Are We Expecting Too Much From Home Care Workers?

Sherrie CoomerPerhaps out of fear? 

Perhaps as a backlash to the bad press we regularly hear about nursing homes? 

The popularity of home-care continues to expand as many people view such arrangements as a viable alternative to the skilled nursing care provided in nursing homes.  For the the most part, these simply are not.

Unlike nursing homes which are medical facilities--- staffed by medical professionals, most home-based care is provided by staff who may not have the specialized training and credentialing of nursing home staff. 

That's not to say that home-care (and even home-health care) doesn't fill and important role in providing needed assistance to people who are not capable of living independently, but it is important to remember that there are limits to the type of care that these people can provide.

I was remined of the increased reliance that we are consistently putting upon home-care workers and agencies when I read about a home care worker who was caring for a stroke patient who was completely reliant upon the worker for assistance with all daily living activities--- grooming, bathing, administration of medications and transportation to doctors' appointments.

Unfortunately, at some point the home care worker stopped attending to her patients care needs and simply allowed the patient to deteriorate to the point that the patient was allowed to remain confined to a reclining chair.  Over the course of several months, the home care worker allowed the disabled patient to essentially sit in her own feces and urine because she was unable to move the patient without assistance.

Not surprisingly, the inattention to the patient's basic care needs resulted in the development of extensive decubitus ulcers--- and eventual death from a systemic infection known as sepsis.  According to the coroner examining the body, the wounds were so advanced in nature that maggots had infested the wounds.

Now, the home care worker faces involuntary manslaughter charges for her extended inattention to the patient's needs. 

As we await to see how the criminal matter progresses, I immediately began to consider why a single home care worker was allowed to single-handedly care for a patient with such obviously complex medical needs?  Though I know no more about this incident than what has been disclosed in news reports, I would home that authorities would consider investigating to see if she was part of an agency or placed via a service.

Sadly, situations like this can--- and do occur in a variety of different contexts-- nursing home, hospital or assisted living, but I feel as though situations such as this simply set the patient and caregiver up for imminent failure with perhaps a combination of unrealistic patient expectations and a caregiver simply overextending themselves.

Home Care Services

For patients and families considering a home-based care arrangement, it is important for families be realistic about their loved one's personal care and medical needs.  As opposed to assuming that all needs can be achieved, it is crucial to understand that there are limits to the type of care that can be realistically provided.

From a legal perspective, when a home care agency fails to uphold their end of the bargain, a cause of action may be pursued to recover damages related to their negligence or neglect.  In a civil lawsuit against these providers, damages can theoretically be recovered for all of the patients injuries and accompanying medical care.

Related Nursing Homes Abuse Blog entries:

Three Years And $23 Million Later, Jury Finds Home Care Nurse & Agency Responsible For Neglect Of Patient

At Fraud Trial Involving A Home Health Agency, The Real Losers Are The Patients Who Miss Out On Care

Nursing Home Fined For Poor Care Of Patients' With Feeding Tubes

Some of the most vulnerable patients in the nursing home community remain physically disabled patients with feeding tubes.  Reliant on staff for their nutritional needs, specific protocols must be followed: before, during and after feedings in order to achieve their highest level of functioning.

I was reminded about the heightened vulnerability of feeding tube patients when I heard about how an investigation into the care of patients at a Connecticut Nursing Home revealed that staff were providing incompetent care to two patients at their facility. 

The state’s investigation confirmed that staff at the facility allowed one patient suffer extreme weight loss and another feeing tube patient to suffer noticeable dehydration during an admission to a New Haven, CT facility, now known as Paradigm Healthcare.

With respect the malnourished feeding tube patient, a review of the patient’s chart suggested that the patient lost an alarming 20 pounds during a 30-day period. 

Equally alarming was the similar mistreatment of patient with a gastric feeding tube who required a hospitalization due to dehydration.  A state report into the patient’s nursing home care determined that the nursing home staff failed to take any corrective measures when the feeding tube remained visibly clogged over an extended period --- with multiple shift changes.

While fines were dispensed for these incidents of troubling care, I find multiple episodes of similarly poor care--- at the same facility-- to be appalling. Given the fact that the harm to these nursing home patients occurred over an extended period--- where many different staff members were likely caring for these patients--- there clearly is a systemic problem when it comes to properly caring for feeding tube patients. 

As a nursing home lawyer, who has litigated feeding tube complication cases I find that many staff members fail to appreciate the potential complications related to tube feeding patients.  Similarly, I see troubling occurrences where staff  are in such a rush to work their way though the roster of feeding tube patients that they fail to take basic safeguards such as flushing out the feeding tube or keeping the patient elevated during feedings--- which can contribute to serious complications such as: 

  • Aspiration
  • Dehydration
  • Infection
  • Malnutrition
  • Death

As a result of the medical families’ staff responsibility to properly care for patients with feeding tubes--- and ensure that the devices are safely maintained, any situation involving a feeding tube complication deserves to be analyzed from a liability standpoint to determine if legal action is necessary.

Related Nursing Homes Abuse Blog Entries:

Improperly Placed Feeding Tube Results In Systemic Infection Of Disabled Nursing Home Patient

Failure To Keep Bed Elevated To Blame For Nursing Home Patient's Death From Aspiration Pneumonia

Feeding Tube Mishap Results In Patient Death & Large Nursing Home Fine

Dysphagia In Nursing Home Patients May Contribute To Medical Complications Such As: Choking, Pneumonia Or Death

A Little Digging Can Reveal Lots About Your Nursing Home

The need to get a loved one quickly situated into a nursing home following an acute illness or after coming to the realization that extra care is indeed necessary places an enormous amount of stress on the individual and their family.  Given the well-publicized problems at some skilled nursing facilities, today more than ever families are looking for an inside track on which facilities provide the best possible care.

While there is no substitute for a first hand visit (or, perhaps two) to the facility to see the facility and staff for yourself, given geographic limitations and the time constraints involved with most nursing home placement scenarios, the reliance on on-line technology is proving to be an increasingly tool in the arsenal of resources for families.

Earlier, we have discussed how to access information from court websites and through Department of Health websites, but another important on-line tool for information on nursing homes is Medicare's Nursing Home Compare website, which allow family members to look for nursing homes by name or geographic parameters. 

With all of the facilities clearly presented on one screen, Medicare's Nursing Home Compare service allows users to see how each facility rate according to their star-ranking system, but also allows families to get information about a facilities location and type of payment that each facility accepts.

I strongly encourage families to use this site as a tool in their selection process as many facilities can be honed in on in a very short period of time.  As an example, below is a compilation of the information contained from Medicare regarding ManorCare facilities in Illinois.

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Nursing Home Injury Laws: Maryland

Number of nursing homes in Maryland: 230

Patients living in Maryland nursing homes: 24,951

Occupancy rates of Maryland nursing homes: 87.3%

Average number of deficiencies at each Maryland nursing home: 15.8

Percent of Maryland nursing homes with serious deficiencies for actual harm to patient: 20.9%

Most common deficiencies at Maryland nursing homes: Quality of Care, Accident Environment, Comprehensive Care Plans

Distribution of ownership of Maryland nursing homes: 62 % for profit, 32% non profit, 4% government

Most populated cities in Maryland: Baltimore, Rockville, Frederick, Gaithersburg, Columbia, Annapolis

Staffing levels at Maryland nursing homes (daily hours):Above average, 3.9 total staff,   1.6 licensed nurse

Visit Nursing Home Injury Laws to learn more about Maryland nursing homes and your legal right

**Data based upon 2009 CMS data, U.S. Department of Health and Human Service

Double Standard Applies To Sex Crimes Perpetuated Against Nursing Home Patients

I'd imagine that there would be blood in the streets if our society set convicted childhood sex offenders back to their task after serving a short period (42 days) behind bars.  Yet when these heinous acts are carried out against equally vulnerable members of our society-- the elderly, there seems to be little backlash when these offenders receive an amazingly soft touch of justice.

