Rather Than Improve Poorly Performing Nursing Homes, Why Not Just Re-Categorize Them?

Last fall, we discussed the problems state inspectors found at Emeritus at Crossing Pointe, a Florida nursing home, that posed an immediate threat to resident safety.  During an inspection at the nursing home, inspectors discovered:

  • 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 living conditions were so poor that Florida officials banned the facility from accepting new patients.

Now, it seems Emeritus officials have officially thrown in the towel at this facility.  After months of attempting to improve the living conditions at the facility, Emeritus officials have elected not to re-new the facilities nursing home license.  Now, the skilled nursing facility will transition to a 'senior housing' facility. 

Although the change in facility designation may seem like a minor change, the reality is that the change in designation of the type of facility is significant from a regulatory standpoint.  As a senior living facility, the facility will no longer be subject to any of the regulation imposed by the state of Florida on nursing homes such as inspections.

No word yet as to whether the Emeritus Corporation will retain control over the facility as it transitions to a less structured care environment. 

As a nursing home lawyer, I continually see poorly performing facilities attempt to re-name, re-organize and re-categorize themselves as problems arise.  In some cases, the re-vitalization of the facility provides a fresh start.  Unfortunately, most situations involving freshening up sub-par facilities simply means a change in window dressing.  Too often, I see these re-newed facilities continue with the pattern of poor care that got them in trouble originally. 

Consequently, it is important for families to learn as much as they can about nursing homes and assisted living facilities before placing a loved one there.  In addition to researching the corporation itself, it is important to ask direct questions to administrative staff regarding the history of the facility.

Read more about this Florida nursing home here.

Related Nursing Homes Abuse Blog Entries:

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

Another Iowa Assisted Living Facility Chooses To Abandon Its License

Pesky Government Regulations No Problem For Assisted Living Facility In Iowa

Now That We Rate Nursing Homes, Is It Time To Rate Other Adult-Care Facilities?

What causes bed sores?

Wait A While & Bad Nurses May Just Migrate To Your State To Care For Your Loved One

Loopholes in a reciprocity program amongst 24 states that allows nurses from one state to transfer to another may be putting a tremendous number of nursing home and hospital patients at risk for receiving poor care-- or perhaps more accurately downright dangerous care.

A recent USA Today article "Bad nurses able to keep working in other states" highlights the problems associated with the lack of a national database to keep track of nurses with blemishes on their records.  The article chronicles how some nurses legally obtain work in one state when they may have been disciplined for poor care in another.

The 24-state pact was originally intended help under-utilized areas of the county get the nurses when they need them--- without the nurses having to obtain licensing from the state board.  However, it seems like the dangers associated with states almost blindly allowing nurses to transfer into their state are alarming. 

In particular, there are multiple episodes where nurses have admitted and/or been disciplined in the following circumstances:

  • Stealing patients medicine
  • Medication errors
  • Providing negligent medical care
  • Neglected patient needs
  • Physically abusing patients
  • Failing to register as a convicted sex offender

Certainly, after reading this article, you will likely be left with a similar impression to myself that there needs to be a national tracking system for nurses and all health professionals who may have reciprocity rights that allow them to transfer from one state to another. 

However, until such a system is put into place, I firmly believe it is the responsibility of individual facilities (and staffing agencies) to provide qualified staff at their facilities to assure proper care and patient safety.  In my opinion, these responsibilities are non-delegable and when a facility fails to uphold their end of the bargain and a patient suffers harm they certainly expose themselves to civil responsibility.

Related Nursing Homes Abuse Blog Entries:

Temp Workers Becoming An Increasing Threat To Nursing Home Patients' Safety

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

'Significant Medication Errors' Discovered In Nursing Home Following Investigation Related To Patient Injury & Death

Why Would Anyone Want To Work In A Nursing Home?

Elder Abuse Is Widespread, Yet Only 4% of All Cases Get Reported To Authorities

I had to do a re-read of a recent article appearing in the Tennessean.com regarding the prevalence of elder abuse-- or perhaps more accurately the prevalence of un-reported elder abuse in Tennessee.  The article cites a report from The Tennessee Commission on Aging and Disability that estimate just 1 out of 23 cases of elder abuse get reported to authorities.

While there may be a number of reasons why elder abuse goes unreported, a primary reason the article points to is the fact that most elder abuse is perpetrated by caregivers who control the individuals access to the outside world-- and hence their ability to report the abusive situation to authorities and/or allow others to notice the abuse and report it to authorities.

Importantly, the article also points out that there are varying types of elder abuse aside from flat out assault or battery of an elder.  Other types of abuse such as intentional isolation or neglect are common situations encountered by the elderly reliant on a facility or caregiver for their daily living needs.

Similarly, many elders are frightened to report abusive situations involving caregivers because they fear they may be retaliated upon for coming forward with the abuse.

Hopefully, articles such as this will direct more attention to this important issue.  Too often, I see well-meaning caregivers and families living in denial with respect to the fact that their loved one is as risk for abuse or neglect.

Hopefully, articles such as this will provide a needed wake-up call for families and caregivers and perhaps cause them to be more aware of potentially abusive situations.  Common indicators of elder abuse include:

  • Unknown bruising / fractured bones
  • Sudden change in behavior
  • Change in sleeping patterns
  • Withdrawal
  • Large withdrawals from financial accounts
  • Dirty living conditions
  • Bed sores

As I have been witness, when authorities are contacted as soon after a suspected incident as possible, they are most likely to be successful in determining the abusive perpetrators.  Unfortunately, as times goes on, memories fade and valuable evidence has a way of disappearing. 

Related:

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

Elder Abuse: Why Bruises Can Be Tell-Tale Signs Of Poor Care

6 Most Common Causes Of Bed Sores & How Caregivers Can Help

The Real Devastation Associated With Sex Abuse In Nursing Home Will Never Be Known As Most Acts Go Un-reported & Un-prosecuted

Nursing Home Injury Laws Establishes Itself As A Trusted Resource For Families Seeking Information Regarding Their Legal Rights

Since its inception, Nursing Home Injury Laws has become a trusted resource for caregivers and families seeking reliable information in a time of need.  Nursing home injury laws provides a comprehensive compilation of state-by-state nursing home contacts, a glossary for common legal terms, resources and legal information should the need arise.

In addition to important links to important developments within each state, Nursing Home Injury Laws provides has important information on the following commonly encountered nursing home injuries:

Continue to check out Nursing Home Injury Laws on a regular basis as more information continually gets added.

Children In Day Care Are Susceptible To Many Of The Same Problems Our Elderly Nursing Home Patients Encounter

Despite differences in the number of candles on their birthday cake, children and the elderly have far more similarities than differences.  Our eldest and most junior members of society are particularly susceptible to abuse and mistreatment due to negligent or suspect care provided by caregivers.  

As a personal injury lawyer, I have been fortunate to represent children who have suffered an injury in a day care setting due to the negligent or abusive actions of a caregiver and can attest to the fact that many of the same underlying principals that result in nursing home injuries similarly result in mistreatment or injuries in a day care setting: poor training, under-staffing, desire of management to maximize profits over quality of care.

Perhaps due to the fact that I am a proud father of a toddler boy, I feel like I can sincerely appreciate the frustration and --- downright anger-- parents experience when their child is mistreated at a day care center.

Over the next few weeks, I plan on discussing more about day care center liability, as I believe children-- like their elderly counterparts-- deserve a voice of advocacy.

 Related:

 

Children In Nursing Homes: Truly The Most Vulnerable

Many families are forced to institutionalize their disabled children in nursing homes because of many states don’t have the resources to pay for in-home care. This puts parents in the difficult position of funding expensive home care on their own or having their child live in a nursing home, surrounded by elderly adults, and many families simply cannot afford the cost of in-home care workers and nurses. The Centers for Medicare and Medicaid Services estimates that about 4,000 children live in nursing homes in the U.S. and that number is steadily growing as health care resources are increasingly spread thin.

