule is much easier than a high volume physician’s practice. In fact, most facilities would likely be in compliance with the rule if they have a few simple steps in place for new admits to their facilities, such as:

* Train staff how to identify medical identity theft red flags
* Institute policies to verify patient identity
* Assign a staff member to investigate episodes involving discrepancies involving patient information
* Keep resident’s vital information off of as many documents as possible
* Alert authorities of suspicious circumstances

The implementation of basic security precautions should eliminate their liability relating to the safeguarding of residents’ privacy. Only in situations where facilities ‘knowingly’ violate their policy would a penalty be dispensed. The act allows penalties of up to $2,500 per violation.

Maximum Fine Levied Against Nursing Home For Failing To Supervise Resident While Smoking

Nursing homes have a duty to protect their residents from harm inflicted by not just the staff and other residents at the facility--but also keeping residents from harming themselves.  Rivera Healthcare Center, a California nursing home, failed to protect a resident from harming himself and consequently received a $100,000 fine-- the highest fine permissible under California law. 

The fine comes after a California Department of Health investigation related to the burn-related death of a 64-year-old resident.  An investigation into the matter revealed that on December 23rd, a male resident left the facility in his wheelchair to smoke a cigarette.  As he attempted to light the cigarette, the man ignited himself.  

The man sustained third-degree burns to his legs, thighs, groin, buttocks and left hand.  Despite, extensive medical care in a hospital burn unit, the nursing home resident died 18 days after the incident from organ failure and sepsis as a result of the extensive burns.

The report said the nursing home staff failed to monitor the mans whereabouts and failed to respond to the emergency situations.   Apparently, upon seeing the man literally in flames, the staff panicked and failed to use a fire extinguisher and fire blanket just six feet away to douse the flames. 

In addition to this fine and AA citation, Riviera Healthcare Center also had an administrative violation earlier this year in addition to the accident for which the Department issued a $20,000 fine.  Health department records confirm 19 complaints have been filed against the facility since 2005.

Read more about this case involving smoking-related burns here.

Related Nursing Homes Abuse Blog Posts

Resident Who Smoked & Used Oxygen Suspected Of Causing Fire At Assisted Living Facility

Unsupervised Nursing Home Resident Dies From Burns

A Reminder Of What Constitutes Nursing Home Neglect

Who Benefits From Damage Caps In Nursing Home Lawsuits?

Not surprisingly an article supporting damage caps in nursing home lawsuits was written by nursing home administrator, Carrie Ermshar in the Tennesseean.com.  In her piece, Ermshar equates damages awarded to an injured person as a penalty against a nursing home.  "We must ask ourselves a tough question: At the end of a lawsuit, who is really being punished?" 

Now, before anyone accuses me of taking Ms. Ermshar's comments out of context, I suggest you read her entire piece.  Nonetheless, Ermshar's understanding of the reasoning behind nursing home litigation is off-base.  Nursing home lawsuits are intended to compensate the injured party for both the tangible (past and future medical expenses) and intangible (pain and suffering, loss of normal life) damages sustained due to the negligence of others-- as opposed to punishing the alleged wrongdoer.  

In most jurisdictions, a plaintiff must get permission from the judge to seek punitive damages from a nursing home. Before a judge grants the ability to seek punitive damages, a plaintiff must demonstrate that the nursing home's behavior was so reckless that they should be able to ask a jury to award damages to punish the facility.  It is then up to a jury if punitive damages are indeed warranted and if so, how much.

Without citing any studies or facts, Ermshar implies that damage caps in nursing home lawsuits will improve patient care because nursing home owners will have more money to invest into patient care.  Ermshar implicitly claims that damage caps will lead to cost savings for nursing home owners because their liability insurance rates will decrease.

The reality is that few studies have analyzed the relationship between caps on damages in nursing home lawsuits vs. insurance premiums.  However, there have been a substantial number of studies with regard to damages in medical malpractice cases.  Overwhelmingly, the results demonstrate that damage caps do little other than arbitrarily restrict an injured, maimed or deceased person's estate of their rights.

Damage Caps Do Not Reduce Insurance Premiums

Like Ms. Ermshar, proponents of damage caps in a medical malpractice setting claim that limiting a plaintiff's recovery will will lead to lower insurance premiums for facilities.  The assumption made by Ermshar and her peers is that the savings will be passed along to the customers.  The reality is that damage caps do not result in reduced of insurance premiums.  Consequently, there is no rush of money pouring in to help provide additional care and treatment for nursing home residents in situations where an injured parties rights are limited by damage caps.

According to Medical Liability Monitor (October, 2005), malpractice premiums average 12.4% higher in states with caps on non-economic damages than in states without. In some states (Mississippi, Nevada, Ohio, Oklahoma and Texas), insurance premiums  were almost double compared with states that have no damage caps.

A similar study in California conducted by The Center For Justice & Democracy revealed that insurance rates increased 35% for physicians and 65% for hospitals months after the state legislature passed a cap on non-economic damages of $250,000. 

Yet another study on malpractice caps was conducted by researchers at Duke University concluded that the claims made by proponents of damage caps is unfounded.  The Duke study compared insurance premiums and pay-outs to plaintiffs both pre- and post- damage cap legislation in Illinois.