Just a couple of years ago-- abusive conditions at Good Samaritan Society, a Minnesota Nursing Home, made national headlines when evidence surfaced that confirmed that employees at the nursing home were physically and sexually abusing multiple patients over an extended period.  

Following a criminal trail, two of the main perpetrators Brianna Broitzman and Ashton Larson were each sentenced to 180 days in jail.  As part of the terms of the sentence, the two were allowed to petition the court at the conclusion of the first 60 days.  However, according to a report in the Albert Lea Tribune, each woman was released after serving just 42 days behind bars!

Given the young age of these perpetrators, I can appreciate some leniency in terms of their sentence-- but I really feel that both the sentence and time served provide a horrible precedent for similar abusive acts perpetuated against the elderly by caretakers.

Related Nursing Homes Abuse Blog Entries:

Nursing Home Aide Sexually & Verbally Abuses Residents

Nursing Home Abuse Charges Filed Against Teenage Workers

Girls Gone Wild In Minnesota Nursing Home

Nursing Home Abusers To Be Released

Illinois Lawmaker Seeks To Tighten Reigns On Nursing Homes

For all the volumes of statutes on the books in the State of Illinois, there is a glowing vacancy when it comes to legislation to help protect our elders--- and specifically nursing home patients.  Call it a mere oversight if you wish, but much of the current legislation fails to address problems frequently encountered by individuals and families who have been abused or neglected in the states 1,000+ skilled nursing facilities.

Recognizing the litany of problems nursing home patients face when facilities go under-staffing, Illinois State Rep. Kelly Cassidy (D-Chicago) has introduced a new piece of legislation (HB 5668) to provide more guidance as to how skilled nursing facilities in Illinois need to be staffed.

Building upon existing states laws, Rep. Cassidy's proposed legislation would promote the following issues:

1. Mandatory incident and violation reporting

Resident deaths, abuse, neglect or unusual incidents must be immediately reported to the Illinois Department of Public Health (IDPH), even if a resident does not die at the facility. Death reports must now include disclosure of medication errors or other incidents, and other violations must be reported to a resident’s next of kin or guardian.

Inspection violations must be disclosed to affected residents and their next of kin or guardian.

2. Requirements for treating mentally ill resident

Psychotropic medications can only be administered to objecting residents with a court order. Psychotropic medications may be administered to non-objecting residents incapable of giving informed consent.

IDPH may write rules on assignment of female residents to female-only units, which may be staffed only by female staff.

A psychiatric services rehabilitation coordinator (PSRC) must be available on call whenever there is no PSRC in the facility.

3. Resident advocacy

The Long-Term Care Ombudsman program will represent all long-term care facility residents, not just elderly residents, and increase staffing ratios so there is one ombudsman for every 3,500 licensed or approved beds served by the program by June 1, 2013, and one ombudsman for every 2,000 beds by June 1, 2014.

The state will make information clearly available to the public through electronic access to complete, near-current information on inspections and enforcement; information about facility staffing; and a database of the Consumer Choice Information Reports.

4. Consistent assignment

Staffing requirements will require that the same direct care staff stays assigned to the same residents, to the extent possible. There is an exemption if direct care staff request reassignment.

5. Mandatory liability insurance

All nursing facilities must maintain insurance against risks from neglect of a resident in an amount of at least $1 million per occurrence.

IDPH may deny a license application if the applicant does not have proof of liability insurance, and may suspend, revoke, or refuse to renew a license if the facility fails to maintain its liability insurance.

6. Certificate Of Need requirements

Nursing facility changes of ownership will now require a Certificate Of Need (CON) permit from the Health Facilities and Services Review Board.

A permit for change of ownership of a nursing facility with recent, serious violations will require a plan from the new owner detailing how the facility will remain in compliance. Facilities that do not follow such a plan will be subject to fines.

A nursing facility CON permit may be denied based on additional factors in operator history: insufficient staffing; repeated serious (AA) violations; failure to pay violations fines; termination of Medicare or Medicaid; lack of properly-credentialed administrator; or other “substantial failure” to follow licensing acts in the previous 5 years.

7. State Police training

Requires facility cooperation with State Police to train facility staff on preventing resident abuse and neglect.

8. Home Office Cost ReportsRequires the submission of home office cost reports to the state, by all “chain organization” facilities

Requires the public, online posting of several reports, including “home office cost report,” “facility cost report,” and “Consumer Choice report.”

9. Increased training

Increases training requirements for nursing homes, facilities for developmentally disabled, and Specialized Mental Health Rehabilitation facilities.

Increases minimum age and education requirement for Certified Nurse Assistants (CNAs) from 16 to 18 years, and from an 8th grade to a 10th grade education

As Chicago nursing home lawyers, we are grateful to see a lawmaker going to bat for nursing home patients across the state of Illinois.  Sadly, the provisions of this bill are rarely considered by patients or their families until a nursing home injury or death has occurred.  We will closely monitor Rep. Cassidy's nursing home legislation as the bill proceeds though the revisionary process.

Related Nursing Homes Abuse Blog entries:

Nursing Home Staff: Does Your Facility Love You? If So, They Would Properly Insure You.

Support Mandatory Nursing Home Insurance

Illinois Bill Seeks to Give Families Easier Access to Medical Records

New Device Hold's Promise For Preventing The Development of Pressure Sores In Immobile Patients

The origins of pressure sores have been well documented for centuries--- the combination of unrelieved pressure and force put upon the body. However, from a technological perspective, relatively little progress has been made towards reducing the rates pressure sores in patients with heightened risk factors.

From a preventative standpoint, the most widely suggested preventative technique remains turning patients at regular intervals to encourage the bodies natural circulatory process to bring vital oxygen and nutrients to areas of the body that can be starved off from these necessities when patients remain in one position for extended periods of time.

Pressure sore prevention plans remain a fixture at many medical and care facilities that care for the elderly and immobile patients. While promising in theory, these plans require the constant work from facility staff to effectively carry out.

Given the heavy work loads typically placed upon staff in nursing homes and other care facilities, the sad reality is that pressure sore prevention plans typically are not consistently carried out. Consequently, the development of pressure sores at medical facilities remains among the most significant threats to patient well-being.

In this light, I was really encouraged to read about a new pressure sore reduction technology that holds the promise of significantly improving the lives of millions of people who are at risk for developing pressure sores. The product known as Smart-e-Pants was developed by a team of experts in the fields of medcine, engineering and physical medicine who studied different aspects of pressure sores over five year period.

smart e pants

The end product may be reminiscent of ordinary bicycle shorts, but really is an undergarment with embedded electrical sensors to help simulate mini-muscle movements that healthy people ordinary make when they sit in a chair or lay down in bed.

