'Dignity Training' Ordered For Staff In New York Nursing Home After They Humiliate Residents Who Need Assistance With Toileting

Perhaps one of the most de-humanizing aspects of nursing home life is the reliance on others for toileting needs. Especially in the case of bed-bound residents, notifying a staff member every-time one needs to use the toilet, means being reliant on others for basic bodily functions.

When the staff fails to timely assist with toileting needs, the results can be not only embarrassing but downright dangerous.  If left in their own waste, residents are at an increased risk of pressure ulcers (also referred to as bed sores, decubitus ulcers or pressure sores) and infection.

This failure to timely tend to the toileting needs of residents resulted in Glendale Home's $20,800 federal fine and their staff's mandatory enrollment in 'dignity training'.  The sanctions come after six residents complained to New York Department of Health officials that the staff at the facility humiliated them when they failed to answer their calls for assistance in using the toilet.

In the case of an obese nursing home resident, who required two-person assistance and a mechanical lift for transfers with transfers out of bed, a nursing home inspector noted:

"She state that sometimes staff would become angry with her for calling out when they were so bust and tell her she would have to wait.  She also stated that when she was waiting for help she would be in pain from the urgency of needing to void.  The resident said that on several occasions she had wet herself while waiting for the staff and that she was mortified and embarrassed when she wet her bed."

In another case, nursing home inspectors observed a man sitting naked on a bed pan who was yelling for staff to close the door as attempted to gain some privacy.

When officials questioned the nursing home staff about the delay in bringing residents to the toilet and obvious disrespect of privacy, many said the some days the facility seemed short staffed in order to cope with the needs of the residents. In addition to delays in toileting, the under-staffing was also manifested by the fact that some residents were not turned in their beds or bathed regularly.

Despite the staff's own contention that the facility was under-staffed, the facility administrator chose to 'redeploy' the current staff to cope with spikes in call-bell use as opposed to hiring more staff.

Read more about the disrespect of nursing home residents in New York here.

Related Nursing Homes Abuse Blog Entries

Nursing Home Owner Leave Resident On Bedpan for 24-Hours, Now Faces Jail Time

Call Lights. How Should Staff Respond?

Incontinence Amongst The Nursing Home Population

"Life Care Center" Permitted To Accept New Patients After State Finds Poor Living Conditions

After a week where the facility was banned from accepting new residents, Life Care Center of Red Bank is now permitted to accept new patient admissions.  One June 17th, the Tennessee Department of Heath Commissioner suspended new patient admissions to this Tennessee nursing home because of conditions encountered during a survey (inspection).  During the survey inspectors found heath and safety violations concerning:

  • Nursing home administration
  • Performance improvement
  • Physician services
  • Nursing services
  • Medical records
  • Pharmaceutical services

In addition to suspending admission of new patients, Life Care was issued a one-time civil penalty by the state and $6,150 per day until the conditions were corrected by federal authorities.

Kudos, to nursing home inspectors for getting this facilities attention the only way possible--- by hitting them in the pocket book. Due to the inherent nature of the business, most nursing homes rely on a steady stream of new patients to keep their facilities full and profitable.  A drop in the number of residents cuts into the facilities profits.

Life Care Centers

Life Care Centers operates more than 200 skilled nursing homes, assisted living facilities, retirement living communities, home care services, and Alzheimer's centers across the country. In Tennessee alone, Life Care operates 27 nursing homes and assisted living centers.

 

Source:

Admissions To Life Care Center Of Red Bank Nursing Home Suspended TN.gov

Life Care Center Of Red Bank Nursing Home Admissions Suspension Lifted TN.gov

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What Is Hypostatic Blood Pressure & Why Is There An Associated 'Fall Risk'?

 

Too we look to environmental causes of falls....cluttered hallways...improperly footwear...yet in many fall-related situations the real 'cause' of the fall lies within the person herself...


Hypotension (low blood pressure) is a problem for many nursing home residents, causing dizziness and fainting. Blood pressure readings measure the pressure in arteries - systolic pressure (the top number in a reading) measures the pressure the heart generates when pumping blood out to the rest of the body and diastolic pressure (the bottom number in a reading) measures the amount of pressure between heartbeats. A systolic blood pressure of 90 millimeters of mercury or less or a diastolic blood pressure of 60 millimeters of mercury or less is considered low.

Orthostatic hypotension
, also known as postural hypotension, occurs when a person’s blood pressure drops after changing position from lying down or sitting to standing as blood pools in the legs leaving less blood to circulate back to the heart. In the elderly, orthostatic hypotension can be caused by changes in blood pressure regulation due to aging, dehydration, and certain medications.

Common causes of orthostatic hypotension include dehydration, medications, heart problems, diabetes, and nervous system disorders; all of which are common in the elderly. Dehydration can occur easily in nursing homes because of sickness or inadequate care. Also, many drugs commonly prescribed to the elderly including diuretics, high blood pressure medication, heart medication, and drugs to treat Parkinson’s disease can all cause orthostatic hypotension.

Orthostatic hypotension is more common in older adults, with over 15% of persons 65 and older suffering from it. In addition, about 50% of elderly nursing home residents suffer from orthostatic hypotension. Elderly patients, especially those who are heavily medicated or have prolonged bed rest, are especially at risk. Nursing home patients are also at risk for dehydration if they do not receive adequate care.

Orthostatic hypotension can cause dizziness, light-headedness, blurry vision, nausea, and fainting, which can cause dangerous falls. Elderly persons are particularly vulnerable to falls because of weak bones and complications from other health problems. Orthostatic hypotension can also cause strokes due to the changes in blood pressure and mental impairment because of brain damage.

Elderly nursing home patients should be properly diagnosed by a physician because not all dizziness is caused by orthostatic hypotension. If properly diagnosed, extra care can be taken with patients to prevent dangerous falls. Nursing home staff should take added precautions in the morning, when residents are first getting out of bed because that is when they are most at risk for a drop in blood pressure. The staff should also ensure that elderly residents are adequately hydrated, avoid hot weather, stand slowly, increase salt intake, and even apply compression stockings to help reduce symptoms. These simple steps can make the difference between a healthy and safe nursing home resident and one injured by a severe fall.

