WSLS began investigating reports of a crime at Waddell Nursing and Rehab facility earlier this week, after they learned Galax police were investigating multiple nursing home abuse claims at the facility. Initially, nursing home administrators told the reporter that there was evidence some residents’ rights had been violated. The TV station later learned that those violations involved pornographic images of the residents taken without their knowledge.

Police also have arrested former nursing home worker Sharon Walker. Both women were charged with two counts of “knowingly and intentionally videotaping or photographing a nonconsenting person who was 18 years of age or older when such person was nude or in the state of undress without the person’s permission.”

Crisan told WSLS reporter Lindsey Ward that nursing home facility staff questioned her about the photo she took using her cell phone, of the man in her care. She says she showed the photo to nursing home staff and they deleted it, and she was sent back to work.

Crisan told the reporter, “I want people to know that I did nothing wrong.”

The case is currently under investigation by the Galax Police Department.

SOURCE: Nursing Home Abuse › Crisan says innocent in case of nude photos of nursing home residents

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According to the WSLS report by Ashely Roberts, the Galax Police Chief says social services workers received an anonymous tip that led them to investigate the nursing home for what were described as pornographic images of residents.

Yesterday, 29-year-old Sharon Ann Walker was arrested on two counts of knowingly and intentionally videotaping or photographing a non-consenting person who was 18 years of age or older when such person was nude or in a state of undress without the person’s permission. Today, police announced a second arrest in the case, charging Livia Dawn Crisan of Galax with two identical counts. Crisan also was arrested Thursday.

Both women worked at the nursing home facility, and both were terminated.

WSLS reported nursing home administrator Jim Wooddell as saying no residents were physically abused, but did admit their rights were violated. He said the nursing home is cooperating with investigators.

In a bizarre twist, one of the arrested suspects, Livia Crisan, is a professional model with her own web site to promote her work, some of it scantily clad. In the police mug shot featured on the WSLS web site,  she is seen smiling.

SOURCE: Nursing Home Abuse › Virginia women take nude photos of nursing home residents

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The complaint, filed in the Circuit Court of Jefferson County, Ark., alleges defendants including Central Arkansas Nursing Centers, Inc., Nursing Consultants, Inc., Park Health Care, LLC, and Michael Morton, misrepresented the skill and number of its nursing staff in order to qualify for government funding. The complaint was filed in conjunction with Little Rock attorney Robert M. Sexton of Rainwater, Holt & Sexton, P.A.

According to the complaint, the Defendants held themselves out to the Arkansas Department of Human Services (DHS) and the public at large as being properly staffed, supervised and equipped to meet patient needs with a skilled nursing, rehabilitative and medical support staff, in an effort to have government-funded patients placed at the nursing facility. However, the complaint alleges, the Defendants actually hired and retained unqualified and untrained nursing staff and was understaffed, and was unable to provide even the minimum standard of care to the weak and vulnerable residents.

As a result, Frank Mayweathers suffered emotional and physical trauma as his health deteriorated and he developed severe bedsores from the neglect.

“It is absolutely shameful that a facility with the responsibility to care for the most vulnerable people would put profits first and knowingly place their patients’ health in jeopardy,” Sawyer says. “Not to mention the humiliation Mr. Mayweathers endured as he was neglected and ignored.”

The complaint alleges medical malpractice, negligence, and violations of the Arkansas Long Term Care Residents’ Rights Statute.

Read the complaint.

SOURCE: Nursing Home Abuse › Beasley Allen files complaint against Arkansas nursing home

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There is truly a special place … well you know where … for people who would do something like this. According to the report, which was carried by local CBS affiliate WCCO, the nursing assistants allegedly spit in residents’ mouths, poked their breasts and touched their genitals, and teased them.

Nursing home abuse has to be one of the most incomprehensible acts I encounter in my work with personal injury cases. I just don’t understand how people who are supposed to offer care and comfort, security and peace, could be so cruel. Particularly in the case of Alzheimer’s or dementia patients, who so often are bewildered and afraid, adrift in unclear memories and unsure of what is happening around them to begin with. To abuse these defenseless people – it’s just inexcusable.

