Disabled Nursing Home Patient 'Dumped' At A Homeless Shelter

Lots of chatter on Twitter over the weekend about Thai Hodges, a disabled woman who was taken to a homeless shelter by the good folks at ManorCare after her funds had apparently dried up. Hodges was admitted to ManorCare for rehabilitation and skilled nursing care after she suffered a stroke and became paralyzed.

The good news about the story (if there really is any) is that Sylvia Negley, the shelter coordinator realized that Hodges was clearly in need of medical care and refused to take her in and sent her back to the nursing home for additional care.

Negley says the transfer of patients from hospital and nursing homes is on the rise.  "'Hospital dumps' is what we call them,"Negley said.  "I've seen people wheeled in here in a wheelchair, placed on a chair and then they take the wheelchair away."

Can nursing homes do this?

If a nursing home accepts Medicare funding (the overwhelming majority of facilities do), then they are obligated to comply with its rules. 

Section 483.12(a)(2) Transfer and Discharge Requirements:

The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:

(i) The transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;

(ii) The transfer or discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility;

(iii) The safety of individuals in the facility is endangered;

(iv)The health of individuals in the facility would otherwise be endangered;

(v) The resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. For a resident who becomes eligible for Medicaid after admission to a nursing facility, the nursing facility may charge a resident only allowable charges under Medicaid; or

(vi) The facility ceases to operate.

In this case, it sounds as though ManorCare acted recklessly in discharging a disabled patient who obviously needed skilled nursing care.  However, in cases where a medical condition is less acute, it may be within the facilities rights.  As we see the nursing home population grow and additional economic pressure put on these facilities, I'll bet we see more situations such as this in the future.

Read more about the dumping of a Florida nursing home patient here.

Do Former Inmates Deserve To Be Living In Nursing Homes?

Sure, I may be a little groggy from my Thanksgiving gluttony, but this story regarding the placement of former inmates into nursing homes and assisted living facilities caught my eye.  The Georgia Department of Corrections (DOC) is holding a series of meetings with nursing homes, assisted living facilities and other organizations for the purpose of recruiting them to house criminals who have served their jail time and need housing or specialized care.

I'm sure many of these felons genuinely need medical assistance and psychological support after serving time in jail, but this just seems like a recipe for danger.  Feel free to tell the residential coordinator for the DOC, La Trese Schofield, how you feel about placing felons in nursing homes. Telephone: (404) 463-2947 / Email: schofl00@dcor.state.ga.us

Related:

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

New Nursing Home To Be Built For Sex Offenders

Attorney Jonathan Rosenfeld Discusses Nursing Home Violence In AARP Article

Holiday Nursing Home Visits Can Prove To Be A Major Spirit Booster For Patients

The joy that accompanies the holidays is frequently absent from the halls of nursing homes.  The celebrations and meals that make the holidays a joyous time of year for many of us may be impossible for people who may be immobile or ill.

Regardless on how long its been from your last visit, a brief visit with a friend or family member in nursing home can lift spirits especially during this time of year.  Leave whatever guilt you may hold regarding the infrequency of visits or prior relationship problems look to the present.

I found some excellent suggestions for a positive nursing home visit at this website Agedcarer.com.  

If a family member is immobile or unable to communicate simply holding their hand, stroking their forehead and talking quietly lets them know you care.

Talk about recent outings, bus trips or events at the nursing home.

Bring photos or a family movie of recent special events. Watch a DVD together and bring some snacks.

Share a meal with your family member in the dining room or order take away food. Call the nursing home ahead of time to organise a table.

Bring grandchildren to visit. Ask a grandchild to read from a favourite book or to brighten a room with current art projects.

Help a family member write a letter to a friend. Receiving a letter or card in return will lift their spirits.

Give your mum a manicure or hand massage.

Bring the family pet to visit, go for a walk in the garden or show off the pet to other residents.

If you play an instrument put on a concert for all the residents.

Take a family member out for the day. A simple car trip to the beach can be invigorating.

If you live far away organise a weekly phone call with staff at a certain time of day. 5 minutes on the phone can brighten your loved one's day.

Receiving cards, letters and photos from family can be a conversation starter for weeks between residents and staff. Bring some large print books, magazines and cross-word puzzles.

Residents needs to know they are still an important part of the family. Give your family member lots of affection, support and reassurance. Discuss family matters and try to involve them in decision making.

At some point take time out to listen to any complaints. Allow your loved one to vent any frustrations and arrange a time to talk to staff about any concerns. Remember to let your loved one know of the outcome.

If you can try not to focus too much on current health problems. Keep in mind that your loved one may also get embarrassed by any offensive smells or distracting noises in the aged care home so try to ignore them where you can.

A short visit can break up the routine of the day for a family member in an aged care home and for many residents it is the highlight of their week.

However, arranging the time can be difficult for some carers and many people find visiting an aged care home too confronting. If this is the case simply sending a message over the phone or sending a card will let someone know you care.

Investigations May Not Always Hold The Answers To How A Nursing Home Injury Or Death Occurred

Like many families, Kenneth Gall sought a sense of closure with respect the circumstances surrounding his mother's death after she sustained an injury during her admission to Presbyterian Homes of Arden Hills.  Unfortunately, more than a year after his mother's death, questions still remain as to the facilities role in the matter-- and how a disabled, primarily bed-bound-woman managed to fracture her neck while admitted to a nursing home.

Was it due to a fall?  Was the fracture related to violence?  Did Mrs. Gall get entangled in a bed rail?

What is known is that 91-year-old Gladys Gall died about two weeks following an incident in which she sustained a unusual type of fracture in her neck called a hangman's fracture and died from complications shortly thereafter.  

The circumstances surrounding Mrs. Gall's death were investigated by the Minnesota Office of Health Facility Complaints (OHFC) and a determination was made by the agency that the incident was due to mistreatment.  The state even consulted with a neurosurgeon who opined that the nature of Mrs. Gall's injury could only be caused from severe trauma.

Now however, after the nursing home appealed the states findings and presented evidence from their own investigation, the state has changed its findings relating to improper care from 'substantiated' to 'inconclusive'.

The role of state investigations into injury or death in a nursing home

Most states have agencies (usually associated with their health department) to investigate suspected mistreatment of patients in a nursing home.  Investigators can quickly access the patient's chart and interview employees and other patients who may have knowledge of the incident.  While certainly not always perfect, the investigations typically provide much sought after information to families asking 'how' and 'why' an incident occurred.

