Nursing Home Spotlight: Devon Gables Health Care Center, Tuscon, AZ

The Devon Gables Health Care Center is a very large, 312 bed nursing home in Tucson, Arizona. 

As of May 20, 2009, the Arizona Department of Health Services gave the nursing home a quality rating of “A,” which is Excellent.  However a closer look into the facilities recent past reveals problems that threaten patient safety.  On June 22nd, the nursing home agreed to pay $1,450 in civil penalties for failure to implement their own policies on skin care, change of condition, and wound monitoring for one resident.  During a state investigation, inspectors discovered sixteen violations of state and federal rules. 

The state inspection report included violations for:

  • Failing to get a resident timely treatment for a skin problem that developed into a serious pressure sores
  • Giving narcotic drugs to a resident who was known to be allergic to narcotics
  • Failing to develop a post-discharge plan for a resident who was released to an unsafe environment
  • Failing to report an allegation of abuse involving one resident to the state
  • Failing to document nursing assessments before and after three residents had dialysis

According to the government’s Medicare website, the facility received two out of five stars, which is a below average rating.  In the past year, the nursing home had eighteen health deficiencies, which is six more than the average number of health deficiencies in Arizona and ten more than in the United States.  The number of health deficiencies increased over the past two years.

An April 2009 inspection resulted in twenty-one citations for failing to provide reasonable accommodations, allowing residents to develop pressure sores, and failing to keep the premises free of dangerous situations. 

The nursing home inspection also revealed that Devon Gables failed to file laboratory reports in one resident’s clinical records, which violates the requirement that a record be kept of all medical services for residents.  The resident, who suffered from renal disease, had blood tests, but the results were not in the resident’s file. 

Devon Gables failed to keep its facility free from a condition or situation that could cause a resident physical injury when it failed to equip a shower room with a nurse call system. 

Also, due to safety concerns, the nursing home is required to store medications in locked compartments.  This requirement was not met when Devon Gables left a treatment cart unlocked and unattended for almost an hour. 

Lastly, nursing homes are required to provide all residents with reasonable accommodations to ensure the highest level of physical and psychological well-being.  In this respect, Devon Gables failed to provide two residents with wheelchairs with foot pedals to help properly positioning in the wheelchairs.   Also along these lines, Devon Gables was cited for failing to provide appropriate care and treatment to one resident with limited mobility.  The resident was admitted to the facility with a risk for skin breakdown.  Later, the resident developed an area of compromised skin caused by the foot rubbing against a wheelchair pedal.  This area of skin developed into a Stage IV pressure sore

The numerous citations and recent fine for civil violations calls into question Devon Gable’s ability to provide adequate care for its residents.  If your family member is a victim of poor care at Devon Gables, I would honor the opportunity to discuss your situation.  As always, our legal services are completely free if there is no recovery for you.  Speak to our experienced nursing home lawyers today.  (888)424-5757.

Sources:

Arizona Daily Star – Nursing Home in Tucson to Pay $1,450 State Fine

Arizona Department of Health Services – Devon Gables Health Care Center

Medicare – Devon Gables Health Care Center

Nursing Homes Abuse Blog - Coincidence? Two Lawsuits Recently Filed Against Same Nursing Home

Special thanks to Heather Keil, J.D. for her assistance with this entry

 

Video Demonstrates First-Hand Neglect At Hancock Park Rehabilitation Center, Los Angeles, CA

Ahhh, the power of home-videos!  Of course most of us acquire video camera with the hopes of capturing our babies first steps or our parents' silver anniversary, yet this clip highlights how powerful this little piece of technology is when it comes to capturing everyday life.  

Here, Todd Mobbs again documents the living circumstances of his father while a resident at Hancock Park Rehabilitation Center in Los Angeles, CA.  True, we could listen to him describe the situations his father dealt with, but the video component certainly is powerful.

This video, and Todd's other compilations, demonstrate that everyday people can and should document what their loved ones are experiencing as nursing home patients.  If you see unsanitary living conditions or physical evidence of abuse or neglect, I strongly suggest taking all measures to document your experiences.  Even if the matter is not legally pursued, spreading the word about these situations will enhance future living conditions for us all.

Resources:

Hancock Park Rehabilitation Center- Surveys, California Health Facilities Information Center 

Just Do It. Photograph Everything, Nursing Homes Abuse Blog

What Steps Should I Take Before Meeting With A Nursing Home Lawyer? Nursing Homes Abuse Blog

Hefty Fine Imposed On A Kindred Nursing Home For Failing To Report Potential Abuse To Authorities

Officials from the North Carolina Department of Health and Medicare slapped a $210,000 fine on Sunnybrook Healthcare and Rehabilitation following an investigation that determined the facility failed to identify and report serious bruising of a resident.  As we discussed, authorities were alerted after 88-year-old Della Jarrett was found with multiple facial bruises. 

Staff at Sunnybrook offered no explanation for the bruising despite the fact that Weaver was bed-bound, making any self-inflicted injury virtually impossible. 

Jarrett's daughter's complaint triggered an investigation into the matter by North Carolina officials.   Despite the visible bruising, officials were unable to confirm if the bruises were indeed related to abuse.  Nonetheless, investigators cited the facility for multiple violations that put residents at risk for 'immediate risk of harm'.  Read more about this substantial fine against a Kindred operated nursing home here.

Nursing Homes Responsibility To Investigate & Report Abuse

Nursing homes have a non-delegable duty to provide all necessary care to help patients maintain their highest level of physical and psychological well being (F-Tag 309).  Obviously, this means facilities must an environment free from all forms of abuse (F-Tag 309 and F-Tag 223).

Especially when caring for disabled patients, nursing homes must take maximum precautions to ensure their well being.  Relatively, simple preventative measures on the part of the facility can ensure a safe environment for patients.  Nursing homes should:

  • Conduct a pre-employment background check of all employees
  • Have staff routinely check on bed-bound or disabled residents
  • Restrict visitors to those who are approved by family
  • Keep younger residents away from more fragile residents
  • Investigate all allegations and signs of physical and psychological abuse

Related Nursing Homes Abuse Blog Entries

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

Nursing Home Attorney, Jonathan Rosenfeld, Discusses Elder Abuse In News Article

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

Social Worker Indicted After Financially Exploiting Tennessee Nursing Home Resident

A grand jury indicted, Douglas Harris, following allegations relating to the financial exploitation of a mentally disabled resident at the nursing home where he was a social worker.  According to the Tennessee Bureau of Investigation (TBI), Harris was director of social work at Brookhaven Manor.  During a period between November, 2007 and March, 2008 Harris unlawfully persuaded the resident to give him: a $20,000 check, cash, and a luxury van.

A statement from a TBI spokesman reads, "Harris was employed as the director of social work at Brookhaven nursing home located in Kingsport Tennessee when he obtained property and cash from a resident of the facility who was incapable of making financial decisions."

The grand jury indicted Harris on the criminal charges related to his financial exploitation of July 14th and he was arrested shortly thereafter by authorities.  Currently, Harris is free on bond and has an arraignment set for September 11th in Sullivan County Criminal Court.

Read more about this financial exploitation at a Tennessee nursing home here.

Financial Abuse In Nursing Homes

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.

If you suspect financial abuse, notify authorities immediately before the property or funds are forever lost.

Lawsuit Claims That Nursing Home's Negligence Resulted In Patient's Decubitus Ulcers

A nursing home negligence lawsuit has been filed against Highland Health Care Center and its parent company  Covenant Care Midwest for their negligent care of a patient.  The lawsuit alleges that the patient was admitted to Highland Health Care Center on November 5, 2008 for physical therapy, following a total knee replacement surgery.