According to one of the product’s developers Dr. Ming Chan, a rehabilitation medicine specialist for Alberta Health Services at Glenrose; “[o]ur aim is to prevent pressure ulcers by bringing blood flow and oxygen to the muscles. Smart-e-pants provides an electrical current for 10 seconds every 10 minutes stimulating the nerves and muscles to replicate what we do when we ‘fidget’ in our chair.”

While it may be a while before we see smart-e-pants devices broadly used in nursing homes and hospitals, researchers are encouraged from the initials trial and at tests completed with a pilot group of patients.

As we cautiously wait for more extensive trials to run their course, I am grateful to see more attention getting placed upon what truly has become an epidemic at many facilities. Who knows? Smart-e-pants may become standard issue to patients at risk for at nursing homes and hospitals?

Related:

Pressure Sores Must Be Timely Treated In Order To Maximize Chances Of Patient Recovery

Who Said Nursing Care Was Easy? The Prevention Of Bed Sores Requires Staff To Turn & Reposition Patients On A Reqular Basis

Why do bed sores commonly develop on the buttocks?

How quickly can a bed sore develop in a nursing home or hospital patient?

History Of Errors Discovered At Illinois Nursing Home Where Patient Wandered To His Death

It seems like the staff at Midwest Rehabilitation & Respiratory Care in Belleville, IL needs a refresher course in caring for patients with a propensity to wander. Last month the facility made headlines when a 77-year-old dementia patient wandered a short distance from the facility and died due to exposure to the elements.

Now, following an investigation by officials from the State of Illinois Department of Health, it appears that the man had prior episodes of attempting to leave the facility-- yet the facility failed to take the necessary steps to prevent the situation from occurring again.

A recent article in the Belleville News-Democrat by Kevin Bersett, “State: Belleville nursing home negligent” discussed the utter lack of safeguards in place at the facility intended to protect patients such as this man. When interviewed by state officials, nursing home employees conceded that they never heard any door or window alarm (to alert them that a patient had left the facility) on the day of the man’s disappearance. Further, staff was aware that the man should be wearing a monitoring device—yet staff allowed the man to remove the device.

All told, the state officials dispensed eight citations to Midwest Rehab concerning negligent care in the manner the facility handled both the care of the patient who recently wandered from the facility as well as for other issues identified during the inspection.

Officials were so concerned about the lack of wandering safeguards they issued considered the situation to pose an ‘immediate jeporardy’ to the patients at the facility and ordered the following corrective measures be implemented on the spot:

The surveyor confirmed through interview, record review and observation that the Facility took the following actions required attention to remove the Immediacy:

1. On 1/15/12, the facility conducted individual in-service training for all staff. All staff were in-services on the following policies and protocol: Elopements, Wandering Residents, Missing Residents, Head Checks and Drills, Elopement Drills, Door Alarms, Behavior Tracking, Tracking Sheets, Residents Currently on Tracking and/or (patient monitoring device) and the (patient monitoring device) System Policy.

2. On 1/16/12, the facility reassessed all current residents in the facility to determine wandering risk status. Following this, all high risk residents care plans were reviewed and changes made as necessary.

3. On 1/16/12, a Quality Assurance (QA) Meeting was held and all areas of the facility were reviewed to determine the possible exit route of the missing resident and other possible problem areas that exist. New preventative measures were implemented at that time as needed.

4. On 1/16/12, the QA committee reviewed all related policies and revisions were made as needed.

5. On 1/16/12 and on-going, secondary keyed door alarms were installed on all exit doors accessible to residents.

6. On 1/16/12, all high risk resident's information was placed in a binder at each nursing station and at the front desk. Each binder included the individual residents face sheet, a current picture, room number and specific interventions to be in place.

7. On 1/16/12, Receptionist's hours have been extended and are now from 8:00 AM until 9:00 PM to provide additional monitoring of our main entrance.

8. On 1/16/12 and on-going, all door alarms will be checked by Maintenance daily (Monday-Friday) and by the weekend manager on Saturday and Sunday to ensure they are in proper working order. These checks will be documented at the time they are completed. Batteries will be changed monthly and as needed.

9. On 1/16/12 and on-going, Elopement Drills will be conducted monthly, alternating shifts, and randomly per Director of Nurse's (DON) and/or designee. 10. On 1/16/12 and on-going, Head Check Drills will be conducted monthly, alternating shifts, and randomly per DON and/or designee.

11. On 1/16/12 and on-going, an initial Wandering Assessment will be completed on all new admits on the day of admission, in conjunction with their 14 day assessment, quarterly and PRN. Follow-up will be implemented based on the results of the assessment.

12. On 1/16/12 and on-going, patient monitoring devices will be checked daily by the MDS nurses Monday thru Friday and on the weekend by the weekend manager.

While the above safety measures seem justified, I find it sad that give the inherently basic nature of most measures, these were not implemented without an intervention from officials. In light of this publicized nursing home error and the prospect of facing a civil lawsuit from the deceased man’s family, I hope that this provides enough incentive for management to begin changing the way they operate and start giving patient needs a priority.

Related Nursing Homes Abuse Blog entries:

Illinois Officials Begin Examination of Nursing Home Procedures Following Elopement Of Alzheimer's Patient

Investigation Initiated After Suspicious Nursing Home Death, Involving Patient Wandering and Drowning

Too Little, Too Late. Nursing Home Submits Corrective Plan After Disabled Patient Wanders From Facility To His Death

State Fines Nursing Home Where Patients Drowns In Puddle In Front Of Facility

Winning Is The Easy Part. Collection Of Nursing Home Judgments May Prove Impossible When Assets Are Shielded Behind Complex Corporate Structures

Over the past few months, we've seen a steady stream of massive jury verdicts in cases involving wrongful death and nursing home abuse at skilled nursing facilities across the country.  After seeing some of the figures, you may be tempted to throw your hands up in desperation and think that perhaps someone is slipping the jurors something illegal in their lunchtime beverages.

Despite the assumption that some of these juries are simply out of touch with reality, a closer review of these substantial nursing home jury verdicts reveals that many of these verdicts are comprised of a substantial amount of punitive damages-- damages awarded to punish the wrongdoer-- as opposed to more traditional compensatory damages that are designed to compensate individuals for different aspects of their loss. 

When considering an award for punitive damages, many jurisdictions allow jurors to consider the financial background of the company so and award can be proportionate to their profitability.  Considering that some of these operators own hundred's of facilities, the amount of revenue pouring in is nothing less that staggering.  

Considering string of substantial verdicts: $114 million, $900 million and  $91 million in nursing home negligence cases recently, jurors have simply become outraged by the fact that while these operations are pulling in such substantial profits, it typically is at the expense of providing quality care to patients.  By reducing staffing levels and services, already profitable operations can achieve levels of profitability once thought to be unobtainable.

A punishment simply on paper

While the recent verdicts are impressive for their shear size, it is important to consider that most of these verdicts are probably worth little more than the paper that the jury verdict is written on.  As the profits from these operations are (legally) diverted to various corporate entities that control the daily decisions made at these facilities, the state laws applicable to the entities incorporation make following the money trail difficult--- if not downright impossible.

As this trend of corporate deceit continues to play a larger role in nursing home negligence and medical malpractice cases, families need to pressure lawmakers to implement accountability measures to ensure that there is sufficient assets present satisfy all judgments and potential creditors.

Related Nursing Homes Abuse Blog Entries:

How Much Money Does Manor Care Really Make?