In most jurisdictions, the state investigative findings and the reports generated are not admissible in court proceedings related to a nursing home negligence lawsuit.  Nonetheless, the information contained within the investigative report can be invaluable in the course of litigation.

In the case of Mrs. Galls death, I humbly suggest to her family to seek out an experienced lawyer to prosecute this matter and give them more information relating to the circumstances of their loved ones death.

Read more about this suspicious death in a Minnesota nursing home here.

Related:

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

Falls Amongst The Elderly Can't Be Ignored

Nursing Home Watchdogs: Ombudsmen

Nursing Home Inspectors Miss Major Problems

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

A lawsuit has been filed against the LaSalle County Nursing Home by the guardian of a female patient at the facility who was sexually abused by male patient at the facility.  

The lawsuit alleges that between January and May, 2009 the staff at LaSalle County Nursing Home failed to implement preventative measures that would have protected the woman.  Specifically, the suit claims the staff allowed the man to access to the disabled woman's room after they had knowledge that the man had acted sexually aggressive towards other patients.

This is the second lawsuit filed against LaSalle Nursing Home related to the same sexual perpetrator. An investigation by the Illinois Department of Health, determined that the facility made multiple errors related to the protection of patients at the facility.  State and federal authorities fined the facility $20,000 for their errors.  Additionally, the administrator and social service director were also replaced after the investigation.

While it certainly is nice to see changes made at this nursing home in the wake of this alleged sexual abuse, I frankly think that these lawsuits will have more effect on improving patient care. Particularly in cases involving widespread errors by staff, civil lawsuits can be the impetus to change.

Read more about this lawsuit against an Illinois nursing home here.

Related:

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

Murderers, Rapists, And Other Violent Criminals Living With The Elderly

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

Why do nursing homes describe pressure sores according to 'stages'?

"What do nursing homes describe pressure sores according to stages?"

-Edith Phoenix, AZ

Nursing homes and hospitals use a four stage scale to describe, monitor and treat pressure sores (also called bed sores, pressure ulcers or decubitus ulcers).  By categorizing pressure sores, according to standardized characteristics, a sense of uniformity can be established amongst all medical facilities that treat people with pressure sores.

Bed sores are categorized based on their severity (stage 1, stage 2, stage 3 or stage 4). The National Pressure Ulcer Advisory Panel, a professional organization dedicated to the prevention and treatment of bed sores, has set forth specific characteristics to help medical professionals objectively categorize a wound.

Stage I- Initially, a pressure sore appears as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics and other people with darker skin, the mark may appear to have a blue or purple cast, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.

Stage II- At this point, some skin loss has already occurred — either in the epidermis, the outermost layer of skin, in the dermis, the skin’s deeper layer, or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration. If treated promptly, stage II sores usually heal fairly quickly.

Stage III- By the time a pressure ulcer reaches this stage, it has extended through all the skin layers down to the muscle, damaging or destroying the affected tissue and creating a deep, crater-like wound.

Stage IV- In the most serious and advanced stage, a large-scale loss of skin occurs, along with damage to muscle, bone, and even supporting structures such as tendons and joints. Stage IV wounds are extremely difficult to heal and can lead to lethal infections.

Occasionally, a bed sore may be categorized as ‘unstageable‘. Unstageable bed sores are usually referred to as an extremely advanced wound where there is involvement of skin, muscle and bone.

Immobile patients in nursing homes, hospitals, and other medical facilities are particularly at risk for developing bed sores. 
 
If you use a wheelchair, you’re most likely to develop a pressure sore on: your tailbone or buttocks, shoulder blades and spine. Although less common, long-term use of a wheelchair can result in bed sores on the backs of your arms and legs where they rest against the chair.

Bed-bound patients commonly develop pressure sores in the following areas: back or sides of your head, rims of ears, shoulders, hip bones, lower back or tailbone, knees, heels, ankles and toes.

Stages of bed sores

 Resource:

Bed Sore FAQ

National Pressure Ulcer Advisory Panel

Stages Of Bed Sores

Bed Sore Resources

Admissions Suspended At An Emeritus Assisted Living Facility Following The Discovery Of: Medication Errors, Bed Sores & Falsified Medical Records

After discovering multiple health and safety problems, Florida officials have suspended the admission of new residents to Emeritus at Crossing Pointe-- a Florida Assisted Living Facility.  

A September inspection of Emeritus revealed:

  • An 82-year-old patient who died after staff failed to provide her heart medication for four days
  • Inaccurate resident counts by facility managers
  • Residents with infected bed sores (also called decubitus ulcers, pressure ulcers or pressure sores)
  • Neglected patients-  some Alzheimer's patients had toe nails so long that they curved around their toes
  • Falsified medical records
  • Staff administering the wrong medications to patients that resulted in injury

The documented findings above, come on the heels of a suspected Norovirus outbreak in August at the facility.  The outbreak originated in the facilities cafeteria and sickened 19 residents and two staff members.

In response to the recent findings, management of Emeritus at Crossing Pointe recently held a meeting for residents and their families.  According to acting executive director, Pam Campbell, the identified conditions by inspectors are "not what Emeritus stands for" and calls findings "very sad for us."

Rest assured, once the state lifts the suspension on new admissions, Ms. Campbell says her facility is prepared.  "We're ready for them any day."  

Great.  

I find it difficult to believe the Ms. Campbell-- or any manager in her position-- is capable of turning around such a troubled facility so quickly.  The reason the state's inspection report listed such extensive violations is because Emeritus allowed a culture of poor patient care to exist.  My guess is that until management decides to delve deeply into these problems and evaluate each employees role in this neglect, it is only a matter of time before more problems surface.

Emeritus Corporation

Emeritus Senior Living is part of the Emeritus Corporations, a publicly traded company based in Seattle.  Emeritus Senior Living operates more than 300 assisted living, Alzheimer's care, and retirement communities across the country.

Resources:

Report: Patient at South Orange County assisted-living facility died after she wasn't given her medicine, Orlando Sentinel, November 15, 2009

We're fixing problems, assisted-living manager tells residents, Orlando Sentinel, November 17, 2009

Nursing Home Spotlight: Pershing Convalescent Home- Berwyn, IL

Pershing Convalescent Home is a small 51 bed nursing home located in Berwyn, IL, a suburb of Chicago.  This nursing home facility received only one out of five stars, which is a much below average rating, according to the government’s Medicare website. 

