Criminal & Civil Charges Brought Against Sunrise Facility After Videotaped Abuse

The family of a Pennsylvania assisted living patient has initiated a civil lawsuit against Sunrise Senior Living, a popular chain of assisted living facilities, after a hidden video demonstrated that three employees at the facility were abusing their 78-year-old mother.

The family installed the hidden camera after they suspected that their mother was being mistreated at the facility. According to news reports, the families concerns were discarded by officials at Sunrise due to the fact that their mother suffered from Alzheimer's making alleging her condition made her incapable of accurately articulating the abuse.

In addition to the civil lawsuit against Sunrise, prosecutors in Pennsylvania have brought criminal charges against the three employees depicted on the video of abusing the elderly woman. Read more about this alleged abuse at a Sunrise Senior Living facility here.

Related Nursing Homes Abuse Blog entries:

Elder Abuse: Captured On Video At California Facility

Sunrise Cited For Neglect After Assisted Living Facility Fails To Provide Timely Treatment For An Injured Resident

Investigation Determines Serious Safety Violations At Sunrise Assisted Living Facilities That Threaten Patient Safety

Nursing Home Negligence Lawsuit Claims Sunrise Senior Living Failed To Supervise Resident During Field Trip

Sunrise Targets Veterans Who Qualify For Government Benefits For Assisted Living

veterans.jpgFirst of all, a very respectful happy Veteran’s Day to all members of our armed service.  Certainly, the contributions and sacrifices made in defense of our country deserve the support and admiration from all citizens.

In the spirit of Veteran’s day, I though it would be appropriate to discuss a recent article I came across in the Chicago Tribune which highlights a marketing campaign by Sunrise Assisted Living focused at getting Veterans--- or perhaps more accurately funds from Veterans benefits—into their Chicagoland Assisted Living facilities.

According to the article, many vets and their spouses are entitled to benefits to help offset the expenses related to senior living.  Under the “Aid and Attendance” program seniors are entitled to up to $2,000 per month for assisted living expenses.

I’m sure out of the kindness of their hearts (and perhaps and desire to get access to the steady stream of government money) Sunrise has invited elderly Veterans to their Chicagoland facilities to receive a special gift for their services and to learn more about the program.

Sunrise is a major player in assisted living facilities in Chicago. Here are the Chicagoland Sunrise facilities:

  • Sunrise of Lincoln Park
  • Sunrise of Wilmette
  • Sunrise of Park Ridge
  • Sunrise at Fountain Square in Lombard
  • Sunrise of Willowbrook
  • Sunrise of Highland Park
  • Sunrise of Palos Park
  • Church Creek in Arlington Heights
  • Sunrise of Glen Ellyn
  • Sunrise of Bloomingdale
  • Sunrise of Schaumburg
  • Brighton Gardens of Wheaton
  • Sunrise of Buffalo Grove
  • Sunrise of Naperville
  • Sunrise of Flossmoor
  • Sunrise of Naperville North
  • Sunrise of Barrington
  • Brighton Gardens of St. Charles
  • Sunrise of Gurnee
  • Sunrise of Crystal Lake

Assisted Living Facilities

Assisted living facilities can be worthwhile living arrangement for seniors who require more assistance with daily living needs, yet may not require skilled nursing care provided at many nursing homes.  In addition to assistance with some chores and meals, assisted living facilities are also very attractive from a price perspective compared to facilities that provide medical care.

Related Nursing Homes Abuse Blog Entries:

Nursing Home Negligence Lawsuit Claims Sunrise Senior Living Failed To Supervise Resident During Field Trip

Investigation Determines Serious Safety Violations At Sunrise Assisted Living Facilities That Threaten Patient Safety

Sunrise Cited For Neglect After Assisted Living Facility Fails To Provide Timely Treatment For An Injured Resident

Sunrise Cited For Neglect After Assisted Living Facility Fails To Provide Timely Treatment For An Injured Resident

Officials at the Minnesota Department of Health have cited a Sunrise Senior Living facility in Rochester, MN for improper care after the facility failed to provide medical attention to a patient who was visibly injured in an altercation with another patient.  According to the department of health investigation, a resident sustained a bruise to his head after he was kicked by another resident. 