Unfortunately, there is still no system for compiling official national statistics about nursing home abuse and neglect. According to the National Center on Elder Abuse, as a result no one knows precisely how many older Americans are being abused, neglected or exploited.

The major types of elder abuse are physical abuse, which includes inappropriate use of drugs and physical restraints; sexual abuse; emotional or psychological abuse, which, in addition to verbal attacks or intimidation includes enforced social isolation and treating an older person like an infant; neglect; abandonment; and financial or material exploitation.

It is most often left up to the individual – family members of loved ones – to monitor the care provided by their chosen nursing home facility. Too often, distance prevents regular visits, and families are left to worry, and hope for the best.

SOURCE: Nursing Home Abuse › a special place …

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According to the news story, the abuse occurred at the Oak Hills Living Center from August 2007 through February 2008.

In addition to the abuse, family members say Curnutt was neglected, left in soiled bedding and clothing.

KOTV quotes Curnutt’s father, Richard Curnutt, as saying, “He’s incontinent. Been left wet. Been left dirty. I’ve had to go down and say, ‘please change James.’”

SOURCE: Nursing Home Abuse › Oklahoma man abused, neglected

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Home caregivers fall into two basic categories – those who provide basic health services, and those who provide non-medical services like housekeeping, cooking and nonmedical help. The WSJ reports these are the second- and third-fastest growing occupations in America.

The report finds that the majority of abuse cases are linked to nonmedical care providers, because this type of personnel is not required to have any specialized training, and very often not regulated. In fact, nonmedical caregivers do not have to be licensed or even pass a criminal background check in order to be employed in at least 22 states, the Journal reports.

People often choose in-home care as a less stressful alternative to displacing an elderly person from his or her home. In home care also is a cost-saving option. According to figures supplied by the WSJ, it costs Medicaid about $6,000 per person for home care, as opposed to around $20,000 for care in a nursing home facility.

People considering at-home care for an elderly loved one are encouraged to contact the U.S. Administration on Aging by calling toll-free 1-800-677-1116 or visiting www.eldercare.gov. They can provide assitance about locating licensed, safe caregivers.

SOURCE: Nursing Home Abuse › Rising abuse in at-home care

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According to a report in the Senior Journal, the Government Accountability Office estimated in a July 2004 report that automatic sprinkler systems can decrease the chance of fire-related deaths by 82 percent. In March 2005, CMS began requiring all long-term care facilities that did not have sprinklers to install battery-operated smoke alarms in all patient rooms and public areas, the publication reports.

By 2013, all nursing homes will have to have sprinkler coverage in areas including resident rooms, kitchen, dining and activity areas, corridors, attics, canopies, overhangs, offices, waiting areas, closets, storage areas for trash and linen, and maintenance areas.

SOURCE: Nursing Home Abuse › Lifesaving: not an option

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CMS is the federal agency that manages Medicare, the health insurance program for the elderly and disabled, and Medicaid, the health program for the poor.

On its web site, CMS says the new system is being designed as an easy way for the public to understand their assessment of nursing home quality, and will provide the public with a way to make meaningful distinctions between high-performing and low-performing homes. The rankings will be posted on the agency’s Nursing Home Compare Web Site, with plans to launch the program in December.

In June and July, the CMS is asking the public to visit its site and provide feedback about the new star rating system. A sample screen shot of the proposed star ratings also is available.

A press release on the agency web site quotes Kerry Weems, CMS acting administrator, as saying, “More than three million Americans rely on services provided by a nursing home at some point during the year. The new ‘five star’ rating system will provide a composite view of the quality and safety information currently on Nursing Home Compare to help beneficiaries, their families, and caregivers compare nursing homes more easily.”

According to CMS, this will be the first time the agency has offered a rating system for the fee-for-service, or traditional Medicare progra. Currently, the Compare web site assists beneficiaries and their families in making nursing home choices by providing information on individual measure of quality of care, staffing, and survey inspection information.

Medicare already lists troubled nursing homes in its online database, but that system can be hard for the general public to understand or to navigate. It is hoped that the new system will be easier to use, and therefore more effective for decision making.