The facility’s health inspections rated a mere one out of five stars, which is a much below average rating.  In the past year, the nursing home had 14 health deficiencies, which is 6 more than the average number of health deficiencies in Illinois and in the United States.  However, this is an improvement compared to the 30 health deficiencies that the facility received in the previous year. 

Nursing homes must meet strict regulatory standards in order to be certified by Medicare.  Certified nursing homes have an obligation to provide a safe and secure facility for its residents and to provide proper care and supervision to achieve and maintain the highest level of well-being for its residents.   

Pressure Sores

One resident who entered the facility with a pressure sore on his ankle did not receive adequate treatment and services in order to promote healing.  This same resident also did not receive adequate services to prevent the development of a new sore on his left heel. 

These failures by the nursing home staff pose immediate danger the resident’s health and well-being.  Pressure sores are a serious concern for nursing home residents, especially those with limited mobility due to weakness or illness.  Without proper treatment (cleaning, removal of damaged tissue, dressings, antibiotics), pressure sores can become infected, leading to bone and join infections and even sepsis, which can result in death. 

Many residents rely on nursing home staff to provide proper services to prevent pressure sores including turning the resident often enough and pressure reducing mattresses and cushions to help relieve pressure.    

Because of the serious nature of pressure sores, nursing home facilities must ensure that a resident who enters the facility without does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable, and a resident having pressure sores must receive necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing.  Pershing Convalescent clearly failed to meet this requirement. 

Failure to Treat Wounds

According to survey reports, the facility failed to provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of its residents by failing to ensure that one resident received proper medical treatment and services to treat wound areas on his right arm.  This resident was completely dependent on staff for bathing and other activities of daily living. 

Despite being bathed by staff, staff members failed to notice and therefore failed to treat two open wounds on his arm.  Proper wound treatment is important in elderly nursing home residents because of the risk of infection and further complications.  As such, it is important that staff members be observant to catch injuries and wounds early in order to provide proper treatment. 

Restraints

Nursing home residents have the right to be kept free of physical restraints use for disciplinary purposes or convenience and not required to treat medical symptoms.  However, two residents who did not have physician orders or care plans in place for the use of restraints, were kept in reclining chairs with a lap trays to keep them from getting up.  In order to protect the rights of nursing home residents and prevent abuse, staff members should obtain physician orders for restraints. 

Unsanitary Conditions

Nursing home facilities must maintain a sanitary, orderly, and comfortable environment for nursing home residents.  However, recent survey reports verify that Pershing Convalescent failed to meet this requirement because of pungent and pervasive urine and fecal odors that were noted on all three days of the survey. 

Upon entering the nursing home facility, inspectors immediately noticed strong urine and fecal odors.  Inspectors continued to notice the odors throughout a tour of the first and second floors.  The pervasive and unpleasant odors do not create a comfortable environment for residents, most of whom are restricted to the interior of the nursing home. 

Verbal Abuse

Pershing Convalescent Home failed to report alleged verbal abuse to the Illinois Department of Public Health.  This incident involved a 74 year old female resident who suffered from spinal stenosis (narrowing of the spine that can cause pain), prolapsed bladder (bladder bulges into vagina) depression, and anxiety.  The resident told the administrator and the assistant administrator that one of the nurses was rude and verbally abusive. 

When the resident asked for her prescribed medication, the nurse responded, “Go away, get lost.  Get out of my face.  You only want the medication to get high.”  In response to the incident, the administrator suspended the nurse for three days during the investigation.  Although it is facility policy to report abuse to the state licensing agency, the facility never reported the incident to the state agency. 

Inadequate Staffing

Pershing Convalescent also failed to provide sufficient staffing for the number of patients at its facility.  Inadequate staffing places patients at risk of harm primarily due to a lack of supervision.   

Inadequate staffing is likely responsible for the elopement of a  62-year-old female from the facility.  In response to previously elopement attempts, the woman was placed on high-risk elopement monitoring.  Despite the implementation of high-risk elopement precautions such as: observation flowsheets that provided for visual checks every thirty minutes and a magnet alarm was put in place-- the patient still managed to wander from the facility.  

Although the resident was located unharmed by the police as she was walking along the side of the street.  The state's investigation revealed that a staffing deficiency was to blame for the patient's elopement as one of the CNA's was late for work.  

Making the decision to put a loved one in a nursing home is a difficult decision.  Families should not have the additional burden of worrying about their loved ones suffering from abuse and neglect.  Pershing Convalescent Home has many deficiencies, which calls into question the ability of the facility to provide residents with proper respect, care, and treatment. 

Resources:

Medicare website

IDPH website

Nursing Homes Abuse Blog: Quarterly Review Of Illinois Nursing Homes Reveals Major Problems 

Patient Beaten To Death At Nursing Home With Long History Of Safety Violations. Should This Facility Really Be Considered A Skilled Nursing Facility Or Simply A Haven for Thugs?

Murder charges may soon be filed against 62-year-old Ardyce Nauden, after he beat brutally Andres Cardona at Chicago's Columbus Park Nursing & Rehab Center.  The beating occurred after Cardona allegedly tried to take Nauden's lunch. The August incident, resulted in Cardona being injured so badly that he was admitted to a hospital and placed on a ventilator.  Recently, Cardona died from his injuries.

By any standard, Columbus Park Nursing & Rehab Center fails to provide a safe environment for patients.  According to public records compiled in the Chicago Tribune's Illinois Nursing Home Safety Report website, Columbus Park cares for a particularly troubled population:

  • Almost 1/3 of the patients at Columbus Park have been diagnosed with a mental illness
  • 32 convicted felons
  • Over 63% of the patients are under 65 
  • 1 registered sex offender
  • 17 cases of reported battery amongst patients in 2009

No excuse for nursing home violence

In the case of Andres Cardona, the staff at Columbus Park certainly appear to be guilty of failing to supervise Ardyce Hauden around other patients after he had acted violently in the past.  When facilities continue to allow patients with known violent propensities to remain at a facility, there is an implicit understanding that they will take the necessary steps to protect other patients.

Below is WGN news clip of this story regarding violence at a Chicago Nursing Home.

 

 

 

Want Some Psychotropic Medication? Give This Nursing Home Psychatrist A Call.

In its seemingly endless series of well-done articles regarding the 'state of nursing homes' in Illinois and throughout the country, the Chicago Tribune, recently highlighted a well traveled Chicago psychiatrist-- Michael Reinstein.