The researchers' results revealed that physicians' insurance premiums actually increased substantially after the 'tort reform' legislation was passed.  Similarly, the researchers concluded the Illinois damage caps had 'no significant  impact' on the the total payouts to plaintiffs.  Interestingly, the Duke team noticed no increase in high-risk specialties such as neurosurgery and obstetrics after the legislation was passed-- despite the claims by medical experts that such specialties could no longer afford to practice in an environment with no limits on damages.

Update On Damage Caps In Tennessee Nursing Homes

For the past several years, the nursing home industry has repeatedly attempted to restrict the rights of injured nursing residents by sponsoring damage-cap legislation in Tennessee. Under HB 2243, a nursing home resident injured due to poor care would be limited in their to a recovery based on a sliding scale that was dependent on the amount of care provided by the facility to each resident on a daily basis.  Translation: damages entitled to an injured nursing home resident could not exceed $300,000 in most situations.

Thankfully, the bill died a quiet death in subcommittee.

Read more about the proposed nursing home legislation here.

Related:

Nursing Home Injury Laws

Nursing Home Waits 19 Hours To Provide Medical Treatment To Resident Who Fractured Her Hip During Sabina Lift Transfer

A recently disclosed Minnesota Department of Public Health report concluded the Good Samaritan Society of Albert Lea was guilty of 'neglect' due to its delay in providing medical treatment to a resident who fell during a transfer from her bed to her wheelchair.  

The episode took place on November 21st when a worker at the facility improperly used a Sabina lift to move a resident with dementia into a wheelchair.  During the transfer, the resident fell and fractured her hip.

A 'care plan' specifically stated that the resident was to wear shoes or gripper socks during transfers. At the time of the incident, the resident was wearing stockings that "enabled her feet to slip from the base of the lift, causing her to fall onto her right hip," according to the state's investigative report.

The resident involved in the incident suffered a stroke prior to her admission and was unable speak and was dependent on the staff for daily living activities.  Despite the resident's disabilities, six staff at the facility were aware of the resident's fall and the possibility of her injury because she was behaving differently after the episode-- yet no medical attention was provide for more than 19 hours after the fall occurred.

The morning following the incident, the resident was transferred to a hospital where and x-ray confirmed the woman's hip was indeed fractured.  The hip fracture required surgery.

Good Samaritan terminated the employee who was operating the lift and the nurse-supervisor following their own investigation into the matter.  According to the nursing home's own investigation, the employee responsible for the lift also failed to provide 'satisfactory' care to two other residents in the days following the lift incident.

Read more about this nursing home injury during a transfer here.

Transfers In Nursing Homes

A 'transfer' in a nursing home setting generally refers to moving a patient from a bed to a wheelchair. Transfers are usually done two ways: using nursing assistants or mechanically (Hoyer / Sabina lift). The type of transfer depends mainly on the patients physical condition.  If a patient is capable of providing some assistance, a staff lift (one or two person transfer) is generally done.  However, if a patient is paralyzed or suffers from physical disability, the use of a mechanized lift may be required to safely transfer the patient.

The choice of how to transfer a patient from a bed to a wheelchair is up to the facility.  A determination of the type of transfer should be part of the evaluation when a person is admitted to the facility and for quarterly reviews of nursing home patient needs.  It is crucial for the staff at the facility to use the properly predetermined transfer technique or the nursing home resident is at risk to injury. 

If you or a relative sustained an injury during a 'transfer' to wheelchair, walker or toilet, there is a strong likelihood the staff responsible for supervising made an error.  We have handled many similar lift-related injury cases.  Put our experience to work for you.  To speak with our team of nursing home attorneys, call (888) 424-5757.

Nursing Homes Failure To Screen Visitor Results In Sexual Assault Of Resident

This past weekend a West Virgina nursing home resident was sexually assaulted by a visitor.  A manager of the Valley Haven Geriatric Center in Brook County called police when they noticed an elderly man acting inappropriately towards a female resident.  The man identified as 81-year-old William Jones was arrested for sexual assault but remains free on bond.

According to Brooke County Sheriff, Richard Ferguson, Jones and the victim were relatives.

Was this perpetrator a known problem?  Did the resident actually want to see him?

Visitors In Nursing Homes

Visiting a nursing home resident is a privilege-- not a right.  Nursing home staff can and should restrict individuals who pose a treat to the physical and psychological well-being of residents.  One of the most basic things nursing homes can do to protect their residents is to have a sign in system for every person who enters the facility.  In cases where a resident is disabled or unable to manage her affairs, the person's family should decide who can and can not see her. 

Facilities should also periodically check-in during the visitors stay.  Not only does this safeguard the residents', but it also gives visitors an opportunity to connect with staff who provide ongoing care.

No word regarding this perpetrators history of visits at Valley Haven.

Read more about this sexual assault of a nursing home resident here.

Resources For Nursing Home Visits

Tips When Visiting A Nursing Home, Ohio Department On Aging

Health Tips for Visiting Nurisng Homes And Hospitals, Centers For Disease Control

Nursing Home Visits. An Opportunity To Conduct Your Own Inspection. Nursing Homes Abuse Blog

Hidden Camera Reveals Caretaker Abuse By Nursing Home Worker

When will cameras become standard issue in nursing homes and assisted living facilities?  Amongst many elderly who are unable to effectively communicate, the only way of 'catching' abusive situations is via surveillance cameras.