Thousands of children with disabilities end up living in nursing homes because of insufficient coverage for in-home care by state governments and a shortage of skilled home care workers. In 2000, the Centers for Medicaid and Medicare Services estimated that 4,886 children lived in nursing homes; of these children, 1,222 suffered from mental retardation or a developmental disability. 

Medicaid guarantees long-term care for all people with disabilities, including children. However, many disabled children, who would be adequately served by proper in-home care, end up in nursing homes despite higher costs for nursing home care than in-home care. 

The University of Minnesota Research and Training Center on Community Living reported that home and community care cost about $26,000 per year while the state of Georgia spends about $81,000 per year on each patient in nursing homes. Although some federal and some state funding has been increased to help remove disabled children from facilities with four or more disabled persons (congregate settings), the number of institutionalized children has remained largely unchanged. 

Many disabled children end up in nursing homes because of insufficient state resources. About 93,000 special needs people are on waiting lists for home and community based services. However, there are not enough skilled nurses, therapists, and home health care workers to support the people who most need their help. In many cases, the family’s private insurance won’t cover the cost of medical equipment, and in-home nursing and therapy. This leaves many families with only one choice, nursing home care. 

Most nursing home care is focused on older adults because elderly residents constitute the majority of the resident population. As expected, treatment and health concerns differ for older adults and children. Also, children often spend more years living in nursing homes than the elderly adults they are surrounded by because of the age difference. This means more years spent living in a nursing home, away from their family, usually costing Medicare more money than if the child were able to live at home receiving in-home support services. 

However, until states step up funding to improve in-home care resources, these children will remain stuck in nursing homes, hardly a suitable environment for most children, especially when their families would prefer them to be living at home. 

Nursing Homes, Group Homes & Day Care Facilities Responsibility To Care For Children

The foreign environment of a nursing-home-world created for adults, leaves many children at risk for abuse and mistreatment at the hands of caregivers and other patients.  I have successfully prosecuted cases on behalf of many of these children and young-adults in the following types of cases:

Working side-by-side with some of the most respected authorities on the long-term effects of abuse on young people, we have successfully secured money to provide for the future.  Many of the sexual abuse and molestation cases we work on can be resolved prior to the filing of a lawsuit, in a confidential manner-- with minimal impact on the individual. 

If you believe a young person suffered from an injury, abuse or neglect in a nursing home, foster home, day care, group home or any other structured setting, we would honor the opportunity to speak with you.  As always our services are free if we do not recover on your behalf. (888) 424-5757

Resources:

Medical News Today: Wall Street Journal Examines Nursing Home Care for Children with Disabilities

VirginiaSpecialNeeds.com: Thousands of Children with Special Needs Are Living in Nursing Homes 

Research and Training Center on Community Living: Number of Children in Nursing Homes 2002

Wall Street Journal: Babes Among Elders, Nursing-Home Kids

Related Nursing Homes Abuse Blog Entries:

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

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

Nursing Home Injury Laws

In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing.  In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws.  Nursing Home Injury Laws, provides every states':

  • Nursing Home Laws
  • Medical Malpractice Laws
  • State Resources
  • Applicable State Code

Additionally, we will be posting regular updates regarding important developments relevant to nursing home care within each state.  Here is a link to Nursing Home Injury Laws.

"Home Care Nursing" Doesn't Mean "No Care Nursing"

As the number of older adults increases, families are faced with the question of where their parents and grandparents will receive the best care. 

The answer for many families is to keep their family members at home. Many older adults who live at home require home health services, home nursing services, and in-home support services in order to maintain a high quality of life. 

Although home care nursing affords seniors more flexibility, the lack of a structured setting makes them particularly susceptible to elder abuse, neglect, and financial exploitation-- especially at the hands of unqualified or dangerous in-home caregivers. 

About 7.5 million individuals receive long-term care at home because of an acute illness, long-term health condition, permanent disability, or terminal illness according to the American Association for Long-Term Care Insurance. This is significantly more than the 1.5 million individuals in nursing homes and 1.1 million individuals in assisted living facilities who receive similar care for the same types of conditions. 

In order to protect individuals who receive health services at home, some states such Illinois, have passed laws to protect seniors who receive care in their homes.  Illinois' Home Health, Home Services, and Home Nursing Agency Licensing Act (210 ILCS 55) ensures that people who receive home health services, home nursing services and in-home support services at their residence are granted consumer protection and quality care. The Act establishes and enforces standards for services and care. 

In addition, all home nursing agencies must be licensed by the Illinois Department of Public Health as one or more of the following entities: home health, home nursing, and home services agencies. One requirement for licensure is compliance with the requirements of the Health Care Worker Background Check Act (225 ILCS 46), which helps protect frail and disabled citizens through a criminal background check of health care workers. A licensee of an agency that violates of the Home Health Licensing Act may be subject to penalties or fines of $100 per day starting on the date of the violation and ending on the date the violation is corrected. 

No doubt about it, legislation applicable to home nursing certainly provides a foundation for patient safety.  Nonetheless, as the demand for home nursing continues to grow, many companies that provide home nursing care will cut corners with respect to screening and training their workers in order to satisfy the demand.

If your loved one has suffered an injury or abuse at the hands of a home care worker, you should immediately report the situation to law enforcement.  Many of these tragic situations give rise to civil lawsuits against these home care agencies.  As always, you can talk candidly with our lawyers about your legal options for free.  Only if we are successful recovering money on your behalf, will we accept a fee. (888) 424-5757

Sources:

Illinois General Assembly: 210 ILCS 55 Home Health, Home Services, and Home Nursing Agency Licensing Act

Illinois General Assembly: Administrative Code, Part 245 Home Health, Home Services and Home Nursing Agency Code

Illinois General Assembly: 210 ILCS 46 Health Care Worker Background Check Act

Medical News Today: New Study Reports Three Times More People Receiving Health Care Support at Home Rather Than in Nursing Homes or Assisted-Living Facilities

Now That We Rate Nursing Homes, Is It Time To Rate Other Adult-Care Facilities?

Families looking for facilities to care for their loved ones in North Carolina may begin having an easier time selecting an adequate adult day care or assisted living facility after the state implements a new rating system.  Similar to the well-publicized Medicare-rating system for nursing homes, North Carolina will rate assisted living centers and adult group homes on a four star system.

Unlike a current three-star system currently in place, the four-star system is intended to more accurately categorize facilities according to the quality of the care they provide.  Additionally, the newer rating system is intended to penalize facilities for providing inadequate care for stemming from problems such as medication errors and patient wandering.

Not surprisingly, some industry groups believe the new rating system may not provide a complete picture of each facility.  In this respect, I could not agree more.  No rating system-- no matter how well conceived-- can take the place of an in person visits (and preferably visits).  

Nonetheless, I certainly am a fan of any system that can help families with the difficult decision of what facility to select for a loved one.  As a lawyer who handles cases involving abuse and neglect in a group home setting, I wish other states would implement more intensive regulations of these facilities to protect our elderly population.

Read more about the new rating system for group homes here.

Related:

Are Group Homes A Viable Alternative To Nursing Homes?

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

What Is It Like To Live In A 1-Starred Nursing Home?

One year after the implementation of the Medicare nursing home rating system, where do we stand?

Steps To Take When Filing A Nursing Home Complaint With A State Agency

In cases involving nursing home abuse and neglect, filing a complaint with a state agency regarding the incident can be incredibly important with respect to getting answers about how an incident occurred and securing valuable information should the matter be litigated in the future.