If your loved one suffered a nursing-home-related-fall and are looking for an explanation, one of the fist areas that should be analyzed is to see what medications the individual was taking.  Nursing home staff has a duty to do an assessment of all residents-- including a medication review--- to determine their 'risk' of falling.  A failure to do such an assessment-- or if it was improperly conducted opens the facility to potential fall-related liability.

Sources:
MayoClinic.com – Hypotension
MayoClinic.com – Orthostatic hypotension
Merck – Orthostatic Hypotension

Thanks to Heather Keil, J.D. for her assistance with this article.

 

Two Falls Within 24-Hours At California Nursing Home Cost Patient His Life

Two falls within a 24-hour period resulted in the death of a California nursing home patient.  The incident involved a patient was was recently admitted to the facility for rehabilitation following hip surgery.  The falls took place on May 9th and 10th at Aviara Healthcare Center in Encinitas, CA. 

After the first fall (that did not cause any injury), the staff put a bed alarm on the patients bed to alert the staff if he got out of the bed. Despite the bed alarm, staff at the nursing home failed take notice when the man got out of his bed and entered the nearby hallway.   In an effort to stabilize himself, the man grabbed on to a lift that was parked in the hallway and it fell on top of him resulting in multiple trauma.  Three days later, the man died from his injuries.

An investigation into the matter revealed that the facility should have never allowed the lift machine to remain in the hallway it posed a risk to residents due to its propensity to fall.  Investigators also determined that the facility failed to have proper guardrails that may have further contributed to the man's death.

The facility was fines $100,000 for this incident.  Read more about the fines related to this California nursing home here.

The importance of investigations by state agencies

One of the things that jumped in my head after learning abut this fall incident was how valuable inspections by state agencies are.  Inspectors have access to facilities where they can do a physical inspection of the equipment involved in an alleged incident-- but perhaps most importantly is that they have access to nursing home employees and administrators who have knowledge of an incident-- these people have no choice but to speak with these investigators.

In nursing home litigation cases, these inspections frequently provide the necessary information to successfully prosecute a case.  In most situations, by the time a nursing home negligence lawsuit is filed, the employees involved in an event have long since left the facility and it is difficult-- if not downright impossible to find them.  In the case of a disabled to deceased plaintiff, the testimony is essential to prove the case.

All this is to reinforce the importance of notifying the state department of health immediately upon learning of an event where a loved one was injured or killed.  A timely investigation by state authorities can mean the difference between a successful prosecution of a matter and an 'unfortunate tragedy'.

Related Nursing Homes Abuse Blog Entries

How Many Falls Is Enough To Impose Responsibility On Nursing Home?

Nursing Home Cited For Mistreatment Of Resident Following Investigation Of Resident's Fractured Neck

Never Event #1: Hospital Falls & Trauma

Home Care Nurse Gets Probation For Ignoring Bedsores On Child

Cook County Judge James Linn sentenced Morris Lee Brinkley, a home-care nurse, to two years probation and 60 days of community service following her role in the death of a Chicago boy who she responsible for caring for.   Earlier, Brinkley pleaded guilty to criminal neglect of a disabled person.

Brinkley provided home-care nursing to the 13-year-old boy with cerebral palsy.  Despite the fact that she only saw the boy on weekends, she admitted that she was aware that the boy was mistreated by his mother-- yet she failed to alert authorities.

When questioned, Brinkley knew the boy's mother:

  • Left the boy alone for extended periods
  • Allowed the boy to sit in his own excrement
  • Become malnourished
  • Develop serious bedsores
  • Canceled regularly scheduled doctors appointments

In March, 2008 the boy was taken to La Rabida Children's Hospital because he was having trouble breathing.  Unfortunately, by the time the boy was taken to the hospital, there was little medical officials could do.  On March 15th the boy died from infection known as sepsis that originated in the advanced bed sores.

"These are acts of omission rather than commission," according to Judge Linn. "Something got out of control here," he added.

The boy's mother and another home-care nurse were also charged criminally for their role in the boys death.  Their cases are pending.

Thank goodness this judge decided to punish (albeit seemingly lightly) a health care professional who violated her duty to protect a disabled person she was responsible for caring for.  Hopefully this will 'encourage' other nurses to do their job and report abuse and neglect when they witness it.

Read more about this Chicago home-care nurse here.

Related Nursing Homes Abuse Blog Posts

Home Care Nurse Has License Suspended In Connection To Death Of Disabled Boy

Cook County Nursing Home Pleads Guilty To Gross Neglect Charges

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

Spotlight On: Helia Healthcare of Urbana

Soon after being listed on the first-quarter 2009 “violator list” published by Illinois Department of Public Health (“IDPH”), Helia Healthcare of Urbana closed its doors. Helia Healthcare of Urbana was a 99-bed facility, formerly located at 907 North Lincoln in Urbana, Illinois. The News Gazette reports that Helia Healthcare of Urbana transferred its residents to other facilities on April 24, 2009 when it was “unable to correct deficiencies” and lost its federal funding.

The “deficiencies” came to light when the IDPH issued Helia Healthcare of Urbana a violation notice and fined it $22,500. The IDPH stated that the facility needed to “develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property.” The IDPH also found that the facility did not provide adequate supervision and assistance devices to prevent accidents, which resulted in injuries to residents.

The most concerning finding was that Helia Healthcare of Urbana had put a resident in immediate jeopardy. This jeopardy resulted from a lack of an anticoagulant policy that would provide staff with guidance on appropriate medication and treatment. The resident’s leg hemorrhaged after the facility failed to monitor and follow up on laboratory test results. The resident required emergency room treatment. Even though the resident’s condition could have been life-threatening, Helia Healthcare of Urbana had failed to fully implement an anticoagulant policy several weeks later, which left the residents at risk.