Putting it mildly, Dr. Reinstein has a very unique style of practicing medicine-- one that commonly entails use of the powerful psychotropic medicine, clozapine.  Among Reinstein's unusual practice 'accomplishments':

  • In 2007, he prescribed medication to 4,141 Medicaid patients
  • According to an audit report, Reinstein sees 60 patients per day, 365 days per year
  • He is a the psychiatric medical director at 13 nursing homes in the Chicagoland-area
  • Reinstein personally write more prescriptions for clozapine than all the physicians in the state of Texas combined write for their patients.

The dangers of clozapine

Clozapine (the generic medication for Clozaril) is an anti-psychotic medication approved for use in schizophrenia and for reducing the risk of suicidal behavior in patients with schizophrenia or schizoaffective disorder.

Clozaril carries five black box warnings-- the FDA's strongest warning.  Consequently, Clozaril is only approved for use in limited circumstances and the FDA requires ongoing monitoring of the patients to minimize the risk of complications.

1) Agranulocytosis-  An abnormally low white blood cell count. Since white blood cells are necessary to fight diseases, this is a potentially fatal side effect. Patients being treated with Clozapine must have a baseline white blood cell (WBC) count and absolute neutrophil count (ANC) before initiation of treatment as well as regular WBC counts and ANCs during treatment.

2) Seizures- Seizures have been associated with the use of Clozapine.  Studies have conclusively demonstrated that the the incidence of seizures increases as the dosage increases. Additionally, patients taking Clozapine, should be advised not to engage in any activity where sudden loss of consciousness could cause serious risk to themselves or others.

3) Myocarditis- Inflammation of heart muscle.  The incidence of myocarditis has been demonstrated to substantially particularly in the first month of use.

4) Orthostatic hypotension- A large, sudden decrease in blood pressure upon standing that can result in fall.

5) Increased Mortality in Elderly Patients With Dementia- Elderly patients with dementia-related psychosis treated with atypical anti-psychotic drugs, such as Clozapine, are at an increased risk of death compared to placebo. 

Not surprisingly-- especially when medicating such a large group, many with high clozapine dosages-- some of Dr. Reinstein's patients have suffered adverse effects and even death related to clozapine intoxication.  Who is responsible, the drug itself or the man responsible for prescribing it? Would his patients be better served with another type of treatment?

Related Nursing Homes Abuse Blog Entries

Medication Aides In Nursing Homes: A Push To Save Money Or Improve Patient Care?

Nursing Home Employees Plead 'Not Guilty' To Charges Related To The Intentional Chemical-Sedation Of 22 Elderly Residents

Pile On The Medication

Administrator Charged With Elder Abuse After Intentionally Over-Medicating Nursing Home Patients

Blood Thinning Medications, Such As Coumadin, Pose Substantial Danger To Nursing Home Patients Involved In Falls

Coumadin (generic name - Warfarin), is an anticoagulant (blood thinning medication) that is commonly used to help treat and prevent blood clots that could cause a heart attack, stroke, or pulmonary embolism.  This prescription medication works by blocking the creation of certain clotting mechanisms, which prevents blood clots from forming.  The goal of warfarin therapy is to decrease the clotting tendency of blood but not to prevent clotting altogether.

Complications related to diet

Certain foods and drinks can impair the effect of warfarin.  If you are taking warfarin, you should be consistent in your dietary intake of vitamin K because large amounts of vitamin K can counteract the benefits of warfarin.  The recommended daily allowance for men is 120 micrograms of vitamin K, and for adult women, it is 90 micrograms.  Drinks containing large amounts of vitamin K (green tea) should be avoided. 

Other beverages (cranberry juice, alcohol) can increase the effect of warfarin, causing bleeding problems.  Patients on warfarin should eat a relatively similar amount of foods with high levels of vitamin K on a regular basis (kale, broccoli, spinach, collard greens, Brussels sprouts, and cabbage).

Complications related to falls

A major complication associated with warfarin treatment is bleeding due to excessive anticoagulation.  Excessive bleeding can occur from any area of the body.  Studies suggest that elderly patients on warfarin, especially those over age 80, have an increased risk of bleeding compared to younger patients on warfarin (the rate of major hemorrhage on warfarin was higher than previously reported because the rates were derived from younger patients on warfarin). 

Another study also revealed that there is an increasing incidence of anticoagulant-associated intracerebral hemorrhage that is associated with increasing warfarin use.  Patients taking warfarin should report any falls or accidents and signs of bruising or bleeding.  Because of the associated risks, high dose or long-term treatment with Warfarin is only recommended for people who are at a high risk of developing blood clots that could cause a heart attack, stroke, or pulmonary embolism.    

Because elderly patients on warfarin may have a higher risk of bleeding, nursing home residents on warfarin should be closely monitored for signs of unusual bleeding including bleeding from the gums, blood in the urine, bloody or dark stool, a nosebleed, or vomiting blood. 

Consequently, nursing home staff must track of patients who take Coumadin and closely monitor them for any evidence of uncontrolled bleeding.  Staff must pay particular attention to patients after a fall to avoid complications related to both internal and external bleeding.  Additionally, staff should alert the patients physician for additional directives.

Thanks to Heather Kiel, J.D. for her assistance with this entry.

Resources:

Clot Care: Bleeding rates are higher in those over 80 years old when started on warfarin 

American Heart Association Journals: Circulation: Major hemorrhage and tolerability of warfarin in the first year of therapy among elderly patients with atrial fibrillation

Mayo Clinic: Warfarin side effects: Watch for dangerous interactions

Neurology: The increasing incidence of anticoagulant-associated intracerebral hemorrhage

Attorney Jonathan Rosenfeld Discusses Nursing Home Violence In AARP Article

Chicago nursing home attorney, Jonathan Rosenfeld, recently discussed the escalation of violence in nursing homes in a recent AARP article, 'Outrage: Murder in the Nursing home, Budget woes prompt placement of sometimes-violent mentally ill in ling-term care."

In addition to financial pressure to keep facilities operating at a maximum capacity, many mentally disabled people are forced into nursing homes simply due to a lack of other alternatives. Unfortunately, as we have discussed, when the mentally disabled are placed in a nursing home the results can be tragic.

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

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

Nursing Home Crimes Go Unreported

Nursing Home Fails To Intervene In Case Involving Dementia Patient With A Known Suicidal Propensity

Nursing homes have an obligation to protect their patients from known dangers--- particularly those which may be self-inflicted.

