The lawsuit claims that Skilled Healthcare Group issued a rule that Latinos must speak English only, even with other Spanish-speaking residents at the home, while on nursing home grounds, and during breaks. However, that rule was not enforced with individuals from other ethnic groups, such as Tagalog. The Latino workers also claimed they suffered from other forms of harassment from nursing home management.

The nursing home group disputed the allegations, saying it settled the lawsuit to avoid an expensive and time-consuming lawsuit.

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.

The conscent decree requires Skilled Healthcare Group 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.

SOURCE: Nursing Home Abuse › Nursing home group must pay Latino workers in discrimination lawsuit

Silver Lake Care Center

Investigators cited the nursing home in February saying it failed “to screen for, prevent, identify, report and investigate abuse.” Former director of nursing Terri Conley said she resigned from the home in January because the home was severely understaffed. “If you don’t have enough staff, the residents are not going to get the care they need,” she told the newspaper. “Families of the residents noticed and came to me asking why there wasn’t enough staff.”

Several families have filed suit against the home for neglect and wrongful death, and a caretaker at the home, Jason Pearl, was charged last month with abuse. He is currently in Washington County Jail awaiting a preliminary hearing scheduled for next month.

The nursing home is also facing a litany of financial woes. The Housing and Urban Development’s Public Affairs Office said that an FHA-insured mortgage at was in default, which prompted the home’s closing, and at least one staffing agency is reportedly suing the nursing home owner for nonpayment.

Eddie Martin of Sallisaw is listed as a part owner in the home. Martin also holds an interest in seven other homes in Oklahoma, three of which no longer receive Medicare and Medicaid dollars because of serious code violations. A fourth home is currently under order to clear up deficiencies by May 8 or lose its federal funding as well.

SOURCE: Nursing Home Abuse › OK nursing home closes amid allegations of abuse, neglect

Linda Darlene Carter was living at Hillcrest North nursing home where she was receiving care following an automobile accident during which she received multiple blunt force injuries. She was the passenger in a vehicle that collided with another automobile at an intersection, according to reports. She died at the nursing home on March 27, 2008. The medical examiner who reviewed the case said that Carter died of “dehydration due to inadequate care” following the accident and listed her death as a homicide.

The Tennessee Bureau of Investigation is reviewing the “suspicious” death of Carter and may turn the case over to the Knox County District Attorney General’s Office. The Attorney General’s office would then decide whether to present the case to a grand jury for any criminal charges.

The lawsuit, alleging nursing home abuse and/or neglect, was filed by Cater’s son and daughter, Andrea Lawson and Anthony Cohoon, against Hillcrest Healthcare North and Hillcrest Healthcare LLC. Since the lawsuit was filed, the nursing home forged a partnership with Grace Health Care. Grace is not named in the lawsuit.

Hillcrest Healthcare President and CEO Carolyn Pointer referred comments to Grace Health Care, which declined commented based on lack of knowledge.

SOURCE: Nursing Home Abuse › Family of neglected woman sues nursing home for $35 million

According to police reports, a Hillcrest employee found Shaw sitting on the woman’s bed last month with blood on his face and hands. She was menstruating at the time of the alleged attack. Shaw had his shirt off and sweat pants down to his knees but his boxer shorts were on.

A warrant was issued for Shaw’s arrest, and two psychiatrists who interviewed Shaw testified he understood the charge and thus, Shaw was found competent to stand trial. However, the public defender representing Shaw said the ruling was surprising. “I am still trying to grasp, as a layman, how a psychotic is competent to stand trial,” he told the newspaper. If found guilty of the Class D felony, he faces six months to three years in jail.

Shaw was moved from Hillcrest Centre to Clark Memorial Hospital’s behavior health unit before being transferred to the Clark County Jail. Hillcrest Centre released a statement saying it provided a detailed report to the Indiana State Department of Public Health and that it would take measures to ensure all residents of the facility remain free of any abuse.