Helia Healthcare of Urbana was a for-profit facility and, according to the Medicare website, the owners operate other nursing home facilities. Although Helia Healthcare of Urbana is now closed, seven other facilities in Illinois have names beginning “Helia Healthcare.” Five of those facilities share the below-average one-star quality rating that Helia Healthcare had. These one-star facilities are: Helia Healthcare of Belleville, Helia Healthcare of Carbondale, Helia Healthcare of Champaign, Helia Healthcare of Energy, and Helia Healthcare of Greenville. Details of the conditions that earned the facilities the one-star rating can be found on the federal Medicare website.

If you are concerned about conditions and the treatment of residents at any of the Helia Healthcare facilities, call us at (888) 424-5757 for a confidential consultation.

Thanks to Deborah Morgan, J.D. for help in the preparation of this entry.

 

Should Criminal Background Checks Be Required At All Nursing Homes?

Today, the Village of North Aurora, IL will consider mandatory fingerprinting for criminal background checks for all residents of the North Aurora Care Center as well as other changes at the facility.  Originally constructed in 1971 for the 'care of old age", today the facility provides both daily living assistance and medical care for 103 patients.  In 2006, almost half of the facilities residents had a primary diagnosis of mental illness and 60% of the residents were younger than 60.

In addition to conducting criminal background searches of residents, the proposal under consideration would also have the facility install alarmed doors to alert staff if a resident is leaving without permission, mandatory sign-out for all residents, mandatory staff chaperoning of residents and a fenced-in yard for the facility.

The proposals came primarily in response to community complaints regarding the residents behavior and that it is located next to an elementary school.  Officials at the school claimed that residents solicited money from people in the neighborhood, swore at students and staff while they were on the playground, urinating on school property and wandered on school grounds.

Although the facility may exclude people who have been convicted of violent crimes, the Federal Fair Housing Act prohibits panning people with mental illness from living in the facility.  Medicare statistics estimate the number of mentally ill people living in nursing homes has risen 50% since 2002.  On a national level, residents with mental illness account for 9% of the nursing home population.

I predict we will be seeing more of these types of safety parameters installed at nursing homes throughout the country.  And why not?  Removing a group of known offenders from an extremely vulnerable group just makes common sense.

Source:

N. Aurora nursing home patients under scrutiny, Daily Herald, June18, 2009

Nursing Homes Abuse Blog Related Entries:

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit

Man Charged With The Rape Of Fellow Resident In Illinois Nursing Home

Young, Mentally Ill Residents Pose Significant Threat To Nursing Home Residents
 

Nursing Home Worker Charged With Raping A Wheelchair-Bound Patient At Rhode Island Facility

Another nursing home employee faces criminal sexual assault charges following the alleged rape of a 56-year-old paraplegic patient at Charlesgate Nursing Center in Rhode Island.  According to nursing home administrators, this employee passed a criminal background check prior to his employment.  The patient asserts that this was at least the second occasion she was raped by this employee.  If this is the case, this facility may open itself to civil liability for inadequately supervising this employee.

Charlesgate owns seven nursing homes, assisted living centers, and independent living centers in Rhode Island.

  • Charlesgate Nursing Center
  • Charlesgate Assisted Living
  • Charlesgate Independent Living
  • Charlesgate North
  • Charlesgate South
  • Charlesgate East
  • Charlesgate Park West
  • Parkis Place

Related Nursing Homes Abuse Blog Entries

Nursing Home Worker Charged With Sexually Assaulting Resident In Virginia Facility

CNA Sexually Assaults Two Residents In North Carolina Nursing Home

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

Nursing Home Abuse: Texas Nursing Home Worker Caught Punching Resident

Nursing Home Spotlight: Clearbrook East in Rolling Meadows, Illinois Fined For Violations Involving Neglect

As we reported in a recent blog entry,  thirty-two nursing homes made it onto the first-quarter 2009 “violator list” published by Illinois Department of Public Health (“IDPH”) in March.  Today we shine a spotlight on one of those facilities: Clearbrook East.

Clearbrook East is a 92-bed, non-profit nursing home facility, located at 3802 South Old Wilke Road in Rolling Meadows, Illinois, that serves adults with developmental disabilities.  Its website proclaims that it is committed to “creating innovative opportunities, services and support for persons with disabilities.”   Regrettably, the IDPH report suggests that Clearbrook East fails to do all that it should to protect its clients from neglect.

On January 8, 2009, the IDPH issued Clearbrook East a violation notice and fined it $15,000.  It found that the facility did not ensure that there were adequate protections in place for resident safety.  Most significantly, Clearbrook East staff failed to develop and implement the facility’s policy to prevent neglect. 

IDPH found, for example, that the staff’s failed to properly follow residents 'care plans'.  During the course of its survey, IDPH investigators determined that the staff's failure to follow its policy resulted in a resident suffering a seizure and another resident suffering multiple multiple falls with serious injuries on another. 

With respect the the fall incident, investigators determined that Clearbrook East staff held a meeting specifically to discuss this particular client’s extensive history of injuries from falls and how to prevent such falls in the future.  However, just four months later, the client fell again, this time sustaining two fractured ribs.  The staff’s failure to follow-through on the preventative measures constituted a violation of the policy barring neglect.

The IDPH regulates nursing home facilities and establishes basic guidelines to ensure that residents of nursing homes are protected.  A facility’s failure to follow IDPH regulations can result in needless neglect and abuse of residents.  In the Clearbrook East, clear policies on neglect could have prevented a resident prone to seizures from a painful injury caused by a fall. 

