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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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

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

The inspection also raised questions about several patients whose weight had dropped dramatically. A spokesperson for the home says weight fluctuation among the elderly is not uncommon and oftentimes is unavoidable.

The state also claims a nurse did not keep proper medical records on a patient and didn’t notify the patient’s physician about problems with that patient’s health, which put that patient in immediate jeopardy.

Quality Care Health Center was ordered to put together a corrective action plan, which already has been approved by the state. The state will now perform another inspection of the facility. If no deficiencies are noted and the problems have in fact been addressed, the state will lift the suspension and Quality Care will be able to admit new residents. However, if the state inspection finds that action has not been taken to correct the problems that caused the admissions ban at the home by April 3, the Federal government will halt Medicare and Medicaid funds for residents.

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

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

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Had McCauley been wearing the doctor-prescribed bracelet that would sound an alarm and lock the doors if she wandered too close to the home’s exit, perhaps her story wouldn’t have ended so tragically. Attorney General Martha Coakley believes the home was negligent by not ensuring that McCauley was wearing the bracelet.

The home’s parent company, Life Care Centers of America, headquartered in Tennessee, is charged with manslaughter neglect of a long-term care facility resident. Trial began this week in Middlesex Superior Court, according to the Wicked Local. The company faces up to $6,000 in fines if found liable.

Life Care operates more than 200 facilities in 28 states and has been in the spotlight for erroneous practices in the past. In 2005, the company shelled out $2.5 million to resolve a Medicaid/Medicare fraud case. In 2007, the company paid an additional $164,000 for deficiencies directly related to deficient resident care that put resident’s in harms way.

Meantime, the Massachusetts legislature is considering a change in law that would increase the maximum fine for a corporation convicted of manslaughter from $1,000 to $250,000. If the law is passed, it would not apply retrospectively to McCauley’s case.

SOURCE: Nursing Home Abuse › Nursing home corporation faces manslaughter charges

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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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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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