During the course of the prescribed physical therapy, the patient developed decubitus ulcers on his back and heel.  The decubitus ulcers became so severe that, surgery was required to help heal the wounds.

The nursing home negligence lawsuit claims Highland Health Care Center made numerous mistakes related to the patient's care and subsequent decubitus uclers, including:

  • Failing to notify physicians of the patient's change in medical condition
  • Failing to administer treatments prescribed by the physician
  • Failing to make observations related to the patient's change in medical condition
  • Failing to implement a pressure sore prevention program

The lawsuit is pending in Madison County Circuit Court.  Read more about this nursing home lawsuit here.

In with one problem, out with another...

While I certainly have no way of verifying the facts surrounding this nursing home lawsuit, the facts sound all too familiar.  In cases were nursing homes, hospitals rehabilitation facilities are hyper focused on a specific task, such as physical therapy, other patient needs can often fall to the wayside.  

Nonetheless, skilled nursing facilities have a non-delegable duty to take all feasible measure to prevent development of decubitus ulcers.  In this case, I have a hard time believing that if the facility was indeed performing the specified physical therapy on this patient.  If so, how did the decubitus ulcers develop?

Covenant Care

Covenant Care operates 50 facilities (skilled nursing, assisted living and select therapies) in California, Illinois, Indiana, Iowa, Nevada, Nebraska and Ohio. 

Related:

If a lawsuit or claim is filed against a facility where a person developed bed sores, what type of damages is the person entitled to?

What steps should I take before meeting with an attorney to discuss a case involving bed sores?

How long does it take for a lawsuit involving development of bed sores at a medical facility to be resolved?

What type of legal recourse does a person with bed sores have?

Resource:

Nursing Home Injury Laws

Bed Sore Resources

Nursing Home Spotlight: St. Martha Manor

St. Martha Manor is a smaller 57 bed nursing home located in the north side of Chicago.  According to the government’s Medicare website, the facility received only one out of five stars, which is a much below average rating.  In the past year, the nursing home had seven health deficiencies, which is one less than the average number of health deficiencies in Illinois and in the United States.  The seven health deficiencies in the past year are an improvement from the eleven health deficiencies reported the previous year. 
 
Federal law requires nursing homes to report and investigate any acts or reports of abuse, neglect, or mistreatment of residents.  In this respect, St. Martha Manor failed to investigate a resident’s injury of unknown origin when a resident was sent to the hospital with leg swelling and pain and was diagnosed with a broken leg.  The assistant director of nurses at the facility confirmed that no investigation of the injury was performed, and the injury was not reported to the Illinois Department of Public Health.  Also, on several occasions, potentially dangerous medication errors were committed when the facility failed to administer medications in a timely manner.
 
Federal law also requires nursing homes provide the necessary care and services necessary for each resident to maintain the highest quality of life possible.  The facility failed to provide necessary services to a resident with a seizure disorder, leading to recurrent and increasing seizures, some of which resulted in injuries.  Laboratory results showed that anti-seizure medications were not given in high enough doses to control the seizures, and there was no change in anticonvulsant medications even though the resident continued to have seizures.  With another resident suffering from cellulitis (infection of the leg), the staff failed to properly elevate the leg and even left the leg uncovered without a dressing.  The resident had to be taken to the hospital because the infection worsened because the patient was allowed to touch the wound. 
 
The nursing home is required to make sure that the nursing home area is free of dangers that cause accidents.  One survey revealed that two of the twenty four residents sampled failed to receive necessary assistance during transfers to prevent injury.  One resident, who is dependent on staff for all activities of daily living, was supposed to be transferred with assistance to promote safety; however, after being transferred from bed to a chair, the resident fell and suffered a cut to the forehead requiring stitches.  On another occasion, a resident wandered into the parking lot and attempted to exit the fenced area.  While outside the facility, the resident cut his leg and injured his foot.  During this incident, the door alarms failed to alert the staff of the resident’s movement. Additionally, on other occasions, the following accident hazards were reported: standing water, janitorial equipment left unsupervised and missing floor tiles.
 
The nursing home has an obligation to give residents proper treatment to prevent new pressures sores or heal existing pressure soresPressure sores (also known as bed sores, pressure ulcers or decubitus ulcers) are a very serious concern, especially for residents requiring prolonged bed rest, or with limited mobility and weakness.  Nursing home staff must turn residents who are bed ridden or have prolonged bed rest often enough so blood can circulate to areas that are under pressure.  The facility failed to follow a doctor’s order for treatment of pressure sores and also failed to provide pressure sore treatment on several dates.
 
Part of the nursing home’s obligation to protect its resident includes preventing resident elopement.  The facility failed to do this when it allowed a resident to leave the facility undetected, leading to the resident being in immediate jeopardy and requiring the police to locate the missing resident.  This elopement occurred because the resident was not properly monitored by staff even after being identified as an elopement risk. 
 
The nursing home failed to provide an effective pest control program to prevent rodents from entering the building.  Upon inspection, the surveyor observed a door in the laundry room with holes in which rodents could enter.  Then, during a group meeting, it was confirmed that mice had been observed in the building and even in resident rooms. 
 
St. Martha Manor failed to provide housekeeping and maintenance services necessary to maintain an orderly, sanitary, and comfortable interior as evidenced by unsanitary storage of care equipment and furnishings in poor condition.  Also, in the central nursing supply, expired supplements were stored alongside supplement that was not expired.  Additional supplies including Styrofoam cups were also stored on the floor in an unsanitary manner.
 
Furthermore, St. Martha Manor received only two out of five starts for its nursing home staffing.  The nursing home provides less resident nurse hours per resident per day (53 minutes) than both the national average (1 hour 18 minutes) and the Illinois average (1 hour 12 minutes).  The facility also provides less certified nurse aid hours per resident per day (1 hour 34 minutes) than both the national average (2 hours 18 minutes) and the Illinois average (2 hours).   
 
The many health deficiencies and low staffing levels substantiate St. Martha Manor's low Medicare rating.  If your family member is a victim of poor care at St. Martha Manor, I would honor the opportunity to discuss your situation.  As always, our legal services are completely free if there is no recovery for you.  Speak to our experienced nursing home lawyers today. (888) 424-5757

Watchdog Group Finds Neglect & Squalor In South Carolina Assisted Living Facilities

A report from the non-profit group, Protection and Advocacy for People with Disabilities, paints an ugly picture of the living conditions found in South Carolina assisted living facilities.  The report entitled "No Place To Call Home" was completed after a 14 month investigation into assisted-living and analysis of state documents and resident complaints.

After reading the report, most assisted living facilities bear no resemblance to any home-like environment.  The report completed by volunteers details the following findings:

  • Residents abused by facility staff, a two-by-four was used to physically abuse a resident.
  • Unsanitary living conditions, at one facility buckets of used hypodermic needles were seen in a main living area.
  • Convicted 'sex offenders' working at the assisted living facilities.
  • Faulty equipment, no door knobs on doors that consequently allowed people to be locked in the facilities.
  • Faulty air-conditioning systems, some residents were forced to sleep in bedrooms that were 82-degrees.

"Our hope is to prevent even more people from living in squalor, suffering abuse and neglect or even dying due to lack of oversight," said Gloria Prevost, executive director of Protection and Advocacy for People with Disabilities.

Currently, there are more than 16,000 South Carolina residents living in about 500 assisted living facilities.

Assisted Living Centers vs. Nursing Homes

Most assisted living facilities provide a community living environment for seniors where the facility provides some level of supervision and meal preparation. Unlike nursing homes (that provided skilled nursing services), most assisted living facilities provide only a limited amount medical care.  Consequently, most states provide far less regulation of assisted living facilities compared to their nursing home peers.