Our firm is committed to protecting the rights of residents-- especially those with disabilities-- to live free from injury and neglect and we appreciate the work of the IDPH in monitoring these facilities for compliance with basic standards.  If you would like to discuss an incident involving neglect at Clearbrook East, or any other facility, we would be honored to discuss you situation.  (888) 424-5757

Jury Awards Woman $1.3M After Fall At Elder-Care Facility

A California jury awarded $1.3 million in damages to a resident who fell at Leisure Palms, an elder-care facility.  In October, 2006 Elaine Stinson was admitted to Leisure Palms by her husband so the facility could provide care to Elaine-- who was diagnosed with Alzheimer's and was recovering from hip surgery.

On December 31, 2006, Elaine fell at Leisure Palms and sustained a closed-head injury, broken ribs, and a punctured lung.  Despite the injuries, staff at the facility placed her in bed--but never notified her physician or husband.  On January 1st, Elaine's family found her non-responsive and took her to a hospital where she underwent surgery for fall-related injuries.  Elaine spent 10 months recovering at a rehabilitation facility.

According to the woman's lawyer, staffing deficiencies were the primary she sustained the fall.  "There was an inability to monitor, care for or even understand the needs of the elderly that they take on."

Leisure Palms will appeal the verdict.  Read more about this California jury verdict in favor of an injury elder here.

Nursing Home Staffing

OBRA regulations, essentially the standard of care for nursing home residents, require nursing homes to, 'provide the necessary care and services for each resident to attain or maintain the highest practicable level of physical, mental, and psychological well-being'.  This standard is set forth F-Tag 309.  Perhaps the most crucial element in allowing residents to achieving their maximum potential is providing a well trained staff that is capable to tending to resident needs and ensuring their safety.

Nursing Homes Abuse Blog Posts

Make Sure There Are Enough Nurses

A Recipe For Danger: Nursing Shortage Could Reach 1M By 2020

Nursing Home Sued After Resident Fractures Both Hips In Separate Falls

Criminal Charges Filed Against Assisted Living Employee In Relation To Resident Suffering Burns While Eating

As an injury lawyer who frequently handles nursing home negligence matters, I find myself regularly thinking 'what happened to plain old common sense'?  I mean, you can train the nurses, physicians, maintenance workers and administrators til' you're blue in the face-- yet most of the commonly encountered nursing home problems could easily be avoided with plain old common sense.  

Want an example?  How does checking on the temperature of food before feeding a disabled person? Is that too much to ask? 

Along those lines, homicide charges were filed against Alador Thompson, an employee of Cambridge-Brightfield Assisted Living Facility in Hatfield, PA.  The charges are related to an October 8th incident in which Thompson poured scalding oatmeal into the mouth of an Alzheimer's patient she was responsible for feeding.  The oatmeal caused the resident to suffer burns to his lips, tongue, and the inside of his mouth.

The resident was taken to a local hospital for burn treatment.  After three days of hospitalization, the resident was returned to Cambridge where he apparently stopped eating and died.

On August 5th Thompson will be arraigned on charges related to involuntary manslaughter and neglect of a care dependent person. 

Hey district attorney, can I make a suggestion?  How about filing similar charges against the administrator of the facility for accepting this poor man back at the facility and allowing him to starve to death following the obviously severe burns he suffered on hands of your employee? 

Read more about this case of severe neglect at a Pennsylvania assisted living facility here.

Related Nursing Homes Abuse Blog Posts

Ohio Nurse Sentenced To 12 and 1/2 Years For Sexually Abusing 100 Nursing Home Residents

Guilty Plea From Nurse Accused Of Abusing Tennessee Nursing Home Resident

Nursing Home Resident Chokes To Death On Dinner

Who Regulates Nursing Homes?

               "Who regulates nursing homes?"-- Amy, Little Rock, Arkansas

In most states, nursing homes are regulated by a combination of state (Department of Health) and federal authorities (U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services [CMS]).  Each agency has its own regulations that control all aspects of the nursing home including: resident care, staffing, policies and procedures and medical equipment.

Because nursing homes are responsible for complying with state and federal regulations, agents from either agency conduct inspections of the facility to assure compliance with the regulations.  These inspections are called 'surveys' and are generally done unannounced at least one time per year. Surveys may be conducted more frequently at facilities with a history of prior violations or in response to a complaint regarding resident care.

After each survey a report is completed regarding the facilities compliance with applicable regulations.  If the findings do not immediately threat patient safety, nursing home administrators will have an opportunity to review the survey findings and propose a 'plan of correction'.  If however, surveyors find conditions that pose a threat to patient safety, they have the ability to impose a variety of penalties including: fines, appointed facility supervisors, suspension of new resident admissions or license suspension. 

 

Fall In Stairwell Results In Paralysis-- And Ultimately Death Of Chicago Nursing Home Resident

The family of a Chicago nursing home resident has filed a wrongful death lawsuit against Sacred Heart Nursing Home in connection to a fall at the facility.  The lawsuit asserts that Sacred Heart failed to supervise the nursing home patient with bipolar disorder, schizophrenia and a propensity to fall.

The woman left her room without the knowledge of the nursing home staff and fell down a stairwell at the facility resulting in fractures to her back, closed head injuries and paralysis.  Eight months after sustaining the injuries, the woman died. 

The lawsuit is pending in Cook County, Illinois.  Read more about this nursing home lawsuit here.

Falls In Nursing Homes

Nursing homes have a non-delegable duty to conduct an assessment of a nursing home residents regarding their fall risk when the individual is admitted to the facility and re-assessment during their stay.  Although the nursing homes can not be held responsible for all falls in their facilities, nursing homes should be mindful of the following conditions that increase the likelihood of falls:

  • Vision problems, individuals inability to perceive light, glare levels and depth perception may result in their inability to identify fall risks
  • Cognitive impairment
  • Memory problems
  • Weakness in lower and upper extremities
  • Bladder dysfunction
  • Gait and imbalance problems

Irrespective of an individuals fall-risk assessment, nursing home staff should properly monitor residents to insure their well being and monitor dangerous areas such as: stairwells, bathrooms, kitchens and medical areas. 