Family members of the victim are calling for the home to close down, and they are pursuing a lawsuit against the nursing home on their daughter’s behalf.

SOURCE: Nursing Home Abuse › Schizophrenic man to stand trial in nursing home sexual abuse case

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 “grossly substandard care, life-threatening care,” and negligence.

The nursing home 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.

The Health Care Availability Act requires all nursing homes be insured for $3 million each year with a cap of $500,000 per incident. In 2004, the Colorado Department of Public Health and Environment 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.

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.

SOURCE: Nursing Home Abuse › Nursing home chain accused of substandard, life-threatening care

The daughter of Millie Slatten, who has cerebral palsy, was a resident at Hillcrest Centre for Health and Rehabilitation in Jeffersonville. Her condition left her unable to walk or talk. According to a probable cause affidavit, a staff member reported seeing a male patient sitting at the end of Slatten’s daughter’s bed with his pants down and his shirt off. The victim’s undergarments were also undone. The male patient suffers from schizophrenia and had expressed to staff members previously about his desire to be close to the victim.

The male patient is charged with sexual battery. A warrant is issued for his arrest. But that news is hardly comforting to family members of the victim, who is now living at home with her parents.

“I just don’t see how they could not see that man go in that room,” Slatten told WHAS-TV.

Hillcrest Centre released a statement saying that it provided a detailed report to the Indiana State Department of Health and that “appropriate measures continue to be taken by Hillcrest Centre to ensure all residents of the facility remain free of any abuse.”

Slatten says reporting the incident just isn’t enough. She wants the home closed, and she is filing a lawsuit against the home on her daughter’s behalf.

SOURCE: Nursing Home Abuse › Rape victim’s family wants nursing home shut down

The bipartisan Fairness in Nursing Home Arbitration Act of 2009 “prevents nursing homes from deliberately hiding clauses within the fine print of contracts that force seniors to surrender their right to trial by jury and enter an unfair and one-sided mandatory binding arbitration process,” according to the American Association for Justice.

This is good news for the thousands of nursing home residents and their families, many of whom have already signed these one-sided agreements that leave them defenseless, like the family of Dean Cole.

In January, we told you about Cole, whose family had filed a wrongful death lawsuit against the nursing home where Cole lived for just 22 days. During his short stay at Golden Living Center Greeley, Cole, who suffered from dementia and required assistance, stopped eating or taking medication and dropped an alarming 20 pounds. Even after his wife questioned nursing home staff about his weight loss, they told her Cole was fine. He was later admitted to the hospital and diagnosed with severe dehydration, renal failure, pneumonia and colitis. He died 10 days later.

Unfortunately, Cole’s family was made to sign a one-sided mandatory binding arbitration clause, which denied them the right to trail by jury. The case is still pending.

“The Fairness in Nursing Home Arbitration Act will make sure negligent nursing home corporations can be held accountable by our most vulnerable citizens,” said American Association for Justice President Les Weisbrod. “This bill will prevent nursing home corporations from unfairly preying on seniors and stripping away their legal rights. Arbitration should only be voluntarily, not hidden away in the fine print of contracts during our seniors’ greatest time of need.”

SOURCE: Nursing Home Abuse › Bill protects nursing home residents from signing arbitration clauses

Former nursing home worker Walter Small was arrested and charged with homicide in connection with Young’s death, and released Friday on a $5,000 bond. No court date has yet been set.

Young’s family has since filed lawsuits against Standifer Place in Chattanooga and the Tennessee Department of Human Services for “hiding the death and burial” of Young. The family is seeking $35 million against the nursing home for its involvement in Young’s wrongful death, and $900,000 against the Department of Human Services to compensate for negligence the family says the department showed following Young’s death.

County Medical Examiner Frank King says he did not perform an autopsy at the time of Young’s death because he was told the victim had fallen and fractured his skull as the result of a seizure.

