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

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

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

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

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

Read the complaint.

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

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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

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The victim, 54, was a resident of Raintree Convalescent Hospital. He suffered from dementia and schizophrenia which caused him to have difficulty swallowing his food. When he moved into the home in June 2006, doctors ordered that he follow a soft diet and required supervision while he ate as he “stuffs his mouth with food.”

On Nov. 19, 2008, the man was given a lunch of spaghetti with two whole meatballs, tossed salad, roll, two cookies and milk. A certified nurse’s aide served the man in his room and then left him alone to eat. While the man ate, the meatballs became lodged in his throat. He walked out of his room and up to a nurse in the hallway. He was pale and unable to speak and then collapsed. Nurses performed the Heimlich maneuver but were unable to dislodge the food from the man’s throat. Cardiopulmonary resuscitation was performed but the man died.

The cook and the nurse’s aide were fired for negligence and the nursing home conducted a dietary training for all nursing staff. Though new procedures were put in place, the home received a AA citation from the California Department of Public Health. AA citations are rare and are the most serious penalty a California nursing home can receive, according to the California Advocates for Nursing Home Reform.

SOURCE: Nursing Home Abuse › Nursing home receives steepest penalty in resident’s death

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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

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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

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DuPage County, Illinois

The freezing death of Sarah Wentworth has sent chills through the Itasca, Illinois, community where she lived – and subsequently died – at a nursing home. Wentworth suffered from dementia, 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 Wentworth 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.

A state attorney wants to ensure more needless deaths like Wentworth’s don’t happen in nursing homes. He is urging the Illinois Department on Aging to establish an Elder Abuse Fatality Review Team to investigate claims of violence against elderly residents age 60 and older, including accessing previously restricted information such as nursing home records. The team would be made up of state attorneys, the sheriff, the county coroner, nursing home associations and senior citizen agencies.

A similar death review team 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 nursing home claims.

State approval for the Elder Abuse Fatality Review Team should come within the next few months. Team membership would be solicited shortly thereafter.

SOURCE: Nursing Home Abuse › State attorney hopes to form nursing home death review team

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The single-story building burned so quickly that it was entirely engulfed in flames by the time fire fighters arrived. The cause of the fire has yet to be determined but many are beginning to suspect the 45-year-old building’s poor infrastructure and the gross negligence of a nursing home manager, who had been fined several times prior to the fires for neglecting fire safety rules. For one, he was repeatedly told to install smoke detectors but never did. The home’s staff also reportedly left residents unattended at night.

Russia has been plagued with fire deaths in recent years. In 2008 alone, more than 15,000 people died in fires – five times more than in the U.S. And thus far in 2009, 2,000 Russians have perished in fires. Over the past two years, at least six Russian orphanages, nursing homes and schools have caught fire, killing more than 100 people.

The country is populated by numerous aging buildings with weakened infrastructures and outdated electrical systems, making the buildings unsafe. Inadequate and dysfunctional fire fighting equipment makes fighting the fires difficult. That paired with social issues such as high rates of smoking and alcohol abuse have only exasperated the problem, according to the story.

Critics say the government would rather focus on defense spending, security services and “showy displays of the country’s military,” according to the story. Perhaps the biggest problem, says Boris Nemtsov, a member of congress and former Russian Deputy Prime Minister, is the government’s indifference to its own people.

SOURCE: Nursing Home Abuse › Russian nursing home fire kills 23, proves fire safety lax in country

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Sloan gradually began to hear the truth. CNA Karen Buck had hit and slapped Talbott numerous times in the face causing a black eye and two other facial bruises after Talbott spit at her. Sloan contends that Buck caused her mother pain while putting stockings on her sore feet.

The executive director of Williamsburg Village, now known as Golden Living Center, issued a statement saying that the nursing home had reported the situation to authorities and that the incident had been fully investigated by the state, the ombudsman, the police and the attorney general’s office. The statement claimed, “After the investigations were concluded, the alleged abuse was not substantiated, and the prosecutor has declined to pursue the case.”

However the prosecutor’s office did charge Buck with felony battery resulting in bodily injury. Battery becomes a felony offense when the victim is, among other things, an endangered adult, as was Talbott, who moved into the nursing home after suffering a stroke.

Talbott died less than three months later. Attorneys hired to represent Talbott’s estate claim that the brutal and savage assault and beating Talbott suffered at the hands of Buck, and the nursing home’s negligence, resulted in serious complications that ultimately led to Talbott’s wrongful death.

Golden Living Center has a four-star rating by the federal government, which his based on inspections, staffing levels and quality measurements.

SOURCE: Nursing Home Abuse › CNA punches, slaps nursing home patient in face

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The town of Albert Lea was rocked last year when an investigation revealed that six nursing home aides at Good Samaritan Society were charged in connection to disturbing cases of abuse on patients who suffered from diseases that affect memory and cognition. A coworker told authorities that she had seen the aides holding down residents, putting their fingers in residents’ mouths and noses to quiet their cries and screams for help, hitting and rubbing their breasts and genitals, and sexually “humping” some residents. The coworker said the aides called the abuse “work fun or to get a good laugh.”

Two of the aides – 19-year-old Brianna Broitzman and 18-year-old Ashton Larson – were charged as adults and face various charges including assault, abuse of a vulnerable adult by a caregiver, and abuse of a vulnerable adult with sexual contact.