In the case of nursing home patients with dementia or psychological disorders, nursing homes must acknowledge the fact that many of these people are incapable of appreciating many of the environmental dangers inherent with institutional care or comprehend warnings from staff.

An unfortunate of episode of a nursing home failing to intervene in the case of a patient with known self-destructive tendencies, has come to light with involving a Pennsylvania nursing home patient who recently commit suicide.

According to news reports, the 89-year-old woman entered Presbyterian SeniorCare in Oakmont, PA in July and committed suicide on September 24th when she jumped from a third-floor window at the facility.  

State inspection reports revealed that the facility became aware of the woman's suicidal intentions when she apparently told the nursing home staff that she intended to jump out the window months before the actual act.

Due to the fact that this SeniorCare facility failed to take any interventional action, such as notifying the woman's physician, the state put the facility on a six-month provisional license.

About Presbyterian SeniorCare

According to Presbyterian SeniorCare's (PSC) website, the company operates as a non-profit regional network of living and care options for older adults and/or persons with disabilities located throughout southwestern Pennsylvania. PSC offers services related to:

  • Nursing Care
  • Rehabilitation
  • Assisted Living
  • Supportive Housing
  • Home- & Community-Based Services
  • Alzheimer's Care
  • Retirement Communities

Related Nursing Homes Abuse Blog Entries

Hospital Cited For Multiple Safety Violations During Investigation Of Resident Death

Nursing Home Cuts Jobs Of 14 Nurses

PA Nursing Home Lawsuit Claims Facility Failed To Supervise & Implement Wheelchair Precautions

Daughter Banned from Philadelphia Nursing Home After Taking Pictures Of ....

As Congress Debates Health Reform Measures, Some Still Want To Strip Injured People Of Their Legal Rights

This is a great clip showing extreme efforts conservative members of congress will go to promote their big-business agenda.  Here you can see Rep. Bruce Braley (D-IA) constantly getting interrupted by his Republican colleagues chanting 'trial lawyer' as Braley champions patient safety in health care.

In his closing arguments, Congressman Braley states:

“During this entire health care debate, we've heard a lot from our friends on the other side of the aisle about something called medical liability reform, but all day as they've been talking about this point, you have not heard one word about patient safety.”

Good point congressman.

Related:

Let's Stick To The Facts About Healthcare Reform & Medical Malpractice

Medicare No Longer To Pay For 'Reasonably Preventable' Medical Errors

Who Benefits From Damage Caps In Nursing Home Lawsuits

Would you want this man to care for your granny at the nursing home?

 

Sure looks can be deceiving, but this guy sure looks creepy to me!

The guy pictured above is Franklin D. Hughes, a former CNA at Bartlesville Care Center.  If his creepy looks weren't enough, Mr. Hughes stands accused of sexually assaulting two dementia patients he was responsible for caring for at Bartlesville.

Making situation even more tragic is that Mr. Hughes was was accused of committing similar sexual acts with dementia patients at his prior job at the Nowata Nursing Center.  

According to a court affidavit, the patients at Nowata filed complaints with the Oklahoma State Department of health in 2003 and 2007.  Probably due to the patients dementia, the cases were closed because the patients could not provide details of the sexual abuse.

Admittedly, I am unfamiliar with the reporting professional reporting policies in Oklahoma, but if Bartlesville Care Center officials had access to the state's investigative file relating to Mr. Hughes prior conduct and either failed to make an inquiry or turned a blind eye, they certainly may open themselves to civil liability with respect to these most recent incidents.

Read more about this abusive CNA in an Oklahoma nursing home here.

Related Nursing Homes Abuse Blog:

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

'Senior Sitter' Charged With Sexual Assault Of Nursing Home Residents

Nurses Admit To Problems At Nursing Homes

New Technology Promises To Reduce Falls In The Elderly Population

There's no doubt about it, falls in the elderly population are a major cause of injury and even death.  The New York Times, ran an encouraging article that by incorporating relatively simple (and inexpensive technology) the number of falls can be reduced.

Using wireless sensors on clothes and strategically placed within rooms, scientists can monitor many different aspects that may be responsible for causing falls including: cardiovascular weakness, changes in medication, early stages of dementia and muscle degeneration.

The data from the sensors can be sent to a person's doctor to help in monitoring overall health and their likelihood of falling with the goal of taking interventional steps before a fall occurs.

The technology seems to work.  According to a recent study sponsored by the Technology Research for Independent Living, fall rates in a sample group of 60 to 94-year-olds were reduced by 30% when doctors used the sensor data to customize a rehabilitation and medication plan in accordance following data analysis.

With an annual cost of more than $75 billion per year, this fall-sensor technology may be a great investment for insurance companies and long-term care facilities because each unit costs less than $200-- certainly less than a trip to the emergency room or surgically repairing a hip fracture.

Obviously, more research needs to be done, but this technology seems to be very encouraging from both a quality of life and economic standpoint. 

Facts About Nursing Home Falls

  • About 1800 people die each year due to falls in nursing homes
  • 10 to 20% of nursing home falls result in serious injury
  • 2 - 6% of falls result in fractured bones
  • 3 out of 4 people living in a nursing home will fall this year
  • Most people are 'repetitive fallers'- After a first fall, there is a substantial likelihood that you will fall again
  • Most falls go unreported

Rosenfeld Injury Lawyers represents individuals and families in claims and lawsuits against nursing homes and long-term care facilities across the country.   If your loved one has suffered an injury or died in a fall, we are always available to discuss your legal options. (888) 424-5757

Related:

Fall In Nursing Home Claims The Life Patient-- Less Than 24-Hours After Admission

Even Common Falls Put Elderly At Risk For Developing Subdural Hematomas

Bone Fractures In The Elderly Require Special Attention To Improve Recovery & Prevent Complications

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

Nursing Home Spotlight: Washington Heights / Southpoint Nursing and Rehabilitation Center

The Southpoint Nursing and Rehab Center is a large 228 bed nursing home located in Chicago, IL. According to the government’s Medicare website, the facility received only one out of five stars, which is a much below average rating.

The facility received only two out of five stars for health inspections, which is a below average rating. In the past year, the nursing home had 17 health deficiencies, which is 9 more than the average number of health deficiencies in Illinois and in the United States. This is down one from the 18 health deficiencies in the previous year.

