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	<title>Nursing Home Abuse &#187; claims</title>
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		<title>Crisan says innocent in case of nude photos of nursing home residents</title>
		<link>http://www.nursinghome-legal.com/news/2009/08/05/crisan-says-innocent-in-case-of-nude-photos-of-nursing-home-residents/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/08/05/crisan-says-innocent-in-case-of-nude-photos-of-nursing-home-residents/#comments</comments>
		<pubDate>Wed, 05 Aug 2009 16:57:52 +0000</pubDate>
		<dc:creator>Wendi Lewis</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[Virginia]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=1271</guid>
		<description><![CDATA[One of the young women accused this week of taking nude photos of residents of a Virginia nursing home without their consent has told news station WSLS that she is innocent of any wrongdoing. Livia Crisan, 25, turned herself in to police on Thursday after talking with WSLS reporter Lindsey Ward. Crisan, a nursing assistant, [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/08/05/crisan-says-innocent-in-case-of-nude-photos-of-nursing-home-residents/">Crisan says innocent in case of nude photos of nursing home residents</a></p>



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			<content:encoded><![CDATA[<p>One of the young women accused this week of taking <strong>nude photos of residents</strong> of a Virginia <strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> without their consent has told <a href="http://www.wsls.com/sls/news/local/new_river_valley/article/galax_police_make_2nd_arrest_in_nursing_home_pornographic_pictures_case/42642/">news station WSLS</a> that she is innocent of any wrongdoing. Livia Crisan, 25, turned herself in to police on Thursday after talking with WSLS reporter Lindsey Ward. Crisan, a nursing assistant, told the reporter she did photograph a man in her care, but he was fully clothed at the time.<span id="more-1271"></span></p>
<p>WSLS began investigating reports of a crime at <strong>Waddell Nursing and Rehab facility</strong> earlier this week, after they learned Galax police were investigating multiple <strong><a href="http://www.nursinghome-legal.com/" title="" rel="external">nursing home abuse</a></strong> claims at the facility. Initially, nursing home administrators told the reporter that there was evidence some residents&#8217; rights had been violated. The TV station later learned that those violations involved pornographic images of the residents taken without their knowledge.</p>
<p>Police also have arrested former nursing home worker <strong>Sharon Walker</strong>. Both women were charged with two counts of &#8220;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&#8217;s permission.&#8221;</p>
<p>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.</p>
<p>Crisan told the reporter, &#8220;I want people to know that I did nothing wrong.&#8221;</p>
<p>The case is currently under investigation by the Galax Police Department.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/08/05/crisan-says-innocent-in-case-of-nude-photos-of-nursing-home-residents/">Crisan says innocent in case of nude photos of nursing home residents</a></p>


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		<title>Nursing home group must pay Latino workers in discrimination lawsuit</title>
		<link>http://www.nursinghome-legal.com/news/2009/04/21/nursing-home-group-must-pay-latino-workers-in-discrimination-lawsuit/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/04/21/nursing-home-group-must-pay-latino-workers-in-discrimination-lawsuit/#comments</comments>
		<pubDate>Tue, 21 Apr 2009 13:00:44 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Nursing Home Links]]></category>
		<category><![CDATA[California]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[discrimination]]></category>
		<category><![CDATA[EEOC]]></category>
		<category><![CDATA[Equal Opportunity Commission]]></category>
		<category><![CDATA[fire]]></category>
		<category><![CDATA[Latinos]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[Los Angeles]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[nursing homes]]></category>
		<category><![CDATA[Skilled Healthcare Group]]></category>
		<category><![CDATA[Texas]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=1085</guid>
		<description><![CDATA[Latinos who worked in California and Texas nursing homes owned by Skilled Healthcare Group Inc. who claimed they were punished for speaking Spanish while at work will receive up to $450,000, free English classes and other compensation under a consent decree from a class-action lawsuit filed by the U.S. Equal Employment Opportunity Commission in Los [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/21/nursing-home-group-must-pay-latino-workers-in-discrimination-lawsuit/">Nursing home group must pay Latino workers in discrimination lawsuit</a></p>



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			<content:encoded><![CDATA[<p><strong>Latinos</strong> who worked in <strong>California</strong> and <strong>Texas</strong> <strong>nursing homes</strong> owned by <strong>Skilled Healthcare Group Inc</strong>. who claimed they were punished for speaking Spanish while at work will receive up to $450,000, free English classes and other compensation under a consent decree from a <strong>class-action lawsuit</strong> filed by the <strong>U.S. Equal Employment Opportunity Commission</strong> in Los Angeles, according to the <a href="http://www.latimes.com/features/health/la-me-english16-2009apr16,0,4795731.story">Los Angeles Times</a>.<span id="more-1085"></span></p>
<p>The lawsuit claims that <strong>Skilled Healthcare Group</strong> issued a rule that Latinos must speak English only, even with other Spanish-speaking residents at the home, while on <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a> grounds, and during breaks. However, that rule was not enforced with individuals from other ethnic groups, such as Tagalog. The <strong>Latino</strong> workers also claimed they suffered from other forms of harassment from nursing home management.</p>
<p>The nursing home group disputed the allegations, saying it settled the lawsuit to avoid an expensive and time-consuming lawsuit.</p>
<p>One Latino nursing aide said a Spanish-speaking resident told her in Spanish that she needed to use the bathroom. When the aide responded in Spanish she was told by a supervisor that she would be disciplined and possibly fired if she continued to speak Spanish while at work.</p>
<p>The conscent decree requires <strong>Skilled Healthcare Group</strong> to divide $180,000 among 53 workers as well as offer them English classes. Upon completion of the classes, each worker will receive an additional $2,500. The nursing home group also will provide antidiscrimination training. The group was also instructed to hire a monitor to ensure the home complies with federal law.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/21/nursing-home-group-must-pay-latino-workers-in-discrimination-lawsuit/">Nursing home group must pay Latino workers in discrimination lawsuit</a></p>


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		<title>Eldercare advocate rallies family members to fight for better care</title>
		<link>http://www.nursinghome-legal.com/news/2009/04/15/eldercare-advocate-rallies-family-members-to-fight-for-better-care/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/04/15/eldercare-advocate-rallies-family-members-to-fight-for-better-care/#comments</comments>
		<pubDate>Wed, 15 Apr 2009 13:00:00 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[A Perfect Cause]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[advocacy]]></category>
		<category><![CDATA[attorney]]></category>
		<category><![CDATA[Castle Manor]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[Hot Springs]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[nursing homes]]></category>
		<category><![CDATA[sexual abuse]]></category>
		<category><![CDATA[South Dakota]]></category>
		<category><![CDATA[Wes Bledsoe]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=1014</guid>
		<description><![CDATA[Eldercare advocate Wes Bledsoe stood among nearly 100 residents from Hot Springs, South Dakota last week, and rallied them to take action and change federal and state guidelines that impede speedy reporting of incidents that harm vulnerable elderly in the state’s nursing homes. The meeting was his second since early last month, when he held [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/15/eldercare-advocate-rallies-family-members-to-fight-for-better-care/">Eldercare advocate rallies family members to fight for better care</a></p>



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			<content:encoded><![CDATA[<p>Eldercare advocate <strong>Wes Bledsoe</strong> stood among nearly 100 residents from <strong>Hot Springs, South Dakota</strong> last week, and rallied them to take action and change federal and state guidelines that impede speedy reporting of incidents that harm vulnerable elderly in the state’s nursing homes.</p>
<p>The meeting was his second since early last month, when he held a town hall meeting with an audience of more than 200 focusing on recent allegations of <strong><a href="http://www.beasleyallen.com/focus/Sexual-Abuse/" title="" rel="external">sexual abuse</a></strong> of residents at <strong>Castle Manor</strong> by a <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a> aide at the home. According to family members, it took days for the nursing home to file the sexual abuse claims with the Department of Health, and the accused abuser continued to work at the home for weeks after the initial complaint was made.<span id="more-1014"></span></p>
<p>Concerned family members of one of the victims contacted Bledsoe, founder of the victims watchdog group <strong>A Perfect Cause</strong>, who has received much publicity for his efforts to fight elder care in nursing homes. He traveled to Hot Springs to conduct a town hall meeting last month and returned last week after receiving dozens of calls from family members of victims wanting advice on how to best seek justice.</p>
<p>One audience member last week asked Bledsoe if he planned to contact <strong>Castle Manor</strong> administration, which Bledsoe was quoted in the <a href="http://www.rapidcityjournal.com/articles/2009/04/10/news/local/doc49ded788b95af867793851.txt">Rapid City Journal</a> as replying, &#8220;I don&#8217;t make a practice to meet with administrators. By the time I am called, the time for talking is past, and it is time to take action.&#8221;</p>
<p>Bledsoe said he had talked with the Fall River County State’s Attorney about the case, but did not disclose the details of that conversation. But he urged those in the audience to join his fight. &#8220;Call your state and national representatives and senators,&#8221; Bledsoe was quoted in the newspaper. &#8220;We can address many things through advocacy, but I need more help.&#8221;</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/15/eldercare-advocate-rallies-family-members-to-fight-for-better-care/">Eldercare advocate rallies family members to fight for better care</a></p>