John Kormanik who produces an excellent Nursing Home Abuse Advocate Blog, recently made some extremely useful suggestions before initiating the complaint with your state agency.  Here are John's suggestions:

  • Provider / Facility Name and City
  • Name of Patient/Resident
  • Detailed Statement of Care Provided And Any Negative Outcomes
  • Names of Witnesses
  • Your Name and Contact Information; unless you wish to remain anonymous.

Of course, if I may add my own two cents, I would add the follow:

Report the incident as soon as feasible

Reporting an incident as soon after it occurs provides investigators with the best opportunity to access records, witnesses and staff with knowledge.  In many circumstances, facilities have such high staff turnover that, a witness to an incident may be long gone-- within months of an incident.

Be as succinct at possible

After fielding calls all day, do you really think the men and women on the other end of the line want to hear all the details of your favorite sushi restaurant or how Grandma Sue is a huge Cubs Fan?  

Seriously, report the information that is relevant to the event and stop.  Too much information will just detract from the seriousness of your complaint.

Above all, I strongly encourage people to report all situations involving questionable care or injury to your state's department of public health or ombudsmen program.  

Related:

How can nursing home ombudsmen help with problems encountered in a long-term care facility?

Nursing Home Watchdogs: Ombudsmen

Where To Report Elder Abuse

Ombudsmen In Nursing Homes

Court Date Set In Illinois Elder Neglect Case

Will County, Illinois Judge Amy-Bertani-Tomczak has set a December 2nd court date for two sisters facing criminal neglect charges relating to the care of their mother.  Prosecutors brought the charges against Bernice Brandon and Elizabeth Williams after a medical examiner determined that their neglect contributed to the death of their mother, Hattie Smith.

According to court documents, the pathologist determined Ms. Smith never received adequate medical treatment for health problems such as bed sores.  "The defendant failed to take Hattie Smith to the doctor or arrange for medical treatment, and such neglect resulted in the death of Hattie Smith." 

Williams remains on the run at this time.  A judge has issued a $25,000 warrant for her arrest. 

Read more about this case of elder neglect here.

Related:

Home Nurse Who Failed To Get Medical Attention For Patient With Severe Bed Sore Now Faces Criminal Charges

Illinois Elder Abuse Trial To Help Define Standard Of Care

Elder Abuse By Home Aides On The Rise

 

 

Inspection Report Confirms Unsanity Living Conditions In Florida Nursing Home

State investigators have set an October 25th deadline for the Englewood Health Care center to correct conditions deemed to be unsanitary.  During a recent inspection, investigators found mold and leaking water in several patient rooms.  These unsanitary conditions were particularly bothersome to inspectors due to the fact that a substantial portion of the nursing home patients suffered from 'respiratory illness".

 

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

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

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

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

Resources:

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

Just Do It. Photograph Everything, Nursing Homes Abuse Blog

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

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

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

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

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

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

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

Assisted Living Centers vs. Nursing Homes

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

Resources:

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

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

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

 

A First-Hand Account Of Neglect At Kindred Los Angeles

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

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

 Resource:

California Department of Health Inspection / Complaints for Kindred Los Angeles

Related Nursing Homes Abuse Blog Entries

State Inspectors Find Safety Violations In Indiana Nursing Home

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

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

California Nursing Homes Hit With Hefty Fines

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

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

$100,000 Fine

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

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

$80,000 Fine

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

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

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

Nursing Homes Abuse Blog Entries Related To Fines

Judge Limits Fines For Poor Nursing Home Care

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

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

A New Resource For Bed Sores: BedSoreFAQ.com

I am proud to announce the latest spinnoff of the Nursing Homes Abuse Blog--- BedSoreFaq.com. Bed Sores are a horrendous condition that effect people in all demographics.  If you haven't seen a bed sore first hand--and I truly hope you never do--- BedSoreFaq will have photos, videos and diagrams of this gruesome medical condition.  

Most importantly, this site will bring needed attention to this condion. The more information individuals have about this topic-- the better prepared they will be to help themselves and their loved ones.

BedSoreFaq is a resource for those who have questions regarding bed sore prevention, treatment ---and ultimately legal rights of those who developed a bed sore due to the neglect of a nursing home or hospital.

Questions will be answered in an ethical and conscientious manner by myself as well as some of leading experts in the field of wound care and prevention.  Please check-in and watch this collection of material grow.  I invite you to submit questions and photos of loved ones who have suffered.

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

An aging nursing population, the growing need for nursing services and an insufficient number of facilities to train new nurses are coming together to create a 'nursing crisis', according to a recent article in The Iowa Independent.  The congruence of factors will lead to dramatic shortages of nurses both in Iowa and on a national basis.  

The American Health Care Association estimates the the nursing shortage will explode in coming years.  Among the nursing shortage numbers predicted by the AHCA include:

  • July, 2009: 116,000 vacant nursing positions in hospitals and 19,000 vacant nursing positions in long-term care facilities.
  • 2010: 275,000 vacant nursing positions
  • 2020: an anticipated shortage of more than 1 million nurses in hospitals and long-term care settings

The shortage of qualified nursing educators is the crux of the issue according to Dr. Rita A. Frantz, of the University of Iowa College of Nursing.  "We have a national shortage of nurse faculty as well as a shortage of practicing nurses.  The two are intricately intertwined.  That is, without the appropriate number of nurse faculty, we can't admit all the qualified applicants to our nursing programs."

Unfortunately, the number of nurses in teaching positions is also expected to decline at a time when they are needed the most.  At the University of Iowa, the average age of the nursing faculty is 56 years-old, and the average age of professors at the school is 59.  "We're going to have large numbers of them leaving the academic environment to retire in a fairly short period of time," according to Frantz.

The final factor coming into play is the aging population and the inherent nursing demands placed upon it.  Along with the increase in aging population comes a larger proportion of the population turning to public health coverage to pay for their care.  In the case of Medicare or Medicaid, the reimbursement rates offered for many services do not cover the facilities expenses. How do facilities cope?  The only way they can, by keeping nursing staff to a bare minimum.

The article does not specifically address the nursing shortage in nursing homes or other long-term settings--in these situations the nursing shortage is likely even more dire as many nursing facilities pay substantially less and demand longer hours than hospital based nursing.  Read more about the looming 'nursing crisis' here.

Under-Staffing In Nursing Homes

Nurse shortages in nursing homes are believed to be a primary factor related to poor patient care. Although, federal regulations stipulate to minimum staffing levels, many of these requirements are insufficient for residents who may require substantial help for daily living needs.  Under-staffing in nursing homes is routinely blamed for: falls, medication errors, bed sores, elopement and general neglect.

Many nursing home experts believe the the number one predictor of patient care is the number of hours spent by staff tending to residents needs per day.  A great resource to find this information is the Medicare compare website where you can see how facilities rate in this area. 

There is no current federal standard for the ideal nursing home staffing levels in all facilities. Nonetheless, federal laws do require nursing home must have at least one RN for at least 8 straight hours a day, 7 days a week, and either an RN or LPN/LVN on duty 24 hours per day. Individual states may have additional staffing requirements.

Resources

U.S. healthcare system pinched by nursing shortage, Reuters.com, March 8, 2009

Nursing home 'understaffed' death results: damages awarded.(Nursing Law Case of the Month), Encyclopedia.com, June 1, 2005

Medical Examiner Rules Tennessee Nursing Home Death A Homicide

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

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

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

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

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

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

Read more about the medical examiner's finding here.