Another hope is that by being listed as low performers with the easily identifiable star system, nursing homes that are below par will be motivated to improve, CMS officials say.

Descriptive information about the quality rating system and its progress may be obtained after June 22 on the CMS Hot Topics web page.

Comments and suggestions about the new nursing home rating system should be sent to BetterCare@cms.hhs.gov.

SOURCE: Nursing Home Abuse › Five-star care

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“We believe the vast majority of nursing homes are doing a very good job and working hard to deliver quality care,” Sen. Kohl told the committee. “But we must protect the rights of those who receive inadequate care to hold the facilities accountable.” He said the bill would “send a strong message to underperforming facilities that harmful care is not acceptable.”

Sen. Martinez said the practice of nursing homes requiring residents to sign mandatory arbitration agreements is an overreach of the original purpose of the 1925 Federal Arbitration Act, which he says provides for voluntary arbitration agreements. Requiring a mandatory arbitration agreement as a condition of admittance to a facility is taking advantage of the nation’s most vulnerable citizens, he said.

“I was a practicing attorney for many years, and I believe alternative dispute resolution is a legitimate way to resolve disputes,” Sen. Martinez said, “but it should apply to … people in similar positions when entering an agreement to arbitrate. Prospective nursing home residents – our nation’s most vulnerable population – should not be forced to sign an arbitration agreement as a condition of being admitted to a nursing home.”

Senators Martinez and Kohl pointed out that when patients and their families are at the point of entering a nursing home facility, the patient often is in need of immediate care. Sometimes there are no alternative facilities in close proximity to the patient’s home. Families feel they must sign the agreement in order to ensure their loved one gets needed care right away. Most, they say, do not realize they are relinquishing their rights to go to court.

Sen. Orrin Hatch, R-Utah, spoke in opposition of the bill. He expressed concern that removing arbitration arrangements from nursing homes will cause a rise in long term liability costs and ultimately result in a worse quality of care for the nation’s elderly. He said he believes the proposed Senate bill will result in small business owners going out of business and less well-off seniors unable to afford resulting higher prices.

“I am deeply concerned about nursing home abuse,” Sen. Hatch said. “The abuse of a patient’s trust cannot be tolerated.” However, he said, he feels the problems are being addressed by the nursing home industry.

Sen. Martinez disagrees. Arbitration, he says, “remov[es] the one incentive the industry has to self-regulate and police itself and provide a level of care that I believe is what all of us would like to see for our most vulnerable residents.”

A webcast of the meeting is available at the web site for the United States Senate Special Committee on Aging.

SOURCE: Nursing Home Abuse › U.S. Senate debates arbitration

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The man recounted deficiencies including a room with no telephone or oxygen supply hook-up (requiring portable tanks to be wheeled in when needed), an ill-fitting oxygen mask, and problems with medications, among other things.

Worried about “retaliation,” as he put it, he didn’t even keep records and didn’t lodge any formal complaints with the nursing home facility or the Illinois Department of Aging, relying instead on simply hoping things would improve. And now he lives with regret, feeling responsible for his wife’s death.

Coincidentally, the same day as the elderly man’s visit, Kadner says he received notice that the Illinois legislature just passed a nursing home residents “Right to Know Bill,” which he says is “intended to provide consumers with useful information when choosing a nursing home.” If signed by the governor, the bill will become law Jan. 1, 2009.

The bill will provide for a questionnaire to be completed regarding nursing home facilities, answering questions about facility amenities and services, nursing staffing, pharmacy issues and more. The results would be available on a state government web site so those considering a nursing home facility can have access to more information.

Read the full article at SouthtownStar.com.

SOURCE: Nursing Home Abuse › Fear of Retaliation

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The Register reports that records with names of caregivers fired for abuse were sealed beginning last August based on a new interpretation of a state law that has been on the books for 17 years, which specifies that judges are obligated to keep “unspecified types of abuse information” confidential. Prior to the new practice of sealing records, the names of Iowa caregivers fired for abuse were provided to Iowa Workforce Development, which could disclose them publicly.