Nursing homes must meet the Requirements for States and Long Term Care Facilities outlined in 42 CFR Part 483. Pursuant to this statute, the nursing home has an obligation to provide a safe and secure facility for its residents and to provide proper care and supervision to achieve and maintain the highest level of well-being for its residents. According to survey reports the facility received violations for failing to:

  • Give each resident care and services to achieve or maintain the highest quality of life possible
  • Ensure that residents who cannot care for themselves receive help with eating/drinking, grooming, and hygiene.
  • Make sure that the nursing home area is free of dangers that cause accidents

According to survey reports, the facility failed to ensure that a resident, who relied on nursing home staff for all activities of daily living, received the necessary care and services to maintain good personal and oral hygiene. Proper hygiene is important in nursing home settings to prevent illness and infection. This is especially important for elderly residents who often times have compromised or weakened immune systems from underlying disease or illness.

The facility also failed to develop comprehensive care plans for safe and appropriate physical activity for two residents who developed a physical relationship while living in the facility. The residents did not have a care plan for safe and appropriate physical activity, nor did the care plans address safe sex issues.

The female resident suffered from diminished mental capacity; according to the attending physician, she is unable to make decisions for herself and cannot consent to consensual sex. The facility also failed to provide adequate supervision for the female mentally handicapped resident; this failure resulted in the resident being inappropriately touched by another male resident.

The facility also failed to provide adequate housekeeping and maintenance services in order to provide a clean, sanitary, and orderly resident environment. A site survey revealed that there were heavily soiled rugs with odors on one of the floors, unscreened open exit doors, unsanitary storage of residents’ personal items, expired care equipment stored with unexpired care equipment, and broken and unclean care equipment.

Southpoint received only one out of five stars for nursing home staffing. The facility has 188 total residents, compared to the national average of 94.7 and the Illinois average of 103.9. Each resident received 1 hour 8 minutes of nursing home staff time per day, which is less than the Illinois average (1 hour 12 minutes) and less than the national average (1 hour 24 minutes).

This one-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.

Sources:

Medicare website 
IDPH website

Related Nursing Homes Abuse Blog

Lawsuit Highlights Problems At Washington Heights Nursing Home

Third Quarter Illinois Nursing Home Violators

Chicago Nursing Homes Not Making The Grade

Legionnaires Outbreak Claims The Lives of At Least Two Residents Of Popular Chicagoland Retirement Community --The Park At Vernon Hills

Health offiicials believe the deaths of two residents of The Park of Vernon Hills are related to an outbreak of Legionnaires' disease.  A third resident of The Park also was disagnosed with the bacterial disease and remains hospitalized.

According to Leslie Piotrowski, a spokeswoman for the Lake County Health Department, "At this point in time, it looks like this illness is contained. It's not contagious. But we have notified primary care providers throughout Lake County to be looking for people with pneumonia, just as a precaution."

About 260 people live at  The Park of Vernon Hills, 145 N. Milwaukee Ave., Vernon Hills, IL.  The Park of Vernon Hills is part of Horizon Bay Reitrement Living, a company that operates retirement communities throughout the country.

The source of this Legionnaires outbreak is under investigation.  However, Legionnaires may occur in long-term care facilities due to contaminated water or heating equipment.  Authorities suspect Legionnaires is contracted by inhaling airborne water droplets containing legionellae. 

Legionnaires disease is particularly dangerous for the elderly because they are significantly more susceptible to complications from pneumonia and fever compared to the general population. Fatality rates attributed to legionnaires are believed to be between 5 and 50%.

If you or a family member live at The Park of Vernon Hills and have questions about you legal rights, we would honor the opportunity to speak with you. For more than 30 years Rosenfeld Injury Lawyers has championed the rights of the elderly.  (888) 424-5757

Related:

7 Cases Of Legionnaires Disease Attributed To Assisted Living Facility

 

 

Another State Invalidates Nursing Home Arbitration Agreements

On October 16th, the Nebraska Supreme Court ruled that an arbitration agreement between a nursing home and one of its residents was invalid because the resident’s son did not have the authority to sign a voluntary arbitration agreement on her behalf. 

Frank Koricic lived with his elderly mother, Manda Baker, and assisted her in her activities of daily living.  Ms. Baker was originally from Croatia and had limited ability to read, speak, or understand English.  Because of a decline in health, Ms. Baker was admitted to the Beverly Hallmark nursing home (now doing business as Beverly Enterprises) in Omaha, Nebraska. 

Upon admission, her son, Frank, signed several documents on her behalf, including an optional arbitration agreement (“Resident and Facility Arbitration Agreement”).  This arbitration agreement was not a condition of admission and provided that all claims or disputes arising out of any services or health care provided by the nursing home facility would be resolved exclusively by binding arbitration. 

In 2007, Ms. Baker allegedly sustained injuries as a result of nursing home negligence while in residence at the Beverly Hallmark.  Ms. Baker later died in September 2007.  Frank, Manda’s next of kin and trustee of her estate, filed suit against Beverly Enterprises, alleging negligence, breach of contract, and breach of fiduciary duty. 

Beverly Enterprises moved to dismiss the case and compel arbitration under the arbitration agreement that Frank had signed at the time of his mother’s admission.  Frank argued that the facility could not enforce the agreement because he, not his mother, had signed the arbitration agreement.  The district court ruled that that the arbitration agreement was valid and enforceable against Ms. Baker’s estate because she had authorized her son to sign medical authorizations for her.   

The Supreme Court reversed and remanded the decision of the district court, concluding that Ms. Baker’s son did not have authority to sign the arbitration agreement because it was not a condition of admission.  Frank had actual authority as his mother’s agent to sign medical documents for her.  Frank also had actual authority to sign the paperwork required for her admission to the nursing home facility. 

However, the arbitration agreement was optional and not required for Ms. Baker to reside at the facility.  Therefore, Frank did not have actual authority to sign the arbitration agreement. 

The Nebraska Supreme Court also determined that Frank did not have apparent authority to sign the arbitration agreement because there was no evidence that Ms. Baker knew Frank would be asked to sign an arbitration agreement, or that she indicated to any staff members that she authorized Frank to sign such an agreement, or that she later ratified the agreement. 

Furthermore, a reasonable person should not have expected an arbitration agreement to be included in the nursing home’s admission documents.  Thus, the nursing home facility was not justified in relying on Ms. Baker’s authorization of her son to sign admission papers as authority to bind her to an arbitration agreement.  The Nebraska Supreme Court reversed the trial court’s order to dismiss Frank Koricic’s complain and remanded the case for further proceedings.   

This decision could affect the validity of optional arbitration agreements where surrogates sign nursing home admission materials, depending on the extent of the surrogate’s authority to sign documents on the resident’s behalf. 