The attorneys representing Young’s family also contend that Adult Protective Services, which had legal guardianship of Young, did not try to locate Young’s family when he was dying. Instead, the agency made arrangements to bury him in a pauper’s grave.

A spokesman for the state Department of Human Services has said that the department attempted to contact Young’s known relatives prior to his death, but to no avail.

SOURCE: Nursing Home Abuse › Aide arrested for wrong death of nursing home patient

The man’s wife had had enough. She sought legal counsel and as a result, Elderberry Square is facing a $1 million lawsuit in the severe neglect and abuse of the man, according to Salem-News.

Falls among seniors pose a major medical problem. While many injuries from falls can be minor, others can result in major cuts and bruises, broken bones and head trauma. Some may lead to hospitalization, disability, the need for continuous skilled nursing care, or even premature death. Falls also can have psychological consequences, such as depression, isolation and a decline in physical function due to lack of activity.

This is not the first lawsuit of this nature that Elderberry Square has faced. Two years ago, a similar lawsuit was filed against the home involving an Alzheimer’s patient who was repeatedly left unattended. That patient fell numerous times over a two-week period and soon died as a result of a fall.

While an investigation into both cases by the Oregon Department of Human Services found the charges of neglect to be substantiated, a second review resulted in a reversal of the investigators’ conclusion. Attorneys plan to challenge the finding through an appeal.

SOURCE: Nursing Home Abuse › Facility facing lawsuits for leaving patients unattended

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 nursing homes. The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, which helps prevent them from getting involved in private litigation without approval from the head of the Department of Health and Human Services.

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 abuse or neglect that the average person may not be aware of.

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.

A representative from the American Health Care Association 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 abuse and neglect who will suffer the most.

According to a representative with the National Senior Citizens Law Center in Los Angeles, “This change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors. … Government inspectors have the right to go into nursing homes and investigate, and they learn things that residents and families otherwise could never find out.”

SOURCE: Nursing Home Abuse › New rule makes obtaining nursing home information more difficult

Robert’s 80-year-old mother, Emily Townsend, was a resident at Kettle Brook Care Center, a nursing home owned by iCare Management when she fell from her bed last January and was hospitalized. She returned to the nursing home but suffered a second, more serious fall that caused a break in her hip. She was once again hospitalized and died three days later. Robert’s lawsuit contends that the home was negligent in its care of his mother and contributed to her wrongful death.

Robert reportedly had complained to authorities both before and after his mother’s initial fall. He claimed that the nursing home staff had removed a bed alarm, a personal alarm and a walker – items ordered by her doctor.

Robert learned that while his mother was at the nursing home, it was operating under an unpublicized consent order from the Connecticut Department of Public Health. That consent was given after the home was reprimanded and fined $25,000 and was put on probation for two years after a survey found the home had seriously jeopardized the health, safety and welfare of residents there. The original order would have prohibited the home from admitting new residents. The consent allowed the nursing home to continue operating but hire an independent physician as a medical consultant and an independent nurse consultant. Other actions were also required such as setting a minimum staff ratio and complying with various quality measures to prevent accidents.

Robert’s suit seeks an unspecified amount of damages.

SOURCE: Nursing Home Abuse › Man files wrongful death lawsuit against nursing home

Which makes Wentworth’s death even more mind-boggling. She was found dead Feb. 5 outside in the nursing home’s courtyard wearing nothing but a hospital gown, according to the Chicago Tribune. Investigators say she must have been outside about 90 minutes before she was found. But that was plenty of time for the elderly woman to freeze to death.

Wentworth’s family is understandably distraught as they deal with the unfathomable way the elderly woman died. In an effort to find answers and justice, the family has filed a lawsuit alleging neglect and abuse on the part of The Arbor of Itasca nursing home.

Unfortunately, these sad cases of nursing home residents wandering outdoors and perishing in the cold, winter temperatures is not uncommon. In December we told you the story of a 95-year-old Missouri woman, Fannie Mae Rooks, who wandered outdoors in the early morning of Christmas eve. It was between 36 and 40 degrees outside and a light rain was falling. By the time she was found, it was too late. Investigators in that case believe the weather contributed to her death.