Despite visible bruising and swelling on his head, staff at the Sunrise facility failed to summon any medical attention for more than 24-hours after the condition was originally noticed.  The man died due to a traumatic brain injury approximately two weeks following the incident.

In citing Sunrise, authorities now require the facility to:

  • Review their response system to patient injuries
  • Consider the appropriate time frame for contacting a nurse following an injury
  • Consider types of injuries that merit prompt medical attention
  • Educate staff and family members about changes made at the facility
  • Inform on-call staff regarding medical concerns / client needs when they begin their shift
  • Review weekend staffing needs

Read more about this incident at a Sunrise Senior Living facility here.

So, would the preventative measures really have made any difference?

My guess is that the staff intervention would have little-- if any impact on the patient's outcome. However, I certainly do take issue with the way in which the staff responded to this situation.  At the very least, all feasible steps should be taken to minimize the pain experienced by residents following an injury.  This usually means getting medical attention.

Related Nursing Homes Abuse Blog entries:

Nursing Home Sued Following Death Of Resident In Fall

Nursing Home Negligence Lawsuit Claims Sunrise Senior Living Failed To Supervise Resident During Field Trip

Investigation Determines Serious Safety Violations At Sunrise Assisted Living Facilities That Threaten Patient Safety

Investigation Determines Serious Safety Violations At Sunrise Assisted Living Facilities That Threaten Patient Safety

The Georgia Department of Human Resources has been busy investigating serious safety infractions at several Sunrise Senior Living facilities in the Atlanta, GA metro area.  According to an investigation initiated by CBS Atlanta News, problems abound at this national chain of assisted living facilities.

CBS Atlanta News began to scrutinize patient care at Sunrise facilities after a scabies outbreak at Sunrise in Dunwoody.  The television station's investigation further revealed:

Brighton Gardens of Dunwoody; Staff at Brighton Gardens were cited for failing to follow protocol for emergency situations after staff failed to implement CPR for an unresponsive patient who wished to be resuscitated.  State authorities imposed a $1,000 per day fine against the facility until changes were made.

Sunrise of Decatur: Georgia investigators fined the facility $601 after they determined the facility failed to provide protective care and watchful oversight of a patient.

Brighton Gardens of Vinings; The assisted living facility was fined $300 for failing to provide individual residents with protective care and watchful oversight.

Although many assisted living facilities provide similar care as their nursing home counterparts, in many states they still remain loosely regulated.  Hopefully, as more information regarding safety violations becomes public, there will be a demand for increased regulation and transparency. 

Related:

Nursing Home Negligence Lawsuit Claims Sunrise Senior Living Failed To Supervise Resident During Field Trip

Assisted Living Fall Leads To Wrongful Death Lawsuit 

Nursing Home Sued Following Death Of Resident In Fall

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

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

Ask me about sports, wine, politics or the law and I feel fairly confident I can at least have a lively conversation about any of them.  But please don't ask me about finance.  The past year has eroded any hint of confidence I had when it comes to companies for investment.

Wait a second. Maybe, I am onto something.  In looking over the recent financials of the following national nursing home companies it looks as though some of the companies mentioned below are holding up fairly well in the current economic climate. As quarterly earnings are reported by many large nursing home chains--- caring for the elderly apparently pays well-- sometimes very well.

Five Star Quality Care

Five Star Quality Care, Inc. (Ticker: FVE) first quarter 2009 results reveal revenues increased 14% to 295.2 million from $258.9 million from a year earlier. New income for the company was $25.4 million for the quarter compared with $1.6 million in the first quarter of 2008.

Five Star Quality Care owns and operates 210 senior living communities in 30 states.  The companies facilities include: independent living centers and skilled nursing communities (nursing homes).  Five Star also operates five institutional pharmacies and two rehabilitation hospitals.

Kindred Health Care

Kindred Healthcare's (ticker: KND) profits rose 55% in the first quarter to $22.8 million or 58 cents per share.  Despite the fact that Kindred provided care to fewer patients, it was able to exceed Wall Street expectations by managing labor costs. 

