Jonathan Rosenfeld's Nursing Homes Abuse Blog : Jonathan Rosenfeld's Nursing Homes Abuse Blog | Lawyer & Attorney : Strellis & Field Law Firm | Bed Sores, Senior Neglect, Elder Abuse, Sexual Abuse: Chicago, Illinois

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

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

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

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

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

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

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

Time to look for another facility?

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

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

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

Related:

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

What Are Signs Of Nursing Home Abuse?

Just Do It. Photograph Everything

IDPH Surveys for Westmont Nursing & Rehab Center

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"Are nursing home patients protected under federal law?"

                                                                -Tom, Edina, Minnesota

Although many nursing home patients frequently feel trapped within the situation they are currently in, nursing home patients actually have many rights granted to them under federal law.  Federal law empowers nursing home patients to make decisions with respect to their medical treatment and personal care.

Federal law guarantees the following:

1. The right to participate in your care planning along with the right to refuse particular treatments.

A customized care plan must be developed for every nursing home patient.  Nursing home patients (or their representatives) may participate in developing this important part of patient care.

2. The right to privacy and to be treated with dignity and respect.

Nursing home patients are free to communicate any person they wish.  This includes: friends, family, attorneys and patient advocates.  Nursing home patients are entitled to privacy when speaking with visitors.

Unless requested otherwise, nursing home patients are entitled to open their own mail.

Nursing home staff should take steps to ensure privacy during bathing, toileting, and providing medical treatments by using curtains or private areas when necessary.

3. The right to have your own physician and/or pharmacy.

Despite the fact that many nursing homes are set up for a 'one size fits all' approach to care, YOU ARE entitled to select your own physician and pharmacy.

4. The right to be free from restraints.

Physical and pharmacutial restraints may only be used if ordered by a physician and agreed to by the patient or their caretaker.  Moreover, restraints should be used only when they are necessary to protect the individual or other patients from harm or injury.

5. The right to be informed of nursing home policies and procedures.

Policies and procedures regarding patient care and patient expectations must be written out by each nursing home.  When requested, a facility should present you with a copy of such policies.

6. The right to know about all medical care and conditions.

Nursing homes must tell each patient or their caregiver as to their medical condition and the treatment to be provided.  When and if there is a change in care, nursing homes must alert all the decision makers.

7. The right to know of the services the facility provides and the exact charges for such services.  

Nursing home must inform all patients as to the specific services provided and what the accompanying charge is for such service.

8. The right to privacy when it comes to your medical records.

Federal law prohibits disclosure of personal medical records to any person or entity without the written permission of the patient or their authorized representative. 

9. The right to use your own clothing and possessions.

Despite the fact that many nursing homes freely distribute generic clothing and effects, patients are entitled to use their own clothing and possessions if they desire.

10. The right to manage personal finances.

Many nursing homes mange their patients' finances for them.  This is legal.  In some circumstances this is done as a convenience for patients and to help expedite payment of bills.  If you do choose to allow a nursing home to manage your finances, you are entitled to: a) see an itemization as to where you money is; 2) received a written accounting for each account and expenditure; 3) get a receipt for all money  spent on your behalf; and 4) have access to your funds if you desire.

11. The right to be free from abuse in any form including: physical, sexual, neglect or isolation.

Nursing homes must provide the highest feasible level of care.  Obviously, this entitles patients to live comfortably and free from physical and emotional abuse in any form.

12. The right to stay at a nursing home as long as the facility is capable of attending to medical needs, payment is timely made and the facility continues to operate.

In other words, nursing homes CAN NOT simply discharge patients without cause.  In order for nursing homes to properly discharge patients, they must provide a reason for discharge or transfer. If you disagree with the nursing homes reasoning, patients have a right to appeal the facilities decision.

13. The right to speak freely about poor care.

Nursing home can not take any retaliatory action against a patient for making a complaint regarding care or treatment.

14. The right to have visitors.

Nursing homes are 'homes' for the patients who live there either on a temporary or permanent basis. Consequently, nursing homes must:

a) Allow patients to receive any visitor of their choosing.

b) All patients to refuse any visitor of their choosing.

c) Provide at least 8 hours per day of scheduled visiting hours.

d) Allow patient advocates and / or patient attorneys access to the facility during visiting hours.

e) Provide an area for confidential communications between patient and visitors if and when requested.

f) Patients may speak freely to visitors regarding rights and benefits.

The above rights are undeniable.  Additionally, many states have enacted laws to further protect nursing home residents.  If a nursing home is not meeting its obligations, you should contact your state or local nursing home ombudsman.

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I just got an email from Wes Bledsoe, founder of A Perfect Cause, regarding the Minnesota State's Attorney's indecisiveness in bringing felony charges against the young women who allegedly abused Alzheimer's patients at the Good Samaritan Society - Albert Lea Nursing Home.