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

Sources:

Frank Koricic v. Beverly Enterprises, Nebraska Supreme Court, 2009

Related Nursing Homes Abuse Blog Entries:

Landmark Nursing Home Arbitration Award May Cause Facilities To Re-Evaluate Patient Care

AARP Joins Fight To Preserve Right To Jury Trial

Should You Give Up Your Right To Trial?

 

Medications Such As: Visocol, OsmoPrep, or Fleet Phoso-Soda May Cause Kidney Failure Or Death In The Elderly

We've all gone through the unpleasant task of preparing for a colonoscopy.  Drinking an unpleasant liquid or popping pills for the purpose of giving the doctor a better view of our colon's contents is.... anything but pleasant.  Now, news has surfaced that, depending on the product you used to prepare for the procedure, the experience may not have been merely unpleasant-- but downright dangerous.

On December 11, 2008, the FDA ordered the makers of Visicol and OsmoPrep to put a black box warning on their products alerting consumers to the fact that the drugs can cause kidney damage or death. The warning came after the FDA confirmed more than 20 reports of a severe kidney injury called acute phosphate nephropathy after people consumed the products.  Acute phosphate nephropathy may progress resulting in: kidney failure, long-term dialysis, the need for a kidney transplant or death. 

On the heels of the FDA warnings regarding Visicol and OsmoPrep, C.B. Fleet Company, the manufacturer of Fleet Phoso-Soda and Fleet Phoso Soda EZ Prep Bowel Cleansing System, stopped selling the products over-the-counter without a prescription.

Visicol, OsmoPrep, and the Fleet Phoso-Soda products all contain high doses of sodium phosphate that works to clean out peoples bowels before medical procedures such as colonoscopies.  

According to Dr. Joyce Korvick, deputy director of the FDA's Division of Gastroenterology Products at the Center for Drug Evaluation and Research, "Of the reported cases, three were biopsy-proven cases of acute phosphate nephropathy.  The onset of the kidney injury in these cases varied, occurring n some within several hours of the use of the products and in other cases up to 21 days after use."

The FDA's warnings applicable to Visicol, OsmoPrep and Fleet Phoso-Soda products are particularly relevant to elderly people, because studies have repeatedly shown medical complications in the following demographics after they take oral sodium phosphate tablets:

  • People over 55-years-old
  • People suffering from dehydration
  • People suffering from kidney disease
  • People taking medications to control blood pressure (angiotensin converting enzyme inhibitors- to lower blood pressure or angiotensin receptor blockers- used to treat high blood pressure)
  • People taking anti-inflammatory medications (including many arthritis medications or ibuprofen)

Symptoms of Acute Phosphate Nephropathy:

People with acute phosphate nephropathy may or may not have physical symptoms of their illness. In the case of those with no physical symptoms, blood tests that measure kidney function can be used to confirm the diagnosis.

The majority of people with acute phosphate nephropathy have some physical manifestation of the disease including one or more of the following symptoms:

  • Reduced urine output
  • Rapid energy loss
  • Swelling in the legs and ankles

If you have a loved one who suffered acute phosphate nephropathy, kidney failure, the need for a kidney transplant, the need for long-term dialysis or died after taking a Fleet product, Visicol or OsmoPrep, you may have legal rights for damages against the manufacturer of the product. Additionally, if your family member was administered the drug at medical facility such as a nursing home or hospital, a cause of action may also exist against that facility.

At Rosenfeld Injury Lawyers, we pride ourselves on a hands-on approach when evaluating every case.  We believe our rigorous case analysis with some of the leading medical professionals, helps secure the best results for our clients.  As we have done for more than 30 years, we will evaluate your potential case at no expense for you.  (888) 424-5757

Resource:

Oral Sodium Phosphate (OSP) Products for Bowel Cleansing (marketed as Visicol and OsmoPrep, and oral sodium phosphate products available without a prescription), FDA 12/11/2008

Bed Sore Problems Compounded: Amyloidosis

One of the nursing home negligence cases my office is currently investigating involves the death of a man related to complications related to amyloidosis.  Turns out, the man was suffering from an advanced bed sore on his coccyx (also called pressure ulcers, pressure sores or decubitus ulcers) that had progressed so far that the bone in the area had become infected (osteomyelitis).

Elderly nursing home residents, especially those suffering from other diseases such as bed sores, have a higher risk of developing amyloidosis, a disease which can damage various tissues and organs.  This can cause dangerous complications in residents who are already weak from advanced age or underlying disease.

Amyloidosis is a group of diseases caused by abnormal deposits of amyloid protein (usually produced by cells in bone marrow) in the body’s tissues and organs.  The disease frequently affects the heart, kidneys, liver, spleen, nervous system, and gastrointestinal tract.  The amyloid protein can deposit in a localized area (localized amyloidosis) or affect tissues throughout the body (systemic amyloidosis).  Amyloidosis is diagnosed for testing for the amyloid protein in a biopsy of involved tissue. 

Systemic amyloidosis is classified into three major types:

  • Primary (AL) amyloidosis
  • Secondary (AA) amyloidosis
  • Hereditary or Familial (ATTR) amyloidosis

Primary amyloidosis, the most common form of amyloidosis, occurs when a plasma cell in the bone marrow spontaneously overproduces a particular protein portion of an antibody.  AL can affect many areas (heart, kidneys, liver, spleen, nerves, intestines, skin, tongue, blood vessels) and can occur with bone marrow cancer (bone marrow cancer), but is a disease entity of its own.

Secondary amyloidosis occurs as a result of another illness (multiple myeloma, chronic infections including tuberculosis and osteomyelitis, or chronic inflammatory diseases including rheumatoid arthritis and ankylosing spondylitis).  It usually affects the kidneys, spleen, liver, and lymph nodes.  Treatment for AA is usually treating the underlying illness.

Familial amyloidosis is a rare form of inherited amyloidosis that is an inherited autosomal dominant disease (meaning that the offspring of a person with the condition has a 50% chance of inheriting it).  ATTR usually affects the liver, nerves, heart, and kidneys. 