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		<title>Nursing home chain accused of substandard, life-threatening care</title>
		<link>http://www.nursinghome-legal.com/news/2009/04/14/nursing-home-chain-accused-of-substandard-life-threatening-care/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/04/14/nursing-home-chain-accused-of-substandard-life-threatening-care/#comments</comments>
		<pubDate>Tue, 14 Apr 2009 15:12:59 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[attorney]]></category>
		<category><![CDATA[attorneys]]></category>
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		<category><![CDATA[Colorado]]></category>
		<category><![CDATA[Denver]]></category>
		<category><![CDATA[Health Care Availability Act]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[malnutrition]]></category>
		<category><![CDATA[neglect]]></category>
		<category><![CDATA[Negligence]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[nursing home abuse]]></category>
		<category><![CDATA[nursing home neglect]]></category>
		<category><![CDATA[nursing homes]]></category>
		<category><![CDATA[SavaSeniorCare]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=1017</guid>
		<description><![CDATA[A lawsuit filed on behalf of a class of thousands of residents at 27 Colorado nursing homes operated by SavaSeniorCare claims that state officials allowed the nursing homes to operate without insurance in violation of state law, leaving residents without means to sue when they are abused and neglected, according to the Denver Post. The lawsuit was [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/14/nursing-home-chain-accused-of-substandard-life-threatening-care/">Nursing home chain accused of substandard, life-threatening care</a></p>



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			<content:encoded><![CDATA[<p>A lawsuit filed on behalf of a class of thousands of residents at 27 <strong>Colorado</strong> nursing homes operated by <strong>SavaSeniorCare</strong> claims that state officials allowed the nursing homes to operate without insurance in violation of state law, leaving residents without means to sue when they are abused and neglected, according to the <a href="http://www.denverpost.com/news/ci_12119677">Denver Post</a>.<span id="more-1017"></span></p>
<p>The lawsuit was filed on behalf of family members of four people who died in the homes from dehydration, malnutrition and blood poisoning caused by neglected bed sores. The suit is also filed on behalf of a man who lost a testicle after being scalded during an act of abuse at the home. The suit cites <strong>“grossly substandard care, life-threatening care,” </strong>and <strong>negligence</strong>.</p>
<p>The <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a> group is also being sued for deceptive trade practices for promoting its nursing homes as providing quality care when, in fact, the homes have among the worst records in the state, according to the report.</p>
<p>The <strong>Health Care Availability Act</strong> requires all nursing homes be insured for $3 million each year with a cap of $500,000 per incident. In 2004, the <strong>Colorado Department of Public Health and Environment</strong> adopted a policy that allowed nursing homes to be self-insured provided they submit an affidavit stating that it has set aside $1 million for insurance claims.</p>
<p>However, investigators have found the affidavits are false and that the homes have no money set aside for any insurance claims. Attorneys for the families claim that the state did nothing to verify the affidavits were valid and that the nursing homes had set aside the money even though state law requires approval of self-insurance plans.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/14/nursing-home-chain-accused-of-substandard-life-threatening-care/">Nursing home chain accused of substandard, life-threatening care</a></p>


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		<title>Nursing home manager faces claims of abuse, neglect</title>
		<link>http://www.nursinghome-legal.com/news/2009/04/11/nursing-home-manager-faces-claims-of-abuse-neglect/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/04/11/nursing-home-manager-faces-claims-of-abuse-neglect/#comments</comments>
		<pubDate>Sat, 11 Apr 2009 13:00:25 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
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		<category><![CDATA[nursing home]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=996</guid>
		<description><![CDATA[A former manager at a Cambridgeshire, England nursing home says he is the victim of sabotage by disgruntled staff members who didn’t agree with his measures to improve the facility’s poor standards. But the claims made against him are mounting, according to the Cambridge News. One report says that John Mitchell-Whiteford, the former manager at [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/11/nursing-home-manager-faces-claims-of-abuse-neglect/">Nursing home manager faces claims of abuse, neglect</a></p>



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			<content:encoded><![CDATA[<p>A former manager at a <strong>Cambridgeshire, England <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> says he is the victim of sabotage by disgruntled staff members who didn’t agree with his measures to improve the facility’s poor standards. But the claims made against him are mounting, according to the <a href="http://www.cambridge-news.co.uk/cn_news_home/DisplayArticle.asp?ID=406146">Cambridge News</a>.<span id="more-996"></span></p>
<p>One report says that <strong>John Mitchell-Whiteford</strong>, the former manager at the <strong>Drey House Nursing Home in St. Neots</strong>, left a fallen resident on the floor for an hour and a half, stepping over her at one point while she lay there. He reportedly shouted at the resident and took a walking stick away from her even though she needed the stick for mobility.</p>
<p>The daughter of that victim, Carol Porter, claims her 90-year-old mother who suffered from Alzheimer’s disease was left unclean and freezing cold in a room with open windows. Porter referred to the home as a “war zone,” adding that the staff at the nursing home were negative and the facility was overrun with concerning incidents. Porter said her mother “looked as if she was fading away, she seemed malnourished.&#8221;</p>
<p>The allegations date back to 2002, when Mitchell-Whiteford was named clinical manager. He claims the complaints stem from employees who resisted actions to improve the quality of care at the nursing home. The mental health nurse faces charges brought by the <strong>Nursing and Midwifery Council</strong>. Mitchell-Whiteford could be fired if found guilty of the actions. A hearing, which began late last month, has been scheduled to resume in September.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/11/nursing-home-manager-faces-claims-of-abuse-neglect/">Nursing home manager faces claims of abuse, neglect</a></p>


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		<title>Tennessee nursing home cited, residents in immediate jeopardy</title>
		<link>http://www.nursinghome-legal.com/news/2009/03/28/tennessee-nursing-home-cited-residents-in-immediate-jeopardy/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/03/28/tennessee-nursing-home-cited-residents-in-immediate-jeopardy/#comments</comments>
		<pubDate>Sat, 28 Mar 2009 13:00:43 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[CMS]]></category>
		<category><![CDATA[deficiencies]]></category>
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		<category><![CDATA[Lebanon]]></category>
		<category><![CDATA[Medicaid]]></category>
		<category><![CDATA[Medicare]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[Tennessee]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=937</guid>
		<description><![CDATA[The news took the staff at Quality Care Health Center in Lebanon, Tennessee by surprise. The Tennessee Department of Health issued a ban on new admissions, claiming those at the home are in immediate jeopardy, according to News Channel 5. The announcement was spurred by a recent state and Federal Center for Medicare-Medicaid Services inspection [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/28/tennessee-nursing-home-cited-residents-in-immediate-jeopardy/">Tennessee nursing home cited, residents in immediate jeopardy</a></p>



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			<content:encoded><![CDATA[<p>The news took the staff at <strong>Quality Care Health Center</strong> in <strong>Lebanon, Tennessee</strong> by surprise. <strong>The Tennessee Department of Health</strong> issued a ban on new admissions, claiming those at the home are in <strong>immediate jeopardy</strong>, according to <a href="http://www.newschannel5.com/Global/story.asp?S=10080451">News Channel 5</a>.</p>
<p>The announcement was spurred by a recent state and <strong>Federal Center for Medicare-Medicaid Services</strong> inspection that found the center in violation of physician services, nursing services and medical records. <span id="more-937"></span></p>
<p>The <strong>inspection</strong> also raised questions about several patients whose weight had dropped dramatically. A spokesperson for the home says weight fluctuation among the elderly is not uncommon and oftentimes is unavoidable.</p>
<p>The state also claims a nurse did not keep proper medical records on a patient and didn’t notify the patient’s physician about problems with that patient’s health, which put that patient in <strong>immediate jeopardy</strong>.</p>
<p>Quality Care Health Center was ordered to put together a corrective action plan, which already has been approved by the state. The state will now perform another inspection of the facility. If no deficiencies are noted and the problems have in fact been addressed, the state will lift the suspension and Quality Care will be able to admit new residents. However, if the state inspection finds that action has not been taken to correct the problems that caused the admissions ban at the home by April 3, the Federal government will halt Medicare and Medicaid funds for residents.</p>
<p>&#8220;We are working with the state of Tennessee, as well as CMS to get this corrected immediately,” the <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a> spokesperson said to News Channel 5.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/28/tennessee-nursing-home-cited-residents-in-immediate-jeopardy/">Tennessee nursing home cited, residents in immediate jeopardy</a></p>