View The Final Autopsy Report 

Related Nursing Homes Abuse Blog Posts

Damages

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

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

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

Illinois Elder Abuse Trial To Help Define Standard Of Care

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

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

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

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

Web Resource:

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

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A Reminder Of What Constitutes Nursing Home Neglect

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

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

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

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

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

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

 

Related Nursing Homes Abuse Blog Posts On Nursing Home Burns

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

Unsupervised Nursing Home Resident Dies From Burns

Burns In Nursing Homes

Web Resources For Burn Victims

American Burn Association

Alisa Ann Ruch Burn Foundation

What Is Elder Abuse?

Though commonly used, 'elder abuse' really means a variety of harm to an older person.  The Administration on Aging defines elder abuse as "the intentional or negligent act by a family member or caregiver that causes harm or serious risk of harm to an older adult."

Elder abuse encompasses:

  • Physical abuse is inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
  • Sexual abuse is the infliction of non-consensual sexual contact of any kind.
  • Emotional or psychological abuse is the infliction of mental or emotional anguish or distress on an elder person through verbal or nonverbal acts.
  • Financial or material exploitation is the illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
  • Neglect is the refusal or failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Self-neglect is characterized as the behavior of an elderly person that threatens his/her own health or safety.
  • Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.

Source:

Department of Health & Human Services, Administration on Aging

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

A case case of horrific nursing home neglect (perhaps more accurately nursing home abuse) has been reported in New Mexico.  The owner of an Albuquerque Nursing Home, has been found guilty of in the death of resident who was left sitting on top of a bedpan for more than 24-hours. 

The incident occurred on Christmas day, 2005, when the owner of the facility placed the bedpan under 76-year-old Richard Gerhardt and disappeared.  Gerhardt was bed-bound at the time because he was recovering from a broken hip.  By the time the incident had been discovered, the bedpan had become embedded in Gerhardt's skin.  An open wound soon developed and became infected that ultimately led to his death five days later.

The nursing home faces a possible $5,000 fine and/or loss of federal funding (Medicare).  “Nursing home[s] and care facilities are paid to provide round the clock care to those who cannot care for themselves… Protecting this population is of paramount importance to the New Mexico attorney general and similar violations will be prosecuted vigorously,” said Elizabeth Staley, director of the New Mexico attorney general Elder Abuse and Medicaid Fraud Division.  Read more about this incident involving the death of nursing home resident here.

Sentencing for the case is set for March 13.

Related Article

Nursing Home Owner Convicted in Bedpan Death
2009-02-22 05:40:37 (GMT) (WiredPRNews.com - Law, News)

Dehydration Leads To Lawsuit Against Minnesota Nursing Home

Just 20 days after entering the Golden Living Center, 71-year-old Dean Cole lost 20 pounds due to malnutrition and dehydration.  According to Mark Wandersee of the Eldercare Rights Alliance, the nursing home staff is to blame for his rapid deterioration. "He wasn't getting the care he needed for food and water," said Wandersee.

A wrongful death lawsuit was filed against the nursing home alleging Cole's dehydration caused kidney failure and brain damage and ultimately his death.

Notes in Cole's medical chart verify that the nursing home staff was aware he was not eating.  The nursing home staff wrote:

  • Resident picks at food
  • Needed to be fed for supper
  • Not eating well
  • Resident refusing to eat

Despite the multiple notations of Cole's inability to eat while unsupervised, his records indicate that he ate the majority of his meals when engaged in mealtime conversation with nurses.  My guess is that this nursing home was seriously understaffed to care for residents such as Mr. Cole.

Here is a video of the news story related to this episode of dehydration and malnutrition.

It's Cold Out. Do You Know Where Your Nursing Home Resident Is?

Another completely preventable nursing home death recently made the headlines as reported in STLtoday.  Employees at the Northgate Park Nursing Home left 95-year-old Fannie Mae Rooks in her wheelchair in an outdoor smoking area at the facility last week. Rooks reportedly died from exposure to the elements as she sat unattended in the cold weather.  Local police investigators are trying to determine how Ms. Rooks made her way into the smoking area and how nursing home employees failed to keep track of her whereabouts.  

Once again, I am amazed how nursing homes continually fail to provide even the most basic level of care to their residents.  In this case, it is likely several nursing home employees were in a position where they should have seen this elderly lady sitting outside and brought her safety.  Until nursing home owners are held responsible for the preventable injuries and deaths of their residents, situations involving nursing home neglect will continue to be an ongoing problem facing nursing home residents.

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

The Chicago Tribune reported that Morris Lee Brinkley, a 73-year-old home care nurse, has had her nursing license suspended.  According to Illinois Department of Financial and Professional Regulation, Ms. Brinkley's nursing license was suspended for, "failing to adequately treat bedsores and other signs of neglect on a 13 year-old home health care patient who subsequently died and for failure to report suspected child abuse or neglect as required by the Abused and Neglect Child Reporting Act."  

The 13-year-old boy the Department of Professional Regulation is referring to is Jaylen Brown.  Due to cerebral palsy, mental retardation and severe scoliosis, Jaylen relied on his home care nurses for all of his daily living needs.  

The nurses did not do their job.  In March, Jaylen's mother brought him to  the University of Chicago's Comer Children's Hospital with dangerous medical conditions.  According to reports, Jaylen was presented to the hospital he had pressure ulcers on his shoulder, ear, legs and hand.  A pressure ulcer on his back had advanced so far, that the his bones were visible.  In May, 2008 Jaylen died from sepsis.  His death has been ruled a homicide.

Home health care nurses are commonly used to provide medical treatment to home-bound people of all ages.  In addition to providing medical treatment, home care professionals must report instances of suspected abuse or neglect back to authorities.  Amazingly, Morris Brinkley had more than 20 year nursing experience.

Emergency Room Doctors Reporting Incidents Of Nursing Home Neglect

In Washington D.C. emergency room physicians are are reporting nursing home neglect to authorities in increasing numbers.   Nursing home residents are being presented to Washington D.C. emergency rooms with preventable medical conditions such as dehydration, malnutrition and unattended wound care.   Consequently, the physicians are taking on an additional role as nursing home ombudsmen as they report their finding to authorities.

Reporting incidents of nursing home abuse and neglect to authorities is probably not what most emergency room physicians intended their jobs to be like.  However, the reports from physicians to authorities is essential to the safety of the overall nursing home population.  Nonetheless, what makes this report so disappointing is the fact that these nursing home residents are receiving life-saving medical treatment for conditions that are preventable.  As with most nursing home care, attending to the basic life needs of nursing home residents frequently prevents many medical complications.  Read the full story about physicians reporting nursing home neglect here.

Cook County Nursing Home Pleads Guilty To Gross Neglect Charges

Forest Park LLC, the corporate owners of Pavilion of Forest Park nursing home have plead guilty to felony gross neglect charges that stem from the death of a long-term resident.   The guilty plea follows a 2005 grand jury indictment of Forest Park LLC and Jason Garti, the medical director and wound-care physician of the nursing home.

Specifically the criminal charges related to Shirley Massey, 48, who died from pressure sore complications after a four month stay at Pavilion of Forest Park.  Massey was taken to Loyola Hospital in Maywood, IL where she was diagnosed with severe bed sores and tissue damage eroded to the bone.

Cook County Circuit Judge James Schreier ordered the company to pay a $25,000 fine and $75,000 in investigation and court costs. The company also was sentenced to the maximum sentence of 30 months conditional discharge. The nursing home was sold to another company in July 2007.  The case against Dr. Garti remains open.

According to Cook County Clerk of Court records Massey's Estate filed a wrongful death lawsuit against Pavilion of Forest Park, its parent company Care Centers and Dr. Garti in 2003.  A mere three years after the case was filed, the lawsuit was settled.  

 Read more about this case of nursing home neglect at a Chicago nursing home here.