Sealing the records eliminated public access to information such as names of workers fired for abuse, their employers, and cities where abuse occurred, making it difficult for families considering nursing home facilities to examine a facility’s history of safety. The Register reports that recently sealed cases included incidents involving a patient death, and the financial exploitation of a patient by a caregiver who took about $1,000 in cash and gift cards from a nursing home resident.

The new ruling allows public disclosure of the names of workers fired for abuse, their employers, and related agency records, but maintains the confidentiality of state investigators’ abuse reports, to protect the identity of nursing home residents involved in abuse situations. The decision also gives the public the right to review documents such as care facility inspection reports. The Iowa Department of Inspections and Appeals keeps a database of more than 18,000 nursing home inspection reports, which is accessible to the public online.

Read the full article at The Des Moines Register online.

SOURCE: Nursing Home Abuse › Abuse Records Reopened

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Other states on the “worst reporting” list are Arizona, Missouri, New Mexico, Oklahoma, South Carolina and South Dakota.

Results of the report were published in the New York Times May 15, which says the study “reveals a widespread ‘understatement of deficiencies’ including malnutrition, severe bedsores, overuse of prescription medications, and nursing home resident abuse.”

The study was requested by Sen. Charles E. Grassley (R-Iowa) and Sen. Herb Kohl (D-Wis., Chairman, Senate Special Committee on Aging). They have introduced a bill to upgrade nursing home care and increase penalties for federal standards violations.

Beasley Allen hears from people every day who are shocked and grieved to find their loved ones have suffered at the hands of the very people they expect to provide expert care and compassion. Certainly, increasing penalties seems like a step in the right direction.

David P. Sloane, a spokesperson for the AARP, which lobbies for older Americans, praises the effort, quoted by the Times as saying it is “one of the most significant nursing home reform initiatives” in two decades.

Read the full story in the New York Times.

SOURCE: Nursing Home Abuse › Alabama Among Worst

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According to the National Center on Elder Abuse (NCEA), no one knows precisely how many older Americans are being abused, neglected, or exploited. This is because there are no official national statistics.

Adding to the problem, there are no federal standards that govern residential care facilities, which are known by more than 30 different names across the country, perhaps most commonly as assisted living facilities.

In her testimony before the U.S. Senate Committee on Finance in June 2002, Catherine Hawes, Ph.D., a professor in the Department of Health Policy and Management School or Rural Public Health at Texas A&M University system Health Science Center, pointed out that there has never been a systematic study of the prevalence of abuse in nursing homes. She said much of what we know is based on individual stories or focus group interviews with residents and families.

But what we do know is frightening.

• According to the best available estimates, between 1 and 2 million Americans age 65 or older have been injured, exploited or otherwise mistreated by someone on whom they depended for care or protection.
  Only 1 in 14 incidents of elder abuse in domestic settings come to the attention of authorities.
  For every one case of elder abuse, neglect, exploitation, or self-neglect reported to authorities, about five more go unreported.

The major types of elder abuse are physical abuse, which includes inappropriate use of drugs and physical restraints; sexual abuse; emotional or psychological abuse, which, in addition to verbal attacks or intimidation includes enforced social isolation and treating an older person like an infant; neglect; abandonment; and financial or material exploitation.

In 2003, state Long Term Care Ombudsman programs nationally investigated 20,673 complaints of abuse, gross neglect, and exploitation on behalf of nursing home and board and care residents. Physical abuse was the most common type reported.

Another study released in 2001 reported that based on information collected between January 1999 and January 2000 by a nursing home complaint database, 10 percent of nursing homes in the U.S. were cited for abuse violations that caused actual harm to residents or placed them in immediate jeopardy of death or serious injury.

If you or a loved one suffered a serious injury due to nursing home abuse or neglect, you have specific legal rights. For a free legal consultation, please contact us today

SOURCE: Nursing Home Abuse › 2 million elderly victims

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Of those 23 homes, 16 stand to collect bonus Medicaid payments this year from state and federal taxpayers, according to the Register. The bonuses are tied to a state program that rewards nursing homes for providing quality, cost-effective care.

Elderly abuse is a crime. If you or a loved one have suffered nursing home abuse and neglect, please contact us today or call your local law enforcement agency.