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		<title>Iowa nursing home fined for indifference to sexual abuse claims</title>
		<link>http://www.nursinghome-legal.com/news/2009/03/20/iowa-nursing-home-fined-for-indifference-to-sexual-abuse-claims/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/03/20/iowa-nursing-home-fined-for-indifference-to-sexual-abuse-claims/#comments</comments>
		<pubDate>Fri, 20 Mar 2009 18:12:53 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[Des Moines Register]]></category>
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		<category><![CDATA[Iowa]]></category>
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		<category><![CDATA[sexual abuse]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=904</guid>
		<description><![CDATA[An Iowa nursing home has been ordered to pay $7,000 in federal fines for not investigating complaints from staff and residents about sexual abuse from a male nursing aide. Eight separate incidents of abuse against different residents had been made to managers and supervisors at New Homestead Care Center involving staffer Juan Bautista-Meraz, according to [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/20/iowa-nursing-home-fined-for-indifference-to-sexual-abuse-claims/">Iowa nursing home fined for indifference to sexual abuse claims</a></p>



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			<content:encoded><![CDATA[<p>An <strong>Iowa <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> has been ordered to pay $7,000 in federal fines for not investigating complaints from staff and residents about <strong><a href="http://www.beasleyallen.com/focus/Sexual-Abuse/" title="" rel="external">sexual abuse</a></strong> from a male <strong>nursing aide</strong>. Eight separate incidents of abuse against different residents had been made to managers and supervisors at New Homestead Care Center involving staffer <strong>Juan Bautista-Meraz</strong>, according to the <a href="http://www.desmoinesregister.com/article/20090315/NEWS10/903150333/-1/BUSINESS04">Des Moines Register</a>.<span id="more-904"></span></p>
<p>The most shocking complaint involves a <strong>mentally disabled</strong> female resident. One worker says she had to force her way into that resident’s room because the door had been secured with a chair. When she entered, the worker says she saw Bautista-Meraz bent over the resident, who was partially dressed. The woman was bleeding from the vagina. Bautista-Meraz claimed he was cleaning the woman though he had no cleaning supplies with him. The nursing home countered the claim by saying it was not unusual for staff to secure the resident’s door with the chair, and that the bleeding was not uncommon in the resident as she suffered from abdominal cancer.</p>
<p>Other incidents include one resident claiming Bautista-Meraz ordered her to undress while he watched. Another says the aide grabbed her breast. And others say he was he was rough or handled them in a <strong>sexually suggestive</strong> manner. Bautista-Meraz has yet to be charged.</p>
<p>The home was cited by state inspectors in November 2006 for not reporting the allegations of abuse to the state Department of Health and not investigating the matters further. The home appealed the fine but <strong>Administrative Law Judge Jose Anglada</strong> upheld the decision saying the home &#8220;displayed indifference and disregard to resident care and safety.&#8221;</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/20/iowa-nursing-home-fined-for-indifference-to-sexual-abuse-claims/">Iowa nursing home fined for indifference to sexual abuse claims</a></p>


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		<title>Staffers leave nursing home residents unattended</title>
		<link>http://www.nursinghome-legal.com/news/2009/03/09/staffers-leave-nursing-home-residents-unattended/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/03/09/staffers-leave-nursing-home-residents-unattended/#comments</comments>
		<pubDate>Mon, 09 Mar 2009 15:53:35 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[advocacy]]></category>
		<category><![CDATA[Advocacy Centre for the Elderly]]></category>
		<category><![CDATA[Canada]]></category>
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		<category><![CDATA[Nova scotia]]></category>
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		<category><![CDATA[registered nurse]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=861</guid>
		<description><![CDATA[The elderly man at a Nova Scotia nursing home had fallen to the floor in his bathroom during the overnight hours of May 5-6. No one knows how long he had been lying there, but the light from the bathroom prompted his roommate to ring the call bell to have staff turn off the light. [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/09/staffers-leave-nursing-home-residents-unattended/">Staffers leave nursing home residents unattended</a></p>



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			<content:encoded><![CDATA[<p>The elderly man at a <strong>Nova Scotia <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> had fallen to the floor in his bathroom during the overnight hours of May 5-6. No one knows how long he had been lying there, but the light from the bathroom prompted his roommate to ring the call bell to have staff turn off the light.<span id="more-861"></span></p>
<p>The three staff members in charge of the 39-bed home that night had been enjoying a 7- to 15-minute smoke break when they entered the facility and heard the bell. They went to the men’s room and found the one man on the floor of the bathroom. The workers notified the <strong>Health Department</strong>. The man who fell died three days later at a hospital, though the incident report says “there is no evidence to conclude that the resident’s death was, or was not, related to the allegations of neglect,” according to <a href="http://www.google.com/hostednews/canadianpress/article/ALeqM5hyWbauSuwLBaj_qQwTd_gNjbgznQ">The Canadian Press</a>.</p>
<p>It remains in question when the man fell – whether it was before the workers went outside or while they were outside. It is also unclear whether the bell was rung while the staff was on smoke break, or if the call came only after they re-entered the building. The workers claim they were just outside the building in the courtyard and that they would have heard the bell from a nearby open window.</p>
<p>The <strong>Health Department</strong> report claims the bell could not be heard outdoors. The nursing home responded by issuing a memo to staff about not leaving residents unattended. The home also took disciplinary action against the employees, firing one for his role in the incident. The College of Registered Nurses held a professional misconduct investigation and issued a formal reprimand to a nurse in the unit.</p>
<p>A spokesman with the <strong>Advocacy Centre for the Elderly</strong> in Toronto said leaving residents unattended is very serious. “Even a 10-minute period can result in someone’s death if you have a serious situation.”</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/09/staffers-leave-nursing-home-residents-unattended/">Staffers leave nursing home residents unattended</a></p>


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		<title>State attorney hopes to form nursing home death review team</title>
		<link>http://www.nursinghome-legal.com/news/2009/03/06/state-attorney-hopes-to-form-nursing-home-death-review-team/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/03/06/state-attorney-hopes-to-form-nursing-home-death-review-team/#comments</comments>
		<pubDate>Fri, 06 Mar 2009 15:49:47 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<category><![CDATA[death]]></category>
		<category><![CDATA[death review team]]></category>
		<category><![CDATA[deaths]]></category>
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		<category><![CDATA[DuPage County]]></category>
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		<category><![CDATA[Elder Abuse Fatality Review Team]]></category>
		<category><![CDATA[Illinois]]></category>
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		<category><![CDATA[Negligence]]></category>
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		<category><![CDATA[physical abuse]]></category>
		<category><![CDATA[Sarah Wentworth]]></category>
		<category><![CDATA[wander]]></category>
		<category><![CDATA[Wandering]]></category>
		<category><![CDATA[Wentworth]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=854</guid>
		<description><![CDATA[DuPage County, Illinois officials are stepping up their investigations into allegations of physical abuse of elderly in nursing homes and in-home health care settings, spurred in part by the horrifying story of a nursing home resident who froze to death last month after wandering outside her nursing home, according to the Chicago Tribune. The freezing [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/06/state-attorney-hopes-to-form-nursing-home-death-review-team/">State attorney hopes to form nursing home death review team</a></p>