Nursing Home Cleared Of Neglect Charges In Case Where Resident Had Maggots In His Eyes

A shameful tale of a nursing home neglect recently was reported in Florida.  As amazing as this sounds, the Florida Nursing Home was cleared of criminal neglect charges by the Florida Attorney General when a nursing home resident was found to have maggots in both eyes. 

The Attorney General, investigating the case blames their inability to prosecute the case on the lack of physical evidence available.  "There was no way to pin down the origin of the maggots,"  according to Sandy Copes, communication director for the Florida Attorney General.  Further hampering the attorney general's ability to bring charges was the fact that no physical evidence could be collected from the resident's room as it had been cleaned by the nursing home.

For those unaware, maggots are the larval form of a fly.  In this case, the nursing home obviously allowed a number of flies to accumulate in this residents room.  The nursing home also allowed the flies to lay eggs in the patients eyes.  I certainly appreciate a prosecutor who is hesitant to bring charges because of a lack of evidence, but even without the physical evidence, it certainly seems like a strong case could be made against this nursing home for criminal neglect.  Who else is to blame for maggots in a nursing home resident's eyes?

Nurse Charged With Abuse & Neglect After Abandoning Residents At Assisted Living Facility

Episania Fitzgerald was charged with abuse and neglect of an elderly person when she decided to leave her post as night nurse at an assisted living facility.  Fitzgerald told the sheriff's office investigating the matter that she left the assisted living facility with another resident in charge to provide home health care services elsewhere. 

Fitzgerald was gone for more than two hours, leaving the 21 elderly residents completely unattended.  During, nurse Fitzgerald's leave an 88-year-old resident fell on the bathroom floor requiring paramedic assistance.  It is unknown what, if any action the facility will take as discipline for this nurses inexcusable behavior.

This incident demonstrates the importance of selecting a well staffed facility.  It is important for families to specifically ask how many nurses, physicians, and CNA's are on duty throughout each shift.  While state and federal laws set staffing minimums, it is generally not a good idea for any one person to be solely responsible for the care of a large number of residents.  

Read more about this situation involving nursing neglect here.

Nursing Home Negligence Results In Death Of Nun

A 90-year-old nun who was a resident at Summit Park Hospital and Nursing Care Center in New York died following a head injury when a stand alone closet fell and hit her on the head.  The woman sustained injuries to her head and face.  She was transferred to a local hospital where she succumbed to her injures.

This was the third incident within a year at Summit Park Nursing Home involving similar closets falling and injuring a resident.  Incidents involving injury to nursing home residents must be reported to authorities. However neither of the similar incidents involving falling armoires were reported by the nursing home.

Centers for Medicare and Medicaid fined the facility $17,300 following the incident and the facility faces additional fines imposed by state authorities. New York Health Department spokeswoman, Claire Pospisil, comments, 'They have to take appropriate steps to ensure that this never happens again."

Not only has this nursing home been jeopardizing the safety of its residents, but perhaps even more alarming is the fact that it has chosen to play by its own rules.  If this facility failed to report the two other incidents in which patients were injured with the same armoir type closets, rest assured they are not properly attending to the needs of their residents.  What else is this dangerous nursing home hiding?

Read more about this dangerous nursing home here.

Dementia Patient Chokes To Death On Ketchup Packet In Nursing Home

Glenwood Gardens, a California retirement community was fined $100,000 by the California Department of Public Health following the death a resident who choked to death on a ketchup packet in 2006.  The 84-year-old man lived at the facilities skilled nursing facility because he suffered from dementia and had breathing difficulties.  The ketchup packet was wedged in the back of the man's throat by a mortuary embalmer.  Investigators determined the staff at the facility were aware of the man's propensity to eat non-edible objects and failed to formulate a plan to prevent the man from ingesting the ketchup packet.  Read more about this incident involving nursing home neglect here.

What makes this incident particularly inexcusable is that it occurred at a facility that concentrates in providing skilled nursing care to Alzheimer's and dementia patients.  It is a common problem for Alzheimer's Had the facility taken the basic precaution of removing non-edible objects from the residents meal tray this incident would likely not have occurred.  Moreover, had the staff properly monitored this man as he ate, the choking should have been caught and the ketchup packet removed from the man's throat.

Glenwood Gardens is part of Brookdale Senior Living communities.  Brookdale is the largest owner and operator of senior living communities in the United States.  Brookdale owns more than 550 senior living and retirement communities and houses more than 50,000 residents.  There are many Brookdale facilities throughout Illinois.

Nursing Home Workers Charged In Connection To Withholding Oxygen To Resident

Two nursing home workers in Arkansas are facing criminal charges, manslaughter and elder neglect, following the 2007 death of a resident.  The charges stem from failing to plug an oxygen line into the wall spigot for an oxygen-dependent patient.  By the time the workers came back to check-in on the patient her hands were blue and cold.   

Upon learning of the resident's condition, the workers told the nursing director, but failed to alert the resident's family or physician that her condition was related to a lack of oxygen.  Authorities believe that withholding the circumstances surrounding the lack of oxygen to the resident's physician contributed to resident's death.  Read more about this incident involving nursing home neglect here.

My take is that of course mistakes--no matter how serious--happen and will continue.  The real problem in this situation is that the staff failed to catch this mistake before the resident's injury became irreversible.  Had a simple observation plan been in place, this situation could have been avoided.

Never Event #2: Infection In Central Venous Catheters

 The second most frequently encountered 'never event' is an infection from a central venous catheter.  Infections due to improperly maintained and inplanted central venous catheters accounted for 29,536 cases in hospitals in 2007.  A central venous catheter is a tube usually inserted in an arm or chest and threaded through a vein until it reaches a large vein close to the heart.  Central venous catheters are used to administer medication, supply nutrition or blood products.  

There are three main types of central venous catheters:

  • PICC Line: A 'peripherally inserted central catheter.'  PICC's are the most common type of central venous catheter accounting for more than 50% of the vascular catherizations because it may be inserted relatively easily.  PICC's are inserted into a vein in the arm as opposed to the neck or chest.
  • Tunneled Catheter: A surgically inserted catheter in the neck or chest and is passed under the skin.  Only the end of the catheter is visible through the skin.  Passing the catheter under the skin allow people greater mobility and helps the catheter stay in place.
  • Inplanted Port Catheter: Similar to the tunneled catheter, but the entire catheter is left under the skin.  Medication must be injected through the skin and into the catheter.

More than 40% of bloodstream infections are accounted for in people with central venous catheters. An estimated 1% to 5% of people with central venous catheters who get an infections die from them. In order to reduce the likelihood of infection, the following should be done:

  • Use sterile technique when working with a person who has a central venous catheter.
  • Clean the exposed area of the catheter on a regular basis.
  • Dressings should be changed at a minimum of every week.
  • The catheter should be flushed regularly.
  • The exposed end of the catheter should be routinely check for inflammation and discoloration--the early signs of a potential infection.

Basic maintenance and observation should be part of all hospital and nursing home patients routine.  If you have acquired a blood infection during your hospital or nursing home stay, do not assume that your condition was inevitable.  For more information on infections of central vascular catheters this is a useful article.

New York Nursing Home Nurses Charged With Criminal Neglect

Four employees of the Medford Multicare Center for Living in Suffolk, NY have been charged with criminal neglect and falsifying business records.  New York Attorney General Andrew Cuomo announced the charges following six weeks of video surveillance at the nursing home in 2007.  The nurses are accused of failing to move and turn over a patient for up to seven hours at a time, denying the patient water and left him sitting in his own waste.  Felony charges were also filed relating to falsifying medical records claiming they administered heart medication when the nursing home was actually had the medication out of stock.  The nurses were released without bail and are due back in court on March 20. Read more about this case involving alleged nursing home neglect here.