A camcorder left in a patients room caught Jason Lynn Pearl abusing two residents at Silver Lake Care Center.  At the time the abuse took place, Pearl was working at the nursing home.  Two co-workers saw the videotaped abuse and reported the situation to authorities. 

Pearl now faces two counts of felony abuse by care taker and is being held by authorities on $100,000 bond.

About Silver Lake Care Center

All residents of Silver Lake Care Center, will be forced to moved from the facility by the time it shuts its doors on June 5th.  The Oklahoma nursing home is owned by Eddie Martin.  Martin owns five other nursing homes and assisted-living facilities in Oklahoma including:

  • Pleasant Springs In Colcord
  • Cimarron Pointe Care Center in Mannford
  • Coweta Manor Nursing Home in Coweta
  • Glenpool Health Care Center in Glenpool
  • Rolling Hills Care Center in Catoosa
  • Sequoyag Pointe Living Center in Owasso
  • Shawn Manor Nursing Home in Ponca City

Coincidentally, each facility Martin owns has 32 security cameras mounted in the facilities.  Martin apparently monitors all cameras from his home.  I guess he can't monitor all of the cameras?

Read more about this case of nursing home abuse in an Oklahoma Nursing Home here.

Related Nursing Homes Abuse Blog Posts On Elder Abuse

What Is Elder Abuse?

94-Year-Old Charged With Raping Co-Resident In Oklahoma Nursing Home

Caught On Tape: 90-Year-Old Man Beaten By Home Nurse

Bed Sore Treatment: Wound VAC

In cases involving advanced bed sores (also called: pressure sores, pressure ulcers or decubitus ulcers), a wound vac or negative pressure wound therapy can be used to heal the bed sore.  A plastic bandage is used to cover the wound and a tube attached to a vacuum machine draws out moisture. The process can be painful, but the use of wound vacs drastically shorten the healing process and reduce risk of infection.  This is a useful video demonstrating wound vac process.

 

Nursing Homes Abuse Blog Posts On Bed Sores

Government Report Confirms Pressure Ulcers Harm All Nursing Home Residents; Regardless Of Race, Sex or Age

Pressure Sores In Hospitals On The Rise

Bedsores. Completely Preventable? Absolutely.

"The Nursing Home Says My Dad's Bedsores Were Unpreventable..."

Nursing Home Abuse: Texas Nursing Home Worker Caught Punching Resident

Can someone please let me know what drives a person to physically abuse a defenseless elder? Is it empowering?  Is it done out of frustration? Does it just feel good?

Out of Texas, Lufkin Police have arrested a certified nurses aide (CNA) in connection with an episode of abuse witnessed by co-workers.  The incident took place on March 22, 2009 at Castle Pines Health and Rehabilitation Center. Apparently, the CNA took an 80-year-old CNA into her room, closed the door and began striking resident.

Staff at the facility were alerted to a potential problem when the resident activated a call light by the bed.  When staff arrived to check on the situation, they witnessed the CNA striking the resident.  A closer inspection of the situation revealed the resident's blood spattered on her bed.  Bruises were also observed on the resident's arms and legs.

Shortly after she was confronted by co-workers, the CNA admitted to 'popping the victim.'

Currently, the CNA is out and about in the community as she posted the necessary $5,000 bond shortly after she was taken into custody.

About Castle Pines

We make it our top priority to care for seniors with the respect, compassion and dignity they deserve. We understand that caring is what makes a community and without a sense of caring, there can be no sense of community. It's what sets us apart from any other long-term care facility.

Here at Castle Pines Health & Rehabilitation our nursing staff is overly-courteous, respectful and maintains a high level of professionalism at all times. Our primary goal is to get you back in a condition to be independent once again while maintaining a friendly environment and providing nutritionally enhanced meals.

I guess the CNA involved in this incident missed orientation?

Medical Examiner Rules Tennessee Nursing Home Death A Homicide

Labels frequently get tossed around when describing nursing home lawsuits.  Admittedly, some of these descriptors such as 'abuse' or 'neglect' get overused by people who may have a 'vested interest' in the matter-- family members, friends and attorneys.  When an independent investigator applies 'neglect' to his findings, more people should take notice.

"Nursing home neglect" resulting in dehydration is what a Tennessee Medical Examiner ruled as the cause of death following the autopsy performed on 46-year-old Linda Carter.  Carter died on March 27th at the at the University of Tennessee Medical Center following a nine day admission to Hillcrest North Nursing Home.  Carter was admitted to Hillcrest for rehabilitation from injuries sustained in a car accident.

When Knox County Medical Examiner,  Darinka Mileusnic-Polchan, examined Carter's body he noted the following visible signs of dehydration:

  • Poor skin turgor
  • Sunken eyes
  • Concentrated urine
  • Empty stomach and proximal small intestine

These autopsy results will not doubt provide added ammunition to the wrongful death lawsuit filed by Carter's children.  The lawsuit against Hillcrest seeks $7 million in compensatory damages and $28 million in punitive damages.  

Currently, the Tennessee Bureau of Investigation (TBI) is conducting its own investigation into the death.  TBI spokeswoman, Kristin Helm indicated that criminal charges may be filed against Hillcrest as well.  "We are looking into it as a suspicious death," Helm said.  " We met with the (Attorney General) and he asked us to look into it more, to review it and come back and meet with him again."