Resources:

Problems found in care centers, The Post and Courier, July 22, 2009

No Place to Call Home, Protection and Advocacy for People With Disabilities

When It Comes To Governmental Oversight, Assisted Living Residents Are On Their Own, Nursing Homes Abuse Blog, February 5, 2009

 

Alzheimer's Patient Wanders From Texas Nursing Home To Her Death

 

Authorities are now looking into how 85-year-old, Edna May Sides, managed to wander from Hillside Plaza Nursing Home without the knowledge of nursing home staff.  On July 15th, Sides dead body was found a short distance from the facility.   

Initially, the nursing home told the family that Sides passed from 'natural causes'.  However, when the family learned that Sides wandered from the facility, they notified the Cherokee County Sheriff and the Wells Police Department. "The family thought it was a little strange, so they went to the Justice of the Peace in Alto and then called the Sheriff's Office and our department." said Wells Police Chief Barry Starnes
 
Despite the fact that law enforcement officials are involved in an investigation, Chief Starnes doesn't believe foul play is involved, "I believe there was possible negligence, but I don't believe someone purposely did this. We're trying to get to the bottom of how this person got outside when she wasn't supposed to be," he said.
 
Read more about the wandering of a Texas nursing home patient here.
 
Wandering Nursing Home Patients
 
Once again, simple preventative measures implemented by a facility could literally be the difference between life and death for nursing home patients.  There is no excuse for a nursing home's failure to keep residents who are prone to wandering from leaving the premises of the facility.  Nursing homes that care for patients who are prone to wander or elope should have the following safeguards in place:
 
    * Door alarms
    * Window locks
    * Door locks
    * Bracelets that track each resident's location
    * Hire adequate staff to look after residents
    * Have contingent plans to locate residents who may wander from the facility
 
If you have loved one who may be prone to wandering from the facility, ask the administrator if the above safety measures are in place at the facility.  My guess is that facilities that implement these safety measures have significantly lower rates of wandering.

 

Nursing Home Patient With Broken Hip Sits In Pain. Why Federal Law Requires Staff To Administer Pain Medication

I guess when it comes to elder care, many problems encountered by residents in U.S. nursing homes sadly seem to make their way across the border to our friends in Canada. The recent news report of an elderly Canadian nursing home resident who fell and fractured her hip-- yet sat for days without medical attention or adequate pain medication is an unfortunate story unnecessarily repeated on a daily basis at nursing homes across the world.

In the U.S., upon learning of a fall or other injury, the nursing home staff must conduct an assessment to ensure no injury was sustained.  In cases where there is an apparent injury, the staff physician should alerted immediately as to the incident.

Once a physical assessment has been completed, federal law requires nursing homes to provide pain medication to the resident as soon as feasible.  As recipients of Medicare funding (the overwhelming majority of nursing homes) must comply with F-Tag 309 pertaining to Quality of Care:

Each resident must receive and the facility shall provide the necessary care and services to attain or maintain the highest practiceable physical, mental and psychological well-being, in accordance with the comprehensive assessment and plan of care.

Although the above language can be generally interpreted to included pain management for nursing home patients, CMS has proposed interpretative guidelines that undeniably require nursing homes to provide sufficient pain management:

Recognition and Management of Pain

In order to help a resident attain or maintain his highest practiceable level of well-being and to prevent or manage pain, to the extent possible, the facility:

  • Recognizes when the resident is experiencing pain and identified circumstances when pain can be anticipated;
  • Evaluates the existing pain and cause, to the extent possible; and
  • Manages or prevent pain to the extent possible, consistent with eh resident's goals, the comprehensive assessment and plan of care and current clinical standards of practice.

Unfortunately, many nursing home residents needlessly suffer from acute (falls) and chronic medical conditions (pressure sores) due to facilities failure to properly follow CMS regulations.  On the surface, this omission may simply be a violation-- but when a resident sits without medical attention with a broken hip or open wound these violations represent a complete lack of compassion and destruction of the quality of life.

Related Nursing Homes Abuse Articles

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

Study Links Medication Use With Falls

Nursing Homes Curtail Use Of Physical Restraints With Residents

Another Iowa Assisted Living Facility Chooses To Abandon Its License

Right on the heels of Dubuque Retirement Community, formerly Iowa's largest assisted living center, Jefferson Point Assisted Living Center has announced it will no longer operate as an 'assisted living facility'.  Operators of Jefferson Point will now operate the facility as an apartment complex.  Residents who require medical assistance may elect to remain in the building and pay for 24-hour medical care.

Jefferson Point has a history of failing to meet minimum standards of care and has received multiple fines from Iowa regulators. Ann Martin of the Iowa Department of Inspections and Appeals believes these assisted living centers' actions legal but unprecedented.  According to Martin, there will be no oversight of the centers' care of their residents.

I hope the current residents and families at these facilities appreciate the impact of these changes.  With no regulation or oversight, the residents are essentially at the mercy of these operators when it comes to the quality of care provided.  My guess is that these Iowa facilities may be starting a dangerous trend with respect to the de-regulation of assisted living facilities across the county.

Read the details regarding this Iowa facility here.

Wrongful Burial In Chicago At Burr Oak Cemetery

 

As injury lawyers in Chicago, we are honored to have represented many families in times of need. For many of our clients, a proper burial represented closure to a tragic chapter in their families history.  Now we have learned that a Chicago-land cemetery that many of our clients entrusted with their loved ones has destroyed this bond.

The crimes committed at Burr Oak Cemetery, are a shameful example of complete disrespect to these families.  State and federal authorities have determined Burr Oak Cemetery employees dug up at least 200 to 300 bodies and dumped the remains in order to resell the plots.  So far, four cemetery workers have been charged with felony-related charges of dismembering a human body. If convicted, the employees face a possible 30 year prison term. 
 
State Representative Bobby Rush, who represents the district where Burr Oak is located, is pushing for new federal legislation to oversee cemeteries in Illinois to prevent future cemetery crime.  However, the federal government has yet to take action to provide more oversight to prevent cemetery abuse even after several high profile cases in other states in 2002.
 
Cases involving cemetery misconduct can occur where: the body is buried in the wrong location; the body is placed in the wrong casket; head stones are discarded or even in situations similar to the atrocities that occurred at Burr Oak.  When a loved one dies, the family puts their trust in a cemetery to lay their family member to rest.  However, this trust is not always respected, as was the case at Burr Oak Cemetery.  In these situations, the cemetery and its workers can be held liable for their participation in the mishandling of the burial of your loved one. 
 
Family members have several options in order to find justice in situations involving mishandling of remains including the following lawsuits: dismembering a human body, negligent cemetery operations, intentional infliction of emotional distress / negligent infliction of emotional distress arising from negligent mishandling of a corpse, interference with the right of the next of kin to possess and preserve the body of the deceased, and desecration. 
 
Mishandling of a corpse involves situations where a person intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or prevents its proper interment or cremation.  In these situations, the family member, who has the right to control the body, may bring an action against the wrongdoer pursuant to the Cemetery Protection Act (765 ILCS 835). 

The recent events at Burr Oak Cemetery make obvious the need for more regulatory oversight of cemeteries in Illinois.  This is essential to protecting the sanctity of the final resting place of your loved one.  If your family has been affected by cemetery wrongdoing at Burr Oak, there are options available to hold wrongdoers responsible. We remain available for a case consultations regarding this disturbing event.  