Related Posts

Nursing Home Sued After Resident Fractures Both Hips In Separate Falls

How Many Falls Is Enough To Impose Responsibility On Nursing Home?

Nursing Home Cited For Mistreatment Of Resident Following Investigation Of Resident's Fractured Neck

California Nursing Homes Hit With Hefty Fines

California has one of the strictest and most severe policies when it comes to dispensing fines to nursing homes who provide poor or dangerous care.  Say what you like about regulation of nursing homes, the reality is that fines really do help improve care and living conditions for nursing home residents.

The state imposed substantial fines against two Orange County nursing homes for providing inadequate resident care.

$100,000 Fine

A $100,000 fine was handed to Alamitos West Health Care Center for allowing an 82-year-old resident to die from dehydration and acute kidney failure.  Less than a month after her admission to the facility, the unnamed woman was admitted to a local hospital and treated for a urinary tract infection, dehydration and an 'altered mental status'.  The woman died on Christmas day.

The California Department of Health investigation revealed that the facility ignored physician orders requiring the facility to monitor the woman's fluid intake and urine output every shift. 

$80,000 Fine

Huntington Valley Healthcare  Center was fined $80,000 for failing to call 911 when a resident was suffering from a heart attack because the facility mistakenly believed the man had do-not-resuscitate orders.  In reality, the resident's chart had an order completed by the resident stating, "I DO WANT CPR' in an emergency situation.  By the time paramedics arrived, the man was covered with a sheet with no evidence the staff had taken any steps to initiate CPR.

I guess the time will tell if their fines do anything to improve the care rendered at these facilities...

Read more about these fines imposed against California Nursing Homes here.

Nursing Homes Abuse Blog Entries Related To Fines

Judge Limits Fines For Poor Nursing Home Care

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

Failure to Follow Orders Results In Death Of Patient & Hefty Fine

World Elder Abuse Awareness Day

Today marks the fourth annual World Elder Abuse Awareness Day sponsored by the International Network for the Prevention of Elder Abuse (INPEA).  WEAAD seeks to promote awareness of elder abuse and neglect in all settings around the world by bringing together governmental and civic organizations.

INPEA is an organization, founded in 1997, which is dedicated to the global dissemination of information as part of its commitment to the world-wide prevention of the abuse of older people.

Learn more about how you can get involved in preventing elder abuse here.

Know The Signs of Elder Abuse:

  • Unexplained bruises, cuts, burns, sprains, or fractures
  • Frozen joints
  • Unexplained venereal disease or genital infections, vaginal or anal bleeding
  • Bloody clothing
  • Sudden changes in behavior
  • Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
  • Resident being kept in an over-medicated state
  • Sudden loss of an appetite

Officials Seek To Close Regal Health and Rehab Center

Officials from the Illinois Department of Public Health are seeking the closure of Regal Health & Rehab Center in Oak Lawn, IL.  Officials cite the facility's pattern of safety problems as the primary reason for their decision to revoke the facilities license.

According to Melany Arnold, an IDPH spokeswoman, "Its happened over the years.  (Regal will) fix (a violation), but then they'll get into another cycle and have a different violation.  They're following the law and operating under the law, but because of the history of the facility, we have grounds to revoke a license."

In February, nursing home inspectors found problems with medical equipment, personnel and supervision of resident.  According to health department officials, the problems were corrected shortly thereafter which in turn allowed the facility to remain open.

However, the 'cycle' of problems at Regal continue.  In April, an inspection revealed an unknown patient sustained burns when he smoked cigarettes while hooked up to an oxygen machine.  The man died shortly after the incident.

In June,Village of Oak Lawn inspector's cited Regal for:

  • Dirty water fountains and appliances
  • Water damaged ceilings
  • Rodent droppings on the floors
  • Employees smoking within the building
  • Employees washing hands in sinks that contained food

"This building is in compliance, there there's not anything negative coming from (the health department about us now," according to Michael Lerner, Regal's owner.  "Anything that's alleged gets resolved," he added.

Lerner is the sole owner of Regal Health and Rehab Center.  Lerner also owns Camelot Terrace and Forrest Hill Health and Rehab according to public records.  Not surprisingly, all of Lerner's facilities have multiple safety violations and have  been regularly sued in Cook County.

I commend the Department of Health for acting proactively in this matter.  Maybe this will be a wake up call to other nursing home owners who elect to provide the most minimal quality of care to their patients.

Read more about this troubled Chicago nursing home here.

Related posts

Third Quarter Illinois Nursing Home Violators

Quarterly Review Of Illinois Nursing Homes Reveals Major Problems

A Legal Victory For Nursing Home Residents. State Laws Can Supersede Federal Arbitration Act

Some court decisions leave lots of room for future generations of law school classes to debate the subtleties of the Judge's wording.  Yet, other times the the court's action--without rendering an opinion-- can have equally powerful results. What could I possibly be inarticulately blabbering about?  

June 1st marked the deadline by which the U.S. Supreme Court could grant review of an Illinois Appellate Court decision nullifying nursing home arbitration arbitration agreements. Instead, the court decided to leave the Appellate decision untouched-- in essence giving its stamp of approval to a holding striking an appellate court decision that invalidated mandatory arbitration agreements in nursing home negligence cases.

In Sue Carter v. SSC Odin Operating Company, LLC, (885 N.E. 2d 1204, 319 Ill.Dec. 524 (2008), the daughter of a nursing home resident brought a wrongful death and survival cause of action under the Illinois Nursing Home Care Act against the nursing home where her mother was a resident.  Despite the fact that Ms. Carter executed a 'Health Care Arbitration Agreement' on her mothers behalf when she admitted her mother to the facility, the Appellate Court ruled that state law preserved her right to a jury trial. 

The nursing home operator appealed the Appellate Court decision, claiming the mandatory arbitration clause, pursuant to the Federal Arbitration Act, should overrule any state law as the federal legislation should take precedent.

Consequently, nursing home arbitration agreements in Illinois will likely be a thing of the past. Perhaps, this action by the court will dissuade other states from enforcing similar agreements.