Here’s how much each home was fined in 2007 and how much it stands to collect this year in performance-based bonuses. The homes are ranked based on the amount of their 2007 fines.

Meadow Lawn Health Care, Davenport
2007 fines: $33,350
2008 bonus: $0
Goldenrod Manor Care Center, Clarinda
2007 fines: $20,000
2008 bonus: $9,680
ManorCare, West Des Moines
2007 fines: $19,500
2008 bonus: $0
Risen Son Christian Village, Council Bluffs
2007 fines: $18,500
2008 bonus: $0
The Abbey, Le Mars
2007 fines: $17,300
2008 bonus: $11,339
Cedar Falls Health Care Center
2007 fines: $16,500
2008 bonus: $0
Iowa Masonic Home, Bettendorf
2007 fines: $15,000
2008 bonus: $44,502
USA Healthcare, Urbandale
2007 fines: $13,400
2008 bonus: $76,859
Ramsey Village, Des Moines
2007 fines: $13,000

2008 bonus: $8,133

Glen Haven Home, Glenwood
2007 fines: $13,000
2008 bonus: $12,028
Park View Care Center, Burlington
2007 fines: $12,250
2008 bonus: $22,418
Woodlands Rehabilitation Center, Council Bluffs
2007 fines: $12,000
2008 bonus: $33,801
Lantern Park Nursing and Rehabilitation Center, Coralville
2007 fines: $12,000
2008 bonus: $0
Good Samaritan Home, Villisca
2007 fines: $11,500
2008 bonus: $25,198
Wesley Acres, Des Moines
2007 fines: $11,500
2008 bonus: $8,894
Nelson Nursing Home, Fairfield
2007 fines: $11,500
2008 bonus: $17,972
Oakwood Nursing and Rehabilitation Center, Albia
2007 fines: $11,500
2008 bonus: $0
Red Oak Rehabilitation and Care Center
2007 fines: $11,000
2008 bonus: $9,225

Riverside Manor, Ames
2007 fines: $10,500
2008 bonus: $0
Windmill Manor, Coralville
2007 fines: $10,500
2008 bonus: $24,811
The Manor, Malvern
2007 fines: $10,350
2008 bonus: $18,555
Clearview Home, Mount Ayr
2007 fines: $10,000
2008 bonus: $57,552
Elm Crest Retirement Community, Harlan
2007 fines: $10,000
2008 bonus: $24,142

Source: Iowa Department of Human Services, Iowa Department of Inspections and Appeals. (Specialized facilities, hospital affiliates and state-run homes do not participate in the bonus program.)

SOURCE: Nursing Home Abuse › Nursing home fines, bonuses

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Sadlier transferred her mother, Rita, from a hospital to a nursing home, thinking she would get rehabilitation. Instead, her mother received poor care and even an injury. Although Rita was there for just a week, Sadlier says she saw so much nursing home neglect that she had to take her mother out of the home.

Rita was initially taken to the hospital around April 4th of this year. She went in for congestive heart failure, thin blood and liver problems. On April 18th, after the hospital determined Rita was doing better, she was transferred to a nursing home. “My impression was that she would be rehabilitated to get back to where she before she went to hospital,” Sadlier says. “She wasn’t in the best of health, but she was getting by. I didn’t expect her to start doing cartwheels or anything. It was supposed to be for rehab.”

On her first visit to the nursing home, Sadlier was shocked by what she saw. “I went into her room and my mother was lying naked in bed,” Sadlier says. “No gown or anything. I’ve never, ever seen my mother like that-she was modest. So I had to go and find someone to get me a gown and help me put it on her.”

Next, Sadlier says that Rita was being given medication and had to go to the bathroom. “My mother was heavy, so I know they might have had trouble helping her to the bathroom,” Sadlier says. “But the nurse said ‘just go’ even though there was no catheter or bedpan nearby. All I could think was, ‘Don’t we use bedpans anymore?’ She went to the home so she could learn to do things herself again, and she was being told to ‘just go’ where she was.”