Nursing Home's Conduct In Wrongful Death Case Angers Jury---- To The Tune Of $200 Million

Jury Punishes Hospital With Verdict In Medical Malpractice Lawsuit Where Patient Developed Bed Sores During Admission

Family Of Neglected Nursing Home Resident Awarded $42 Million By Jury

Nursing Home Injury Laws: Maine

Number of nursing homes in Maine: 107

Patients living in Maine nursing homes: 6,164

Occupancy rates of Maine nursing homes: 91.7%

Average number of deficiencies at each Maine nursing home: 9.4

Percent of Maine nursing homes with serious deficiencies for actual harm to patient: 19.6%

Most common deficiencies at Maine nursing homes: Professional Standards, Comprehensive Care Plans, Unnecessary Drugs, Food Sanitation

Distribution of ownership of Maine nursing homes: 70 % for profit, 29% non profit, 1% government

Most populated cities in Maine: Portland, Lewiston, Bangor, South Portland, Auburn, Augusta

Staffing levels at Maine nursing homes (daily hours): Above average, 4.5 total staff, 1.4 licensed nurse

Visit Nursing Home Injury Laws to learn more about Maine nursing homes and your legal right

**Data based upon 2009 CMS data, U.S. Department of Health and Human Service

Resident Interviews Proving To Be Too Burdensome For Nursing Home Staff

Sure, it may seem obvious that in order to do an assessment as to how a person is doing--- you would ask the individual himself.  However, according to a report from McKnight's, nursing home staff are ignoring essential resident interviews-- which are to be conducted as part of each patient's assessment process at the facility.  

While not all patients may be of sound mind or physically capable of articulating how they feel or what they need, a recent conference call initiated by Thomas E. Dudley, MS, RN of Centers for Medicare & Medicaid Services (CMS) reported;

CMS has received reported from some state surveyors that some facilities are not completing interview when residents are capable.  Providers will be cited when such a practice is verified.

According a nursing home resident assessment tool (MDS 3.) mandated by the government, every nursing home patient must initially be evaluated in order for the facility to tailor a plan of care that takes into account each patients needs.  MDS protocols suggest that each patient be evaluated on: their cognitive ability, mood, routine, activities and levels of pain.

When patient needs get blatently ignored, can it realy be much of a surprise that so many nursing home patients feel alone and unhappy? 

Little Evidence That Poorly Performing Nursing Homes Are Improving

While I imagine that there are a host of reasons behind the implementation of Medicare's Nursing Home Compare--- and star-rating system, I propose that a paramount reason was to 'encourage' poorly performing nursing homes to change the way that they operate.  It would make sense that the impact of market conditions would force troubled nursing homes to clean up their act or risk an inevitable decline in the number patients filling beds at their facility.....theoretically.

Despite Medicare's clearly identified label for the most poorly performing nursing homes-- one-star facilities-- as being 'much below average' compared to other facilities within the state, the dubious distinction doesn't seem to be like much of an impetuous for facilities to improve.

A recently USA Today article, "As nursing home care improves, some problems slow to mend" followed nursing home rating for facilities over the lifetime of Nursing Home Compare system.  While the authors did note that the percentage of poorly rated facilities has decreased since the programs inception, a distressingly large number of facilities have elected to follow their own inferior course. 

564 nursing homes providing care for upwards of 73,000 patients have consistently received the one-star rating during every inspection cycle of the program.  Not surprisingly, many of the facilities in this category share some similarities in that the majority (66%) of them are 'for-profit' facilities.  Similarly, a sizable contingent of poorly rated facilities are parts of large nursing home chains, such as ManorCare or Golden Living.

Why all of these poorly performing nursing homes?

Some experts associate the consistently poor rating with a high rate of staff turnover.  In this light, a pilot program has been initiated by a health policy foundation, The Commonwealth Fund, to help provide more consistency in the care that is provided to patients.

From my perspective--- even with the widely distributed rating system, many of these consistently poorly rated nursing homes continue to exist-- simply because the operators refuse to invest the necessary work needed to improve the care they provide to their patients.  As we consistently see with nursing home operators, as long as these facilities continue to remain profitable, the likelihood of improvement is dim.

Related:

Lots Of Information On Nursing Homes Is Out There--- It Frequently Is A Matter Of Knowing Where To Look

More Detailed Nursing Home Information Now Available Online

How Do I Begin The Search For Care Options?

More Improvements At Medicare's 'Nursing Home Compare' Website

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$8 Million Verdict Handed To Nursing Home After They Play Dumb About The Origin Of Patient's Injuries

Following a two week trial and several hours of deliberations, a Kentucky jury has awarded the family of a deceased nursing home patient $8 million in damages for the errors made related to the care of the patient during an admission in 2008.  Categorically, the damages were apportioned: $2 million for pain and suffering, $1 million for violation of the Kentucky Nursing Home Statute and $5 million in punitive damages against the nursing home according to news reports in the Carrier-Journal.

Retired surgeon, Dr. David Griffin was admitted to Treyton Oak Towers in Louisville for care following a disabling stroke left him with impaired mobility.  Upon admission, the staff at the nursing home conducted an assessment of Dr. Griffin's care needs and determined that required him to be transferred in-and-out of wheelchairs with the use of a lift and the assistance of two staff member.   

Ignoring the requirements of the care plan relating to safe transfer protocols, one staff member at Treyton Oak Towers apparently attempted to move the patient on their own from a wheelchair to his bed.  During the transfer process, the patient was seemingly dropped fracturing both of the patient's legs.  

Rather than seek immediate medical attention for the patient, staff at the facility elected to put Dr. Griffin into his bed--- as though the incident never occurred.

The fractures in the patient's legs went ignored--- and completely untreated until he was taken to a nearby hospital where tests confirmed the fractures.  Just months after after the incident the patient died from unknown causes. 

Cases like this make me proud to see that our civil justice system affords injured parties the opportunity to introduce evidence as to a parties culpability.  Further, as we can see from this case, jurors can quickly identify the critical issues in a case like this--- even when they need to weed through two weeks of testimony.

Related Nursing Homes Abuse Blog entries:

State Doesn't Buy Claim That Patient's Leg Spontaneously Broke

When Patient Safety Is An Afterthought, Employee Carelessness Frequently Results In Patient Injury

Turning & Repositioning By Nursing Home Staff Blamed For The Leg Fractures Of Patient

Family Awarded $546,000 In ManorCare Lawsuit

Patient Beaten To Death In Chicago Nursing Home

A patient at Chicagoland nursing home has died from a variety of head injuries sustained due to the brutality of another patient at facility.  According to reports from CBS 2, 80-year-old Anibel Calderon, was attacked by another patient in the dementia ward at Oak Park Helathcare Center some time during the day on Sunday. 

A nurse at Oak Park Healthcare Center found Mr. Calderon unconscious on Sunday evening.  He was then transferred to Rush University Medical Center for treatment of his closed head injuries.  

Despite the medical care, Mr. Calderon died yesterday morning.  An autopsy ruled the cause of death to be craniofacial injuries and blunt trauma from an assault.  

At this time authorities believe that this brutal act was perpetrated by another, younger patient at the Oak Park nursing home.

As a Chicago Nursing Home Lawyer, my thoughts-- first and foremost--- go out to this man's family.  I dearly hope that authorities conduct a thorough investigation into the circumstances behind this senseless act--- to determine why this incident occurred and to evaluate, what-- if anything--- could have been done to prevent this matter from occurring in the first place.