Read more about this important case preserving nursing home resident rights here.

Nursing Homes Abuse Blog Posts On Arbitration Agreements

The Invalidity Of Nursing Home Arbitration Clauses

Are Trials Really That Important?

Michigan Court Strikes Nursing Home 'Arbitration Clause' And Allows Wrongful Death Case To Proceed In Court

AARP Joins Fight To Preserve Right To Jury Trial

When Bruises Can't Speak For Themselves: The Difficulty Proving Abuse Of Disabled Nursing Home Residents

The News & Observer, had an article about the difficulty proving physical abuse in disabled nursing home residents who are unable to communicate any information about the act. The article focuses on an 88-year-old disabled woman who sustained bruises to her face(consistent with abuse) while a resident at Sunnybrook Healthcare and Rehabilitation in Raleigh, N.C. The woman suffered from advanced dementia and was unable to walk or roll over-- therefore bruising due to a fall could immediately be ruled out.  Read the full article about the abuse of disabled nursing home residents here.

Elder abuse in North Carolina

Complaints of elder abuse in North Carolina increased 20% between 2007 and 2008.  According to Sharon Wilder, a state ombudsman for long-term care, reports of abuse, neglect and exploitation will continue to increase both as a function of the rise in the numbers of the elderly population and as a result of caregivers demand to get answers following an incident.

"We now have baby boomers emerging as the sandwich generation and as caregivers for their elders," Wilder added.  "Their nature is to ask more questions and to want more answers.  There are more willing to contact whoever they need to get answers." 

According to North Carolina nursing home surveys, just 15% of the reports of elder abuse occurred in a long-term care setting, with the remainder of alleged abuse occurring in private homes and reported by relatives, neighbors or health care professionals.

Abuse of the elderly in long-term care settings

Despite a seemingly endless supply of news headlines, directing attention to this despicable act, most cases of elder abuse go unreported.  Remember, you know your loved one better than anyone else.  If you suspect mistreatment or abuse, immediately report the situation to local police and/or ombudsmen.  A timely investigation can go a long way towards identifying the individuals responsible for the abuse and hold them accountable.

The following conditions warrant investigation:

  • Unexplained bruises, cuts, burns, sprains, or fractures
  • Frozen joints
  • Unexplained venereal disease or genital infections, vaginal or anal bleeding
  • Bloody clothing
  • Sudden changes in behavior
  • Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
  • Resident being kept in an over-medicated state
  • Sudden loss of an appetite

Over the course of the the past 30 years, lawyers at Rosenfeld Injury Lawyers, have helped families coping with the fallout from elder abuse.  In many cases, we have successfully recovered damages from the facilities where the abuse occurred.  If you have a question related to abuse in a long-term care setting, we would honor the opportunity to speak with you.  (888) 424-5757

Web Resources:

The National Center On Elder Abuse

World Elder Abuse Awareness Day

MRSA In Nursing Homes On The Rise Amongst Residents & Staff

An English study evaluating the prevalence of MRSA (MRSA stands for methicillin-resistant Staphylococcus aureus) in nursing homes has revealed residents and staff are at risk for contracting the bacteria. The sampling 1,111 residents and 553 staff in 45 nursing homes revealed 24% of residents and 7% of the staff were MRSA carriers.

According to Dr. Paddy Kearney, Consultant Medical Microbiologist with the Northern Health and Social Care Trust, "We decided to carry out the study after noticing an apparent increase in recent years in the number of patients who had MRSA when they were admitted to hospital from nursing homes."

Kearney blames nursing homes' indifference to MRSA as a contributing factor in its prevelence.  "In hospitals routine checks are carried out to identify those most at risk of MRSA colonization  (carrying it on their skin and/or nose) and infection control policies are put in place but this is not always feasible in private nursing homes."

Why MRSA is problematic for nursing home residents

MRSA is a strain of staph that's resistant to most antibiotics commonly used to treat it.  In the older population, the ineffectiveness of certain drugs is dangerous because a weakened immune system has difficulty fighting off serious infection.  The prevalence of MRSA is believed to be related in some respects to the overuse of antibiotics.  MRSA can be fatal.

Medical professionals now use the term, health-care associated MRSA (HA-MRSA) to describe MRSA in a nursing home or hospital setting.   

Most strains of MRSA can still be treated with the antibiotic 'vancomycin'.  However, new strains of drug-resistant MRSA are now becoming more prevalent and the use of vancomycin to treat MRSA is becoming less effective.  If MRSA is isolated to a wound, doctors may chose to drain the would and not presrcibe any vancomycin.

How To Prevent MRSA In Long-Term Care Settings

  • Wash your hands.  Scrub hands briskly for at least 15 seconds, then dry them with a disposable towel and use another towel to turn off the faucet.
  • Use hand sanitizer containing at least 60 percent alcohol for times when you don't have access to soap and water.
  • Don't share personal grooming items, such as towels, razors, toothbrushes, bed sheets or clothing
  • Keep wounds covered with dry bandages.
  • Shower frequently with soap and water.
  • Keep MRSA patients separated from the general population
  • Take antibiotics as prescribed and don't share with others

Resources On MRSA

MRSA: Understand your risk and how to prevent infection, MayoClinic.com

Prevalence of Methicillin-Resistant Staphylococcus aureus Colonization in Residents and Staff in Nursing Homes in Northern Ireland. Journal of the American Geriatrics Society. 57(4):620-626, April 2009

Videotape Confirms Resident Murdered By Peer At North Carolina Facilty

Daniel East, a resident at David's House, an assisted living facility has been charged with the murder of Jeremiah Daniel Love-- his co-resident.  The surveillance video shows East striking his fellow resident in the head with a metal cane.  Love died shortly after the incident at Wake Forest University from closed head injuries.

East was arrested on unrelated charges-- for threatening to beat a David's House employee with a cane-- on the day that Love died.  East has a criminal history including: time served for assault with a deadly weapon with intent to kill, assault on a female and driving while impaired without a license.