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			<content:encoded><![CDATA[<p><strong><img class="alignleft size-thumbnail wp-image-858" title="illinois_state_seal" src="http://www.nursinghome-legal.com/media/2009/03/illinois_state_seal-150x150.gif" alt="illinois state seal 150x150" width="150" height="150" />DuPage County, Illinois</strong> officials are stepping up their investigations into allegations of <strong>physical abuse of elderly</strong> in <strong>nursing homes</strong> and in-home health care settings, spurred in part by the horrifying story of a <a href="http://www.nursinghome-legal.com"><strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong></a> resident who <a href="http://www.nursinghome-legal.com/news/2009/02/13/illinois-woman-freezes-to-death-outside-nursing-home/">froze to death</a> last month after wandering outside her <strong>nursing home</strong>, according to the <a href="http://www.chicagotribune.com/news/local/chi-elder-abuse-w-zone-06-mar06,0,3047061.story">Chicago Tribune</a>.<span id="more-854"></span></p>
<p>The freezing death of <strong>Sarah Wentworth</strong> has sent chills through the <strong>Itasca, Illinois,</strong> community where she lived – and subsequently died – at a <strong>nursing home</strong>. <strong>Wentworth</strong> suffered from <strong>dementia</strong>, which leaves its victims prone to wandering. She wore a band that would signal an alarm on the door if she wandered through it. Unfortunately, the nurses aide on duty the night <strong>Wentworth</strong> died was too caught up on a television show to pay attention to the alarm. Wentworth was left outdoors for five hours before she was found. By then it was too late and nursing home staff are being blamed for trying to cover up their negligence.</p>
<p>A state attorney wants to ensure more needless deaths like <strong>Wentworth&#8217;s</strong> don’t happen in <strong>nursing homes</strong>. He is urging the Illinois Department on Aging to establish an <strong>Elder Abuse Fatality Review Team</strong> to investigate claims of violence against elderly residents age 60 and older, including accessing previously restricted information such as <strong>nursing home records</strong>. The team would be made up of state attorneys, the sheriff, the county coroner, nursing home associations and senior citizen agencies.</p>
<p>A similar <strong>death review team</strong> was established last summer to review fatalities among senior citizens in domestic living situations. That team can investigate home care cases and retirement homes, but cannot investigate <strong>nursing home</strong> claims.</p>
<p>State approval for the <strong>Elder Abuse Fatality Review Team</strong> should come within the next few months. Team membership would be solicited shortly thereafter.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/06/state-attorney-hopes-to-form-nursing-home-death-review-team/">State attorney hopes to form nursing home death review team</a></p>


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		<title>New rule makes obtaining nursing home information more difficult</title>
		<link>http://www.nursinghome-legal.com/news/2009/02/26/new-rule-makes-obtaining-nursing-home-information-more-difficult/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/02/26/new-rule-makes-obtaining-nursing-home-information-more-difficult/#comments</comments>
		<pubDate>Thu, 26 Feb 2009 14:48:57 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=820</guid>
		<description><![CDATA[A new rule issued in September by the Bush Administration has made a once routine process of obtaining information from nursing homes to back up claims of abuse and neglect almost impossible. That juggernaut has people who are suing nursing homes wrangling between state and federal officials, according to the Washington Post. Apparently the new [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/02/26/new-rule-makes-obtaining-nursing-home-information-more-difficult/">New rule makes obtaining nursing home information more difficult</a></p>



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			<content:encoded><![CDATA[<p>A new rule issued in September by the <strong>Bush Administration</strong> has made a once routine process of obtaining information from <a href="http://www.nursinghome-legal.com"><strong>nursing homes</strong></a> to back up claims of <strong><a href="http://www.nursinghome-legal.com/tag/abuse-and-neglect/" class="st_tag internal_tag" rel="tag" title="Posts tagged with abuse and neglect">abuse and neglect</a></strong> almost impossible. That juggernaut has people who are suing <strong>nursing homes</strong> wrangling between state and federal officials, according to the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/02/23/AR2009022302752.html">Washington Post</a>.<span id="more-820"></span></p>
<p>Apparently the new rule slid under most radars, but the results have left those pursing lawsuits fighting a more difficult battle than before to prove their cases against <strong>nursing homes</strong>. The rule designates state inspectors and <strong>Medicare</strong> and <strong>Medicaid</strong> contractors as federal employees, which helps prevent them from getting involved in private litigation without approval from the head of the <strong>Department of Health and Human Services</strong>.</p>
<p>Litigants now must jump through more hoops – like obtaining court orders – to get information that was once much easier to obtain, such as inspection reports. Those inspection reports can often reveal signs of <strong>abuse or neglect</strong> that the average person may not be aware of.</p>
<p>Proponents of the ruling say that it was necessary in order to hire new contractors to carry out activities like federal payments to providers, perform audits and oversee certification and surveys of nursing homes.</p>
<p>A representative from the <strong>American Health Care Association</strong> says the organization also is having difficulty getting details on how state inspectors determine penalties and citations. But, it seems, it’s the victims of potential <a href="http://www.nursinghome-legal.com/tag/abuse-and-neglect/" class="st_tag internal_tag" rel="tag" title="Posts tagged with abuse and neglect">abuse and neglect</a> who will suffer the most.</p>
<p>According to a representative with the <strong>National Senior Citizens Law Center</strong> in Los Angeles, “This change hurts <strong>nursing-home residents</strong> and their families by allowing <strong>bad practices</strong> to be kept in secret by nursing homes and inspectors. … Government inspectors have the right to go into <strong>nursing homes</strong> and investigate, and they learn things that residents and families otherwise could never find out.&#8221;</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/02/26/new-rule-makes-obtaining-nursing-home-information-more-difficult/">New rule makes obtaining nursing home information more difficult</a></p>


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		<title>Kentucky nursing home facing most serious citation</title>
		<link>http://www.nursinghome-legal.com/news/2009/01/17/kentucky-nursing-home-facing-most-serious-citation/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/01/17/kentucky-nursing-home-facing-most-serious-citation/#comments</comments>
		<pubDate>Sat, 17 Jan 2009 14:00:18 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=620</guid>
		<description><![CDATA[The Kentucky Cabinet for Health and Family Services has issued its most serious citation against a Winchester nursing home and as a result it will lose its Medicare and Medicaid funding, according to the Lexington (Kentucky) Herald-Leader. The citation is based on claims of abuse and neglect at Winchester Centre for Health and Rehabilitation that [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/17/kentucky-nursing-home-facing-most-serious-citation/">Kentucky nursing home facing most serious citation</a></p>



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			<content:encoded><![CDATA[<p>The <strong>Kentucky Cabinet for Health and Family Services</strong> has issued its <strong>most serious citation</strong> against a Winchester <a href="http://www.nursinghome-legal.com"><strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong></a> and as a result it will lose its <strong>Medicare</strong> and <strong>Medicaid</strong> funding, according to the <a href="http://www.kentucky.com/211/story/656656.html">Lexington (Kentucky) Herald-Leader</a>. The citation is based on claims of <strong><a href="http://www.nursinghome-legal.com/tag/abuse-and-neglect/" class="st_tag internal_tag" rel="tag" title="Posts tagged with abuse and neglect">abuse and neglect</a></strong> at Winchester Centre for Health and Rehabilitation that Health and Family Services officials would not detail. However <strong>Nursing Home Ombudsman Agency</strong> executive director Kathy Gannoe says her agency has received <strong>31 complaints</strong> about the <strong>nursing home</strong>. Almost all were resolved satisfactorily, she says. However, the federal <strong><a href="http://www.nursinghome-legal.com/tag/centers-for-medicare-and-medicaid-services/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Centers for Medicare and Medicaid Services">Centers for Medicare and Medicaid Services</a></strong> plans to move forward on its plans to terminate its contract with the home by February 7.<span id="more-620"></span></p>
<p>If <strong>Winchester Centre</strong> loses its contract, the home will stop receiving <strong>Medicare</strong> and <strong>Medicaid</strong> payments from the federal government and will no longer be certified to care for patients receiving those services. In that event, patients at the home would then be transferred to certified <strong>nursing homes</strong>, which may result in the closing of <strong>Winchester Centre</strong>. Officials say they are unsure what will happen to <strong>Winchester Centre</strong> and that other options besides closing are available, such as bringing in a new group of professionals to run the <strong>nursing home</strong> and incurring daily fines until specific citations are resolved.</p>
<p>Currently, 166 patients reside in the 183-bed facility. The home offers <strong>skilled nursing and rehabilitative care</strong> as well as a special unit for patients with <strong>dementia</strong>. Central Kentucky already has lost 400 <strong>Medicaid</strong> beds for <strong>nursing home</strong> patients, said Gannoe. “It’s a disaster for Central Kentucky,&#8221; she says.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/17/kentucky-nursing-home-facing-most-serious-citation/">Kentucky nursing home facing most serious citation</a></p>