Here is a copy of the email.  I encourage everyone to forward this email, as this really is an issue that deserves to be in the headlines.

Here’s your call to action!

Please call Craig Nelson… the Freeborn County Attorney in Albert Lea, MN… as soon as possible today. Please send this appeal to ALL on your email lists… plus ask family, friends, associates, and co-workers to call.

Nelson’s office number is 507.377.5192.

You can even fax him at 507.377.5196. I do not have his email address but anyone who does have it, please send it to me and I will circulate that too.

We invited Nelson to attend the town hall meeting last night. He declined, saying he’d “wait to see what happened in the media and hear from the court of public opinion.”

So… here’s your chance to be the “court of public opinion.”

What do we want?

1.       Felony Charges filed against the alleged assailants

2.       If convicted, the assailants should be required to register as sex offenders

3.       If he chooses not to file felony charges, he should immediately recuse himself and turn the case over to the MN Attorney General’s Office due to a conflict of interest

Why?

 1.       The families of the Good Samaritan Society – Albert Lea (nursing home) victims and many citizens of Albert Lea have asked us for our help.

2.       Nelson has

a.       Charged the alleged assailants of these victims with only class five misdemeanors

b.      Stated the assailants will "most likely will face suspended jail sentences and probation, so they'd have the threat of jail hanging over them if they get in more trouble”

c.       A conflict of interest due to a reported relationship with at least one of the alleged assailant’s families (he therefore should recuse himself and his office from the case)

3.       The alleged assailants are smarter than the County Attorney, as reported the alleged         assailants targeted victims who could not tell on them and if they did, that no one would       believe them

a.       Nelson’s office states the victims are not reliable witnesses

4.       Failure to prosecute physical and sexual battery committed against vulnerable adults by caregivers sends a loud and clear message that it is open season on any long-term care             residents in the future

5.       The alleged criminal acts committed against these elderly and vulnerable adults should be considered as “Hate Crimes”

Background on the case

Larson – Complaint - http://stmedia.startribune.com/documents/2albertlea.pdf?elr=KArks:DCiUHc3E7_V_nDaycUiacyKUU

Broitzman – Complaint - http://stmedia.startribune.com/documents/1albertlea.pdf?elr=KArks:DCiUHc3E7_V_nDaycUiacyKUU

Minnesota Department of Health – Investigative Report - http://www.health.state.mn.us/divs/fpc/directory/surveyapp/ohfcfindings/h5441019.pdf

More to Come

Yes, I am upset about the State of Minnesota and CMS’ policy to cite ZERO deficiencies if facilities “self-report” and “offer an acceptable plan of correction.” These agencies will be our next target, but I want to give them an opportunity to talk and modify this policy before we move on them.

Yesterday was an incredible experience. We met with two families… had seven television interviews throughout the day… two print media interviews… met with an ally who is funneling information to us… plus the town hall meeting.

Here’s what the media had to say about…

Last Night’s TOWN HALL MEETING

Star Tribune

Families sound off on abuse at Albert Lea nursing home

http://www.startribune.com/local/36022444.html?elr=KArksUUUU

Albert Lea Tribune

http://www.albertleatribune.com/news/2008/dec/12/residents-respond-alleged-abuse-case/

Advocate stirs debate on elder case

KIMT

Good Samaritan Abuse Charges Get National Attention

http://www.kimt.com/news/local/36024879.html

FOX 9

Town Hall Meeting Addresses Albert Lea Nursing Home Abuse

http://www.myfoxtwincities.com/myfox/pages/News/Detail?contentId=8054920&version=4&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

KXMC

Minn. nursing home hit hard by abuse allegations

http://www.kxmc.com/News/308028.asp

WCCO

Nursing Home Hit Hard By Abuse Allegations

http://wcco.com/health/nursing.home.abuse.2.885548.html

KSTP

Minn. nursing home hit hard by abuse allegations

http://kstp.com/article/stories/S702828.shtml?cat=1

KAAL

Family Members Speak Out on Nursing Home Abuse

http://kaaltv.com/article/stories/S702744.shtml?cat=10151

KTTC

Family member appalled over nursing home charges

http://www.kttc.com/global/story.asp?s=9508954

KARE 11

Albert Lea community speaks out about nursing home allegations

http://www.kare11.com/news/news_article.aspx?storyid=531759&catid=14

Yes… we can… and together… we are… making a difference!

Many thanks for all!

Wes

Wes Bledsoe

Citizens’ Advocate & Founder

A Perfect Cause

1501 N. Broadway Blvd., Bldg B

Oklahoma City, OK 73103

C – 405.308.3858

C – 405.802.2903

Wes@APerfectCause.org

www.APerfectCause.org

Our Mission - To End Needless Suffering & Preventable Deaths

 "A Perfect Cause must produce a perfect effect."

Science of Mind, Dr. Ernest Holmes

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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?'

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