East is in custody on $2 million bond.  

This story is further evidence of the need to keep violent offenders separated from the general population in nursing homes, hospitals and assisted living facilities.  Too often there is an assumption that because an offender may look like a grandfather--he is harmless.  This story is a reminder that individuals with violent tendencies rarely 'out grow' such behavior.  

Our sincere condolences go out to the family of Jeremiah David Love.

Read more about this violence in North Carolina here.

Related Nursing Homes Abuse Blog Posts

District Attorney Endorses Use Of Video Cameras In Nursing Homes

Autopsy Confirms Man Was Murdered In Chicago Nursing Home

Forensic Evidence Of Elder Abuse Video

Failure To Conduct Adequate Pre-Employment Criminal Background Search Costs Assisted Living Facilty $750,000

A jury awarded $750,000 to a disabled man who was a resident at Cote De Neige Home for Adults after he was sexually assaulted by a worker at the facility.  The lawsuit was brought against the assisted living facility for their failure to conduct an adequate pre-hiring background search before hiring a certified nursing assistant. 

Junious Boyd Batten, the CNA who was allegedly involved in the sexual assault, currently faces five counts of forcible sodomy, three counts of carnal knowledge and one count of abuse and neglect for incidents that occurred between 2006 and mid-2007 while he was employed by Cote De Neige. 

According to claims made in the lawsuit against Cote De Neige, Batten was a known criminal--both before and during his employment at Cote De Neige.  The lawsuit claims Batten was charged with 13 criminal offenses-- including four criminal convictions (public intoxication, two assault and battery charges and one contempt of court charge) during the course of his employment as a CNA.

Too often, in situations such as this, facilities are let off the hook because they claim they lack knowledge about an employees violent tendencies.  While this case may be extreme-- in terms of the extensive list of criminal charges Batten faced before and during the course of his employment-- this verdict should serve as a reminder to all facilities that they must do an pre-employment job screening and continually supervise all employees.

Incidentally, this verdict includes $500,000 in compensatory damages and $250,000 in punitive damages.  Consequently, even if this facility files for bankruptcy the owner of the facility will remain responsible for payment of the punitive aspect of this case.

Read more about this case involving a judgment against an assisted living facility for failing to conduct an adequate pre-employment screening of an employee here.

Nursing Homes Abuse Blog Related Posts

Failure To Properly Screen CNA Could Cost Facility 3.5 Million

Nurse Charged With Sexually Abusing Two Nursing Home Residents

"Nursing Homes Abuse Blog" Quoted In Article On Nursing Home Abuse

Nursing Home Worker Charged With Sexually Assaulting Resident In Virginia Facility

Homer C. Valdez, 35, an employee of Manassas Nursing Home and Rehab has been charged with 'object sexual penetration' of a 72-year-old resident at the facility.  Mr. Valdez's co-workers reported his behavior to police on May 27.

According to officials at Commonwealth Care, the parent company of Manassas, Valdez has been suspended from his position at the facility pending the outcome of the criminal case. Commonwealth Care officials would not reveal how long Valdez had worked at Manassas or the capacity in which he was employed.

"This is something that we take very seriously and he will not be back working until after an investigation by law enforcement and a subsequent trial is completed,” said David Tucker an administrator at Commonwealth Care.

In the meantime Valdez remains in custody without bond.  Read more about this sex crime at a Virginia nursing home here.

About Manassas Nursing Home

Manassas Nursing Home is a Virginia facility that is certified to care for 120 residents.  According to Medicare records, Manassas rates just one out of five stars when it comes to overall care provided to residents.  Commonwealth Care has managed the facility since December 2006 and employs about 100 people. Commonwealth also manages Gainesville Health and Rehab.

Violence In Nursing Homes By Employees

Nursing home residents have a right to live in an environment free from violence.  When it comes to providing a safe environment, nursing home owners and administrators must do sufficient background checks to assure the people they hire do not have criminal backgrounds.  

Additionally, nursing homes have a responsibility to supervise employees.  This generally means having an adequate number of other workers in the facility to provide random 'spot checks' of all employees.  Additionally, nursing homes must investigate every allegation of employee misconduct to assure the safety of other residents.  Nonetheless, if you suspect abuse of resident at a nursing home, report the incident to law enforcement officials immediately.  Do not let nursing homes do their own investigation on their own time and terms.

Blacks Receive Inferior Care At Most Nursing Homes

A very informative, and frankly disheartening, investigative article on race in Chicago Nursing Homes was recently published in The Chicago Reporter.  The article's author, Jeff Kelly Lowenstein, concluded that black nursing home residents received inferior care compared to their counterparts in predominately white facilities-- even when the facilities were owned by the same person.

Lowenstein analyzed the care rendered to residents at Alden Nursing Home, a well known chain of Chicago facilities owned by Floyd Schlossberg.  Lowenstein obviously did his homework, he analyzed data from: the Illinois Department of Public Health's website, staffing levels on the Centers for Medicare and Medicaid Services (Nursing Home Compare) and racial composition data from the Department of Community Health at Brown University.

The research conducted by Lowenstein, reveals the following disparities between predominately black v. predominately white nursing homes:

  • Each of the three predominantly black facilities received the lowest possible rating in 2009 from Nursing Home Compare, a federal database to evaluate nursing homes that are Medicare- and Medicaid-certified. Less than half of Schlossberg’s 16 predominantly white facilities received that same rating.
  • Two facilities received the highest ratings. At both facilities, located in Evanston and Skokie, at least 84 percent of the residents were white.
  • Residents at Schlossberg’s predominantly black homes received much less staff time than residents of his predominantly white facilities. For example, residents at Alden Estates of Evanston received an average of 5.53 hours of care per day, compared with 2.04 hours at the Greater Grand Crossing facility and 1.73 hours at the Heather Health Care Center in Harvey, which are both predominantly black. The combined total of daily care given at the three, predominantly-black homes was just 19 minutes more each day than the time at the predominantly-white facility in Evanston.
  • Sclossberg's predominately black facilities has three times as many lawsuits filed against them as half of other Chicago nursing homes.