Whether you live in Chicago-land or across the country, we are available to discuss your concerns regarding this tragedy.  (888) 424-5757 
 
Sources:
Chicago Breaking News Center: Burr Oak Cemetery Nightmare
Chicago Tribune – Burr Oak: Calls for cemetery reforms are a familiar refrain
Courtney v. St. Joseph Hospital (149 Ill. App. 3d 397 (Ill. App. Ct. 1st Dist. 1986)

Nursing Home Attorney, Jonathan Rosenfeld, Discusses Elder Abuse In News Article

Nursing home attorney, Jonathan Rosenfeld, of Rosenfeld Injury Lawyers was recently interviewed by Mywebtimes.com regarding "How to detect nursing home abuse" related to the LaSalle County Nursing Home sex abuse scandal.  Here is an excerpt from the interview:

Q: In a nursing home abuse situation, who is usually the abuser?

A: Most involve residents victimizing residents, rather than staff victimizing residents. Some cases also involve visitors victimizing residents.

Q: What challenge do investigators face in gathering evidence?

A: The victim is usually disabled or suffering from Alzheimer's disease and thus unable to help investigators. In the case of the La Salle County Nursing Home, the Illinois Department of Public Health was fortunate enough victims were able to respond to questioning. The state usually does a good job of investigating. Abuse happens more than people realize.

Q: What is the typical reason abuse goes unchecked?

A: Short staffing. The facility may meet guidelines for proper number of staff, but it may not be what's really enough. It's dollars and cents. If they hire one or two more, they go over budget.

Q: What else creates an environment for abuse?

A: When a facility has young and old residents and the young are permitted to mix freely with the old. Another source of trouble is that a number of registered sex offenders have been found living at nursing homes. Also putting residents at risk are unsupervised visitors.

Q. What are signs of nursing home abuse?

A.Physical, mental and sexual abuse are forms of abuse encountered by nursing home residents across the country.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. The reality is that most episodes of elder abuse go unreported.

The following situations warrant further investigation:

  • Unexplained bruises, cuts, burns, sprains, or fractures.
  • Bed sores.
  • 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.
  • Staff not allowing resident to be alone with visitor.
  • Resident being kept in an over-medicated state.
  • Loss of resident's possessions.
  • Sudden large withdrawals from bank accounts or changes in banking practices.
  • Sudden loss of appetite.

Q. Are bedsores an unavoidable part of living in a nursing home?

A. No! Bedsores, also called pressure sores or decubitus ulcers, are preventable — with proper screening, early detection, and staff involvement. Bedsores are a widespread problem in nursing homes and hospitals. The development of bedsores in nursing home patients is really a reflection of poor nursing care than an inevitable part of of the aging process.

Bedsores likely will develop if the nursing home and its staff do not make bedsore prevention a top priority. Nursing homes must do a thorough assessment of residents on admission and on a regular basis during their stay. Following the assessment, the nursing home should develop a comprehensive care plan that specifies what precautionary measures should be in place.

The nursing home plan should include considerations to monitor each resident's hydration, nutrition, and hygiene. Early signs of bedsores should be identified by the nursing home staff and treatments should implemented. Unattended, bedsores can quickly become infected leading to sepsis, limb amputation and even death.

Read the full interview and the complete article here.

Pesky Government Regulations No Problem For Assisted Living Facility In Iowa

Dubuque Retirement Community was the largest assisted living center in Iowa.  It was run by Assisted Living Concepts, a Wisconsin for-profit-corporation that operates 216 care facilities in twenty states.  Now, Assisted Living Concepts has given up its assisted-living license on the troubled 116-resident facility. 

In its short two-year history as an assisted living center, Dubuque Retirement Community amassed several fines for failure to meet minimum government standards with respect to providing adequate resident care.  For example:

  • A $500 fine for having no hot water for three days in February 2008;
  • A $2,000 fine in October 2008 for problems including staffing, food, and medication;
  • A $4,000 fine in February 2009 for continued problems with medication and staffing, including a fifteen-hour delay in finding a resident who had fallen and broken a hip;
  • Another $10,000 fine for medication errors and failure to employ trained staff.  

In April of this year, government inspectors placed the Dubuque Retirement Community’s license on conditional status.  Less than two months later, the facility announced its decision to abandon its license.

But that is not the end of the story.  Assisted Living Concepts intends to continue to provide housing for seniors at the same facility as an independent living facility, acting as a “landlord” to the seniors.  It will allow the former residents to enter into new contracts to pay separately for round-the-clock healthcare. The company that will provide medical care for residents is also a wholly-owned subsidiary of Assisted Living Concepts.  

Assisted Living Concepts has severed the link of housing and medical care that triggers licensing and government oversight.  It appears, therefore, to have found a loophole that allows it to avoid the rules and regulations that it was having trouble following, rules that are designed protect vulnerable residents of assisted living facilities. 

Not surprisingly, an Iowa state representative has asked the state to monitor the facility and report back as to whether legislative action is needed.  I can think of no reason why legislators should allow a loophole that allows facilities, particularly those that have been repeatedly cited and fined for sub-standard operations while licensed, to operate provide essentially the same services without the careful oversight of the government.

Source: Clark Kauffman, Assisted Living Center Changing Its Status to Avoid Licensing Rules, Des Moines Register (July 13, 2009).

Extra Calories Essential For Pressure Sore Patients To Heal Wounds

A nutritious, balanced, and appetizing diet is important for all nursing home residents.  But it becomes essential for those suffering from pressure sores.  This is because a person with pressure sores needs to consume more calories per day that their healthy counterparts. 

Facilities need to calculate each patient’s total energy expenditure (TEE) in order to meet their nutritional needs.  TEE is composed of three components:

  • basal metabolism, that is the number of calories needed to maintain a body at rest, which depends on age, sex, and body size;
  • voluntary activity such as exercise; and
  • energy expended to consume and metabolize food.

In times of injuries and stress, a body’s metabolic rate may increase, which in turn requires additional calories to compensate.  The extra calories provide the energy for the body to react to the stress of injuries and heal wounds.  So, while a normal person may need only 25-30 kcals per kilogram per day, a person with moderate illness or injury needs 30-35 kcals/kg, and a person with critical injury or illness needs 35-40 kcals/kg.  

Proper treatment for pressure sores must involve an assessment by a qualified dietitian who can figure out how many calories the patient should be consuming in order to heal and the best way to help the patient get the necessary calories from a balanced and appetizing diet.

Many facilities overlook, this crucial component to healing pressure sores.  Using the above nutritional guidelines, patients with advanced pressure sores would require the following daily caloric intake:

  • 100 lbs.: 1,587 - 1814 daily caloric intake
  • 150 lbs.: 2,381 - 2,721 daily caloric intake
  • 200 lbs.: 3,175 - 3,628 daily caloric intake

In most cases, facilities must provide additional snack and nutritional supplements in order for patients to achieve this level of calorie intake.  If facilities fail to provide adequate levels of nutrition, the pressure sores are like to to advance and additional complications may develop.

Source: Nancy Collins, PhD, Rd, LD/N, FAPWCA, Why Calories Count: Proper Nutrition Fuels the Wound Healing Process.

Resources: 

Nurse Charged With Rape Of Disabled Patient

After a six-month investigation by a New York grand jury, a licensed practical nurse (LPN) is now facing formal criminal charges of: second degree rape and endangering the welfare of an incompetent or disabled person.  

This story first came to light when a complaint was reported to the New York State Department of Health that Kipper Allen Stevens had sexual relations with a disabled female patient at Shore Winds Nursing Home.  Shore Winds suspended Stevens during the health department investigation. 