In both cases, no criminal charges have yet been filed, but Wentworth’s family members hope justice is served and their mother’s death vindicated.

SOURCE: Nursing Home Abuse › Illinois woman freezes to death outside nursing home

The AARP and trial lawyers say that the nursing home industry is simply trying to protect itself at a time when reports of violations at nursing homes are running rampant in the media. The opposition already has caused the powerful nursing home industry to revamp its “The Nursing Home Patient Protection Act of 2008” proposal, raising its proposed cap from $300,000 to $500,000. The lobby group also removed language opposed by AARP that would have allowed nursing homes to require their patients to sign arbitration agreements to prevent lawsuits and to require nursing home suits to have the same legal restrictions as medical malpractice claims.

According to a study conducted by the nursing home industry, Tennessee nursing homes 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 nursing home representative said that the mounting costs paid by nursing homes to defend lawsuits eats into profits that could be invested to improve patient care.

Tennessee Rep. Mike Turner, a firefighter who fought the 2003 Tennessee nursing home 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.”

The nursing home industry and trial lawyers have agreed to meet later this week to discuss a reasonable compromise.

SOURCE: Nursing Home Abuse › Tennessee nursing homes lobby for caps on damage claims

The report was released last month and is based on the outcome of a February inspection and interviews at the nursing home. It alleges that the home had “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.”

Veterans Affairs Department spokesman Bob Horton says nursing home administrators and state officials were first made aware of the allegations when they received the report last month.

“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,” Horton told the Press Register reporter.

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.

SOURCE: Nursing Home Abuse › Veterans home cited for putting residents at risk of harm

Last week, Cole’s family filed a federal wrongful-death lawsuit against the nursing home seeking more than $75,000 in damages.

Cole’s wife visited her husband daily and, noticing his weight loss, questioned nursing home staff about his eating habits. She was told he was fine, according to the story. However, a State Health Department investigation noted that staff had reported that Cole refused to eat or take medication and that he ate nothing at 15 out of 24 meals he was served during his first 20 days at the facility when he lost all the weight. A nutritional supplement was recommended by a dietary manager but the supplement was never ordered. A doctor was notified about Cole’s refusing of medications and food but there was never any mention of his dramatic weight loss, according to the report.

On Dec. 29, 2006, Cole was sent to the hospital. He was discharged to a different nursing home for hospice care on Jan. 10. He died on Jan. 21, 2007.

The investigation into the case found the home negligent in the care it provided Cole by “not preventing his dehydration, not maintaining his weight and not notifying his doctors of his dramatic weight loss,” according to the story.

SOURCE: Nursing Home Abuse › Nursing home sued for wrongful death of man with dementia

Five days later, the same woman was found lying in her bed naked while Chandler sexually abused her. When the nursing aide found Chandler he asked the nursing aide not to tell authorities. Meanwhile, his victim cried hysterically. For months after the incident, the woman refused to eat and would have crying episodes.

Chandler was charged with first-degree sexual abuse and unlawful sexual penetration for the alleged molestation of the woman. A judge found him unfit to stand trial and committed him to a mental health unit.

The lawsuit, filed Monday against Healthcare at Foster Creek, alleges that the nursing home failed to protect one of its most vulnerable residents. The lawsuit also contends that 38 complaints of abuse or neglect were substantiated at the home between 2004 and 2008.

Nursing home administer Bill Swanson, who came to Foster Creek three months before the sexual abuse incident, says he is aware of the nursing home’s troubled past but he and a new management company are working to change things for the better.

SOURCE: Nursing Home Abuse › Nursing home faces $2 million lawsuit for sex abuse incident

On Nov. 24, 2006, just two days after arriving at the nursing home, Earll suffered a horrendous fall while staff was attempting to transfer her to the bathroom. She sustained injuries to her right elbow, forehead and cervical spine, and fractured her newly replaced hip. Five days later, Earll’s hip incision became infected and staff sent Earll to Internal Medicine Associates. Nurse practitioner Pamela Barr did not take x-rays. Instead, she arranged for Earll to see an orthopedic surgeon nearly two weeks later.