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		<title>Tennessee nursing homes lobby for caps on damage claims</title>
		<link>http://www.nursinghome-legal.com/news/2009/01/15/tennessee-nursing-homes-lobby-for-caps-on-damage-claims/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/01/15/tennessee-nursing-homes-lobby-for-caps-on-damage-claims/#comments</comments>
		<pubDate>Thu, 15 Jan 2009 14:00:20 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=601</guid>
		<description><![CDATA[Tennessee nursing homes are lobbying the legislature to put a cap on the amount of damages that plaintiffs can collect in court, according to a report in Nashville, Tennessee’s The City Paper. Sixteen states, including Tennessee, do not put monetary limit for damages such as pain and suffering, which has resulted in millions of dollars [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/15/tennessee-nursing-homes-lobby-for-caps-on-damage-claims/">Tennessee nursing homes lobby for caps on damage claims</a></p>



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			<content:encoded><![CDATA[<p><strong>Tennessee </strong><a href="http://www.nursinghome-legal.com"><strong>nursing homes</strong></a> are lobbying the legislature to put a cap on the amount of damages that plaintiffs can collect in court, according to a report in Nashville, Tennessee’s <a href="http://www.nashvillecitypaper.com/news.php?viewStory=59328">The City Paper</a>. Sixteen states, including <strong>Tennessee</strong>, do not put monetary limit for damages such as <strong>pain and suffering</strong>, which has resulted in millions of dollars in damages awarded to victims for <strong>nursing homes</strong>&#8216; violations of patient care. The <strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> <strong>industry</strong> says without damage limits, nursing homes in those states become a target for out-of-state trial lawyers.<span id="more-601"></span></p>
<p>The <strong>AARP</strong> and trial lawyers say that the <strong>nursing home industry</strong> is simply trying to protect itself at a time when reports of violations at <strong>nursing homes</strong> are running rampant in the media. The opposition already has caused the powerful <strong>nursing home industry</strong> to revamp its <strong>“The Nursing Home Patient Protection Act of 2008”</strong> proposal, raising its proposed cap from $300,000 to $500,000. The lobby group also removed language opposed by <strong>AARP</strong> that would have allowed <strong>nursing homes</strong> to require their patients to sign <a href="http://www.beasleyallen.com/focus/Arbitration/" title="" rel="external">arbitration</a> agreements to prevent lawsuits and to require <strong>nursing home</strong> suits to have the same legal restrictions as medical malpractice claims.</p>
<p>According to a study conducted by the <strong>nursing home industry</strong>, <strong>Tennessee nursing homes</strong> paid nearly $5,000 on average per patient on liability costs, whereas states that had tort reform paid about a quarter of that on average per patient. A <strong>nursing home</strong> representative said that the mounting costs paid by <strong>nursing homes</strong> to defend lawsuits eats into profits that could be invested to improve patient care.</p>
<p>Tennessee Rep. Mike Turner, a firefighter who fought the 2003 <strong>Tennessee nursing home</strong> fire that killed 16 people, says the caps would open the door for more negligence. “These are our most vulnerable people and they earned the right to be treated with dignity in their old age,” Turner said to the paper. “I just think by capping it, we’ve done a disservice to them.”</p>
<p>The <strong>nursing home industry</strong> and trial lawyers have agreed to meet later this week to discuss a reasonable compromise.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/15/tennessee-nursing-homes-lobby-for-caps-on-damage-claims/">Tennessee nursing homes lobby for caps on damage claims</a></p>


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		<title>Veterans home cited for putting residents at risk of harm</title>
		<link>http://www.nursinghome-legal.com/news/2009/01/09/veterans-home-cited-for-putting-residents-at-risk-of-harm/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/01/09/veterans-home-cited-for-putting-residents-at-risk-of-harm/#comments</comments>
		<pubDate>Fri, 09 Jan 2009 14:00:35 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<category><![CDATA[William F. Green State Veterans Home]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=570</guid>
		<description><![CDATA[A U.S. Justice Department report claims that residents at William F. Green State Veterans Home in Bay Minette, Alabama, suffered significant harm and risk from the facility’s inadequate medical and nursing services, accoding to the Mobile Press Register. The report was released last month and is based on the outcome of a February inspection and [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/09/veterans-home-cited-for-putting-residents-at-risk-of-harm/">Veterans home cited for putting residents at risk of harm</a></p>



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			<content:encoded><![CDATA[<p>A U.S. Justice Department report claims that residents at <strong>William F. Green State Veterans Home</strong> in Bay Minette, Alabama, suffered significant harm and risk from the facility’s <strong>inadequate medical and nursing services</strong>, accoding to the <a href="http://blog.al.com/live/2009/01/federal_government_alleges_dea.html">Mobile Press Register</a>.<span id="more-570"></span></p>
<p>The report was released last month and is based on the outcome of a February inspection and interviews at the <a href="http://www.nursinghome-legal.com"><strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong></a>. It alleges that the home had &#8220;inadequate nutritional and hydration services; improper and dangerous psychotropic medication practices; inadequate pressure-sore treatment and skin care; inadequate restorative care and specialized rehabilitation services; failure to protect residents from harm due to falls; failure to adequately investigate allegations of resident abuse; and the inappropriate use of restraints.&#8221;</p>
<p><strong>Veterans Affairs Department</strong> spokesman Bob Horton says <strong>nursing home</strong> administrators and state officials were first made aware of the allegations when they received the report last month.</p>
<p>&#8220;If the citations in the report were so severe, you would think the department would have been notified sooner, if there was any potential of veterans being harmed or a risk of harm,&#8221; Horton told the Press Register reporter.</p>
<p>The Justice Department said the delay was typical and due to heavy paperwork following an onsite visit. The department has yet to issue penalties to the home based on the report, adding that it is likely a settlement will be reached between the Justice Department and the home, eliminating the need for a lawsuit.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/09/veterans-home-cited-for-putting-residents-at-risk-of-harm/">Veterans home cited for putting residents at risk of harm</a></p>


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		<title>Disgruntled employee accused of putting urine in ice bin</title>
		<link>http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/#comments</comments>
		<pubDate>Fri, 12 Dec 2008 14:00:00 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=453</guid>
		<description><![CDATA[Kathleen Chmura thought it was her soda that tasted funny. Then she realized it was the ice. And it tasted like urine. Chmura had scooped the ice from the ice bin at By the Lake senior assisted living facility she owns in Hayden, Idaho. She immediately had a suspect in mind – a disgruntled employee [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/">Disgruntled employee accused of putting urine in ice bin</a></p>



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			<content:encoded><![CDATA[<p>Kathleen Chmura thought it was her soda that tasted funny. Then she realized it was the ice. And it tasted like urine.</p>
<p>Chmura had scooped the ice from the ice bin at By the Lake <a href="http://www.nursinghome-legal.com"><strong>senior assisted living facility</strong></a> she owns in Hayden, <strong>Idaho</strong>. She immediately had a suspect in mind – a disgruntled employee who had just joined two other employees in a walkout to protest of a firing of two employees three days prior, according to <a href="http://seattletimes.nwsource.com/html/localnews/2008473107_weburineice05m.html">The Seattle Times</a>.<span id="more-453"></span></p>
<p>“I won’t put up with this crap,” Chmura told the newspaper. Chmura opened the facility two years ago.</p>
<p>Chmura contacted Kootenai County officials and informed them of the <strong>urine-in-the-bin</strong> incident as well as suspected <strong>theft</strong> and <strong>fraud</strong> by the former employees. The facility owner accused the former employees of <strong>stealing money</strong> and <strong>prescription drugs</strong> from the <strong>assisted living center</strong>, including OxyContin and hydrocodone. She claims the three made more than $10,000 in credit card purchases for personal items such as groceries and gift cards, restaurant dinners and theater tickets.</p>
<p>She told police that before the walkout, the employees woke up residents and told them the <strong>assisted living center</strong> was closing and that all employees had been fired.</p>
<p>Chmura is part of an advocacy group that fights for stronger laws against those who <strong><a href="http://www.nursinghome-legal.com/tag/abuse-and-neglect/" class="st_tag internal_tag" rel="tag" title="Posts tagged with abuse and neglect">abuse and neglect</a> vulnerable adults</strong>. The group is credited with triggering the 2005 state legislation that made abusing the elderly a felony instead of a misdemeanor.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/">Disgruntled employee accused of putting urine in ice bin</a></p>


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		<title>Oklahoma nursing home faces fines for endangering patients</title>
		<link>http://www.nursinghome-legal.com/news/2008/11/24/oklahoma-nursing-home-faces-fines-for-endangering-patients/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/11/24/oklahoma-nursing-home-faces-fines-for-endangering-patients/#comments</comments>
		<pubDate>Mon, 24 Nov 2008 14:32:07 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=381</guid>
		<description><![CDATA[A Norman, Okla., nursing home could face fines of up to $3,000 a day for numerous deficiencies, including allegations of not fully investigating abuse allegations and endangering patients’ health by not providing condoms to a sexually active, HIV-positive patient, according to KTUL-TV. State investigators cited 16 infractions in a 370-page report released earlier this month. [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/24/oklahoma-nursing-home-faces-fines-for-endangering-patients/">Oklahoma nursing home faces fines for endangering patients</a></p>



