The nursing home was cited for failing to have a comprehensive care plan for treating the patient’s broken leg, which resulted in an “infestation of maggots,” according to the inspection report. The man’s injury should have been treated every three days but the nursing home was only able to document weekly treatments.

In April 2008, just four months before the above-mentioned incident report, inspectors cited the home for a series of isolated events that it said put the health or safety of residents in immediate jeopardy. The nursing home was put on a watch list and given just one star out of five in the government’s five-star rating system to help consumers gauge the quality of care provided by nursing homes. The citations apparently did little to improve quality of care at the home.

Azalea Court is appealing, arguing that the home is cooperating fully with regulatory agencies. “Quality care is our highest priority,” reads a statement issued by the nursing home. “Government ratings are a valuable tool, but they’re no substitute for visiting a facility and meeting the staff.”

The $16,000 fine against Azalea Court is the largest fine waged against any health care provider or facility in Palm Beach County this year.

SOURCE: Nursing Home Abuse › Maggots found crawling out of nursing home resident’s leg cast

Interviews with Bluegrass Care and Rehabilitation Center in Lexington Kentucky staff including aides, licensed staff and housekeepers revealed that no one recognized the photos and recordings as abuse and as a result did not report the incident to management.

The nursing home received a Type A citation from the Kentucky Cabinet for Health and Family Services for not enforcing its policy prohibiting staff members from having cell phones in resident-care areas. A Type A citation is the most serious citation a nursing home can receive. “The facility failed to have an effective system in place to ensure (that) residents were protected from abuse,” the citation said. “The facility’s failure placed residents in imminent danger.” The Centers for Medicaid and Medicare Services found residents to be in immediate jeopardy and imposed a $6,550 per day fine on the nursing home.

A spokesperson with Bluegrass Care and Rehabilitation Center said the facility conducted an internal investigation and as a result fired several employees who participated in the activities. Management also said it is working with state and federal agencies to insure that residents are protected. The facility’s “foremost concern is the care and protection of its residents, and we have taken this matter very seriously.”

SOURCE: Nursing Home Abuse › Nursing home staff fired for taking inappropriate photos of residents

The announcement was spurred by a recent state and Federal Center for Medicare-Medicaid Services inspection that found the center in violation of physician services, nursing services and medical records.

The inspection 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.

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 immediate jeopardy.

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.

“We are working with the state of Tennessee, as well as CMS to get this corrected immediately,” the nursing home spokesperson said to News Channel 5.

SOURCE: Nursing Home Abuse › Tennessee nursing home cited, residents in immediate jeopardy

The falling closet incident in which Sister Mary Murray was killed occurred in August. At the time of the accident, family members accepted the nursing home’s explanation – that Sister Murray’s death was just a freak accident. However, an ABC 7 Eyewitness News investigation revealed that two other residents in the home were injured by falling closets. Summit Park Nursing Care was found by the state Department of Health to be an “immediate jeopardy to resident health and safety,” but no disciplinary action had taken place at that time.

According to Lo Hud, after the two falling closet incidents and before the incident that resulted in Sister Murray’s death, the county had ordered maintenance workers to bolt the two closets that had tipped but did not request the same be done with the rest of the nearly 300 closets in the nursing home.

The family of Sister Murray has filed a lawsuit against the county claiming her death was caused by the “gross recklessness and gross negligence of Summit Park and the county of Rockland and its employees,” according to the newspaper story.

The home was fined $17,300 for negligence in the nun’s death and is still under investigation by the Attorney General and the New York Department of Health.

SOURCE: Nursing Home Abuse › Family sues county, administrator resigns over nun’s death

While in her room at the Summit Park Nursing Home in Rockland County, New York, the 90-year-old nun was crushed and eventually died after the closet in her room toppled over onto her. Her family accepted the nursing home’s explanation. It was just a freak accident.

Then came the ABC 7 Eyewitness News investigation that revealed that two other residents in the home were injured by falling closets.

“I became very angry, especially when I knew it could have been prevented,” her nephew Daniel Murray said in a follow up story by ABC7. “All of this could have been prevented. My aunt could have been with us today.” Murray’s family is now demanding the nursing home investigate the situation and explain why, after the two other falling closet incidents, the nursing home didn’t bolt the other closets to the wall.

Daniel Murray now believes that the nursing home tried to cover up its negligence by not telling the Murray family about the other falling closets and not reporting either incident to the state Department of Health.

A nursing home spokesperson refused to comment. Summit Park was found by the state Department of Heath to be in “immediate jeopardy to resident health and safety.” However, there has been no disciplinary action against Summit Park or its employees. The case is now in the hands of the Attorney General, according to ABC7.

SOURCE: Nursing Home Abuse › Family demands investigation after closet falls on resident

The Des Moines Register reviewed 81 bonus payment programs in 36 different states. Iowa, which began participating in the bonus program six years ago, was one of the first to establish a bonus program.

Of the 36 states that participate in the bonus program, eight do not disqualify a nursing home from receiving bonus money based on regulation violations. Fifteen of the bonus programs are based on quality of care. Points also are awarded for having a large percentage of patients on Medicaid and for offsetting expenses such as property taxes, fire sprinklers, or paying the minimum wage.

Nursing homes that receive the most bonus money do not necessarily have the best rating, the report points out. The bonus program may appear to be an incentive program or to reward quality care; however, its purpose in some cases is to reimburse or offset cost of bringing homes up to state or federal standards or encourage more homes to accept Medicare-dependent patients.

The bonus program first came to light in March after the Des Moines Register reported that some of the state’s most deficient homes were receiving money from the bonus program. Since then, Iowa has begun revising its program, reducing payments to homes that have recently been cited for causing “actual harm” to residents and eliminating payments to homes that put residents in “immediate jeopardy” of death or injury.

SOURCE: Nursing Home Abuse › Bonuses paid to nursing homes with no regard to quality care

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 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’s appointment in her hometown 32 miles away. The nursing home said its van was unavailable to transport her, leaving the resident and her family in a bind.

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 nursing home. 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.

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.

Still, Dickey wouldn’t bend, becoming combative with the other nursing facility’s 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 Adult Protective Services. 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– on the g—— curb!”

A 151-page report on the investigation into Pleasant Manor cited several incidents of emotional and verbal abuse 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.”

Meanwhile, Pleasant Manor was found by surveyors as subjecting residents to immediate jeopardy and was fined, and the Centers for Medicare and Medicaid Services has denied payment for all new residents admitted there who require coverage by Medicare or Medicaid effective Oct. 14 until the home achieves compliance with federal and state regulators.

Dickey’s case will be heard before the Oklahoma State Board of Examiners for Nursing Home Administrators, who will then determine the status of her license.

SOURCE: Nursing Home Abuse › Nursing home administrator cited for verbal, emotional abuse

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

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

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

But what we do know is frightening.

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

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

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

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

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

SOURCE: Nursing Home Abuse › 2 million elderly victims