Failing to turn a patient and skipping a dosage of medication may seem like minor variations and have little impact on patient care.  The reality is that these seemingly minor deficiencies can have tragic results.  Failing to clean and turn a bed bound patient can lead to the rapid development pf pressure sores.  Similarly, failing to administer medication may result in other medical problems.  Once again, perhaps 'hidden cameras' should become the norm in nursing homes to both protect patients and vindicate wrongfully charged nursing home staff.

Barbaric Treatment Lands Nursing Home Employees In Criminal Court

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The criminal case against two Portland nursing home employees gave me chills.  This case goes beyond nursing home neglect and enters the realm of nursing home cruelty. According to reports, a nursing director is being charged with two charges of criminal mistreatment and a certified nursing assistant (CNA) is being charged with reckless endangerment for their inaction following the fall-related injury to a resident at the Gateway Care and Rehabilitation Center.

The nursing home employees allegedly waited five days before sending a 59-year-old resident to the hospital for medical treatment for her broken legs sustained in a fall.  The nursing home resident apparently fell while being transferred from her wheelchair to her bed with a lift. 

The nursing home staff tried to hide the incident from the resident's family.  Federal and state nursing home regulations were ignored as no incident report was completed following the fall.  Despite the fact that the nursing home resident was screaming in pain and nurses could hear popping sounds coming from the badly broken legs, no medical treatment was provided.  After five days of living in pain the resident was taken to a hospital where she died.

These criminal charges against the individual nursing home employees are separate from a lawsuit for wrongful death that the estate of the deceased woman is entitled to bring.  If these claims of nursing home neglect prove to be true the nursing home and its owners should be held fully responsible for fostering an environment where nursing home employees hold a code of silence to protect each other.

Elder Abuse Goes Unreported

This article in the New Press, a fort Myers, Florida, newspaper caught my attention.  The article by Janine Zeitlin, uses statistics to prove what many close to to the elderly already know- elder abuse and elder neglect is a dirty little secret.  Most cases of elder abuse and elder neglect go unreported. When cases are discovered they are difficult to prove.

According to the article, the Florida Department of Children and Families found that adults make up about 18 percent of their abuse cases.  The real extent of abused senior abuse may never be known. Unlike minors where the state may forcefully intervene in a potentially abusive situations, if elders refuse to get help there is little authorities can do.

Another complicating factor in learning the full extent to elder abuse is that many elderly don’t go to the doctors that often, and that might be the only time they’re out of their homes. Elders in nursing homes and long-term care facilities are similarly isolated from the general population.  Rarely do nursing home residents venture into the community.  

Even with obstacles in place authorities do what they can to discover situations involving elder abuse and neglect.   The Department of Children and Families discovered a case of nursing home abuse and neglect involving a 90-year-old woman at Johnson Hall Home.  Although the woman had a large infected sacral wound that had evolved, the facility did not provide her medical attention. The department also used its investigative resources to discover a case of neglect which lead to death involving a 95-year-old nursing home resident.

The above situations demonstrate the need to report nursing home abuse and neglect.  If you suspect the mistreatment of a nursing home resident, you can contact your local department of public health and make a report.  In most situations, the report may be done anonymously.

More Information About Patient Care In Metron Nurisng Home

We recently discussed how the Metron Nursing Home in Allegan was losing its Medicare and Medicaid funding due to multiple violations in patient care.  Now, more information has come to light about the the Michigan Attorney General's investigation and the forced sale of the facility.  Two nursing home residents at Metron of Allegan died after nursing home workers failed to administer oxygen

The incidents follow a similar 2005 incident when, Sarah Comer died at the Metron of Big Rapids. The death of Comer lead to a lawsuit against the nursing home.  In the course of litigation, allegations of nursing home workers covering up Ms. Comer's death began to surface.  The workers were alleged to have conceived of a story to suggest that Ms. Comer died from caused unrelated to the negligent administration of oxygen.

The facility was recently found to be in violation of 11 safety violations partially consisting of:

  • Failure to provide oxygen, resulting in two deaths.
  • Failing to prevent resident-on-resident physical and sexual abuse.
  • Failing to investigate a resident who eloped from the facility.
  • Failing to provide pain medications prescribed by doctors.

Prior to losing its Medicare and Medicaid funding, Metron has has ample warning to correct the consistently poor care served to its residents: Metron has been under state oversight for two years, fined over $300,000.00 for heathcare citations and had its facility in Kalamazoo closed when inspectors found serious violations relating to patient care.  It seems that for the good of all residents at Metron facilities, they should be shut-down for good.

Citation Issued Against Nursing Home That Failed To Intervene In Patient Suicide

The Minnesota Department of Health issued the "quality of care" citation against the Texas Terrace Care Center, a Minnesota nursing home, because the "facility staff failed to continue efforts to open the door to provide emergency care" while a resident commit suicide.   The Texas Terrace Care Center has been cited for nursing home neglect because its nursing staff waited for emergency personnel to force open a door and find that a resident had died by hanging.

 

The victim suffered from depression and congestive heart failure but wasn't considered a suicide risk by the facility. A nurse and nursing assistant tried to force open the man's door about 3 p.m. May 24 but could push it only slightly. They could see the man was hanging from the other side of the door but couldn't assess his condition, according to the state report. After a call to 911, a supervisor told the nursing staff not to touch the door and to wait for police.

When firefighters arrived, they were able to push open the door without "use of excessive force," according to the report.  By the time firefighters arrived, the man had lost his pulse but his skin was still warm.  Nursing home administrator, Mathew Bedard, said his nurses took immediate steps to try to enter the room but worried that forcing open the door would cause further injury to the man if he was still alive.

This incident of nursing home neglect demonstrates the catastrophic consequences that result when the nursing home turns a blind eye toward patient care.  In this case, had the nursing home staff put forth minimal effort to open the door they would have been able to save valuable minutes and save a nursing home resident's life.  Read more about this sad event here.

Nurse's Assistant Punches & Runs

A certified nurses assistant (CNA) is now behind bars following a brutal episode at Ashley Manor, a Colorado nursing home.  According to local police, 23-year-old Kalen Randolph stuck an Alzheimer's patient multiple times before fleeing the facility altogether and leaving all the residents of the facility unattended.  The 74-year-old victim suffered injuries to his head, ear and hand.  Mr. Randolph is charged with eight counts of neglect and one count of second degree assault.  Read more about this incident of nursing home abuse here.

How do things like this happen in facilities today?  How can a facility allow one person to care for all the residents by themselves?  What would happen if this were a medical emergency or fire and the sole nursing home employee was responsible for the care and safety of all residents?  No one is asking me, but having a facility staffed by one person seems like trouble on so many fronts.

Why Didn't I Think Of This?

As a father of an active toddler, I am well versed in the importance of keeping close tabs on him at all times.  We keep a video monitor on him to make sure he doesn't harm himself.   Video monitoring has even gone to the streets in Chicago where police can monitor street traffic in crime ridden areas.

The time has come for monitoring to take the jump to nursing homes.  "Granny Cams" as Attorney David Terry describes in the Nursing Home Abuse Lawyer Blog would be an important part of protecting our nursing home residents from nursing home abuse from nursing home employees and co-residents.

While cameras have caught abusive workers in the act, utilizing video technology as a regular part of nursing home care seems the a reasonable thing to do.  I join David's endorsement of installing 'granny cams' to safeguard nursing home residents. 

Hey David, can I get a cut of Granny Cam's royalties?

Girls Gone Wild In Minnesota Nursing Home

I came across this article regarding the abuse of Alzheimer's patients at a Minnesota Nursing Home --the extent of mistreatment makes me sick.  According to a Minnesota Department of Public Health report, 15 residents of the Good Samaritan Society Nursing Home fell victim to ongoing physical and psychological abuse of 4 teenage nursing assistants.  Since the results of the investigation have been disclosed, the employees have been terminated.