Stevens will be in Monroe County Court on July 21.  No word yet on how Stevens will plead to these criminal charges.  Read more about this case involving the rape at a new york nursing home here.

How can you protect your family from nursing home violence?

When it comes to protecting nursing home patients from violence in the facility, it is particularly important to become familiar with the safeguards a facility has in place to protect its residents.  With respect to abuse nursing home employees, all facilities should conduct a thorough background search, reference check and criminal background screening.  Today, many states make this pre-hire screening process mandatory.

When selecting a facility, it is important to ask difficult questions in a direct way to administrators and executive staff-- if you are not satisfied with the response or the staff is 'put off' by your request, it may be time to look for another facility.

The following may be a useful starting point when asking a facility about their crime prevention:

  • Are criminal background checks done on all employees?
  • Are criminal background checks done on all residents?
  • What is the sign-in procedure for visitors?
  • Does the facility employ any security personnel?
  • Does the facility care for any 'younger' residents?  Are they allowed to freely interact with other residents?
  • Have any violent crimes taken place at the facility?
  • Are doors and windows kept secure?

If you suspect your loved one was a victim of abuse or violence, it is important to contact your local law enforcement immediately.  A timely investigation, can help insure all evidence is collected and witnesses are contacted before their memories fade.

Related Nursing Homes Abuse Blog Entries:

New York Nursing Home Investigated Over Sex Abuse Claims

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse

Should Criminal Background Checks Be Required At All Nursing Homes?

 

Nursing Home Spotlight: Westshire Nursing and Rehab Center, Cicero, Illinois

Westshire Nursing and Rehab Center (“Westshire”), a massive 485-bed facility located at 5825 West Cermak Road in Cicero, Illinois, was recently cited by the IDPH and fined $35,000.  Westshire was last cited by the IDPH in November 2007 for endangering residents by inadequately supervising a resident accused of sexual assault on another resident.  

The IDPH conducted the most recent investigation in January 2009 and released the results as part of its first quarterly report of 2009.   The investigation revealed that Westshire failed to adequately monitor, treat, and prevent pressure sores in multiple residents, often resulting in painful deterioration of the residents’ condition. 

The investigation also documented several residents whose nutritional needs were not being fully monitored or met, sometimes resulting in a resident’s significant weight loss.  The report also expressed concern that the facility lacked basic hygiene supplies to enable staff to wash their hands effectively.  The IDPH ordered implementation of preventive measures for pressure sores, updated physician evaluations of certain residents’ conditions, and enhanced monitoring strategies for pressure sores and nutritional needs.  Westshire has requested a hearing.  

The U.S. Department of Health and Human Services, which operates a “five-star” rating system for nursing homes, gave Westshire a below-average overall rating of “two-stars.”  Significantly, Westshire earned just one-star in the area of health inspections due to the immediate jeopardy to residents’ health and safety from bed sores and actual harm to residents from a failure to give each resident appropriate care and services.  

If you are concerned about the treatment of a resident at Westshire Nursing and Rehab Center, call us at (888) 424-5757 for a confidential consultation.

Can Nursing Home Patients Expect Any Privacy?

For the more than a year, residents at Charlotte Harbor Healthcare in Port Charlotte, FL were intentionally monitored by hidden cameras camouflaged beneath ceiling tiles.  The cameras were discovered when investigators from the Florida Agency for Health Care Administration (AHCA) were inspecting the facility for mold earlier this year.  The feeds from the cameras were routed to the administrator, Thomas Bell's office.

Bell told AHCA representative that the cameras were there 'to prevent theft'.  Despite Bell's assertion, no theft-related incidents had been reported at Charlotte Harbor.  Residents were never informed on the cameras presence.  AHCA is evaluating the circumstances and may impose a fine for this cleat violation of privacy.

Is it realistic to expect privacy in a nursing home setting?  Too often were forget that nursing homes are 'home' for more than one million people in the United States.  True, most of the people are elderly and many of them face serious medical conditions-- but every effort should be made to promote as home-a-like setting as possible. 

Read more about this situation involving a violation of privacy in a Florida nursing home here.

Related Nursing Homes Abuse Blog Posts:

Invasion Of Privacy; Two Kentucky Nursing Homes Cited After Employees Use Cellular Phones To Take Photos Of Residents

New Law May Improve Privacy In Nursing Homes 

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

Nursing Home Spotlight: Warren Barr Pavilion, Chicago, Illinois

Warren Barr Pavilion is a large 221 bed nursing home facility located in the near north side of Chicago.  According to the government’s Medicare website , the facility received only two out of five stars, which is a below average rating.  This is in large part to the facility’s high number of health deficiencies.  In the past year, the facility had eleven health deficiencies, which is higher than both the average health deficiencies for both nursing homes in Illinois and across the United States.  The facility’s most significant health deficiencies were improper care and services and risk of falls/accidents. 

The nursing home has an obligation to provide a safe and secure facility for its residents and to provide proper care and supervision to maintain the health of its residents.  According to the survey reports, the facility received multiple violations for:

  • Failing to investigate injuries
  • Allowing residents to develop pressure sores
  • Discrepancies in prescribed feeding for a feeding tube
  • Improper resident supervision
  • Expired medication
  • Falling to correct fall hazards
  • Resident elopement
  • faulty alarms for residents with wandering tendencies
  • Dirt and debris in the facility

The numerous deficiencies reported in these surveys calls into question the ability of this facility to properly care for its residents.  The elderly are particularly vulnerable to improper care, which can lead to serious injury and even death. 

Pressure sores are a very serious medical condition, especially for residents requiring prolonged bed rest, or with limited mobility and weakness.  Nursing home staff must regularly turn this bedridden group in order to ensure proper blood circulation.  Federal regulations require nursing homes to provide residents proper treatment to prevent new pressures sores or heal existing pressure sores. 

According to a recent survey at Warren Barr, one resident was admitted to the nursing home with Dementia with Depression and was dependent on staff for all activities of daily living.  The patient developed a Stage 1 pressure sore on the right buttock and had been placed in a chair without a pressure relieving device because the nurse did not notice the pressure sore. 

Federal laws also require nursing homes to give each resident care and services to maintain the highest quality of life possible.  In the case of Warren Barr, the facility failed to meet this requirement when one patient had to wait nine days for treatment of a toe infection.  The facility waited until the podiatrist’s next scheduled facility visit, rather than calling the podiatrist’s office for immediate treatment.   The podiatrist stated that the facility should have called his office for an immediate visit to avoid/prevent complications, especially because the patient suffered from diabetes.   

Survey results also demonstrate Warren Barr failed to follow its own abuse policy regarding investigation for an injury of unknown origin.  This investigation requirement is in place to prevent nursing home injury and abuse. Staff members failed to investigate an injury (skin tear on the leg) suffered by a resident with Dementia.  When questioned, the certified nurse aid was unable to provide more information about the skin tear.   Yet, no inquiry was made concerning this injury.

The elderly are particularly vulnerable to injuries resulting from falls.  As such, the nursing home must ensure that the nursing home area is free of accident/fall hazards.  During one site visit to Warren Barr, the facility failed to provide adequate supervision to a resident who required extensive assistance and had a doctor’s order for fall precautions.  On this occasion, the resident was left sitting nude on a toilet while a certified nursing assistant was getting the resident dressed.  The staff member accidentally locked the resident in the bathroom without any supervision, and the resident was left alone in the bathroom for three whole minutes while a key was located.  In other residents’ rooms, the inspector noticed old newspapers on top of the heater, expired drops of nasal drops, and a radio cord that created a potential tripping hazard. 