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			<content:encoded><![CDATA[<p>A Norman, Okla., <a href="http://www.nursinghome-legal.com">nursing home</a> could face fines of up to $3,000 a day for <strong>numerous deficiencies</strong>, including allegations of not fully investigating <strong>abuse allegations</strong> and <strong>endangering patients’ health</strong> by not providing condoms to a sexually active, HIV-positive patient, according to <a href="http://www.ktul.com/news/stories/1108/571599.html">KTUL-TV</a>.<span id="more-381"></span></p>
<p>State investigators cited 16 infractions in a 370-page report released earlier this month.</p>
<p>One abuse claim stems from a patient, Carol Crow, who was found by family members covered in bruises on her face, around her neck and completely down her chest. Crow’s family is convinced that Crow was attacked, but the <strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> disputes that claim, insisting that she simply fell.</p>
<p>Another allegation of abuse, detailed in five pages of the report, is of patient who claimed he was hit by another resident day after day. His femur and hip were broken in the attacks, and he died a month later.</p>
<p>“In my opinion, we need a new owner of this facility who’s going to take action for the residents in their care,” says Wes Bledsoe of the <strong>Oklahoma Health Department</strong> that investigated the claims and filed the report.</p>
<p>The Health Department is recommending Whispering Pines not be allowed to accept any new <strong>Medicare</strong> and <strong>Medicaid</strong> patients until the deficiencies are corrected. If the center isn&#8217;t in compliance within six months its Medicare and Medicaid payments for existing patients could be cut off.</p>
<p>Whispering Pines has presented a plan to the Department of Health stating that it will correct all violations by Nov. 28.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/24/oklahoma-nursing-home-faces-fines-for-endangering-patients/">Oklahoma nursing home faces fines for endangering patients</a></p>


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		<title>Man wanders from nursing home, killed by passing train</title>
		<link>http://www.nursinghome-legal.com/news/2008/11/18/man-wanders-from-nursing-home-killed-by-passing-train/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/11/18/man-wanders-from-nursing-home-killed-by-passing-train/#comments</comments>
		<pubDate>Tue, 18 Nov 2008 14:33:20 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=354</guid>
		<description><![CDATA[George King Sr., of Charleston, W.V., lived in Heartland of Charleston nursing home. He had Alzheimer’s Disease, and like many individuals suffering from the memory-loss disorder, King was prone to wander. Many nursing homes who care for patients with Alzheimer’s have practices in place to ensure patients who wander stay within the nursing home wing [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/18/man-wanders-from-nursing-home-killed-by-passing-train/">Man wanders from nursing home, killed by passing train</a></p>



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			<content:encoded><![CDATA[<p>George King Sr., of Charleston, W.V., lived in <strong>Heartland of Charleston </strong><a href="http://www.nursinghome-legal.com"><strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong></a>. He had <strong>Alzheimer’s Disease</strong>, and like many individuals suffering from the memory-loss disorder, King was prone to <a href="http://www.nursinghome-legal.com/tag/wander/" class="st_tag internal_tag" rel="tag" title="Posts tagged with wander">wander</a>.</p>
<p>Many <strong>nursing homes</strong> who care for patients with Alzheimer’s have practices in place to ensure patients who <a href="http://www.nursinghome-legal.com/tag/wander/" class="st_tag internal_tag" rel="tag" title="Posts tagged with wander">wander</a> stay within the <strong>nursing home</strong> wing where they live. But few practices are foolproof.<span id="more-354"></span></p>
<p>Late last month, King wandered from his <strong>nursing home</strong>. That evening around 8 p.m., staff noticed he was missing and notified police. After hours of searching for the 73-year-old man, police got a report of a pedestrian hit and killed by a CSX train. It was King.</p>
<p>&#8220;This happens daily,&#8221; said Jane Marks with the West Virginia Chapter of the <strong>Alzheimer’s</strong> Association. &#8220;Unfortunately this situation was more dramatic and had a sad ending, but it does happen constantly.&#8221; Marks was quoted last month in <a href="http://wowktv.com/story.cfm?func=viewstory&amp;storyid=46036">The Charleston Gazette</a>.</p>
<p>This morning, the <a href="http://sundaygazettemail.com/News/200811170624">newspaper reported</a> that King’s children have now filed suit against Heartland of Charleston nursing home for <strong><a href="http://www.southerninjurylawyer.com/personal-injury/wrongful-death/" title="" rel="external">wrongful death</a></strong>.</p>
<p>&#8220;George King Sr. could not care for himself or be allowed to walk outside the facility and the staff of the facility at Heartland of Charleston was aware of this fact,&#8221; the paper quotes the lawsuit.</p>
<p>The lawsuit contends that the staff of Heartland of Charleston failed to keep King secure and failed to utilize available resources to locate him. It also claims that staff did not immediately discover that King was missing nor did they properly use outdoor surveillance cameras to determine which direction he went when he left the nursing home. The lawsuit seeks unspecified compensatory and punitive damages</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/18/man-wanders-from-nursing-home-killed-by-passing-train/">Man wanders from nursing home, killed by passing train</a></p>


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		<title>Nursing home administrator cited for verbal, emotional abuse</title>
		<link>http://www.nursinghome-legal.com/news/2008/10/30/nursing-home-administrator-cited-for-verbal-emotional-abuse/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/10/30/nursing-home-administrator-cited-for-verbal-emotional-abuse/#comments</comments>
		<pubDate>Thu, 30 Oct 2008 20:24:56 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[Adult Protective Services]]></category>
		<category><![CDATA[Centers for Medicare and Medicaid Services]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[emotional abuse]]></category>
		<category><![CDATA[immediate jeopardy]]></category>
		<category><![CDATA[Medicaid]]></category>
		<category><![CDATA[Medicare]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[Oklahoma]]></category>
		<category><![CDATA[physical therapy]]></category>
		<category><![CDATA[verbal abuse]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=292</guid>
		<description><![CDATA[Pleasant Manor Nursing Home in Tulsa, Oklahoma, was anything but pleasant for some residents there, according to the Tulsa World. For one resident and her family, it was downright stressful. Last June, a resident in the facility to receive physical therapy after having surgery on both knees, needed to get to her regular orthopedic doctor [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/30/nursing-home-administrator-cited-for-verbal-emotional-abuse/">Nursing home administrator cited for verbal, emotional abuse</a></p>



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			<content:encoded><![CDATA[<p>Pleasant Manor <a href="http://www.nursinghome-legal.com">Nursing Home</a> in <strong>Tulsa, Oklahoma</strong>, was anything but pleasant for some residents there, according to the <a href="http://www.tulsaworld.com/news/article.aspx?articleID=20081030_17_A9_hState65471&lt;br &gt;&lt;/a&gt;">Tulsa World</a>.</p>
<p>For one resident and her family, it was downright stressful.<span id="more-292"></span></p>
<p>Last June, a resident in the facility to receive physical therapy after having surgery on both knees, needed to get to her regular orthopedic doctor appointment. She was not ambulatory, needing a mechanical lift to be moved from the bed to the bathroom, and wheelchair to get around. She had to get to her doctor&#8217;s appointment in her hometown 32 miles away. The <strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> said its van was unavailable to transport her, leaving the resident and her family in a bind.</p>
<p>When administrator Pamm Dickey got word of the situation, she demanded the family pick up the resident by 5 p.m. that Thursday. The family scrambled, calling around and finally locating another <strong>nursing home</strong>. But that facility couldn’t accept her until Friday. Dickey was unwilling to budge. Using lewd language, Dickey demanded the family remove the resident from Pleasant Manor by the 5 p.m. Thursday deadline. Never mind that the other nursing home wasn’t ready for the resident. The woman’s family could just move her into their home in the interim, she was reported as saying.</p>
<p>However, moving the resident to the family’s home simply wasn’t an option. They were not equipped to lift and move her when she needed to use the bathroom, much less provide the skilled nursing care she needed. Even if it were for one night, the family just wasn’t able to do it.</p>
<p>Still, Dickey wouldn’t bend, becoming combative with the other <strong>nursing facility’s</strong> administrator over the phone. That administrator, who said she was “shocked” by Dickey’s unethical conduct, told Dickey she had no choice but to call <strong>Adult Protective Services</strong>. Dickey’s response, according to the administrator who reported her: “She proceeded to tell me to tell APS to bring a car to pick [the resident] up then because I will set her a&#8211; on the g&#8212;&#8212; curb!&#8221;</p>
<p>A 151-page report on the investigation into Pleasant Manor cited several incidents of <strong>emotional and verbal abuse</strong> by Dickey, including the incident mentioned above as well as berating residents for pushing their call buttons too often at night and arguing with one resident over a remote control. Dickey resigned Aug. 13, but dismissed the claims, saying “What is written (in the report) is not the truth by any means.”</p>
<p>Meanwhile, Pleasant Manor was found by surveyors as subjecting residents to <strong>immediate jeopardy</strong> and was fined, and the <strong><a href="http://www.nursinghome-legal.com/tag/centers-for-medicare-and-medicaid-services/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Centers for Medicare and Medicaid Services">Centers for Medicare and Medicaid Services</a></strong> has denied payment for all new residents admitted there who require coverage by <strong>Medicare</strong> or <strong>Medicaid</strong> effective Oct. 14 until the home achieves compliance with federal and state regulators.</p>
<p>Dickey’s case will be heard before the <strong>Oklahoma State Board of Examiners</strong> for <strong>Nursing Home Administrators</strong>, who will then determine the status of her license.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/30/nursing-home-administrator-cited-for-verbal-emotional-abuse/">Nursing home administrator cited for verbal, emotional abuse</a></p>