The employees were terminated party due to cooperation of a 5th teenage girl implicated in the investigation.  According to the teenage girl, the foursome victimized residents suffer from dementia or related disorders such as Alzheimer’s disease. The report alleges the following incidents of physical abuse and neglect:

  • spitting in mouths
  • poking breasts and nipples
  • putting fingers in mouths
  • touching and tapping genitals
  • sticking rear ends in faces
  • rubbing buttocks
  • rubbing penises
  • touching perinea
  • anal insertion
  • holding residents down
  • teasing residents

This story is important because it demonstrates a culture of neglect that has developed in many nursing home.  The fact that multiple employees were involved in this incident makes me very skeptical that the nursing home administrator knew nothing if this criminal behavior.  Adding fuel to the fire, an employee told investigators that two of the girls had been “bragging about this for the past one to two months.”

There are 230 Good Samaritan Society locations nationwide, with several across Minnesota. Its full name is the Evangelical Lutheran Good Samaritan Society, but it is not part of the Evangelical Lutheran Church of America. The nonprofit company is based in Sioux Falls, S.D.

What Were These Nursing Homes Thinking?

There are many daily occurrences that occur in nursing homes that beg the question: what in the world were they thinking?  Everyday we hear about tragic incidents that are preventable not only with proper medical training, but plain old common sense. 

Some recent stories make me question the intelligence and sincerity of the people who work in nursing homes.  I mean everyone knows that: people need water, if you leave people laying in bed for days they will develop bedsores, sexual predators probably shouldn't be living amongst around the elderly, a bed-bound person will have a difficult time running out during a fire and nursing home residents require ongoing care.

Lara Pettiss Harrill of the South Carolina Nursing Home Blog, drives home nursing home residents' needs for basic care in her recent post on a Belleville, Illinois nursing home resident who filed a lawsuit after he contracted gangrene on his penis.  Ms. Harrill sums up the nursing home care issues faced by residents who suffer from nursing home neglect on a daily basis;

'Bottom line is, this gentleman was in a nursing facility, presumably because he needed nursing care - presumably because he needed assistance with activities of daily living, like bathing, dressing and using the bathroom.  What on earth were the employees doing (or not doing) that they could miss something like gangrene . . .'

The above situation further demonstrates a culture of neglect that has developed in many nursing homes where employees willingly ignore critical health problems and hope the worker on the next shift does the routine work they should have done.  Gangrene does not develop overnight.  Dare I say to the entire staff at the Calvin Johnson Care Center, 'what were you thinking?'

We All Need Water

Dehydration is a common problem amongst nursing home residents.  Dehydration occurs when you do not drink adequate fluids or you lose fluids due to: sweating, vomiting or diarrhea.  If an elderly person becomes dehydrated they are susceptible to cramps, organ malfunction, pressure sores and even death.

Older people are particularly susceptible to dehydration because many elderly have the following conditions:

  • Decreased thirst
  • Kidneys that do not work well
  • Choose to avoid liquids because of incontinence
  • Have difficulty holding a glass
  • Pain urinating
  • Take medications decreasing urine output
  • Inability to regulate body temperature
  • Diabetes
  • Inability to communicate

Signs of dehydration include:

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

It is the nursing home's responsibility to properly hydrate all residents.  Nursing home staff should monitor the amount of fluids consumed by each resident on a daily basis.  If a nursing home allows a resident to become dehydrated they are guilty of nursing home neglect.

 

 

 

 

Man Loses Testicle In Belleville Nursing Home

A lawsuit was recently filed against Calvin Johnson Care Center in Belleville, Illinois.  The lawsuit claims that while Fred Moss was admitted to the facility for long-term nursing and rehabilitation, the facility failed to supervise him and was neglectful in their treatment.  As a result of the nursing home neglect, Mr. Moss contracted cellulitis and gangrene in his scrotum and penis which ultimately required the removal of his testicle.   A copy of the lawsuit is here.

My guess is that the man in this lawsuit was catheter dependent. Many nursing home residents are incontinent and have catheters for discharge of urine.  Catheters require ongoing maintenance.  For example, nurses must clean and empty the catheter several times per day.  Further, if a nursing home resident has a Foley Catheter it must be removed and changed at regular intervals.  Failure to properly clean and maintain a catheter may result in a urinary tract infection and ultimately surgical removal of a testicle.

 

Maggots In Open Wounds In At Florida Nursing Home

A man admitted to Azalea Court Nursing and Rehabilitation Center for rehab for a broken leg, soon realized he was getting more than rehab at the facility he chose to help him- maggots.  The maggots were seen in an open wound during a dressing change.  Azalea Court's complaint and inspection reports from the past several years did not reveal any glaring problems. Investigators from the State Attorney’s Office visited Tuesday.  Read more about the maggots here.

This is a prime example of neglect nursing homes.  Nursing homes are required to provide the best care possible for their residents.  The failure to clean and open wound is a clear case of patient neglect.

Tired Of Hearing Bad News About Nursing Homes? Here's How To Keep Out

We've discussed how nursing homes often provide poor care.  Nursing home residents often suffer from bedsores, medication errors, inadequate nutrition, falls and physical abuse.  Not to mention the nursing home residents pay handsomely for the privilege of subjecting themselves to these potentially deadly problems. 

Emily Brandon, of U.S. News and World Report , did a nice job reporting on programs available to seniors to allow them remain independent and out of nursing home facilities.  While the services detailed below may not be available in all areas, they give an idea of they types of programs available to seniors to provide assistance in their daily lives.

Transportation:  Seniors at Sunset Neighborhood in New Hartford, N.Y. can get a door-to-door ride to a doctor's appointment, shopping, restaurants, or errands.  The charge for the service is $450 to $725 yearly based on the services requested.

Home Maintenance:
Capital Hill Village in Washington, D.C. employs volunteers to do basic home maintenance for light bulb changes, vacuum bag changes and moving of furniture. If the request requires more skill, the group has contracted vendors to provide discounted services.

Meals: Sunset Neighborhood does grocery shopping for its members every three weeks,  Other developments will have meals delivered or have scheduled meal sign-up which allow for seniors to enjoy each others company while eating at alternating homes.

Health Assistance: Many communities have daily telephone check-in's.  Others have plans in place for neighbors to actually ring each others door bell.

The above are simple examples of community sponsored care that enables seniors to remain independent.  The above can be implemented in any area where the services are desires.  Moreover, the above examples of care are not expensive. 

'Crack House' Nursing Home Continues To Receive Government Funding

Where else can a business treat customers without any respect in run-down environment and continue to stay in business?

The answer is: The nursing home industry in America.

Nursing homes funded by Medicaid receive a daily payment from the government for each resident every day. The government pays the facilities regardless of the quality of service provided. As a result, many nursing home owners; will put off facility repairs, serve lousy food and hire some of the most inept people to run their facilities to maximize profit. Of course, fines may be imposed and facility closure may be threatened  The reality is that it is difficult to relocate nursing home residents to other facilities. Nursing home owners know this. Paying fines has become part of the nursing home business. The reality is the fines probably only result in even further reductions services to the residents of the facility.

An example of a nursing home choosing profits over the needs of its residents appeared here. Westside Health Care Center, an exclusively Medicaid funded facility, provides nursing home care to 40 residents in Ohio.  After health workers and police from the Ohio Department of Public Health found 27 housing and fire code violations, the Department attempted to shut down the facility. The inspectors described the facility as 'worse than any crack house they had come across.' (emphasis added)

To combat the potential closure of his facility, the administrator filed an injunction to keep the nursing home open. A judge ruled in his favor and has set the matter for hearing later this month. Meanwhile, the 40 residents of Westside will continue to be the real losers of the situation as they continue to live in an obviously deplorable facility.