Read more about the medical examiner's finding here.

View The Final Autopsy Report 

Related Nursing Homes Abuse Blog Posts

Damages

Appellate Court Orders Retrial In Nursing Home Negligence Case With $29.8M In Punitive Damages

Family Seeks Punitive Damages Against Nursing Home For Death Involving Malnourishment Of 84-Year-Old

Tennessee Legislature Attempts To Limit The Rights Of Injured Nursing Home Residents

New Medicare Program Aims To Cut Down On Re-Admissions To Hospitals

McKnight's reported on a new Medicare program intended to reduce the number of people who are re-admitted to hospitals shortly after their discharge --- and ultimately save the agencies money.  Presently, many nursing homes and assisted living facilities are faced with the difficult task of caring for people who may be recovering from a injury or disease that required hospitalization.  In some cases, staff in the new environment are not trained on how to provide proper follow-up treatment.

The lack of staff training can translate to more visits to the hospital.  By CMS's estimates, 20% of hospital patients get readmitted within 30 days of their discharge to a nursing home or assisted living facility.  CMS estimates up to 75% of the re-admissions are preventable with proper treatment in their discharge setting.

The program identified as the 'Care Transitions Project' will be tested in 14 pre-selected communities.  State officials will help facilities create programs to provide necessary care outside of a hospital setting.  The program will begin shortly and will remain in place through the summer of 2011.

I hope this program has sufficient safeguards to ensure the safety of new admissions to nursing homes and assisted living facilities. Many people are at heightened risk for injury and disease shortly after their admission because their medical condition is unstabilized and the facility remains unaccustomed to their medical needs.  Safeguards should be in place to ensure those who really need hospital services receive the care they require.

Lastly, at a time when budgets and services are already stretched thin, do we really want to add more to the list of responsibilities imposed on nursing homes?

Read more about the Care Transitions Project here.

Engagement Ring Stolen From The Hand Of Disabled Resident In New York Nursing Home

In a brazen display of greed, a nurse's aid entered the room of a disabled New York nursing home resident and removed her engagement ring directly from her hand.  Local police say Chad Smith, a nurses aide at Eastern Star Nursing Home will be charged with third-degree grand larceny.

After Smith removed the engagement ring from the resident's hand, he used a nail clipper to pry the diamond from the setting.  Smith took the loose diamond to a local pawn shop where he apparently received $300 for the stone.  The stone's actual value was estimated to be more than $4,000.

Police say the diamond has not been recovered.  No word if authorities at this nursing home are keeping this thief on the payroll. Read more about this nursing home theft here.

Theft In Nursing Homes

Nursing home theft is the most common type of crime in nursing homes.   Most nursing home residents never expect themselves to be victimized by criminals in a setting they consider to be safe. In order to minimize theft, the following precautions should be in place:

  • Lock boxes should be available and used
  • Criminal background checks should be conducted on all nursing home employees, visitors and volunteers.
  • Family members should do an inventory of items when their loved one enters the facility and periodically during visits
  • Keep valuables and cash with loved ones if possible
  • Report any missing items to staff immediately
  • Consider securing televisions, stereos and computers to a fixed object such as a deck
  • Take photos of all valuables
  • Consider taking out an insurance policy to insure all personal items

Nursing home residents are entitled to use their personal items.  If you believe some personal items were taken, it is best to report the incident to local police immediately so they may conduct a timely investigation.

Web Resources Regarding Theft In Nursing Homes

Report Examines Heartbreak Of Theft In Nursing Homes, by Diana Harris and Michael Benson

Reducing nursing home theft: tips from a consultant, by Patrick Donaldson

Autopsy Confirms Man Was Murdered In Chicago Nursing Home

The Chicago Sun Times reports this morning that a 63-year-old resident of a Chicago nursing home died from multiple injuries suffered during an assault.  A spokesman for the Cook County Medical Examiner's office confirmed the man, identified as Thomas Donovan, died on April 1 at South Shore Hospital.  The death has been ruled a homicide and Illinois State Police are conducting an investigation into the matter.

Although the name of the nursing home was not revealed, the Sun Times identifies the facility's location as 14500 S. Manistee Avenue in Burnham. 

Burnham Healthcare's Troubled History

An internet search of the address reveals the facility to be Burnham Healthcare.  Burnham has a history of violence amongst its residents.  In 2004, the Illinois Department of Public Health fined the facility $5,000 for failing to investigate an incident of a resident who was sexually aggressive towards another resident.

The state investigation revealed the resident at issue had a history of sexually aggressive behavior, yet the facility failed to take any action to protect other residents.  On the morning of the reported incident, the staff at Burnham began to take steps to transfer the resident, yet failed to monitor the man while they awaited approval for the transfer.  During the unsupervised wait, the man committed a sexual assault.

Related Nursing Homes Abuse Blog Posts

Update On Nursing Home Rape: Facility Made Errors In Investigation Of Incident

Nursing Home Director Sentenced To 19 Months In Prison For Ignoring Injured Resident

Wrestling Legend Takes Moves To Minnesota Nursing Home

Nursing Home Neglect: What An Advanced Pressure Sore Looks Like

A colleague sent me this disturbing video of an advanced pressure sore.  A fair warning, this video is graphic and disturbing.  However, the reality is that pressure sores are a problem effecting individuals in nursing homes, hospitals, and long-term care facilities and can not be ignored.