Particularly when nursing home patients with diminished capacity are involved, I have found that some facilities are slow to implement necessary precautions--- even when prior aggressive acts have taken place.  

From a civil liability standpoint, when facilities fail to properly interpret threats to their patients and make necessary accommodations, they certainly expose themselves to a potential lawsuit brought on behalf of the injured person.  

Related Nursing Homes Abuse Blog entries:

Is Assisted Living Facility To Blame For Murder Of Patient?

Nursing Homes Must Protect Patients From Violence Perpetrated By Other Patients

Elder Abuse: Violence Among Elderly Nursing Home Patients

Was Nurse's Need To Rush Through Job Responsibilites To Blame For Death Of Patient?

meal in nursing homeI've come to accept that the physical responsibilities placed upon nursing home staff are completely unrealistic.  The desire of management and administrators to maximize the individual productivity of nursing home workers may appear to be an admirable proposition on paper--- yet, fails when it comes to providing quality care for patients. 

While an assembly line approach to staffing can yield increased productivity in an industrial setting, the technique is inappropriate in situations where--- heaven forbid, more individualized care is required.  While I regularly hear from nursing home staff how overwhelming their superiors expectations are of them, it frankly can be difficult to accurately quantify how such working conditions impact the patients.

A recent episode of blatant nursing home neglect, reported by WCCO in Minneapolis caught my attention, for both the tragic outcome of the situation, but also because a closer review of the circumstances highlights the dangers situations of under-staffing at nursing homes. 

Recognizing that they were short-staffed one evening, officials at Adams Health Care Center called a night nurse in early to assist with the distribution of meals to patients.  After distributing a meal tray to an elderly man and positioning him in his bed, the nurse went about to distribute the remaining trays to other patients.  Unfortunately, in her haste to complete her responsibilities, the nurse failed to abide by specific instructions set forth in the patient's medical chart.

With a history of pneumonia and breathing difficulties, staff had identified the man as being a higher risk for choking and implemented the precautionary measures such as:

  • Verbally instructing the patient to swallow each bite two times
  • Instructing the patient to eat slowly and regularly clear his throat
  • Position the bed at a 90-degree angle while he was eating and lower to a 45-degree elevation following the meal to help with digestion

Shortly after the patient was left with his meal--- and without the safety protocols in place, he began coughing.  Shortly after nursing home staff were summoned to his assistance, his heart stopped.  An investigation into the incident concluded that the patient's death was related to his choking on food.

While an appropriate sanction is being considered by officials, this incident highlights the dangers posed to vulnerable nursing home patients when there is inadequate staffing levels in place at facilities to satisfy each patients care needs. 

As opposed to placing all responsibility for this episode of nursing home negligence on the back of the single employee who acted inappropriately, I hope that officials delve deeper into this incident and evaluate the number of staff members on duty at the time of this incident and the number of patients they were responsible for caring for.

Related Nursing Homes Abuse Blog Entries:

Class Action Lawsuit Alleges Golden Living Failed To Provide Adequate Staffing For Patients

Study Demonstrates Nursing Home Workers Earn Less Than Minimum Wage

Less Patients, Happier Staff, Healthier Patients. Research Shows Less May Actually Be More When It Comes To Patient Loads For Nurses

'Poor Judgment' To Blame For CNA's Failure To Implement Fall Precautions In Minnesota Nursing Home Death

Take This Job & Shove It! Disturbing Insights Concerning Working Conditions At Large Nursing Home Chain

When it comes to selecting a nursing home, assisted living facility --- or even a hospital, to care for a loved one, the selection process can be difficult because of the incredible array of information.  While there is no shortage of websites available that boast all sorts of information, I find much of it to have little value given the inherent biases of the source.  

If there ever is an appropriate source for getting valuable information about the inner workings of medical facility--- and what really happens behind closed doors, I would suggest that the one of the most valuable sources would be to get information from people who witness the type of care provided day-in and day-out --- the health care workers.

A colleague sent me a link to Glass Door, a site that provides information about salaries and working conditions at companies from current and former employees.  As a nursing home and medical malpractice lawyer, I of course was interested in hearing how employees at health care companies rated their employers.  

If there's a recurring theme from these reviews, it appears to be that many of these staff are: over-worked, under-paid and seemingly looking for a way out of their current position.

While I can't say that I'm shocked, the overwhelming number of employee reviews make these companies sound like miserable places to work--- and I'd bet that being a patient there can't be much better.

Below are some clips from employee reviews from popular nursing home and long-term-care operators.  You are welcome to review all the information provided, but I've clipped several employee reviews which seem to best summarize the conditions at these facilities.

Kindred Healthcare (2.7 out of 5 stars reviewed by 64 employees)

Kindred Healthcare Respiratory Therapist in Louisville, KY: (Current Employee)

“Back breaking work, and EXTREMELY stressful environment”

Pros

My co-workers,& patients' there, still need "someone" who cares and that will help them.

Cons

They say they go by patient accuity, but they don't. They cram as many patients' in as they can and sometimes 2 patients' to tiny rooms where beds aren't hardly 2 feet apart! They take anybody, whether the patient has been known to abuse staff and also many weighing over 300 pounds, which is hard on staff. It is all about money there!...

Advice to Senior Management

Need new management with education in managing people without being cold, and abusive.

Kindred Healthcare Anonymous in Huntsville, AL: (Current Employee)

“Unfavorable work environment and poor leadership”

Pros

Patients and my peers. Clicking out

Cons

Lack of communication, poor work environment, low morale. Favoritism. Overall a stressful work environment and no regard for the employees. Rating D-

Advice to Senior Management

Communication. Invest in your employees. Mgmnt training. Provide a decent work environment and tools to work with. Update outdated mundane tasks and join the 21st century.unto the 21

Kindred Healthcare Anonymous: (Current Employee)

“No support for workers”

2 of 2 people found this helpful

Pros

pay is pretty good for certain departments, facilities are close to where I live, when I started the facilities were very good with excellent staff so I enjoyed being there

Cons

Money is the bottom line for everything

Would rather hire new graduates because pay is lower than experienced people

Management in facilities does not care about staff

Promotions do not appear to be based on competence but rather who you know

Medical insurance is horrible

I watched as all of the experienced staff started quitting to go to other jobs, as staff continued to leave, new staff was hired, morale began to go down until it is now a revolving door of staff.

Advice to Senior Management

If you want to keep people, you need to value them. You need to be willing to keep experienced people even knowing their salaries may be higher than an inexperienced person, and quit making everything about the money. You say you value your staff but then repeatedly mandate people over and over and tell them if you don't like it, find another job. And they do find another job at some point.

Acknowledge when people are doing a good job

Manor Care (2.5 of 5 stars based upon employee reviews)

Manor Care Administrator: (Current Employee)

“Manorcare- Home of Mediocrity”

1 of 1 people found this helpful

Pros

They have some good clinical systems - they just dont give you the tools to actually do them. If you have a decent RDO it is bearable.

Cons

....Staffing is a problem. They don't cut nursing staffing in budgets - at least on paper. What they do is give impossible non nursing staffing numbers - 1 social worker for 150 patients, 4 people a day in a kitchen etc. then demand that you "find the hours" which means cut from nursing but can be denied later.