Man Chokes To Death While Left Unattended At Nursing Home

A coroner determined that a 77-year-old nursing home resident choked to death on his dinner, according to an Australian newspaper. The victim suffered from advanced dementia necessitating assistance with meals. Investigators determined that the nursing home attendant assigned to supervise him left the man unattended as he was eating his dinner.

The link to the full article is here.

Choking injuries and asphyxiation are real dangers amongst the elderly. Many nursing home residents suffer from dementia, impaired judgment, difficulty swallowing, and problems chewing food. It is the responsibility of the nursing home staff to identify those who may be at risk for choking.

If a nursing home resident has difficulty swallowing, the nursing home staff should provide soft foods, cut all food into small pieces and make sure the resident is in an upright position while eating. Most importantly, the nursing home staff must carefully monitor residents during mealtimes to prevent choking. Choking incidents may result in injury, medical complications and even death.

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Nurses Admit To Problems At Nursing Homes

According to American Nurses Association, most of the 10,000 nurses participating in a recent poll believe the quality of nursing care has declined in the past year.  Other poll results are just as alarming.  A similar percentage (48.3%) of the nurses polled admit that they would not feel confident in having a person close to them receive care at the facility they work at.

The nurses recognize under-staffing as a major problem.  Almost three-quarters of the respondents believe there to be an insufficient number of nurses in their unit.  It appears the widespread under-staffing is forcing the nurses to look for work at better staffed facilities. 51.9% of the nurses are considering leaving their current positions due to inadequate staffing.

Under-staffing and high employee turnover at nursing homes leads to dangerous conditions for residents.  Most of the situations involving: pressure sores, malnutrition, dehydration, medication errors and inadequate supervision stem from an overall staffing problem.

The complete poll results are here.

Update On Chicago Nursing Home Murder

$500,000 bail was set for the man accused of murdering his roommate at All Faith Pavilion Nursing Home.  Assistant State's Attorney, Shelley Keane provided more information on the crime, saying the victim and his attacker were roommates at All Faith Pavilion located a 3500 S. Gilles Avenue in Chicago.  The attack occurred on May 30, when the attacker used a clock radio to beat the victim.  The victim died from sepsis and head injuries on June 23. 

See the Chicago Tribune Story here.

According to the most recent Medicare inspection of All Faith Pavilion, the facility had 9 health violations and 4 fire violations.  While the violations do not directly impact the recent fatality, they reinforce the facility fostered an atmosphere where its residents are routinely neglected and abused.


A Daughter's Struggle To Find Adequate Nursing Home Care For Her Father

Star-systems, internet searches and recommendations from friends are all good places to start when looking for a long-term care facility for an elderly family member. None of them take the place of doing things the old-fashioned way...going out to a facility and looking for oneself. A hands on approach when looking at facilities is the only way to to ensure the pictures in the brochures are for real.

This article chronicles an 84-year-olds struggle to find a decent facility.  Unfortunately, even with the aid of his daughter, finding an adequate facility was difficult. The elderly man learned the hard way that many facilities are not what they appear. After the elderly man suffered severe weight loss, urinary tract infections, dehydration, malnutrition, pressure sores and low blood sugar, due to poor care at a carefully chosen facility, the father and daughter were forced to renew their search for a place for him to live and thrive. Fortunately, the family made a record of this substandard care. The incidents of abuse and neglect were reported to the Illinois Department of Public Health

Read the complete Chicago Sun Time article here.

If you believe that a family member or friend has suffered abuse or neglect at a long-term care facility report it to the Illinois Department of Public Heath. The elderly in these facilities have rights. Call 1-800-252-4343 today to make a report.  A call reporting the incident initiates the process.  Then a State representative will go out to the facility and conduct a thorough investigation.
 
Make sure you have the following handy before making the call:

  • The name, date of birth and social security number of the person for whom you are making the report
  • The name and address of the facility where the incident took place
  • A concise version of what actually occurred
  • The date and time of the incident
  • Provide specific detail of the injury
  • Make the report as soon after the incident as feasible to ensure the investigators have access to witnesses

You may report these claims anonymously or you make provide your name. Similarly, if you provide your name you have a right to be copied on the investigation's completion.

Call Lights. How Should Staff Respond?

Nursing homes, hospitals, and long-term care facilities should have 'call lights' for residents to get the attention of the staff.  Most call lights are connected to patient beds.  The call lights should be located within easy reach of the residents and the calls should be responded to promptly by staff.  Most call light systems are connected only to a central nursing desk.  As a result, some 'call light' pages may go unanswered or responses to the call lights may be delayed if the staff is not in close to the desk.

A newer call light system, utilizing pager technology would help staff respond quicker to residents requests.  Yet other call light systems allow residents to carry pagers which prompt nursing home staff to respond to a page regardless of where the residents it.  A mobile pager would be especially helpful for dealing with nursing home falls.

Look at the full Salt Lake City Tribune article here.

Catheter Usage

Blog readers occasionally ask: what really constitutes 'neglect'?  The best answer is given by example.  Once readers hear specific examples of how neglect occurs everyday in nursing homes they begin to appreciate it’s the severity of the situation.

Currently, my office is prosecuting a case of severe neglect involving a paralyzed man who is a long-time Foley Catheter user.  During the course of his stay at a Chicago-area nursing home, the staff failed to properly clean the catheter and our client developed an infection in the urinary tract and kidneys.  The infection was ignored for so long that our client required months of hospitalization and surgical removal of his testicles. 

Many nursing home residents use catheters.  Generally, a catheter is a tube inserted into the body where you urinate and into the bladder.  The end of the tube is connected to a collection bag.  Its purpose is to drain urine from the body. Catheters may be used in the following circumstances:

•    For doctors to monitors how much urine you are producing
•    If you are unable to control you bladder
•    If you can not empty your bladder when urinating
•    If you have severe illness or are unable to physically move to the bathroom
•    If you have pressure sores or open wounds

Many residents of nursing homes receive catheters when they have none of the above conditions.  Often nursing home staff will unnecessarily catheterize a resident to avoid physically assisting a resident to the toilet.  

Once in place a catheter requires maintenance and monitoring.  The following must be done to assure proper catheter care:

•    Monitor the amount of urine in the bag
•    Make sure the person drinks lots of fluids (6 – 8 glasses of water per day)
•    Empty the drainage bag at least every 8 hours
•    Wash the area where the catheter enters the body at least 2 times per day
•    Check the skin where the catheter enters the body for infection and irritation

Meals: Nutrition vs. Neglect

Today my office was contacted a Chicago-area woman whose mother lost 30 pounds within three months of her admission to a nursing home.  She explained how her 87 year old mother suffered from dementia and needed assistance with most daily living activities including help with meals.  The woman went on to explain that the entire reason she brought her mother to the facility was because she was assured that the facility was capable of meeting her daily nutritional needs.

The case above illustrates a common problem at many nursing homes and long-term care facilities--the neglect of residents.  Neglect related to the nutritional needs of nursing home residents is perhaps one of the more dramatic areas of neglect.

A drastic weight loss or gain can be indicative of poor care.  This article from the FDA discuses the nutritional problems encountered by many elderly.  Paul Kerschner, vice president of the National Council on Aging discusses how "seniors tend to be at a disproportionate risk of poor nutrition that can adversely affect their health."  Kerschner estimates that 15 to 50% of the elderly population are affected by poor nutrition.

Poor nutrition typically plays a role in most injury related nursing home maladies such as: bedsores, falls, decline in cognitive function, and an overall decline in quality of life.