The next day, Earll’s niece Melody Lucero, distressed from the pain her aunt was experiencing, ordered the nursing home to transfer her aunt to the emergency room at Great Plains Regional Medical Center. There, doctors found Earll’s hip was fractured in three places. Lucero says the injuries her aunt sustained have left her dependent on a wheelchair for mobility for the rest of her life. She wants someone to pay for the pain they caused her aunt.

Lucero filed a lawsuit on her aunt’s behalf against North Platte Care Centre, now known as Premier Estates, and its parent company, The Boyle Company Inc., and Davbo Co. LLC. The suit also names the nurse practitioner at Internal Medicine Associates. The suit contends that North Platte Care Centre had conscious disregard for Earll’s rights and safety, arguing that the staff was underqualified and untrained and that the home was chronically understaffed.

SOURCE: Nursing Home Abuse › Niece files lawsuit on behalf of aunt injured at nursing home

But the damage had been done. Even after Raybon had been stabilized by a hospital and then admitted to another nursing home, his health spiraled downward. He suffered from more bedsores and infections and died soon after.

Raybon’s daughter, Yolanda Latimore, repeatedly pleaded to management at Tucker Nursing Home to take better care of her father, to no avail. A DeKalb County jury found that Raybon’s months of suffering was unjust. After a four-year lawsuit, the jury awarded Raybon’s daughter $1.25 million. The defendants are expected to appeal the case, according to the story.

Bedsores, also known as pressure sores or decubitus ulcers, are a serious problem with patients who are bedridden. Nursing home patients are among the most susceptible. Bedsores form when skin and tissue break down from constant pressure and bad circulation. They occur most often in the hips, lower back and heels. At first, the skin becomes red and irritated and eventually open sores develop.

If left untreated, the open sores can bore down into the muscle and bone, known as decubitus ulcer formation. Treatment of serious decubitus ulcers may include drying out the wound, excising the dead tissue, and administering systemic antibiotics. To prevent the occurrence of bed sores, bedridden individuals must be moved every two hours to minimize rubbing, pressure and friction.

SOURCE: Nursing Home Abuse › Patient’s daughter wins lawsuit in death from serious bed sore

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

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 where they live. But few practices are foolproof.

Late last month, King wandered from his nursing home. 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.

“This happens daily,” said Jane Marks with the West Virginia Chapter of the Alzheimer’s Association. “Unfortunately this situation was more dramatic and had a sad ending, but it does happen constantly.” Marks was quoted last month in The Charleston Gazette.

This morning, the newspaper reported that King’s children have now filed suit against Heartland of Charleston nursing home for wrongful death.

“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,” the paper quotes the lawsuit.

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

SOURCE: Nursing Home Abuse › Man wanders from nursing home, killed by passing train

Nursing homes receive higher reimbursements for some medical conditions. The suit alleges that by admitting residents with these conditions the homes were taking advantage of higher profits without regard to whether sufficient care could be provided.

According to the news story, the lawsuit seeks restitution of up to 40 percent of fees paid by private-pay residents, a change in some policies, and a court-appointed monitor to oversee compliance.

Extendicare has eight facilities in Minnesota, some of which have been consistently cited by state inspectors for violations far above the state’s average.

The lawsuit was filed by Laura Bernstein, a resident of one of the homes, on behalf of about 1,400 residents from other homes. Named in the lawsuit are Texas Terrace, Golden Valley Rehabilitation and Care Center, Health & Rehabilitation Center of New Brighton, Richfield Health Center, Robbinsdale Rehabilitation and Care Center, Rose of Sharon Manor in Roseville, Park Health and Rehabilitation Center in St. Louis Park and Galtier Health Center in St. Paul. Two facilities that have since been closed also are named in the suit – Lexington Health & Rehabilitation Center in St. Paul and Whittier Health Center in Minneapolis.