Nursing homes are required to minimize the risk of resident elopement.  Warren Barr Pavilion failed to adequately monitor and supervise one resident suffering from Alzheimer’s and Dementia, who had been identified by the facility as an elopement risk because of a prior elopement incident.  As a result, the resident left the facility without being noticed by the staff despite wearing an electronic monitoring device.  The electronic monitoring device failed to activate/alarm when the resident passed through the sensor at the entrance of the building because of system malfunction.  Thankfully, the police were able to locate the resident only three blocks away from the facility.  Nonetheless, elopement is an extremely serious danger that puts the residents in immediate jeopardy. 

The nursing home has an obligation to give proper treatment to residents with feeding tubes to prevent problems.  During one site survey, the nursing home failed to ensure that two of seven residents in the sample who were on feeding tubes received the correct type of formula and the correct amount of feeding as prescribed by the physician.   During the period of observation, two patients received significantly less formula than prescribed; each discrepancy was equivalent to over an hour of feeding time missed. This seemingly minor oversight, puts these residents at risk for malnutrition and dehydration.

Nursing homes have an obligation to prepare food that is nutritional, appetizing, tasty, attractive, well-cooked, and at the right temperature.  On several occasions, the staff at Warren Barr Pavilion served food to patients that was not maintained at proper temperatures (hot foods are maintained at 135 degrees F).  During a residents interview, residents complained that food was often cold upon delivery.  A review of the resident council minutes showed that residents had been complaining about cold food for the past six months.  In addition, several family members had complained about the cold food. 

This two-star rated facility has many deficiencies, which might be a troubling sign that nursing home residents might not be receiving the proper care and attention they need and deserve.   

Another Assisted Living Resident Beaten To Death By His Peer

 

Dispatcher: "Catawba County 911..."

Caller: "Yes... I need an ambulance at the Walden House. One of the residents beat one of the residents in the head. I need one right now ASAP!"

Caller: "We looked out and he was beating this one resident in the head. Blood is everywhere."

Dispatcher: "Okay, Ma'am."

Caller: "Oh my God!"

The above is the transcript from Catawba County 911 Center following the discovery of the graphic beating of 70-year-old Ronald Simmons by employees at an assisted living facility that were folding laundry nearby to where the crime occurred.  Simmons was a resident at Walden House Living Center in Hickory, NC.  Apparently Simmons was followed outside by 43-year-old Dennis Scherzer, where he repeatedly struck him in the head just feet from the entrance to the facility.

Authorities pronounced Simmons dead at the scene from an obvious head injury.  Scherzer was taken into custody and charged with murder.

The most obvious question is: where is the staff supervision in situations like this?  Regardless of the type of facility, nursing home or assisted living-- the facilities have a duty to look after their residents.  If they can not adequately provide adequate care-- and protection-- they should not accept care of the individual.  

Read more about this murder at a North Carolina assisted living center here.

Related Nursing Homes Abuse Blog Entries:

Update On Chicago Nursing Home Murder

Nursing Home Rapist In Custody

No Remorse From Admitted Elder Abuser

Family Of Disabled Patients Accuse Chicago Nursing Home Of Physical Abuse & Medication Errors In Lawsuit

A nursing home negligence lawsuit was recently filed against Central Baptist Village, a Chicago-land assisted living facility, for the alleged mistreatment of a disabled husband and wife who were both residents in the facility..  The lawsuit, brought by the couples guardian, claims employees at Central Baptist Village physically assaulted the wife on several occasions between December, 2008 and February, 2009.  Additionally, the lawsuit claims the staff administered the wife's medication to the husband from October, 2008 through February, 2009 resulting in over-medication.  The lawsuit against Central Baptist Village seeks more than $200,000 in damages.

Central Baptist Village is a multi-need facility located at 4747 N. Cranfield Avenue in Norridge, IL. The facility has been providing care for more than 100 year and operates as a not-for-profit nursing facility. 

Read more about this lawsuit against this Chicago nursing home here.

Alden Village North Charged With Neglect After Child Dies Due To Inadequate Nursing Care

One early morning in January 2009, a nurse at Alden Village North found a twelve-year old resident slumped in his wheelchair, unresponsive.  The child’s diagnoses included Profound Mental Retardation, Hydrocephalic, History of Pulmonary Hypertension, Respiratory Distress, and Asthma.  The facility reported that the child’s condition was very stable and that there were no medical incidents the day before the unfortunate death, which was caused by pulmonary, respiratory arrest.  So, what happened?

 

On the morning that the child died, the night nurse left early and the day nurse was running late, which resulted in a gap in medical coverage of some fifteen minutes.  A nurse who happened to be passing by found the child unresponsive in his wheelchair at 7:30 a.m., started resuscitation, and called for help.  The child was pronounced dead twelve minutes later.  When the IDPH looked into the incident, it found that Alden Village North had abused or neglected the twelve-year old by leaving him unattended between shifts and without a required oxygen saturation monitor and allowing an unauthorized person to attend to the child’s feeding tubes. 

 

Alden Village North is a small facility located at 7464 North Sheridan Road in Chicago, Illinois that describes itself as “a health facility for children and young adults.”  It is part of the Alden Network, a group of more than forty facilities that provide health care and senior living.  As we reported last month, Alden Village North was one of 32 nursing homes that made it onto the IDPH first-quarter 2009 violator list, receiving a Notice of Type “A” Violation relating to the area of nursing and a fine of $35,000 as a result of circumstances surrounding the death of the twelve-year old. Unfortunately, this is not the first time the IDPH has listed Alden Village North on its violator list; the facility received another Type “A” Violation, again relating to the area of nursing, and a fine of $20,000 in the third-quarter of 2008

 

Related Nursing Homes Abuse Blog Entries

Blacks Receive Inferior Care At Most Nursing Homes

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

Chicago Nursing Homes Not Making The Grade

Appellate Court Decision Expands Nursing Home Patient Rights

In Grammer v. John J. Kane Regional Centers, the Third U.S. Circuit Court of Appeals ruled that nursing home residents can bring civil rights actions under 42 U.S.C. Section 1983.  This new cause of action allows residents to challenge the quality of treatment received by bringing a civil rights claim.   
 

In this case, Melvinteen Daniels, an 80 year old mother of eight, died in the John J. Kane Regional Center, an Allegheny County, PA operated nursing home facility.  As a result of the facility’s failure to provide proper care, Ms. Daniels suffered from malnourishment and pressure sores, which led to sepsis and death.  The administrator of Ms. Daniels’ estate brought a claim under Section 1983 for wrongful death and survival, alleging that the Kane Center deprived Ms. Daniels of her civil rights for failing to ensure quality care under the Federal Nursing Home Reform Amendments (FNHRA).

Congress passed the FNHRA in 1987 as part of the Omnibus Budget Reconciliation Act to provide oversight and inspection of nursing homes participating in Medicare and Medicaid programs.  U.S. Circuit Judge Richard L. Nygaard, joined by U.S. Circuit Judge D. Brooks Smith, wrote the twenty-three page opinion, ruling that the language in the FNHRA “is explicitly and unambiguously rights-creating."  Section 1983 is an avenue for imposing liability against anyone who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws.” 

In his opinion, Judge Nygaard referred to language in the FNHRA that shows Congress’ intent to create a private right of action.  The language used in the statute including the repeated use of “must” (“must provide” and “must care”) shows that the statute unambiguously binds the states and nursing homes.  The FNHRA also uses the word “residents,” clearly showing that the provisions are “phrased in terms of persons benefitted.”  The statute also stresses that the “residents” have the “right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for the purposes of discipline or convenience and not required to treat the resident’s medical symptoms.”  The legislative history of the FNHRA also supports the conclusion that Congress intended to create a right of action.  Therefore, the court concluded that Congress used “rights-creating language sufficient to unambiguously confer individually enforceable rights.”