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		<title>Washington agencies accused of not investigating abuse claims</title>
		<link>http://www.nursinghome-legal.com/news/2008/10/20/washington-agencies-accused-of-not-investigating-abuse-claims/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/10/20/washington-agencies-accused-of-not-investigating-abuse-claims/#comments</comments>
		<pubDate>Mon, 20 Oct 2008 14:11:03 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[abuse and neglect]]></category>
		<category><![CDATA[Adult Protective Services]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[criminal charges]]></category>
		<category><![CDATA[neglect]]></category>
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		<category><![CDATA[Seattle]]></category>
		<category><![CDATA[Washington]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=260</guid>
		<description><![CDATA[A Washington state watchdog group has identified serious problems in the way its state agencies investigate allegations of abuse and neglect of elderly or disabled adults, according to Seattle (Washington) P-I. Disability Rights Washington (DRW), a nonprofit organization that protects the rights of people with disabilities, reported numerous examples where the three state agencies charged [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/20/washington-agencies-accused-of-not-investigating-abuse-claims/">Washington agencies accused of not investigating abuse claims</a></p>



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			<content:encoded><![CDATA[<p>A <strong>Washington</strong> state watchdog group has identified serious problems in the way its state agencies investigate allegations of <a href="http://www.nursinghome-legal.com/nursing-home-abuse/reporting/"><strong>abuse and neglect of elderly or disabled adults</strong></a>, according to <a href="http://seattlepi.nwsource.com/local/383945_abuse18.html">Seattle (Washington) P-I</a>.<span id="more-260"></span></p>
<p><strong>Disability Rights Washington (DRW)</strong>, a nonprofit organization that protects the rights of people with disabilities, reported numerous examples where the three state agencies charged with investigating reports of <strong>abuse</strong> and <strong>neglect</strong> failed to protect frail adults. For example, clearing a <a href="http://www.nursinghome-legal.com/"><strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong></a><strong> </strong>of <strong>abuse</strong> allegations against a 93-year-old resident with suspicious injuries without reviewing photographs or talking to witnesses.</p>
<p>The three agencies cited in the report include <strong>Adult Protective Services</strong>, <strong>Residential Care Services</strong> and <strong>Health Professions Quality Assurance</strong>. The <strong>Washington Department of Social and Health Services (DSHS)</strong> oversees both Adult Protective Services and Residential Care Services. The state <strong>Health Department</strong> oversees <strong>Health Professions Quality Assurance</strong>.</p>
<p>The Seattle P-I report cites 2006 data that claims only 10 percent of the more than 13,000 complaints made to Adult Protective Services were substantiated; less than 6 percent of the nearly 23,000 complaints made to Residential Care Services were substantiated; and Health Professions Quality Assurance took disciplinary action in less than 10 percent of the more than 6,500 complaints it received and pursued no <a href="http://www.nursinghome-legal.com/tag/criminal-charges/" class="st_tag internal_tag" rel="tag" title="Posts tagged with criminal charges">criminal charges</a> against a single facility.</p>
<p>All three agencies claim they have <strong>insufficient staff</strong> with <strong>inadequate training</strong> to meet the demands of their offices. A spokesperson with Residential Care Services, which investigates allegations against <a href="http://www.nursinghome-legal.com/"><strong>nursing homes</strong></a> and other residential services, says it has begun investigating specific reports of <strong>abuse</strong> in all facilities. And while the agency recently hired seven additional staff members, they are still too understaffed to oversee the state&#8217;s 3,000-plus licensed facilities.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/20/washington-agencies-accused-of-not-investigating-abuse-claims/">Washington agencies accused of not investigating abuse claims</a></p>


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		<title>Nursing home investigation impacts coroner race</title>
		<link>http://www.nursinghome-legal.com/news/2008/10/17/nursing-home-investigation-impacts-coroner-race/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/10/17/nursing-home-investigation-impacts-coroner-race/#comments</comments>
		<pubDate>Fri, 17 Oct 2008 17:46:19 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[criminal neglect]]></category>
		<category><![CDATA[death]]></category>
		<category><![CDATA[deaths]]></category>
		<category><![CDATA[Ill.]]></category>
		<category><![CDATA[McHenry County]]></category>
		<category><![CDATA[neglect]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[Woodstock Residence]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=252</guid>
		<description><![CDATA[Last month I told you the story of two nurses at Woodstock Residence in Woodstock, Ill., who were charged with criminal neglect and obstructing justice as a result into investigations into murders at the nursing home. Marty Himebaugh allegedly administered drugs such as morphine to calm restless patients and gave overdoses to others she deemed [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/17/nursing-home-investigation-impacts-coroner-race/">Nursing home investigation impacts coroner race</a></p>



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			<content:encoded><![CDATA[<p><a href="http://www.nursinghome-legal.com/news/2008/09/26/nursing-home-deaths-were-not-merciful/">Last month</a> I told you the story of two nurses at <strong>Woodstock Residence</strong> in <strong>Woodstock, Ill</strong>., who were charged with criminal neglect and obstructing justice as a result into investigations into murders at the <a href="http://nursinghome-legal.com"><strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong></a>. Marty Himebaugh allegedly administered drugs such as morphine to calm restless patients and gave overdoses to others she deemed had lived long enough. Complaints made to her supervisor Penny Whitlock were dismissed.<span id="more-252"></span></p>
<p>It appears the impact of this case is being felt in the McHenry County coroner’s race, according to the <a href="http://www.dailyherald.com/story/?id=242385&amp;src=4">Daily Herald</a>.</p>
<p>Democratic challenger David Bachmann claims his five-term Republican opponent Marlene Lantz should have done more to ensure the <strong>safety</strong> of the victims at Woodstock Residence. Bachmann says the home reported a total of 36 <strong>deaths</strong> in the years 2004 and 2005 combined. There were the same number of deaths during the first nine months of 2006, he said.</p>
<p>Bachmann, a former funeral home director, contends, &#8220;Had Miss Lantz gone out to the <strong>nursing home</strong> in April or early May, she would have caught this.”</p>
<p>Lantz argued that there was no reason for her office to have been suspicious, as the <strong>patients who died</strong> were in hospice care or had a terminal illness.</p>
<p>The McHenry County Coroner’s Office exists to provide people of McHenry County with a thorough investigation in the event of a death. The election will be held November 4, 2008.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/17/nursing-home-investigation-impacts-coroner-race/">Nursing home investigation impacts coroner race</a></p>


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		<title>Nursing home investigated for harming 12-year-old foster child</title>
		<link>http://www.nursinghome-legal.com/news/2008/10/03/nursing-home-investigated-for-harming-12-year-old-foster-child/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/10/03/nursing-home-investigated-for-harming-12-year-old-foster-child/#comments</comments>
		<pubDate>Fri, 03 Oct 2008 14:39:33 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
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		<category><![CDATA[Florida]]></category>
		<category><![CDATA[Florida Gov. Charlie Crist]]></category>
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		<category><![CDATA[nursing home abuse and neglect]]></category>
		<category><![CDATA[pressure sores]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=170</guid>
		<description><![CDATA[Most people identify the elderly as being the victims of abuse and neglect in a skilled nursing environment. But when it is reported that a nursing home is under investigation for burning a physically and mentally impaired foster child, it is a travesty. Today, the Miami Herald reported that three state agencies and Miami-Dade police [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/03/nursing-home-investigated-for-harming-12-year-old-foster-child/">Nursing home investigated for harming 12-year-old foster child</a></p>