The signs and symptoms of amyloidosis depend on the tissues or organs affected.  The symptoms result from abnormal functioning of the organs and tissues involved.  They may include:

  • Swelling of ankles and legs
  • Numbness or tingling in hands or feet
  • Severe fatigue
  • Weakness
  • Significant weight loss
  • Loss of appetite
  • Shortness of breath
  • Irregular heartbeat
  • Diarrhea or constipation
  • Protein in urine
  • Feeling full quickly
  • Enlarged tongue
  • Difficulty swallowing
  • Swelling
  • Skin changes (thickening or easy bruising)
  • Purplish patches around the eyes

 Risk factors for amyloidosis including:

  • Age – older than 65
  • Other diseases – having chronic infections or inflammatory disease or osteomyelitis
  • Family history – history of amyloidosis
  • Kidney dialysis – large, abnormal proteins can build up in the blood

The severity of the disease depends on which organs and tissues are affected.  The disease can result in dangerous complications including kidney damage, heart damage, and nervous system damage.  Kidney damage can result when amyloidosis affects the kidneys.  Kidney problems frequently translate to damage with the bodied blood filtering system, allowing protein to leak from the blood into the urine.  This may result in kidney failure. 

Heart damage can also occur when amyloidosis affects the heart.  This reduces the heart’s ability to fill with blood between heartbeats, meaning less blood is pumped with each beat.  Nervous system damage can also occur when amyloid protein deposits affect the nerves.  This can result in numbness, tingling, or difficulty controlling blood pressure. 

There is no cure for amyloidosis, but treatment may help manage the signs and symptoms of the disease, limit further production of amyloid protein, and treat any underlying disease.  Several treatments of primary amyloidosis are being studied including medicine and peripheral blood stem cell transplantation. 

Nursing home residents suffering from painful pressure sores are at an increased risk for amyloidosis.  Should a pressure sore patient develop amyloidosis, they run the risk of organ tissue damage and increased risk of amyloid protein deposits.  Also, paraplegic patients suffering from sepsis as a result of pressure sores also face complications stemming from amyloidosis. 

Sources:

Mayo Clinic: Amyloidosis

Boston University: Amyloid Treatment and Research Program

Amyloidosis Foundation

Pressure sores: aetiology, treatment and prevention (Colin Torrance)

Related:

Bed Sore FAQ

Bedsores: Are You At Risk?

In For Rehab. Out With Bedsores.

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

Bed Sore Resources

7 Cases Of Legionnaires Disease Attributed To Assisted Living Facility

Seven cases of Legionnaires' Disease have been reported at an assisted living facility in Waverly, Maryland.  According to the Baltimore City Health Department, all the people were living at Stadium Place Apartments before they were diagnosed with the disease.  So far, the disease has claimed the life of one of the residents.

What is Legionnaires Disease?

Legionnaires disease is an infectious disease caused by the Legionella bacteria.  There are two types of Legionnaires disease: Legion fever (where people generally develop pneumonia) and Pontiac Fever (symptoms similar to the flu).

Legionnaires disease got its name when a group from the American Legion conference all developed pneumonia.  When scientists analyzed the group, they noticed that they all had the same bacterium called Legionella.

Although Legionnaires' disease not contagious, outbreaks may occur in long-term care facilities due to contaminated water or heating equipment.  Most authorities believe Legionnaires is contracted by inhaling airborne water droplets containing legionellae. Some authorities also believe that Legionnaires may be acquired by drinking contaminated water or using contaminated water to clean wounds.

Legionnaires disease is particularly dangerous for the elderly because they are significantly more susceptible to complications from pneumonia and fever compared to the general population. Fatality rates attributed to legionnaires are believed to be between 5 and 50%.

Resource:

Legionnaires' Disease in Long-Term Care Facilities: Overview and Proposed Solutions, Meena H. Seenivasan, Victor L. Yu, Robert R. Muder (Journal of American Geriatrics Society, 53:875-880, 2005.

31 Allegations Of Abuse At Chicagoland Nursing Home

In defense of nursing facilities, any person can make an allegation that the facility provided abusive care.  Consequently, the unfounded allegations can and should be discarded. 

Nonetheless, when many people complain of poor care at the same facility--- and many of the allegations are substantiated, there should be real cause for concern.

CBS 2, a Chicago television station, recently reported on such a facility, Westmont Nursing & Rehab Center, in Westmont, IL.  In its report, CBS interviewed staff and family members who witnessed abusive situations such as:

  • Failing to provide feeding assistance to patients who need help with meals
  • Unexplained bruises
  • Dirty living conditions
  • Giving cold showers to difficult patients
  • Staff 'throwing' patients into bed

Lest anyone suggest that the news reporter intentionally selected these people for her story to sensationalize a tragedy, the Illinois Department of Public Health investigated many of the allegations and confirmed mistreatment.  

Out of 31 investigations relating to abuse, the Illinois Department of Public Health substantiated 11 claims for poor quality care and one case of confirmed abuse.

Currently, Westmont Nursing & Rehab faces $200 per day in fines due to safety violations.

Time to look for another facility?

The thing that caught my attention regarding this story, is that many of the families who were interviewed for the story are not seeking another facility for their loved ones. In my humble opinion, for both safety and litigation-related reasons, they need to begin looking for alternative facilities for their loved ones. By keeping their family members at the nursing home, there is an implicit understanding that they approve of the care the facility is providing.  

Should a lawsuit against Westmont come along, the argument will certainly be made that by keeping their loved ones in the facility-- after they became aware of the suspected abuse-- that they somehow approved of the care.

Maybe I'm wrong, but I'll bet many jurors will buy into the nursing home's lawyers argument, 'If they thought the nursing home was doing such a bad job caring for their loved one, why did they keep them here?'

Related:

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

What Are Signs Of Nursing Home Abuse?

Just Do It. Photograph Everything

IDPH Surveys for Westmont Nursing & Rehab Center

53 Illinois Nursing Homes Cited In 2009- 2nd Quarter Violations

53 Illinois Nursing Homes have the dubious distinction of being named on the Illinois Department of Public Heath, 2009 Second Quarter violations list. The list represents nursing homes that have been cited by the Illinois Department of Public Health due to violation(s) of the Nursing Home Care Act, or the agency has recommended de-certification to the Director of the Illinois Department of Healthcare and Family Services, or the Secretary of the U.S. Department of Health and Human Services for violations in relation to patient care, pursuant to Titles XVIII and XIX of the Social Security Act.

Related Nursing Homes Abuse Blog Entries:

New Website Provides A One-Stop-Shop For Families In Need Of Assistance Selecting A Nursing Home

Update On Illinois Nursing Home Molestation- Officials Ousted

Even After Repeated Tragedies, Alden Wentworth Nursing Home Refuses To Hire Additional Staff To Assist Patients

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

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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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