Under the FNHRA, nursing homes "are required to care for residents in a manner promoting quality of life, provide services and activities to maintain the highest practicable physical, mental and psychosocial well-being of residents, and conduct comprehensive assessments of their functional abilities."  Judge Nygaard stated that “nursing homes must provide a basic level of service and care for residents and Medicaid patients.”

U.S. District Court Judge William H. Stafford Jr. wrote the dissenting opinion, holding that a nursing home resident cannot sue a nursing home under Section 1983.  The dissent stated that this case did not follow the U.S. Supreme Court’s warning not to create new causes of action unless Congress’ intent clearly and ambiguously created that right. 

What this means for nursing home patients:

Nursing home residents now have the right to bring lawsuits under Section 1983.  Residents can challenge the quality of treatment received by bringing a civil rights action.  Therefore, a resident who does not receive the care and services necessary to maintain the best physical, mental, and psychological well-being has an additional avenue to impose liability against nursing home facilities that fail to meet the standards set forth in the FNHRA.

The standards set forth in the FNHRA include the Resident’s Bill of Rights:

  • The right to freedom from abuse, mistreatment, and neglect;
  • The right to freedom from physical restraints;
  • The right to privacy;
  • The right to accommodation of medical, physical, psychological, and social needs;
  • The right to participate in resident and family groups;
  • The right to be treated with dignity;
  • The right to exercise self-determination;
  • The right to communicate freely;
  • The right to participate in the review of one's care plan;
  • To be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
  • The right to voice grievances without discrimination or reprisal                                  

Grammer v. John J. Kane Regional Centers further ensures that nursing home residents receive quality care.  This is very important because the elderly are particularly susceptible to abuse and neglect in many state and county run nursing home facilities.  

As an attorney who frequently encounters situations involving mistreatment of people in nursing homes, I would be happy to discuss the prospective implications of this case with you or your family. (888) 424-5757

Special thanks to Heather Keil, J.D. for her research regarding this important development in nursing home case law.

Grandson Alleges Poor Nursing Care Results In Bed Sores "You Could Stick Your Fist" In

Harriman Care and Rehabilitation Center is under investigation after the grandson of a resident claims the facility provided such extraordinarily poor care that his grandfather developed advanced bed sores so big, 'you could stick your fist in'.  The grandson, William Brummitt claims the care Harriman provided to residents was so poor that it resulted in harm to both his grandfather, William Williams and his grandfather's roommate, Larry Waldo.

Brummitt claims the facility mistreated Waldo so severely that  he 'had laid in bed for seven days without a sheet being changed.'  'Flies were swarming around his left leg stump, where the femur was exposed," Brummitt added referring to Waldo's amputated legs.

Waldo died on June 25th, from "years of neglect to his health" according to a memo from the Roane County District Attorney. Nonetheless, the complaints from Brummitt prompted an autopsy to be performed on Waldo to help determine if the gangrene and subsequent leg amputations were necessitated by poor nursing care or an inevitable medical necessity.

Interestingly, Mr. Brummitt's mother, Bonnie Brummitt, is the power of attorney for William Williams and has attempted to block her son's contact with the nursing home.  Are William Brummitt's allegations accurate or are they nothing more than an unfair portrayal of care at this Tennessee nursing home?  

Read more about the allegations made against Harriman Nursing Home here.

Signature HealthCARE LLC

Signature HealthCARE is a Florida-based health care company, operating 21 skilled nursing facilities in Tennessee.  Harriman Nursing Home is a 180-bed facility in eastern Tennessee, that concentrates in both rehabilitation and long-term care.

Related Nursing Homes Abuse Blog Entries

Nursing Home Visits. An Opportunity To Conduct Your Own Inspection.

Bedsores: Are You At Risk?

A New Resource For Bed Sores: BedSoreFAQ.com

A First-Hand Account Of Neglect At Kindred Los Angeles

Here's a video that was sent to me by a client who has a case against Kindred Los Angeles.  Kindred L.A. has a history of problems relating directly to patient care.  Although this video is disturbing, it demonstrates the severity of the the poor care at this facility.

According to California Department of Heath surveys, Kindred has been continually cited for neglecting patients.  For example in 2008, Kindred L.A. was cited four times by the Department of Health for allowing residents develop advanced pressure sores at the facility.

 Resource:

California Department of Health Inspection / Complaints for Kindred Los Angeles

Related Nursing Homes Abuse Blog Entries

State Inspectors Find Safety Violations In Indiana Nursing Home

Caring For The Elderly Pays... Especially If You Own The Nursing Home

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

New Resource For Selecting A Nursing Home

U.S. News & World Report has attempted to refine the data from Centers for Medicare and Medicaid Services (CMS) to create America's Best Nursing Homes.  Under CMS's Nursing Home Compare, all 15,557 nursing homes across the country are rated on a five star ranking scale to help consumers make comparisons between facilities.  Facilities are rated on: health inspections, nurse staffing and individual quality measures.  Based on the ratings within the three areas, nursing homes are assigned an overall rating.

The problem with CMS's system is that the sheer volume of the facilities within each star rating can be overwhelming.  For example, there are 1,909 facilities with a five-star rating and 3,725 facilities with a four-star rating.

America's Best Nursing Homes, creates a more precise list by creating tiers within each category by essentially rating facilities on a 15-star system instead.  Of the 15,557 nursing homes in the United States, just 41 made U.S. News & World Report 'Honor Roll' by scoring perfect in each area of analysis.

In addition to providing a hierarchy within each star-rating area, America's Best Nursing Homes also hones search functions by allowing families to search for facilities with a specific religious affiliation or medicare acceptance.  The site also also makes it easier to search for facilities without knowing the complete name of the nursing home or its exact location.

Resource:

U.S. News & World Report, America's Best Nursing Homes

U.S. News & World Report, 10 Worst States For Top Nursing Homes

Related Nursing Homes Abuse Blog Posts:

Attorney General Lays Out Guidelines For Selection Of Nursing Homes & Assisted Living Facilities

Nursing Homes For Alzheimer's Patients. What To Look For?

Look, Listen, Smell

Nursing Home Worker Indicted For 'Adult Abuse' After Taking Naked Videos Of Resident

Here's a suggestion for nursing home owners, who wish to ensure the safety and privacy of their patients--- take your employee's cell phones away from them. While 'on the job' there is no use for them other than a source of distraction and an invasion of privacy.

The most recent situation involving inappropriate use of a cell phose comes from Kentucky.  A CNA at Dawson Pointe Nursing Home was indicted by a grand jury on charges of video voyeurism and adult abuse following two episodes where she took videos of a naked resident.  State officials cited Dawson Point for improper cell phone use earlier this year.

Why on earth are do facilities allow CNA's and other nursing home workers to carry personal cell phone in the first place?

Read more about the invasion of privacy at a Kentucky nursing home here.

What is a surviving spouse entitled to in a wrongful death lawsuit against a nursing home?

Most states have enacted a specific cause of action for wrongful death lawsuit.  For example, in Illinois, a surviving family spouse and/or family member is entitled to bring a lawsuit for the loss of the deceased services.  Although no award can truly replace your loved one, you can be compensated for the loss of support and companionship that your spouse provided. 
 
Under the Illinois Wrongful Death Act (740 ILCS 180), a victim’s family members (next of kin - surviving spouse and children; parents and siblings can recover if there are no surviving spouse or children) can recover for damages based on the defendant’s wrongful act, neglect, or default.  The action is brought by and in the name of the deceased person’s personal representative.
 