Manor Care Manager, Business Development: (Past Employee - 2010)

“Churn & Burn”

1 of 1 people found this helpful

Pros

Good training programs and attention to compliance issues.

Cons

Clinical and marketing operate in seperate silos- high turnover in the sales/marketing ranks.

Advice to Senior Management

Success requires a unique value proposition and consistent 'face' to build referral relationships.

Manor Care CNA in Libertyville, IL: (Past Employee - 2010)

“Not a suggested place to work as a CNA.”

1 of 1 people found this helpful

Pros

This employer has constant turnover with CNA positions so CNA positions are always open. Great orientation process-give each new CNA to their company a full 10 days of training.

Cons

Working short is a common part of their CNA jobs.

Advice to Senior Management

Listen to your employees more. CNA's are the backbone of your company, yet are treated poorly.

Sunrise Senior Living (2.9 out of 5 stars based on employee reviews)

Sunrise Senior Living Care Manager in Bloomfield Hills, MI: (Past Employee - 2010)

“Sunrise has a great concept but horrible execution!”

Pros

Working with the residents.

Gaining experience

nothing else I can think of

Cons

overworked

underpaid

sales pitch does not match the service provided

food in reminiscence is pretty bad

not sufficiently staffed

some staff incompetent but kept on because of favoritism

Advice to Senior Management

Audit visits should be made without prior announcements and incognito. All personnel gets warned about impending visits and encouraged to "look busy at all times".

Sunrise Senior Living Anonymous: (Current Employee)

“We have lost the serving leadership culture and that is hurting the business”

Pros

Great opportunity to work with seniors

Cons

Recent trend to throw away long term loyal great people is very sad.

Advice to Senior Management

Bring back the culture and not just talk the talk but walk the walk. Senior management you are missing the boat and our residents are paying the price everyday.

Sunrise Senior Living Care Manager in Omaha, NE: (Current Employee)

“Not a great place”

1 of 1 people found this helpful

Pros

Love of people. Working with Alzheimer residents.

Cons

poor management, mean people to work with (co-workers)

Advice to Senior Management

Follow through on complaints about other employees- Gain some actual structure in how the day to day operations should work- Don't have "bad" staff train new staff. Being a private facility shouldn't keep you from running a nursing home in the eyes of a public facility. There should be an actual manager ensuring that jobs are done properly by the staff and if someone isn't doing their job- let them go. Especially if they are running off the good staff.

Nursing Home Injury Laws: Louisiana

Number of nursing homes in Louisiana: 286

Patients living in Louisiana nursing homes: 25,617

Occupancy rates of Louisiana nursing homes: 71.4%

Average number of deficiencies at each Louisiana nursing home: 12.1

Percent of Louisiana nursing homes with serious deficiencies for actual harm to patient: 24.5%

Most common deficiencies at Louisiana nursing homes: Accident Environment, Comprehensive Care Plans,  Food Sanitation

Distribution of ownership of Louisiana nursing homes:  74% for profit, 18 % non profit, 6 % government

Most populated cities in Louisiana: New Orleans, Baton Rouge, Shreveport, Lafayette, Lake Charles

Staffing levels at Louisiana nursing homes (daily hours):Above average, 3.6 total staff,  1.5 licensed nurse

Visit Nursing Home Injury Laws to learn more about Louisiana nursing homes and your legal rights.

**Data based upon 2009 CMS data, U.S. Department of Health and Human Service

Nursing Home Negligence: Don't Always Point The Finger At The Staff

In many nursing home negligence cases it may be easy to point the finger at the person who was responsible for the direct care of the individual at the time they were injured.  

Assuming the situation involves an acute incident such as: a medication error or fall--- it is easy to look at the circumstance as an open and shut case of an isolated employee simply not performing their job properly.  However, a closer inspection of the circumstance typically yields a situation where responsibility goes much further up the chain of command.  

From a liability perspective, implicating the management or parent company can be a tactical decision--- particularly if the facility is claiming that they have limited --- or a complete absence of insurance coverage.  Litigation issues aside, it is important to understand that there's a correlation between the actual care provided by staff and how that is impacted by decisions made by management.

Just recently, I read about how an elderly patient at the Grand Rapids Home for Veterans fell from the corner of his bed and broke his neck after a recently hired staff member left him in that precarious position to retrieve equipment.  Given that the man suffered from a variety of maladies that made him particularly susceptible to falls, it would be easy to pin the blame for this incident on the individual staff member and move along.  

Poor judgment of the staff member aside, it turns out that the nurse involved in this incident was hired as a contract employee  as part of the VA's cost cutting measures. By reducing the number one operating expense- staffing-- the Veterans Nursing Home elected to cut staffing levels and hire contract nurses in lieu of higher paid, unionized staff that had historically been caring for patients at the facility.

The decision to use privatized staffing may not appear to be much of difference (and in fairness, may not have prevented the incident we discussed above from occurring in the first place) from a outward appearance.  However, when it comes to consistency in patient care and understanding the unique needs of each patient the change can be quite significant.  

As an attorney involved in nursing home litigation, I can attest to complications that can ensue when new staff are expected to care for fragile patients with complex conditions.  While it may be argued that the new staff could learn a great deal about each patient's needs by studying his or her chart--- expecting a staff member to do so is completely unrealistic when they may be responsible for caring for significant number of patients every shift.

Sadly, as long as the decision makers at nursing homes choose to ignore patient needs and trim staffing levels and pay to the lowest feasible levels, there can be little doubt that episodes of patients suffering significant injuries on the clock of inexperienced (and underpaid staff members) will continue.

Related Nursing Homes Abuse Blog Entries:

Nursing Home's Failure To Implement Fall Precautions Results In Death Of Patient

Nursing Home Spotlight: Alden Town Manor

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

Fall Leaves Veteran With Broken Neck In Illinois Nursing Home

Legal Blogs Offer Insight On Elder Abuse & Beyond

The proliferation of legal blogs has really taken hold on the legal community over the past several years. While there are indeed blogs written with little focus or insight on relevant legal issues clogging up the web.  However, I tend to see some of the more established attorney-bloggers generating some real quality content and offering some provoking insight.

Below are some of the best attorney-blogs that I have come across.  I strongly urge you to look at them both for their tpocial nature and for their real insight. 

1) South Carolina Nursing Home Blog by Ray Mullman of Polikoff & Associates

http://www.scnursinghomelaw.com/

One of the most diligent bloggers around, Ray does a tremendous job keeping us updated on the ongoings regarding nursing home abuse both in South Carolina as well as the rest of the country.

2) Legal Medicine 

http://legalmedicine.blogspot.com/ 

by Dan Frith and Lauren Ellerman of Frith & Ellerman Law Firm. Dan and Lauren are Virgina attorneys who do a tremendous job clearly explaining complex issues in medical malpractice and nursing home negligence cases.

3) Jere Beasley Report 

http://www.jerebeasleyreport.com/

Not many lawyers have an influential reputation like Jere Beasley-- nor could they pull off a blog with their name in the domain and get the type of volume that Jere does with his blog. In addition to nursing home abuse, Jere writes about mass torts, environmental disasters, recalled products and the latest news in the field of personal injury law.

4) Messa & Associates

http://www.minfirm.com/category/blog

http://www.messalaw.com/blog/

With offices in New Jersey and Philadelphia Joe Messa and John Mininno have incorporated a blog as an extension of their firm's websites that concentrates on negligence committed in a nursing home and hospital setting along with timely topics such as the DePuy hip recall.

