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 Inspector General’s Office of the Cabinet for Health and Family Services didn’t see the humor in the incidents and has requested Kentucky facilities to prevent the same such use of cell phones among staff.

Some residents were photographed only partially dressed or in compromising situations, such as walking into the bathroom. Others’ voices were recorded as they screamed or made other comments.

In once incident, a woman with Alzheimer’s disease was recorded saying, “I gotta do-do,” to indicate she needed to use the bathroom. The employee who recorded her reportedly played it back to at least 15 people standing at the nurse’s station. At least one staff member said the use of cell phones during the weekend night shift was “out of control.”

Reports of inappropriate cell phone use have sprung up in recent months. Last March, an Oklahoma nursing home employee was arrested after using his phone to videotape his abuse of residents. Last month in Tennessee, two nursing home workers were fired for using their cell phones inappropriately in the home.

A representative with Bluegrass said that all employees involved in the incident at the Kentucky home have been fired and that all 10,000 employees with Signature Healthcare, the company that owns Bluegrass, have been re-educated on the company’s cell phone policy. Those who use cell phones in a resident area are subject to immediate termination.

Source: Kentucky.com

SOURCE: Nursing Home Abuse › Kentucky investigators urge nursing homes to ban cell phones

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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

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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

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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

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Warren’s daughter Linda Meldrum repeatedly warned nursing home staff about her mother’s propensity to wander. She felt her mother was finally safe in a home with a locked unit. But Friday evening something went terribly wrong.

Last Friday, Warren’s body was found on the side of the road just 100 feet west of the nursing home. She was rushed to MetroHealth Medical Center in Cleveland, where she died hours later. Police say Warren disabled the alarm on the door of her room and wandered up the home’s long driveway to Detroit Road, where she was struck by a vehicle that then left the scene.

Warren’s family wants justice and is filing suit against the nursing home for allowing Warren to escape, which resulted in her tragic death, according to The Chronicle-Telegram.

Good Samaritan, which has an 87.7 overall satisfaction by the Ohio Long Term Care Consumer Guide, released a statement stating, “Out of respect for the privacy of the resident and their family, we cannot share any further information, other than to note that all other residents of our health care center are safe.”

Meanwhile, police say they are “basically working with minimal evidence” in the case and hope someone comes forward soon with information about the hit-and-run.

SOURCE: Nursing Home Abuse › Family sues nursing home over resident’s hit-and-run death

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Gregory Logan chose instead to fight the charge.

Last week, Attorney General Martha Coakley cleared Gregory Logan of larceny, according to Wicked Local Braintree.

The announcement comes nearly three years after charges were initially filed against the men. All three were initially charged with taking more than $600, 000 of the $34 million in Medicare funds during that time while also failing to provide basic goods and services to the residents of their facilities. They also were accused of failing to remit deductions withheld from employees’ wages and for a company-sponsored retirement plan. The investigation also revealed that the facilities frequently experienced shortages of food, medicine, personal hygiene items and linens. Vendor bills often went unpaid which resulted in lapses of services such as pest control and medical waste pickups.

“There are two sides to every story. I was accused of stealing from the elderly, and I refused to plead guilty to a crime I did not commit,” Gregory Logan said to reporters.

In 2003, a judge put four of the homes into receivership and the fifth went into receivership a year later. Since then, two of the homes have closed and three were sold to other companies.

Now cleared of wrongdoing, Gregory Logan says he is distancing himself from his family and hopes to continue in health care management.

SOURCE: Nursing Home Abuse › Nursing home founders’ grandson cleared of larceny

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The assistant attorney general accused the men of taking more than $600,000 of the $34 million in Medicare funds during that time while also failing to provide basic goods and services to residents of their facilities. Both pleaded guilty in July to misappropriating Medicaid funds, conspiracy, larceny, embezzlement and patient neglect. They were put on a five-year probation and were ordered to pay $150,000 in restitution.

Charges were filed after a three-year investigation which also revealed that the Logan facilities frequently experienced shortages of food, medicine, personal hygiene items and linens. Vendor bills often went unpaid, which resulted in lapses of services such as pest control and medical waste pick-ups.

The Logans also are accused of failure to remit about $55,000 in deductions withheld from employees’ wages for a company-sponsored 401(k) plan. They also are charged with failure to remit more than $22,000 in employee wage withholdings for short-term disability policies and individual life insurance policies.

Gregory Logan’s grandparents Samuel and Florence Logan founded the nursing home operation. The family once owned and operated one of the largest and oldest nursing home operations in the region. In 2003, a judge put four of the homes into receivership, and the fifth home went into receivership in 2004. The order was spurred by mismanagement of the homes. Since then, two of the homes have closed and three were sold to other companies.

SOURCE: Nursing Home Abuse › Owner of nursing homes faces larceny, conspiracy charges

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If Winchester Centre loses its contract, the home will stop receiving Medicare and Medicaid 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 nursing homes, which may result in the closing of Winchester Centre. Officials say they are unsure what will happen to Winchester Centre and that other options besides closing are available, such as bringing in a new group of professionals to run the nursing home and incurring daily fines until specific citations are resolved.

Currently, 166 patients reside in the 183-bed facility. The home offers skilled nursing and rehabilitative care as well as a special unit for patients with dementia. Central Kentucky already has lost 400 Medicaid beds for nursing home patients, said Gannoe. “It’s a disaster for Central Kentucky,” she says.

SOURCE: Nursing Home Abuse › Kentucky nursing home facing most serious citation

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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

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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

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When officials at Genesis Rehabilitation suspected Dellarma’s credentials were at fault, they immediately suspended him. Then they contacted the Department of Health, local authorities and the Attorney General’s office. Dellarma was later terminated by his employer.

Dellarma was arrested Friday and charged with aggravated forgery, a Class B felony, for allegedly filing a public document with a public office with the intent to defraud or deceive. Dellarma also was indicted on two counts of felony theft by deception and one count for unlicensed practice of physical therapy, a misdemeanor.

The Morning Sentinel quoted a statement released by Genesis Rehabilitation: “We take issues like this very seriously and are cooperating fully with the authorities as they handle this situation. This is an isolated incident and is not a reflection of the overall quality of care provided to our patients every day. We remain committed to providing a safe, nurturing environment for the patients in our care.”

There was no evidence that any patients were harmed or endangered. No other information about the case was released, and the case remains under investigation by the state’s Medicaid Fraud Control Unit, Health Care Crimes Unit.

SOURCE: Nursing Home Abuse › Physical therapist charged with unlicensed practice, forgery

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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

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

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

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

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

2008 bonus: $8,133

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

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

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

SOURCE: Nursing Home Abuse › Nursing home fines, bonuses

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

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

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

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

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

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

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

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

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

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

SOURCE: Nursing Home Abuse › Speak out!

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