In order to successfully recover in a wrongful death lawsuit in Illinois, you must prove the following:

  • Death of a person
  • The death was caused by the defendant’s wrongful act, neglect or default
  • If not for the death of the person, the deceased would have been entitled to bring an action against the defendant and recover damages
  • There exists a surviving next of kin
  • The surviving next of kin suffered injury
  • Actual damages exist. 


Wrongful death damages include both pecuniary (monetary) damages for loss of support and damages for loss of consortium, loss of society, loss of companionship, and loss of guidance.  Damages can also be awarded for grief, sorrow, and mental suffering.  The damages awarded can then be reduced because of the deceased’s contributory negligence (fault) and any contributory fault by a beneficiary.
 
The amount recovered is for the sole benefit of the surviving spouse and next of kin and is divided based on how much each was dependent upon the deceased.  If there exists no surviving next of kin, the damages are divided to cover hospitalization costs, medical services, and the estate.  In most cases, wrongful death actions must be brought within two years after the death of the person.
 
Hopefully, any abuse or neglect that occurs at a nursing home can be addressed earlier in time, to actually prevent the loss of a loved one.  But, in those unfortunate situations where the death of a spouse does occur, a wrongful death action can help a family deal with the repercussions of their loss. 
 
Sources:
IL General Assembly – Wrongful Death Act (740 ILCS 180)

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Golden Living Sells All Its Arkansas Nursing Homes

Effective July 1, Golden Living is out of the nursing home business in Arkansas.  The 14 nursing homes and independent living facilities have been sold to Capital Senior Care Ventures, a subsidiary of health-care behemoth Capital Funding Group.

The sale marks a growing trend in the nursing home business of bringing mega-companies to manage and operate individual nursing homes.  Frequently, the parent companies have no experience providing healthcare to seniors.

In the case of Capital Senior Care, by the companies own admission, they "acquire and construct skilled nursing facilities in order to lease and ultimately sell them to high-quality operators.  Capital Senior Care Ventures provides its operators with the opportunity to own the facilities they operate much faster than most traditional REIT or similar financing by allowing the operators to purchase the facilities on a 'flip' within two to five year time frame.  This structure has been a popular option to many operators who are looking for ownership without a large capital investment."

Sounds to me like an investment--- and there's nothing wrong with making money-- so long as it doesn't come at the expense of patient care.  Let's monitor these facilities as they make the transition to a new owner.

Read more about the sale of these Arkansas nursing homes here.

Nursing Homes & REIT's

A real estate investment trust (REIT) is a legal entity that may only invest in real estate.  REIT's have become a popular investment tool due to its favorable tax status.  Under the REIT umbrella, a company must be in the business of holding real estate, derive the majority of its income from real estate and pay its shareholders at least 90% of its taxable income.  In the area of nursing home litigation, REIT are increasingly used as an attempt to sheild nursing home owners from responsibility. 

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse

After a full investigation into the sexual abuse of ten residents at LaSalle County Nursing Home, the Illinois Department of Health has determined the facility failed to take preventative measures to protect its residents.  The acts were initiated by a male resident who targeted non-verbal, dementia patients.

IDPH investigators determined the perpetrator started abusing residents on Christmas Eve, but the facility failed to implement measures to stop further abuse from occurring.  A 61-page IDPH survey concerning the incidents at LaSalle County Nursing Home concluded, "Due to the administrative staff's failure to implement policies and procedures for abuse, failure to recognize abuse, and failure to effectively manage facility resources, sexual abuse occurred for 10 residents."

On June 4, IDPH issued an 'Immediate Jeopardy' designation on the facility.  Read more about the sex abuse of residents at the Illinois nursing home here.

Sex Abuse In Nursing Homes

Nursing homes have a duty to protect all residents from harm.  This includes unwanted sexual advances from other residents.  In the case of residents with dementia, special attention should be paid to who is interacting with the residents.  Staff must continually monitor the residents to ensure their safety.

Unfortunately, in the case of disabled nursing home residents, it is particularly important to pay attention to physical symptoms that may indicate sexual abuse:

  • Vaginal / anal bleeding
  • Sexually transmitted disease
  • Bruising
  • Sudden emotional with-drawl
  • Sudden loss of appetite
  • Torn clothing

Lastly, many cases of sex abuse in nursing homes are perpetrated by convicted sex offenders. Though few laws address this topic, a quick check of a sex offender database could identify many of these deviants.  Let your lawmakers know that this is an important topic that deserves their attention.

Related Entries

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

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

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

 

Nursing Home Spotlight: Rockford Healthcare & Rehab Center Fined For Failing To Prevent Pressure Ulcers

In December 2008, the Illinois Department of Public Heath (IDPH) completed a survey of Rockford Healthcare & Rehab Center, located at 1920 North Main Street in Rockford, Illinois.  Finding significant problems with the facility, it issued a notice of a Type A violation and a fine of $15,000.

IDPH found that Rockford Healthcare & Rehab Center failed to monitor residents who were at risk for pressure sores or to follow physician directions for care of pressure sores.  As a result of their failure to implement prvention techniques, some residents suffered from worsening conditions and developed new pressure ulcers during their admission. 

The IDPH also faulted the facility for inadequate supervision.  On one occasion, two residents wandered off without the knowledge of staff after the residents got into an elevator with a visitor and walked straight past a receptionist who assumed the residents were also visitors.  One resident was found outside the building, smoking a cigarette.  The other resident, a woman with Alzheimer’s who was known to be a wanderer, had left the facility and was found walking along a four-lane state highway without a coat on a rainy night when the wind-chill temperature was just 29 degrees.

Rockford Healthcare & Rehab Center is a for-profit nursing home with 97 Medicare/Medicaid-certified beds.  The U.S. Department of Health and Human Services, which operates a “five-star” rating system for nursing homes, gave the facility a below-average overall rating of “two-stars.”  It gave just one-star in the area of health inspections, noting that 62 health deficiencies were found in December 2008 (the Illinois average is eight health deficiencies).  Of particular concern are findings of immediate jeopardy to resident health and safety from treatment and prevention of pressure sores, “dangers that cause accidents,” and the absence of a doctor as a medical director and of a group to review and ensure quality. 

If you are concerned about the treatment of a resident at Rockford Healthcare & Rehab Center, call us at (888) 424-5757 for a confidential consultation.

Related Nursing Homes Abuse Blog Entries

Who Regulates Nursing Homes?

First Quarter 2009 Illinois Nursing Home Violators Released 

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

 

Atleast 50 Convicted Sex-Offenders Living Freely In Illinois Nursing Homes

One of the most disturbing cases, my office is working on, involves a mentally and physically impaired woman who was raped by another resident at a skilled nursing facility.  As if the crime itself wasn't horrific enough, a review of the records has revealed that the other residents had complained about the individuals making sexual advances towards them-- yet the facility failed to take any actions. Lastly, the individual was a convicted sex offender, living freely and completely unknown to the other residents.

Wes Bledsoe's group, A Perfect Cause, is committed to protecting nursing home residents by protecting patients from violence.  I was honored to help Wes identify convicted sex-offenders living amongst the general nursing home population in Illinois.  Our search confirmed at least 50 sex offenders living in Illinois Nursing Homes

If you would like to see if there are any sex offenders living an Illinois facility, look here and cross reference with the address of the facility.

We were able to identify 50 of these offenders within hours.  Is it too much to ask, that facilities spend a few moments searching the database before accepting new residents? 

Federal law requires nursing homes provide the highest level of case possible.  In my humble opinion, this means conducting background checks of all employees and patients to assure the safest environment possible.

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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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