 

Related Nursing Homes Abuse Blog Posts Related To Pressure Sores:

Nursing Homes With Higher Percentage Of Hispanic Residents Have Higher Rate Of Bed Sores

New Jersey Orders Use Of Pressure Relieving Mattresses In Nursing Homes

Pressure Sores In Hospitals On The Rise

Bed Sore FAQ

Nursing Homes With Higher Percentage Of Hispanic Residents Have Higher Rate Of Bed Sores

A research study concluded by researchers at Brown University concluded nursing homes with a higher Hispanic populations have higher rates of bed sores (also known as: pressure sores, pressure ulcers, decubitus ulcers) than facilities with less minorities.  The results are detailed in the Journal of the American Medical Association.

The researchers gathered information from the National Repository of the Minimum Data Set, a federally mandated assessment of all nursing home residents and from the Oscar Database System, a survey of all nursing home residents from the Centers for Medicaid and Medicare Services.  Additionally, the Brown study evaluated all nursing home residents over 65 who live in nursing homes in California, New Mexico, Texas, Arizona and Colorado.

The lead researcher of the Brown survey, Vincent Mor, chair of the Department of Community Health, conducted a similar survey in 2007 that concluded African Americans are more likely than whites to live in poor-quality nursing homes.  That study found the disparity of care received in predominately African American nursing homes to be worst in the Midwest.

Read more about the results of this nursing home survey here.

Bed Sores Are A Problem Facing All Nursing Home Residents

A bed sore is an area of skin that breaks down when you stay in one position for too long without shifting your weight. This often happens if you use a wheelchair or you are bedridden-- even for a short period of time (for example, after surgery or an injury). The constant pressure against the skin reduces the blood supply to that area, and the affected tissue dies.

A bed sore starts as reddened skin but gets progressively worse, forming a blister, then an open sore, and finally a crater. The most common places for pressure ulcers are over bony areas like the elbow, heels, hips, ankles, shoulders, back, and the back of the head.

Despite claims from the health care industry, bed sores are preventable with competent medical care.  Staff in nursing homes and hospitals must to an assessment of those individuals who are at heightened risk for development of bed sores and create a plan for their prevention.  Frequently, a care plan will include: frequent rotation to discourage sitting in one area for long periods, pressure relieving air mattresses and special enhanced nutrition diets.

Our Commitment To Minority Communities

One of the reasons there are higher rates of poor nursing home care amongst minorities is due to barriers in communication.  Nursing homes housing individuals should have staff to help communicate both physician orders to the residents and to communicate resident needs to physicians.  When there is a breakdown in communication, resident safety is jeopardized.

At Rosenfeld Injury Lawyers, we pride ourselves on our commitment to all minorities.  For more than 35 years, we have been honored to represent individuals and families of all races and ethnicity's.  We maintain a Spanish speaking staff and frequently work with translators to zealously represent individuals in the Polish, German, Italian, Japanese, Chinese, Korean and Vietnamese communities. 

We believe all people, regardless of their ethnic background, deserve the finest legal representation available.

Nursing Homes Abuse Blog Entries On Bed Sores:

Government Report Confirms Pressure Ulcers Harm All Nursing Home Residents; Regardless Of Race, Sex or Age

Incontinence Amongst The Nursing Home Population

Over 500,000 Adults Suffer From Bed Sores In Hospitals

Nursing Home Abuse: CNA Punches 87-Year-Old Nursing Home Resident In The Face For Not Following Instructions

Seemingly straight out of the fiction section, another CNA stands accused of punching an elderly person she was responsible for caring for. The Champaign County Sheriff arrested Sharoia D. Hill of Danville, IL, for the aggravated battery of a senior citizen. 

The alleged battery took place at the Champaign County Nursing Home in Southern Illinois, where Hill was a CNA in the Alzheimer's unit.  According to Hill's co-workers, the elderly man involved would not return a gait belt, used to help transfer residents, back to Hill.  In apparent retaliation, Hill punched the man two times with a closed fist.  A co-worker witnessed the abuse and immediately alerted authorities.

Hill has been working at the Champaign County Nursing Home since March 17th.  If convicted of the felony charges, Hill faces two to five years in prison and fines up to $25,000.

Is the facility responsible for the actions of the CNA?

If the facility had knowledge of the CNA's violent tendencies or the facility failed to do a proper background check prior to hiring they may be held responsible for this incident.  If however, the facility had no prior knowledge of this CNA's violent propensities, it is unlikely that they have an legal responsibility in a civil lawsuit. 

Web Resources

Police: Nursing Home Worker Punches Patient, Illinoishomepage.net

Nursing home employee accused of hitting resident, The News-Gazette.com

The National Center For Victims of Crime: Elder Abuse

Nursing Homes Abuse Blog Posts Related To Champaign County Nursing Home

Medicare Fraud Unit To Investigate Illinois Nursing Home

Most Nursing Home Deaths Remain Uninvestigated

Alzheimer's Resident Dies Hours After Escaping From Illinois Nursing Home

The Chicago Tribune reported that an 81-year-old resident at the Maryville Manor Nursing Home 'shimmied' through a window to escape the facility and wander from the grounds.  Hours later, the man was found dead along a nearby road.