According to chief financial officer, Richard Lechleiter, the recession may have actually helped the company's bottom line.  The shortage of jobs in other industries may have actually encouraged current employees to remain at Kindred longer.  Turnover among the company's hospital employees fell to 21% from a 25% turnover rate from a year earlier.

Kindred Healthcare, Inc. is a healthcare services company that operates: hospitals, nursing centers and a contract rehabilitation services business across the United States.  The hospital division operates 82 long-term acute care ("LTAC") hospitals (6,482 licensed beds) in 24 states. The health services division operates 228 nursing centers (28,525 licensed beds) in 27 states.  Kindred also operates a contract rehabilitation services business which provides rehabilitative services primarily in long-term care settings.

Sunrise Senior Living

Sunrise Senior Living (ticker: SRZ) will report quarterly earning on May 8th.  Will earnings be in line with the other long-term care providers?  Obviously, I have no idea-- if I did would likely retire from the law.  However, Sunrise did recently announce an 'Overhead Downsizing Plan' to save the company more than $20 million annually by cutting employees--further adding to the companies profitability. 

"The decision to reduce the number of people at Sunrise is never easy, but it was essential given  today's economic environment and our need to further reduce spending.  We want to be completely clear that none of these changes will effect the extraordinary care and services we provide in our communities," said Mark Ordan, Sunrise's Chief Executive Officer. 

No need to worry about the work levels for employees?

Sunrise Senior Living, Inc. provides senior living services in the United States, Canada, the United Kingdom, and Germany. It offers independent living services, which include housing, meals, transportation, activities, and housekeeping, as well as licensed skilled nursing services for residents who require 24-hour skilled nursing care; and determination of the appropriate level of care and service for such resident. The company’s assisted living communities also offer a reminiscence neighborhood that provides specially designed accommodations, service, and care to support cognitively impaired residents, including residents with Alzheimer’s disease and other forms of memory loss. 

Next time a large nursing home chain claims that a jury award is too large considering the nature of the injury, take a look at the company's financials and see who is really the one benefiting.

Nursing Home Negligence Lawsuit Claims Sunrise Senior Living Failed To Supervise Resident During Field Trip

The family of a Sunrise Senior Living resident has filed a lawsuit against the company for their failure to supervise the woman during an outing with the facilities activity director.  The lawsuit alleges that on December 2, 2007, Margaret McCauley went with other residents to a concert at a Chicago-area high school.  During the concert McCauley wandered from the concert hall and sustained multiple injuries.  The lawsuit claims the staff from Brighton Gardens Assisted Living of Orland Park, failed to:

  • Supervise the resident-- despite the fact that they knew she had a propensity to wander
  • Conduct proper wandering assessment
  • Provide adequate staff to supervise
  • Take adequate steps to locate the missing woman after her absence was discovered

McCauley was discovered eight hours after leaving the concert hall.  She was laying on nearby train tracks.  Read more about this nursing home lawsuit against Sunrise Assisted Living here.

Eloping Nursing Home Residents

Within 14 days of admission, new nursing home residents must be evaluated by the nursing home staff for the purpose of conducting a Resident Assessment Instrument (RAI) under the Nursing Home Reform Act of 1987 (contained in the Omnibus Budget Reconciliation Act, OBRA 1987) and specifically codified at 42 CFR 483.20 (b)(1)(i)-(F272). 

Part of this codified evaluation requires an assessment to be completed regarding each residents propensity to elope or leave the facility.  Residents who are deemed to be at 'high risk' for elopement should have safeguards in place to help protect them from the dangers of the outside world.  All staff caring for the resident should be ware of the residents elopement assessment and help enforce regulations to minimize risk of elopement from the facility.

Residents suffered from dementia or Alzheimer's are particularly susceptible to eloping from a facility.  The following are common safeguards that may be utilized to ensure the safety of residents who are at high risk for eloping:

  • Have properly working door alarms
  • Window locks
  • Door locks
  • Bracelets that track each resident's location
  • Adequate staff at the facility to look after residents
  • Have contingent plans to locate residents who may wander from the facility

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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