SOURCE: Nursing Home Abuse › 1,400 nursing home residents sue Minnesota chain

Medicaid, which is the state-federal body that provides health coverage and nursing home care to the poor, pays nursing homes millions each year for treating patients who qualify for Medicaid. Advocates for the elderly contend that nursing homes have successfully lobbied politicians to make qualifying for community care more difficult, thus forcing these older or disabled individuals to move into nursing homes when they are independent enough to live at home, with relatives or in assisted living.

Individuals who qualify for Medicare and who become sick or disabled have no trouble qualifying for nursing homes, but are finding it far more difficult to receive Medicaid-supported services, the report states.

Advocates cite a 1999 U.S. Supreme Court case known as the Olmstead decision, in which the court ruled that the unjustified placement of individuals in institutions such as nursing homes amounted to discrimination under the Americans with Disabilities Act. The decision stated that states must provide community care if it can be accommodated and would be appropriate.

“There’s a lot of concern that the nursing home industry is very powerful in many states and has made sure that a lot of Medicaid dollars go to institutional care as opposed to home and community-based care,” says an attorney at the Center for Medicare Advocacy.

SOURCE: Nursing Home Abuse › Florida Medicaid recipients want to choose where to live

Joanne now doubts that decision.

Last month, Luveda fell from her bed in the night and pressed her personal emergency call button. The fall caused a two-inch gash on her leg, which bled out on to the floor of her room at Villa Valencia. Nearly fifteen minutes later, a staffer called 911. When paramedics arrived, Luveda was unresponsive and was later pronounced dead at a local hospital.

The Orange County (Calif.) Register reported today that the family of Luveda has filed a wrongful death lawsuit in Orange County Superior Court against Villa Valencai and its owner, Sunrise Senior Living Inc. Joanne contends her mother’s death could have been prevented.

According to the story, a spokesman for the California Department of Social Services said Villa Valencia would be cited for not filing a report about Luveda’s death within seven days of the incident. The citation will require the facility to submit a report on how it would correct similar problems in the future.

While assisted living patients have similar needs to those in nursing homes, they are governed by less stringent regulations.

SOURCE: Nursing Home Abuse › Family files wrongful death lawsuit against California facility

Jennifer Hopley, Mr. Hopley’s daughter and administrator of her father’s estate, filed an 18-count wrongful death lawsuit against the nursing home, two doctors, a nurse, and other facility staff. According to the story, the suit claims negligence 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.”

The lawsuit also alleges that the nursing home 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.

According to the National Diabetes Information Clearinghouse (NDIC), 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.

SOURCE: Nursing Home Abuse › Family sues Illinois nursing home for wrongful death

The Times quoted the attorney in the case as saying, “These facilities are giving out brochures about this wonderful, superlative care — one need only look at their regulatory history . . . and see that it’s just not true.” Approximately 4,000 people joined the suit. Contrary to the company’s promotional materials, state regulators found Sun-Mar homes were sorely understaffed and that employees were insufficiently trained.

The attorney laid part of the blame on the California Department of Public Health for not carefully overseeing the facilities, according to the newspaper report. State governments oversee the licensing of nursing homes in each state.

According to the California Public Health Department (CDPH), the department’s responsibility includes overseeing the certification of nursing assistants and licensing of nursing home administrators.

The lawsuit mentioned other facilities across the region where state regulators noted deficiencies. “If everyone had known the regulatory history of these facilities they would not have put their mother or father in them,” the attorney is quoted as saying.

As part of the settlement, a monitor chosen by the plaintiffs’ attorney will inspect five Sun-Mar facilities at random each quarter.

SOURCE: Nursing Home Abuse › California nursing home settles lawsuit

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

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

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

SOURCE: Nursing Home Abuse › $1 million neglect verdict