Authorities at Maryville Manor confirmed that the man suffered from Alzheimer's and had been living at the facility for two weeks. Madison County, Illinois authorities are conducting an investigation into this wandering incident.

An open window?

Nursing homes that house Alzheimer's residents should have necessary safeguards in place to ensure the safety of residents.  One of the biggest threats to Alzheimer's residents is self-inflicted injury due to wandering from the safety of a facility.  In addition to basic precautions such as locking windows and doors, nursing homes should also:

  • Use bracelets that track each resident's location
  • Assess each resident for their propensity to wander from the facility
  • Hire adequate staff to look after residents
  • Have contingent plans to locate residents who may wander from the facility

There is no obligation on the part of nursing homes to house every person who seeks out the facility's services.  However, when the nursing home agrees to house a resident who is disoriented or has dementia, the nursing home is implicitly agreeing they are able to properly care for the individual and is responsible for providing proper care.

Related Nursing Homes Abuse Blog Post's

Woman Dies From Hypothermia After Wandering From Assisted Living Facility

Family Sues Florida Nursing Home For Death Of Wandering Resident

What Can Nursing Homes Learn From Jails?

 

 

State Inspectors Find Safety Violations In Indiana Nursing Home

Acting on an anonymous tip alleging improper care, investigators from the Indiana Department of Public Health conducted an inspection of the Royal Oaks Health Care and Rehabilitation Center.  The inspection revealed 13 violations of federal nursing home laws.

Although the person initiating the investigation had a relative who developed advanced bedsores (also called decubitus ulcers, pressure sores or pressure ulcers) and sepsis during their stay at Royal Oak, the investigation concluded that no residents were harmed by the violations.  "There were deficient practices and violations of federal regulations, but no one was actually harmed," said Ellen Greig, a spokeswoman with the Centers for Medicare / Medicaid Services Chicago Regional Office.

Among the findings documented in a 90-page nursing home inspection survey include:

  • Nurses failing to follow proper sanitation guidelines
  • Staff failing to follow bedsore treatment and prevention guidelines
  • Failure to properly use mechanical lifts
  • Having enough nurses to care for every resident in a way that maximizes the resident’s well-being.
  • Making sure that each resident who enters the nursing home without a catheter is not given a catheter unless it is necessary.
  • Making sure that residents who cannot care for themselves receive help with eating/drinking, grooming and hygiene.
  • Making sure the doctors visit residents regularly, as required.
  • Having drugs and other similar products available, which are needed every day and in emergencies, and give them out properly.

In response to the findings, Royal Oaks administrator Brenda Hatfield issued a statement.  "[T]his is normal survey activity and we embrace the opportunity to work with the state to examine and enhance our care delivery system through education and training of staff.  We have submitted a plan of correction for the issues the state identified and are confident the state will find us to be in substantial compliance upon their revisit."

Was the inspection worthwhile?

Federal and state regulation of nursing homes provides essential guidelines for the safety and well-being of nursing home residents.  In most cases, nursing home inspectors are the exclusive means to establish if the facility was able to provide adequate care to residents.  Even if inspectors failed to establish that residents sustained injuries due to the facilities safety violations, the report will become part of the facilities file.

Nursing home inspections also ensure safety violations get corrected to protect not just the current residents of the facility, but the safety of future resident's as well.  Most states allow residents and families of residents to make anonymous reports of safety violations to authorities.  If you suspect improper care or safety violations, here is a useful resource to find the regional agency to report  the issues to.

Royal Oaks is part of Kindred Healthcare, a national hospital and long-term care conglomerate.  Rosenfeld Injury Lawyers has successfully represented individuals and families in matters against Kindred.  We invite you to speak with our team of nursing home attorneys for a complimentary consultation.  Please fill out this form and and we will promptly contact you to discuss your matter.

Web Articles Regarding Royal Oaks

State inspection finds problems at Royal Oaks, Tribstar.com, April 3, 2009

Related Nursing Homes Abuse Blog Articles

What Are Signs Of Nursing Home Abuse?

Nursing Home Rating System Reveals Inferior Care Provided At For-Profit Facilities

Minimum Nurse Staffing Ratios

Where Will Nursing Home Residents Go When Medicare Closes Dangerous Facilities?

Nursing Home Bill Could End Bonuses For Poorly Performing Facilities

The Des Moines Register reported on a new bill proposed by Senator Tom Coburn (R- Oklahoma) that would end the practice of paying poorly performing nursing homes a bonus.  Under the current system, nursing homes across the country are paid hundreds of millions of dollars in bonuses by taxpayers regardless of their record of health and safety violations at their facilities.

The Register looked at eight programs in seven states where regulatory violations don't disqualify a nursing home from receiving a bonus and determined the eight programs alone cost taxpayers $312 million per year.  "We paid out in excess of $300 million in bonuses to nursing homes that had significant problems in terms of giving the care and meeting Medicare standards," Coburn said. "Why? Why wouldn't we fix that?"

In addition to providing bonuses to nursing homes that fail to meeting government standards, the government also pays bonuses to nursing homes for legally mandated requirements such as installing fire sprinklers or paying employees minimum wages.

The bill was accepted by unanimous consent of the Senate, but the bill remains to be approved.  Read more about this nursing home legislation here.