Bledsoe held a press conference and town hall meeting last month in Albert Lea. He says his return visit this week is in response to several family members of victims who have contacting him asking for guidance.

A Perfect Cause is a victim’s advocacy organization that fights “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”

SOURCE: Nursing Home Abuse › Watchdog group founder plans second visit to Albert Lea

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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

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The story first broke in May with reports that investigators were looking into allegations of abuse at the nursing home. By August, the details began to be revealed. An employee at the nursing home told facility authorities that she was aware that other aides in the home were holding down residents, putting their fingers in residents’ mouths and noses to quiet their cries and screams for help, hitting and rubbing their breasts and genitals, and sexually “humping” some residents. She said the aides called the abuse “work fun or to get a good laugh.”

The laughter ended for those who engaged in the abuse when the story came to light. In total, six former certified nursing aides at Good Samaritan Society were arrested – two are charged as adults. The remaining four are charged as juveniles as they were younger than 18 at the time of the incidents. All six face gross misdemeanor charges in the alleged abuse of 15 cognitively impaired residents.

Details of the abuse radiated through the country, garnering attention from national media, including the “Today” show on NBC. The story also drew the attention of A Perfect Cause, a national watchdog group dedicated to ending “needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”.

“The story will continue to reverberate in 2009 as the wheels of the legal system move,” the news story continues.

SOURCE: Nursing Home Abuse › ‘Abuse-for-thrills’ case top 2008 news story in Albert Lea

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“What they did was awful. My mother-in-law tried to tell us … she did everything to keep people away — biting, hitting, striking out,” she was reported as saying in a story by the Star Tribune. “Somebody needs to stand up for our moms and grandparents.”

The abuse is part of a investigation into the “attacks-for-thrills” case where six nursing home aides were accused of abusing cognitively impaired residents at Good Samaritan Society for on-the-job entertainment. According to prosecutors, the aides held down residents, put their fingers in residents’ mouths and noses to quiet their cries and screams for help, hit and rubbed their breasts and genitals, and sexually “humped” some residents.

Two of the accused – 19-year-old Brianna Broitzman and 18-year-old Ashton Larson – are charged as adults with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct, and failure to report suspected maltreatment. All are gross misdemeanors. Four other aides, all charged as juveniles, are charged with not reporting the suspected abuse. The Freeborn County Attorney says Broitzman and Larson will likely face suspended jail sentences and probation, which family members think is an outrage.

A family member, who is not named, contacted Wes Bledsoe, president and founder of A Perfect Cause, a watchdog group that fights “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.” Bledsoe came to Albert Lea to organize a town hall meeting, which was preceded by the press conference. At the gathering, Bledsoe denounced the county attorney who filed the charges, Good Samaritan, and the Minnesota State Health Department. Bledsoe argued that had the two women charged with the crimes been men, they would be facing much more serious felony charges instead of misdemeanors.

“They thought they could get away with it, because the residents had dementia, couldn’t speak up for themselves. Well, if they are guilty, maybe they will get away with a slap on the wrists,” the Star Tribune quoted Bledsoe.

SOURCE: Nursing Home Abuse › Families, advocate speak out at Albert Lea town hall meeting

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Wes Bledsoe, president and founder of A Perfect Cause, arrives Thursday and will host a town hall meeting addressing the abuse at Good Samaritan Society. A Perfect Cause is a victim’s advocacy organization that fights “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”

According to prosecutors, the nursing aides held down residents, put their fingers in residents’ mouths and noses to quiet their cries and screams, hit and rubbed their breasts and genitals, and sexually “humped” some residents. The aides allegedly called the abuse “work fun or to get a good laugh.”

But it was no laughing matter. The adults in the case, 19-year-old Brianna Broitzman and 18-year-old Ashton Larson, are charged with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failure to report suspected maltreatment. All are gross misdemeanors. The Freeborn County Attorney says they will likely face suspended jail sentences and probation.

The abuse reportedly began early this year and lasted for several months. Three of the 15 residents have died and the others cannot be interviewed by investigators because they suffer from diseases that affect memory and cognition.

Bledsoe said the reports of recreational abuse at the nursing home disturbed him, but did not surprise him. “Where is the moral compass of these employees?” He posed in the newspaper story.

SOURCE: Nursing Home Abuse › Watchdog group holds town hall meetings in Albert Lea

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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

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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

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Jack Crow believes the first call should be to the police.

Crow believes his wife was abused in an Oklahoma nursing home; an investigation determined that her injuries were due to a fall. Regardless, Crow is joining forces with the nonprofit organization A Perfect Cause to make crimes against nursing home patients immediately reportable to police, according to Oklahoma City’s KOCO 5.

A Perfect Cause is a victim’s advocacy organization fighting “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”

Crow argues that standards for crimes against nursing home patients shouldn’t be different from the rest of the public. “If she (Crow’s wife) had been assaulted at a KMart, we wouldn’t talk about the proper response. We would have called the police,” he told KOCO 5.

The state’s district attorney and attorney general’s office agree. “When you have a crime scene, there is evidence,” said Scott Rowland, of the Oklahoma County district attorney’s office. “There is witness testimony in these crime scenes.”

A committee was formed to look into the proposal.

SOURCE: Nursing Home Abuse › Nursing home advocates fight to change crime-reporting statutes

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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

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

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

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

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

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

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

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

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

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

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

SOURCE: Nursing Home Abuse › Speak out!

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