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			<content:encoded><![CDATA[<p>Most people identify the <strong>elderly</strong> as being the victims of <strong><a href="http://www.nursinghome-legal.com/tag/abuse-and-neglect/" class="st_tag internal_tag" rel="tag" title="Posts tagged with abuse and neglect">abuse and neglect</a></strong> in a <strong>skilled nursing</strong> environment. But when it is reported that a <strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> is under investigation for burning a <strong>physically and mentally impaired foster child</strong>, it is a travesty.<span id="more-170"></span></p>
<p>Today, the <a href="http://www.miamiherald.com/460/story/711354.html">Miami Herald</a> reported that three state agencies and Miami-Dade police were investigating how second-degree burns were found on a 12-year-old girl living in the Florida Club Care Center. The girl, who is a foster child, suffers from <strong>severe cerebral palsy</strong>, is unable to communicate and is completely dependent on others for activities of daily living. The burns were found on her hand and thigh, according to the <strong>Child Protection Team</strong>, a group of University of Miami doctors and nurses.</p>
<p>The case also is being investigated by the <strong>Department of Children &amp; Families (DCF) </strong>and the <strong>Agency for Health Care Administration (AHCA)</strong>. AHCA, a nursing home regulator, claims there was no evidence of mistreatment toward the girl.</p>
<p>In a letter to Florida Gov. Charlie Crist, Child Protection Team representative and pediatrician Michael D. Strong wrote “We fear that the <strong>potential risk for further harm</strong> of the other residents in the nursing home facility is high and that little to nothing is being done in response.&#8221;</p>
<p>However, a recent AHCA inspection of the facility showed high marks for quality of care and quality of life as well as nutrition and hydration, patient dignity, the prevention of <a href="http://www.nursinghome-legal.com/tag/pressure-sores/" class="st_tag internal_tag" rel="tag" title="Posts tagged with pressure sores">pressure sores</a>, and limiting the use of physical restraints.</p>
<p>For now, the DCF investigation into the girl’s injuries remains open.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/03/nursing-home-investigated-for-harming-12-year-old-foster-child/">Nursing home investigated for harming 12-year-old foster child</a></p>


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		<title>Nursing home deaths were not merciful</title>
		<link>http://www.nursinghome-legal.com/news/2008/09/26/nursing-home-deaths-were-not-merciful/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/09/26/nursing-home-deaths-were-not-merciful/#comments</comments>
		<pubDate>Fri, 26 Sep 2008 15:29:49 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[caregiver]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=116</guid>
		<description><![CDATA[A truly disturbing report out of Illinois this week. A series of suspicious deaths at a Chicago-suburban nursing home in 2006, the so-called “mercy killings” of one nurse, now appear to be ruthless murders committed by a caregiver who became &#8220;fed up&#8221; with certain patients. According to The Daily Herald, a 15-month investigation into the [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/09/26/nursing-home-deaths-were-not-merciful/">Nursing home deaths were not merciful</a></p>



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			<content:encoded><![CDATA[<p>A truly disturbing report out of Illinois this week. A series of suspicious <strong>deaths</strong> at a <strong>Chicago</strong>-suburban <strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong> in 2006, the so-called “mercy killings” of one nurse, now appear to be ruthless murders committed by a caregiver who became &#8220;fed up&#8221; with certain patients.<span id="more-116"></span></p>
<p>According to <a href="http://www.dailyherald.com/story/?id=237497">The Daily Herald</a>, a 15-month investigation into the deaths at the Woodstock Residence in Woodstock, Ill., led to the indictment in April of two nurses – Marty Himebaugh of Lake in the Hills, Ill., and her supervisor, Penny Whitlock of Woodstock, Ill. Himebaugh faces charges of <strong>criminal neglect</strong>, obtaining morphine by fraud and unlawful distribution of a controlled substance. Whitlock was charged with <strong>criminal neglect</strong> and obstructing justice. Woodstock Residence has since changed management and is now called Crossroads Care Center of Woodstock, according to the <a href="http://www.chicagotribune.com/news/local/chi-nurse-deaths-web-26-sep26,0,6187039.story">Chicago Tribune</a>.</p>
<p>The Tribune also states that the health department report does not specifically name Himebaugh or Whitlock, however the criminal indictment suggests that the two nurses are the ones involved in the investigation. An Illinois Department of Public Health report claims Himebaugh administered drugs such as morphine to restless patients to calm them and gave <strong>overdoses</strong> to others she deemed had lived long enough. The report is based on interviews with coworkers, some of whom voiced concerns as much as six months before Himebaugh was let go in the wake of police investigations.</p>
<p>Whitlock, a former director of nursing at Woodstock Residence, reportedly told Himebaugh, “I don’t care if you’re the <strong>angel of death</strong>, just don’t let me know about it,” according to The Daily Herald.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/09/26/nursing-home-deaths-were-not-merciful/">Nursing home deaths were not merciful</a></p>


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		<title>Family sues Illinois nursing home for wrongful death</title>
		<link>http://www.nursinghome-legal.com/news/2008/09/22/family-sues-illinois-nursing-home-for-wrongful-death/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/09/22/family-sues-illinois-nursing-home-for-wrongful-death/#comments</comments>
		<pubDate>Mon, 22 Sep 2008 14:24:07 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[Nursing Home Links]]></category>
		<category><![CDATA[claims]]></category>
		<category><![CDATA[death]]></category>
		<category><![CDATA[diabetes]]></category>
		<category><![CDATA[Ill.]]></category>
		<category><![CDATA[Illinois]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[neglect]]></category>
		<category><![CDATA[Negligence]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[nursing home neglect]]></category>
		<category><![CDATA[wrongful death]]></category>

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		<description><![CDATA[When the Hopley family moved 51-year-old Bruce Hopley into Golden Moments Senior Care Center in Jacksonville, Ill., in late August of 2006, they alerted staff that he was “severely diabetic,” and that he had required emergency hospitalization on numerous occasions for erratic blood sugar levels and seizures. Nineteen days later, just an hour after staff [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/09/22/family-sues-illinois-nursing-home-for-wrongful-death/">Family sues Illinois nursing home for wrongful death</a></p>



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			<content:encoded><![CDATA[<p>When the Hopley family moved 51-year-old Bruce Hopley into Golden Moments Senior Care Center in Jacksonville, Ill., in late August of 2006, they alerted staff that he was “<strong>severely diabetic</strong>,” and that he had required emergency hospitalization on numerous occasions for erratic blood sugar levels and seizures. Nineteen days later, just an hour after staff documented high blood sugar levels in his blood, Mr. Hopley was found <strong>dead</strong>, according to a story by the <a href="http://www.myjournalcourier.com/news/lawsuit_19777___article.html/death_wrongful.html">Jacksonville (Illinois) Journal-Courier</a>.<span id="more-85"></span></p>
<p>Jennifer Hopley, Mr. Hopley’s daughter and administrator of her father’s estate, filed an 18-count <strong><a href="http://www.southerninjurylawyer.com/personal-injury/wrongful-death/" title="" rel="external">wrongful death</a></strong> lawsuit against the <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a>, two doctors, a nurse, and other facility staff. According to the story, the suit claims <strong>negligence</strong> in Mr. Hopley’s death for not properly monitoring his blood sugar levels and subjecting the patient to “great mental and physical pain prior to his death.”</p>
<p>The lawsuit also alleges that the <strong>nursing home</strong> created dangerous conditions for residents by employing staff at levels below the national average for similar long-term facilities. The lawsuit contends that Golden Moments also was under capitalized and that there are state and federal tax liens are against the facility exceeding $250,000, according to the report.</p>
<p>According to the <a href="http://diabetes.niddk.nih.gov/">National Diabetes Information Clearinghouse (NDIC)</a>, an information dissemination service of the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), diabetes was the seventh leading cause of death in 2006. Overall, the risk for death among people with diabetes is about twice that of people without diabetes of similar age.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/09/22/family-sues-illinois-nursing-home-for-wrongful-death/">Family sues Illinois nursing home for wrongful death</a></p>


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