5) Maryland Nursing Home Lawyer Blog

http://www.marylandnursinghomelawyerblog.com/

I always enjoy the thoughtful entries by the lawyers at Lebovitz & Mzhen concerning nursing home abuse in Maryland. Unlike some lawyer websites, Maryland Nursing Home Lawyer Blog does a great job providing information as opposed to just re-playing the news.

6) Bed Sore FAQ 

http://www.bedsorefaq.com

Ok, I may be somewhat biased, but we continually receive kind words regarding the content published on the Bed Sore FAQ website from both legal practitioners as well as family members searching for information regarding one of the most prominent examples of neglect in nursing homes and hospitals.

7) California Nursing Home Abuse Lawyer Blog

http://www.nursinghomeabuselawyerblog.com/

One of the more established nursing home abuse blogs around, The Walton Law Firm produces a consistently excellent blog concentrating on educating the publis regarding their legal rights when it comes to mistreatment in a nursing home.

8) Massachusetts Nursing Home Abuse Lawyer

http://www.nursinghomeabuse-lawyerma.com/

Bernard Hamill is a Masachusetts personal injury lawyer that concentrates in representing victims of nursing home abuse and neglect.

9) Pennsylvania Nursing Home Abuse Lawyer Blog

http://www.pennsylvanianursinghomeabuselawyerblog.com/

Michael O'Conner & Associates are lawyers in Pennsylvania that represent victims of nursing home abuse and neglect. Blog topics include: bed sores, neglect and under-staffing.

10) North Carolina Nursing Home Abuse Blog

http://www.lawmed.com/nursinghome/

Henson & Fuerst, well respected North Carolina Personal Injury Attorney, assemble an interesting array of topics relating to nursing home care. I particularly enjoy how the firm incorporates many stories not traditionally associated with nursing home abuse on their frequently updated blog.

11) Litigation & Trial

http://www.litigationandtrial.com

Maybe I'm saving the best for last? Max Kennerly of Philadelphia's Beasly Firm generates some of the most insightful legal commentary that I've ever come across.  You name the topic--- from legal advertising to complex injury litigation--- and Max not only has a provoking thought-- but explains the issue with such depth that you'll feel like you've just read a textbook!

Once Praised Nurse Finds Herself Behind Bars After Abusing Disabled Nursing Home Patient

A nurse's aid once deemed such a resource to the nursing home where she works that she was given the title 'nurse's aide of the year', now finds herself serving time in jail after a hidden camera caught her abusing a disabled patient at the facility.  A judge sentenced the CNA identified as Maria Karban to six months of jail-time after she was caught spraying body perfume in the face of a 78-year-old patient she was caring for.  

While situations such as this are especially alarming, this incident marked the second time that this particular patient was abused by staff at Cleveland's Prentiss Center for Skilled Nursing Care at Metrohealth.  Just earlier this month, another staff member at the Ohio Nursing Home was sentenced to 10 and one-half years for other acts of abuse.

The fact that this patient has been the victim of abuse at the hands of two staff members at this facility is simply inexcusable.  While the facility may have done some housekeeping in the form of dismissal of some employees and re-training of other, there certainly is more work to be done as long as episodes like this continue.

Related:

Caught On Tape: CNA Pleads Guilty To Abuse Of Elderly Nursing Home Patient

Despite Abuse, Family Fights To Keep Mom At Nursing Home

After Video Of Nursing Home Abuse, Attorney General Gets Involved

Jail Time For Nursing Home Workers Involved In Abuse Of Elderly

No Training Will Prevent Situations Involving Stupidity From Occurring At Some Nursing Homes

Recognizing that staff may lack training in certain areas essential to patient care, many nursing homes have begun to implement training programs at their facilities to help teach proper protocols-- and hopefully improve patient care.  While the training can be quite effective in terms of improving the satisfaction of patients and prevention of medical errors, no amount of training will suffice in order to prevent situations involving harm to patients stemming from a basic lack of common sense or carelessness.

I began thinking about how many common errors involving injuries to patients in nursing homes derive not from improper medical care-- but from an even more alarming situation--- when staff fail to utilize some of their basic sensible skills that they (hopefully) have accumulated over the course of their lives.  

After seeing a news blurb about the death of a patient at a California nursing home--- I truly wonder how some people not just obtained advanced degrees--- but made it past the fourth grade!

While I'm certain there are many, many, deaths at nursing homes every day, I strongly doubt that there many deaths as senseless as one involving the passing of an 81-year-old patient at Seton Medical Center who died from suffocation when a nurse tending to her left the cap on breathing tube that was placed into the woman's trachea.  

Following an investigation into the incident by the California Department of Public Health, the agency determined that at the time of the incident, the nursing home did not have a policy in effect for properly inserting the breathing tube--- commonly known as a 't-piece'. 

Policies are great when it comes to complex issues or discretionary acts, but remembering to remove the cap on a patient's breathing tube? Come on, if the staff member involved in this incident can't remember to remove the cap to a breathing tube, do we really want to given him / her another shot caring for disabled patients after they have had an opportunity to review a policy?

Related Nursing Homes Abuse Blog Entries:

What Good Is Medical Technology When It Is Not Used Properly?

Staff Must Be Diligent In Order To Avoid Clogged Breathing Tubes Amongst Nursing Home Patients

Failure To Clean Trach Tube Leads To Lawsuit

Nursing Home With History Of Problems Now Faces Wrongful Death Lawsuit Related To Poor Care of Patient With Tracheostomy Tube

Nursing Home Spotlight: Lexington Health Center; Bloomingdale, IL (Also Known As "Lexington of Bloomingdale")


                                           

The Lexington Heath Center in Bloomingdale, IL, is coming under well-deserved fire. The facility faces a $20,000 fine, along with a condemning report from the Illinois Health Department. The 262-page survey paints a truly grim picture of a home in crisis: residents suffering from stage IV bed sores for months at a time; residents sustaining multiple “suspicious” fractures and bruises...The list goes on and on.

What I found most appalling were the sheer number of incidents that occurred over a two-month period in 2010. If one were to construct a timeline of these suspicious incidents, it would look something like:
  • January 5, 2010 - A male resident sustains an unwitnessed fall, which results in a large laceration to his head. Two days later, he develops a bruised right arm.
  • January 28, 2010 - A female resident falls, and breaks her neck (usually an injury caused by considerable force).
  • February 12, 2010 - A male resident is found on the floor, with lacerations to his forehead and nose
  • February 16, 2010 - A male resident is seen with four severe pressure sores on his right foot. Nurses’ notes say the pressure sores were first observed on January 5.
Along with these unacceptable incidents, the home has a repeated history of:
  • Failing to perform basic daily and weekly checks on residents’ well-being
  • Serving residents unsanitary/out-of-date food
  • Routinely compromising patients’ privacy during genital care
  • Placing numerous residents in dangerous, inappropriately-fitted wheelchairs
Lexington of Bloomingdale is one of 10 Health Care Centers operated by the large company Lexington Health Network. If you think your loved one might be in danger as a result of improper care at a Lexington Health Center, we would be honored to speak with you. All of our initial consultations are free and confidential.