Related Nursing Homes Abuse Blog Posts

New Bill Would Return Money To Dangerous Nursing Homes After They Correct Problems

New Law Makes Prosecution Of Nursing Home Cases More Difficult

More Support For The Nursing Home Transparency Act

 

Man Who Crashed Car Into St. Louis Nursing Home Had History Of Problems

Dennis Long's relatives confirmed that he was indeed the man who drove his car through the front entrance of St. Sophia Health and Rehabilitation Center in St. Louis, MO last Friday.  Apparently Long drove his car into the facility out of anger.  He was banned from visiting his mother who was an Alzheimer's patient at the facility due to his 'bizarre behavior' weeks earlier.

St. Louis Circuit Court records reveal Long had a troubled past.  In 2007, Long was similarly barred from visiting his mother while she was a resident at Barnes-Jewish Hospital.  In the same year, court records also confirm Long had threatened to kill his three sisters and a niece.

Long's sister, Terry Hall, said Long had been so verbally and physically abusive to their mother that other nursing home residents were scared for their safety.  According to Hall, there were nursing homes that refused to take her mother because of her brother's behavior.  "My mom was moved from different nursing homes because of him.  We have gotten restraining orders on him but nothing happened," she added.

Long was the only person seriously injured in the incident having received extensive burns.  A resident at St. Sophia was treated for minor injuries at a local hospital.

Nursing Home Safety

Obviously, nursing homes are intended to provide medical care to residents, however they are also responsible for ensuring resident safety.  In many situations, the staff at a facility must act as the eyes and ears of vulnerable residents to ensure their well being.  If a facility becomes aware of threats against particular residents they should report the situation to law enforcement immediately.

Web Resources:

Car crashes into Florissant nursing home, Stltoday.com

Man who crashed car into nursing home had history of threats Stltoday.com

Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers United States Department of Labor

Illinois Elder Abuse Trial To Help Define Standard Of Care

The pending criminal trial of Jill and Julie Barry will have an important impact on Illinois seniors as it will help define what constitutes 'reasonable care' when it comes to the home-care of elders. Currently, prosecutors in Illinois have few parameters when it comes to the definition of 'elder abuse' because Illinois courts have not formally ruled on the issue before. Consequently, the decision as to how to define 'reasonable care' in a criminal neglect context will fall squarely on jurors.

In 2008, Kane County State's Attorney, John Barsanti filed criminal neglect charges against the Barry sisters related to their responsibility to provide care to their elderly mother. Kane County jurors will soon make a determination if the care the sisters provided was 'reasonable'-- or criminal- for their 84-year-old mother.

The criminal charges follow a 2007 Kane County Coroner-ordered investigation.  The coroner ruled Mary Virgina Barry's death was a homicide due to the physical sings of neglect encountered during an autopsy. 

An investigation revealed that prior to her death, Ms. Barry weighed just 70 pounds, had extensive bed sores, and had not seen a doctor for nine months. According to a paramedic report, Ms. Barry was lying in soiled bed sheets and had ants crawling on her when authorities were called to her home.  Barry was immediately taken to a local hospital where she died several days later.

Web Resource:

Elder abuse: Trial to shed light on horrors in home and help home Illinois law, chicagotribune.com, April 2, 2009

Nursing Homes Abuse Blog Related Entries

Southern Illinois Nursing Home Sued For Resident's Decubitus Ulcers

Grim Details Emerge Regarding Malnutrition In Kentucky Nursing Home

Judge Tosses Manslaughter Charges Against Nursing Home Employees In Case Involving Death Of Disabled Resident

Criminal Charges May Be Brought Against Chicago-Area Nursing Home In Connection To Resident's Death

A Reminder Of What Constitutes Nursing Home Neglect

Occasionally I receive emails and comments from blog readers asking what 'really' constitutes nursing home neglect.  Its easy to point to definitions, but the best explanations usually come by way of example.

Yesterday, I was reviewing the chart of a 70-year-old lady who resident who died in a Chicago nursing home.  The lady who died from complications following a severe burn on her leg due to contact with a wall-mounted radiator. 

An investigation by state nursing home investigators verified that the woman's bed was jammed so close to the radiator that it had repeatedly come in contact with the bed, mattress and the woman's body (there were several burns noted on her right side). Despite the facilities own documentation of problems due to keeping the bed too close to the radiator, the bed was kept in place for months before the woman sustained a severe burn.

Four months after the 'radiator problems' had been initially noted, this woman sustained a third-degree burn to a large portion of her lower leg. Conservative burn treatment was unsuccessful in healing the large leg burn and ultimately the woman required a skin graft. 

The woman underwent several weeks of successful burn treatment in a hospital.  However, the woman was ultimately moved back to the original nursing home where she was injured and quickly contracted an infection. Within two weeks of moving back to the nursing home, the woman died.

In this case, the nursing home resident was a victim of neglect on so many occasions, it is literally difficult to keep track.  Nonetheless, the point is not how many times the facility failed to properly care and assess the patient, but rather how easily preventable the injury and subsequent death were.

 

Related Nursing Homes Abuse Blog Posts On Nursing Home Burns

Resident Who Smoked & Used Oxygen Suspected Of Causing Fire At Assisted Living Facility

Unsupervised Nursing Home Resident Dies From Burns

Burns In Nursing Homes

Web Resources For Burn Victims

American Burn Association

Alisa Ann Ruch Burn Foundation

Should Medicaid Dictate Who Receives Medical Treatment?