I hope the public will put pressure on Schlossberg to raise standards in all of his facilities.  Why should the quality of care be based on race?

Resources:

Disparate Nursing Home Care, by Jeff Kelly Lowenstein

Map Of Alden Nursing Homes and racial composition, from The Chicago Reporter

Related Nursing Homes Abuse Blog Articles

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

Chicago Nursing Homes Not Making The Grade

Man Falls From Fourth Floor Window To His Death At Alden Nursing Home

See the Alden facilities below:

Continue Reading

Nursing Home Sued After Resident Fractures Both Hips In Separate Falls

A nursing home negligence lawsuit has been filed against Stearns Nursing and Rehabilitation Center after a 95-year-old resident fell on multiple occasions and suffered hip fractures. The lawsuit alleges that the facility failed to implement fall precautions despite the fact the facility knew the resident suffered from Alzheimer's, was generally confused and considered to be a 'high fall risk'.

The lawsuit claims, Stearns suffered multiple falls resulting in injuries during her admission from May 25th through July 7, 2007. In particular, the lawsuit alleges the following specific incidents:

  • On May 27, the resident wandered the hallways, unattended, and fell fracturing her left hip.
  • On June 6, while left unattended in a wheelchair and with a shut-off personal alarm, she fell out of the wheelchair.
  • On June 15, the resident pulled herself out of her wheelchair and roamed the hallways un-assisted and fell, fracturing her right hip

The lawsuit is pending in Madison County Circuit Court.  Read more about this lawsuit against Stearns Nursing and Rehabilitation Center here.

Nursing Home Falls

More than 1,800 people die each year in nursing home falls.  All health care professionals in the nursing home setting must work together to help encourage nursing home safety.  Nursing homes are required to conduct a fall-risk assessment for every resident to determine who may be at risk for falls.  This puts the staff on notice as to who may need special attention and sets forth what accommodations should be in place for each resident.

Additionally, staff should always be on the lookout for residents who may require assistance getting about.  If residents have a history of falls, the facility should consider using alarms on chairs or beds to notify the staff when the person attempts to walk on their own.

Falls in nursing homes occur for a variety of reasons.  Some of the more common causes for falls  are:

  • Muscle weakness and walking or gait problems
  • Hazards in the nursing home- wet floors, poor lighting, improper be heights, improperly maintained wheelchairs, equipment left out of place
  • Medications-  Drugs that effect the central nervous system, such as sedatives and anti-anxiety drugs (psychoactive drugs)
  • Improperly fitting shoes or incorrect walking aids
  • Frequent use of restraints
  • Inadequate staffing levels that fail to provide sufficient assistance to residents

If your loved one sustained a fall during a nursing home admission, our nursing home litigation team will provide a free case analysis to determine if a lawsuit against the facility is warranted.  Why not put our experience advocating on behalf of the elderly to work for you today?

Related Nursing Homes Abuse Blog Entries

How Many Falls Is Enough To Impose Responsibility On Nursing Home?

Nursing Home Cited For Mistreatment Of Resident Following Investigation Of Resident's Fractured Neck

Falls Amongst The Elderly Can't Be Ignored

Nursing Home Manager Accused Of Stealing From Resident

Adelita Rosas, a manager at an Austin nursing home stands accused of stealing more than $2,000 from an elderly resident at Maggie Johnson Nursing Home.  Rosas admittedly endorsed and cashed a check made payable to a resident and then gave the funds to the resident's family, yet she claims the situation is an innocent misunderstanding.  "Of course, I had to sign the back of the check.  Because he (the resident) didn't have his ID, they wouldn't cash it for him," said Rosas.

At the very least, Rosas violated the nursing home's policy when she gave the money to the resident's family.  According to Cheryl Lillian, President of Legacy Care Centers, the nursing homes parent company, "It's all they have, and they entrusted it to us to take care of.  The preponderance of the evidence says she did it.  I believe she did it."

Rosas was removed from her position at Maggie Johnson shortly after administrators became aware of the incident.  No word if Rosas will face any criminal charges from her alleged theft from the elderly.  Read more about this case involving a Texas nursing home here.

Financial Abuse Amongst The Elderly

Financial abuse is the most common type of abuse in the elderly population.  Financial abuse is generally considered to be the theft or conversion of money or other property by caregivers, relatives, or other people the elderly person trusts. Many cases of financial abuse remain undocumented because those initiating the fraud have become sophisticated in evading authorities.  For example, parties involved in financial abuse may sign over the title to the older person's home or other assets to the abuser and then sold. Other examples of financial abuse include unauthorized removal of funds from: checking, savings, and investment accounts. Another major area of financial abuse amongst the elderly is the alteration of wills.

The National Institute on Financial Issues and Services for Elders, a Unit of the National
Council on the Aging, says to watch for these signs of financial abuse:

  • The elderly person's living conditions are well below his or her financial resources.
  • Unusual or inappropriate bank account activity is reported.
  • Frequent checks for cash are written to a caregiver or financial professional.
  • Bills go unpaid or are overdue when someone is supposed to be paying them.
  • The elderly person transfers title of his or her home or other assets for no apparent
    reason.
  • Large, frequent gifts are made to a caregiver.
  • The person is reluctant to talk about once-routine topics.
  • Personal belongings are missing.
  • Attempts are made by a caregiver, friend, or relative to isolate the person from
    others.
  • Changes are made in a will when the person appears to be incapacitated.
  • The older person takes out large, unexplained loans.
  • A live-in caregiver refuses to leave or is evasive about financial arrangements. 

When it comes to financial abuse in the elderly population, nothing can take the place frequent monitoring of you loved ones.  If you suspect financial abuse, notify authorities immediately before the property or funds are forever lost.

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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