Related Nursing Homes Abuse Blog Entries:

Lexington Care Center Named as Defendant in Case Involving Multiple Falls

Nursing Home Spotlight: Lexington of Orland Park

Nursing Home Injury Laws: Kentucky

Number of nursing homes in Kentucky: 282

Patients living in Kentucky nursing homes: 22,990

Occupancy rates of Kentucky nursing homes: 90.0%

Average number of deficiencies at each Kentucky nursing home: 7.6

Percent of Kentucky nursing homes with serious deficiencies for actual harm to patient: 21.6%

Most common deficiencies at Kentucky nursing homes: Accident Environment, Food Sanitation, Professional Standards

Distribution of ownership of Kentucky nursing homes:  70% for profit,  27% non profit, 2 % government

Most populated cities in Kentucky: Louisville, Lexington, Owensboro, Bowling Green, Covington, Frankfort

Staffing levels at Kentucky nursing homes (daily hours): ): Above average,  4.1 total staff,  1.6 licensed nurse

Visit Nursing Home Injury Laws to learn more about Kentucky nursing homes and your legal rights.

**Data based upon 2009 CMS data, U.S. Department of Health and Human Service

Jurors Recognize The Sad Emblem Of Nursing Home Neglect: Pressure Sores

One of the more difficult social responsibilities that we have is serving on a jury.  In addition to the obvious inconvenience and time away from family and work responsibilities, jurors have the difficult task of determining who to believe in a situation where completely contradictory explanations of an incident are being offered.  

At most medical malpractice and personal injury trials, the party initiating the lawsuit (the plaintiff) is claiming they sustained an injury due to the conduct of the person that they are suing (the defendant)-- who generally denies all accusations of wrongdoing.

For a jury who may be hearing weeks worth of testimony from witnesses from both sides, the task of selecting the relevant information and applying it to the particular circumstance can be incredibly difficult--- particularly when both sides to a trial offer reasonable explanations for their positions.

A jury in Pennsylvania was able to sort through the differing opinions presenting in a trial involving the development of pressure sores during an admission to a nursing home.  The lawsuit was initiated by the family of a deceased woman who allegedly developed pressure sores during her admission to The Commons at Squirrel Hill.  In the face of arguments presented by the nursing home that the woman's pressure sores developed prior to her admission, the jury awarded the decedent's family $300,000 in damages.

Related:

$300,000 award set in Squirrel Hill bed-sores case Pittsburgh Tribune-Review January 31, 2012

Are bed sores acquired during a nursing home admission an indication of poor care?

ManorCare Named In Wrongful Death Lawsuit After Patient Develops Pressure Sores During Nursing Home Admission

Family Sues Illinois Nursing Home Over Relative's Death Related To Bed Sores & Infection

Family Resources To Assist With The Aging Process--- And Beyond

No one ever said that getting old was easy-- for the person--- or their family.  As we age, our physical and psychological needs change dramatically. Understanding these changes and providing for these needs is imperative for every person to live life to its fullest.

Even with the best care, the certainty of life's end is also something that we all must face.  Coming to terms with death and the accompanying issues in an important concept for the individual and family.

Below are some carefully selected resources that relate to senior health and the complex legal and emotional issues that come about at the end of life.

1) Mama’s Health 

http://www.MamasHealth.com

Mama’s Health provides tools that help educate people to lead healthier lives which makes people lead happier, more productive and lower stress lives.

2) The Health Care Blog

http://www.thehealthcareblog.com/the_health_care_blog/

All issues of healthcare are discussed by a multitude of authors. Topics range from the healthcare costs, family responsibility to patient safety.

3) Dementia Support Group

http://www.dailystrength.org/c/Dementia/support-group

A range of support groups to help those family members and caregivers of people with dementia. Discussions include support, treatments, discussions and life to life dealings.

4) Eldercare Expert Blog by Cheryl Mathieu, Ph.D., M.S.W.

http://www.agingpro.com/blog/

This blog helps teach caregivers and family how to know signs and symptoms of some of the elderly diseases and what to do if they are recognized. Cheryl shares ideas and ways to work with/for the elderly.

5) Retirement Living Sourcebook 

http://www.retirement-living.com/

A resource to help those in the Washington D.C. and surrounding area know, compare and contrast all the retirement, assisted living and nursing homes. Also allows those in the community become actively involved in the retirement/elderly community.

6) Ask Liza: Everyday Estate Planning by Liza Weiman Hanks

http://www.estateplanninglawblawg.com/

Liza gives information on how to go about writing and using wills, trusts, powers of attorney, living wills, estate taxes and probate court. It is an online resource to help people navigate the legalities of this sort of planning. 

7) Wills, Trusts, and Estates Prof Blog by Gerry Beyer

http://lawprofessors.typepad.com/trusts_estates_prof/

This teaches families and the elderly population how to plan their finances. It shows all aspects of wills, trusts and estate planning. 

8) Seniors for Living 

http://www.seniorsforliving.com/blog/

Discussions range from funding assisted living, independent living, alzheimers care, continuing care, retirement living and home care. It assists family members in choosing what is appropriate for their loved ones.

9) The Q Family Adventures Travel Blog by the Q family

http://www.theqfamilyadventures.com/

This is the real life travels and vacations of a suburban Atlanta family. It gives helpful advice, strategies and stories of travel with families and spouses. 

Gentle Massages Help Seniors Feel Less Pain; More Connected: Techniques You Can Learn To Calm Your Loved One


                                      

[Photo Caption: Giving your loved one a simple hand massage can brighten his or her day.]

As a lawyer who makes frequent nursing home visits, I’m still amazed by the impersonality of it all - the blipping machines; the scary tubes; the bland, institutionalized food. I’ve always felt a profound sense of isolation during these visits - a fraction of what nursing home patients must feel on a daily basis.

While medicine and machines might not go away anytime soon, I’m encouraged by the growth of another, more gentle, healing modality: massage for seniors.

In a recent Chicago Tribune article, called “Thriving Through Touch,” several massage experts say seniors experience dramatic emotional boosts from massage.

“We know that just the touching of a person to another person, just the warmness, creates a sense of calmness and security,” said Tara Cortes, executive director of the Hartford Institute for Geriatric Nursing at New York University.

Massage also helps seniors get physically stronger: touch stimulates special receptors under the skin, which reduces the stress hormone cortisol.

But best of all is the fact that massage can be safely administered by loved ones, in an atmosphere of trust and caring. With just a bit of patience and learning, family members can master basic skills.  

Sharon Pusczko, owner of the Day-Break Geriatric Massage Insitute in Indianapolis, offers the following beginning exercises for family members:

  • Arms: Wrap both of your hands around your loved one’s wrist, and gently compress and release. Slowly work your way up the arm with the same gentle motion, always keeping in mind to massage toward the heart.
  • Hands: Using your thumbs, massage the palms with circular strokers. Try working your way up each finger with the same squeeze-and-release motion. Take care not to massage the top of the hand, as that skin’s particularly thin.
  • Feet: Again using your thumbs, massage the soles of the feet in an outward circular motion. This movement helps loosen up connective tissue.
  • Back and shoulders: Have your loved one sit on a chair. Gently place your palm on your loved one’s sacrum area at the base of the spine. Make circles on the muscles on either side of the spine, being careful not to massage any bone.


The article reminds family members to check with doctors before attempting any massage. Some medications, like blood thinners, might make skin bruise more easily.

Resources:

Hand Massage Enhances Nursing Home Residents’ Comfort and Satisfaction With Care March 24, 2009 Massage Magazine

About Jonathan Rosenfeld

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

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

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