The problems did not stop there. Sadlier says that her mother, who had congestive heart failure, had fluid restrictions. However, on Rita’s meal tray someone had written a note to staff: “Force fluids.” Another time when Sadlier was visiting her mother, no one even brought in a food tray. She says she had to go ask for one and is certain that if she had not been there, her mother would have missed that meal.

Sadlier says her mother was also supposed to have a special mattress, but one was never put on the bed. After visiting her mother and finding her naked in bed yet again, Sadlier had enough. “She was supposed to be there for rehab, but she was always just laying there. The hospice said that she wasn’t good enough for rehab, but that’s what she was admitted for. The physical therapist said that she was in the wrong section; that she had been put in the Alzheimer’s section instead of rehab and the home said that there were no beds available in rehab to move her to. But I found out later, there were. My daughter’s friend works at the home and told us that someone else had been transferred from the hospital directly to the rehab section. They lied to me.”

After an enormous struggle to have her mother removed from the nursing home, Sadlier was finally allowed to take her mother home. However, even that was complicated. “The ambulance didn’t bring her to my home,” Sadlier says. “They took her to the hospital because the nursing home sent the wrong paperwork–it didn’t have my signature on it. And she was on the gurney, upside down, with her hands tied to the side of the bed. It broke my heart. She had ulcers all over her butt, back, arms and legs. The ambulance attendant took pictures of it because he remembered her from earlier when she went into the hospital.”

Just over a day later, at age 79, Rita died at her daughter’s home. “She was home for a day before she died,” Sadlier says. “I’m just so thankful that I got her out of there. I would never have been able to live with myself if she died in that nursing home. There was so much going on there and I didn’t want to say anything because I didn’t want them to treat her worse.”

Since helping to care for her grandmother, Sadlier’s daughter has decided to become a nurse. “She told us we have to turn people who are in bed (like my mother was) every two hours,” Sadlier says. “They never did that for my mother at the home. I was there quite a bit. So were my aunt and my sister. None of us saw them turn her or care for her properly.”

Source: http://www.lawyersandsettlements.com/articles/01651/nursing-home-negligence.html

SOURCE: Nursing Home Abuse › Speak out!

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Anthony Vincent Digiannurio was eventually taken to the Florida Hospital DeLand by ambulance, where he was initially admitted for respiratory problems. However, after examining him, hospital staff were shocked to find he had an infected breathing tube, a partially inserted catheter, bed sores, and maggots in one of his eyes.

His daughter, Laura, expressed distress and disgust at her father’s treatment, saying she had placed all her faith in the University Center West nursing facility to provide care and comfort for her dad. She planned to move him to a veteran’s nursing home upon his recovery.

Source: elder-abuse-cyberray.blogspot.com/2007/11/purple-heart-veteran-nursing-home-with.html

SOURCE: Nursing Home Abuse › decorated veteran abuse victim

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Shortly after entering Olive Branch Senior Care, Nelms had to be taken to a hospital because of infected pressure sores, weight loss, malnutrition and dehydration, the lawsuit alleged.

He died six days later from the infected pressure sores, one of which was so advanced it went to the bone and was infected with his own feces, according to the lawsuit.

The nursing facility is owned by Brown Development Inc. and D. Brown Enterprises Inc.

SOURCE: Nursing Home Abuse › $1 million neglect verdict

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According to a report by local television station WAVE3 in November 2007, family members say Rev. Graham, who had required full-time nursing care since 1999 after a fall left him a quadriplegic with a serious brain injury, began a quick decline in health after entering the Harborside facility in January 2007. Prior to that time, he was cared for at a different facility, where he experienced no problems during his six-year stay, according to his sister, Sherry Cooke.

According to the WAVE3 report, incidents of neglect included severe bed sores, a feeding tube being turned or left off repeatedly resulting in dramatic weight loss, and medications missed or administered incorrectly.

The family says Adult Protective Services investigated and substantiated their claim of caretaker neglect. However, the nursing home released a statement to the TV station saying they had complied with the state department of health and the office of Inspector General in their investigations in the family’s concerns, and that the agencies found the care center acted appropriately in the care of the individual.

SOURCE: Nursing Home Abuse › A family’s worst fear

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