An anticipated decision by the 11th Circuit Court of Appeals may alter the way medical treatment is dispensed for Medicaid recipients.  Under the current system, Medicaid recipients are entitled to receive 'medically necessary' treatment as prescribed by their physician.  In cases of disabled or handicapped people this frequently means home nursing care by a CNA or therapist. 

The case pending before the 11th Circuit involves Anna Moore, a 14-year-old Georgia girl, who suffers from a seizure disorder since birth.  Because of her ongoing risk of stroke and breathing problems, Anna's physician prescribed round-the-clock nursing care. Despite the medical order from Anna's physician (and years of approving the nursing services), officials at Georgia Medicaid decided to arbitrarily reduce the number of weekly hours provided by a home nurse. The reduction occurred despite the fact there was no change in Anna's medical condition.

Anna’s mother initiated a lawsuit against Georgia Medicaid to force the government agency to provide home nursing as prescribed by Anna’s physician.  The decision is now in the hands of the Appellate court after a lower court ruled in favor of the disabled girl.

At issue is the state’s right to overrule medical orders from a treating physician because the state does not agree with the prescribed treatment.  Advocates for Medicaid recipients question the financial motive behind an administrative agencies right to withhold medical treatment.  “[I]f a state budget is pinched, what might have been medically necessary in June won’t be in July…and a medical opinion as to the necessity as to necessity simply isn’t relevant,” said Greg Mellowe a healthcare policy directory at Florida CHAIN.

Lawyers for the state question the medical necessity of some of the treatments prescribed by physicians.  “When left to their own devices, they advocate for their patients and deem all manner of unproved, dangerous, ineffective, cosmetic, unnecessary, bizarre, and controversial treatments as ‘medically necessary,’” according to a court brief filed by the Florida Attorney General.

The 11th Circuit’s decision directly impacts the states in its jurisdiction: Florida, Georgia and Alabama, but the courts ruling will likely set a precedent for all Medicaid recipients in other states.  The court’s ruling will likely be issued in several months.

Read more about this pending court decision here.

Nursing Home Negligence Lawsuit Filed Against Extendicare

Ricky Hamilton, the husband of Kimberly Hamilton, has filed a nursing home negligence lawsuit against Kenwood Nursing Home and the facilities parent company, Extendicare in Madison Circuit Court.  The lawsuit alleges the nursing home deviated from acceptable standards of care and failed to maintain a safe environment.  The lawsuit made a 'jury demand' and seeks an award of medical expenses, attorney fees and punitive damages.

Kenwood Nursing Home is part of the Richmond Health and Rehabilitation Complex in Richmond, Kentucky.  The facility has has several smalling nursing homes on the property including Kenwood and Madison Manor.

Madison Manor has a well-documented history of problems.  In 2008, the facility received a Type-A citation from the Cabinet for Health and Family Services after officials obtained a copy of a video documenting abuse of a resident.  Following disclosure of the video, 9 staff members were fired and a new training program was implemented for the staff.

Nursing home ombudsman Kathy Gannoe, said her agency received 26 complaints regarding 14 Madison Manor residents in 2008.  After investigating each claim, Gannoe determined 80% of the charges were verified. 

Amazingly, the Kentucky nursing home had even more complaints in 2007.  In 2007, nursing home ombudsmen investigated 56 complaints relating to 26 residents. According to Gannoe, 96.5% of the complaints were verified and one-quarter of the complaints were referred to law enforcement. Read more about this nursing home negligence lawsuit here.

About Extendicare

Extendicare Homes Inc. is headquartered in Milwaukee, WI.  The company was recently named in a class action lawsuit for violating consumer-protection laws by advertising "quality standards above government regulations" that they failed to deliver. Extendicare is one of the largest nursing-home chains in North America. The company runs 268 facilities for up to 30,000 residents.  Nearly all of Extendicare's nursing facilities have higher-than-average scores for health deficiencies and safety violations.

Nursing Home Abuse Blog Entries On Extendicare

Videotape Reveals Abuse In Kentucky Nursing Home

Poor Nursing Home Care Subject Of Class Action Lawsuit Against National Nursing Home Chain, Extendicare

Failure To Clean Trach Tube Leads To Lawsuit

Web Resource

Department Of Health & Human Services, Civil Remedies Division, decision involving Richmond Health & Rehabilitation Complex

Improper Record Keeping Leads To Suspension Of New Admissions In Nursing Home

Tennessee officials have suspended new the admission of new residents at the Quality Care Health Center in Lebanon, TN.  The suspension comes after state and federal investigators found multiple safety violations during an investigation related to a complaint filed against the nursing home.  Investigators from the Federal Center for Medicare-Medicaid Services found violations in physician services, nursing services and with medical records.

Investigators discovered residents at the Tennessee nursing home were put in 'immediate jeopardy' because nurses did not keep proper charts.  Additionally, nursing home inspectors also documented instances of dramatic weight loss among residents.

Quality Care Health Center was opened in 1978 and has a 290 bed capacity.  The facility has until April 3rd to correct all deficiencies or it will lose federal funding.  Read more about this troubled Tennessee nursing home here.

Watch the video clip regarding Quality Care Health Center from NewsChannel5.com here.

Department of Heath & Human Services Report

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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Frequently asked questions on bed sore prevention, treatment and legal rights of those who have been neglected.

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