Posted On: July 31, 2008

Woman Sues Nursing Home After Developing Pressure Sore

Dorothy Midcap, 64, entered Mansfield Memorial Homes, also known as Geriatric Center of Mansfield, for rehabilitation after suffering a hip fracture. No one realized that her problems were just beginning.

While at the facility, Ms. Midcap developed a pressure sore that became infected. The infection worsened and extended down to the bone. She had to be hospitalized, undergo surgery, and use a wound vac. As a result of the nursing home's failures, Ms. Midcap has filed a lawsuit alleging in part that her injuries were due in part to a staffing shortage. Questioning whether her wound has even yet fully healed, her attorney stated that her recovery from the pressure sore was longer and more difficult than recovering from her broken hip.

In February, Mansfield Memorial Homes was one of two Ohio homes that the Centers for Medicare and Medicaid Services determined had poor inspection records. In fact, there are only 131 nursing homes nationwide on the Special Focus Facility list. This means that the facility must be inspected twice a year instead of the standard annual inspection. The facility can only be removed from the special focus list if it the next inspection reveals no more than three minor deficiencies. The State of Ohio continues to monitor this facility.

Posted On: July 30, 2008

Manor Care Wrongful Death Case On Trial

Betty Wolfe was sent to Heartland of Charleston, a Manor Care, Inc. facility in Charleston, West Virgina, to receive physical therapy and recuperate from surgery. She wasn't supposed to die.

Ms. Wolfe was, by doctor's order, to be assisted to go to the restroom. Instead, the overworked staff insisted she wear diapers. When Ms. Wolfe tried to follow doctor's orders anyway, she fell. The fall led to her placement in a bed where it was difficult for her to get out. The nursing home staff did not change her diaper timely, sometimes making Betty lie in her own waste for hours on end. Several times, she was found wet from her neck to her feet. The constant saturation lead to infected pressure sores on her tailbone which the staff also failed to treat properly or timely.

Ms. Wolfe's family alleges the facility was frequently understaffed and experienced a 150% turnover rate among the nurses and staff. The workers who were there frequently often had to work double shifts. The employees were not properly trained and were overwhelmed with work. The defense counters that Ms. Wolfe "was on a downward slope" when she transferred to Heartland of Charleston. The defense also suggested that Ms. Wolfe had several long standing medical issues, such as high blood pressure, coronary artery disease, and chronic urinary tract infections.

This creates the question: do long standing medical issues give a facility a right not to provide quality of care and quality of life and basic poor care? To read more on this story, go to Trial Begins in Nursing Home Case

Posted On: July 26, 2008

Baby Boomers Tune In To Nursing Home Abuse?

The nursing home population is beginning a gradual shift from the World War II generation to the older "baby boomers". As a result, abuse of baby boomers residing in nursing homes is a growing phenomenon. Many times, family members of baby boomers simply don't know where to turn to get help. The National Center on Elder Abuse has an excellent fact sheet providing examples of types of abuse and neglect typically found in nursing homes and the appropriate steps that the family needs to take to report the alleged abuse. The site also lists each state's hotlines for reporting nursing home abuse, and a directory for all state and regional ombudsman, state offices, state adult protection agencies, nursing home quality review boards, Medicaid agencies and Medicare Fraud Control.

If you suspect that your loved one is suffering abuse at the hands of a facility's staff and need guidance, go to the Department of Health & Human Services' National Center on Elder Abuse and locate the appropriate reporting agency in your state.

Don't be afraid to report abuse. Also, feel free to call the the Terry Law Firm. We handle cases of nursing home abuse and neglect all over the United States.

Posted On: July 25, 2008

Wisconsin Nursing Home Being Closely Watched By State

To say that Otto Kangas did not receive the care he should have while a patient at St. Francis in the Park Health and Rehabilitation in Superior, Douglas County, Wisconsin is an understatement. In March 2008, after two weeks of an untreated infection, he was hospitalized for a pressure sore on his heel, gangrene, and cellulitis. In violation of federal regulations, no one at the nursing home bothered to tell his family of this change. His family only learned of his plight when the hospital called looking for permission to operate on Mr. Kangas' foot, which had a wound "open to the bone" with yellow drainage. Surgery was performed to remove dead tissue from the wound. Unfortunately, Mr. Kangas died on April 19 at St. Francis while running a temperature of 102 degrees.

St. Francis in the Park Health and Rehabilitation, which is owned by HP Superior, Inc., is facing 20 citations for federal and state nursing home regulation violations. At least three of these have the potential for the most serious designation of "immediate jeopardy". The monetary penalty for those violations totals $154,700 and federal government fines continue to accrue at $300 per day until the facility is back in substantial compliance. The state may be assessing additional fines in the future.

The State of Wisconsin is carefully watching the HP Superior owned-facility due to the number of recent complaints. The facility is being watched so carefully that there are two full-time monitors in place. Complaints range from pressure sore problems, staffing ratio problems, insufficient standards of care, poor housekeeping, freedom from restraints, infection control, preventing accidents, staff in-service training, and medical record maintenance. The staffing ratio problem had been previously addressed after a state visit in April, but the plan of correction was only followed for one week. The corporate office fired the nursing home administrator, Gerald Hodges, for refusing to cut staff ratios further. The new administrator began in May and reportedly cut staff hours by 17%.

More complaints were received at the end of May and early June. One complaint was filed by a facility resident awaiting lung transplant on May 27. The complaint was that she waited from 25 to 45 minutes for assistance. She died the same day the complaint was made.

Conditions deteriorated further between June 4 and June 16. In one instance, a woman died after the staff failed to perform CPR despite a medical directive to do so. In another case, a fall-risk patient had to wait nearly an hour to be taken to the restroom. Staff members told surveyors about insufficient staff levels and that with the staffing provided, they were unable to provide good quality of care.

Posted On: July 24, 2008

Massachusetts Nursing Home Owners Plead Guilty to Felonies

Nursing home owners Joel Logan and Todd Logan have pled guilty to numerous felony charges relating to the five Massachusetts nursing homes they formerly owned. The Logan brothers pled guilty to stealing funds and neglecting patients. They admitted to using Medicaid funds for personal luxury while simultaneously failing to provide their residents with basic necessities of life and sanitary conditions. Bills went unpaid to pest control and medical waste removal businesses and lead to interruptions in service. They also stole employee wages withheld for 401(k) retirement accounts and failed to pay insurance companies for short-term disability and life insurance policies. The money taken was used to fund a yacht and attendance at horse races. All five of the nursing home facilities have now gone into court-ordered receivership. Three of the facilities eventually were closed and two were sold.

The Logan brothers have been forbidden to work in the health care industry again and are not allowed to be in charge of any employee benefit plans. They have been ordered to pay $150,000 in restitution and have been sentenced to five years probation.

Posted On: July 24, 2008

Nursing Home Employee Bites Back

Freedom Village is a Bradenton, Florida retirement community offering independent living, assisted living, and skilled nursing care. On May 26, 2008, it was there that a 98 year-old Freedom Village resident suffered abuse at the hands of her caregiver.

Apparently, the 98 year-old resident was not cooperating with Freedom Village employee, Shamara Daniels. So in her effort to stop the 98 year-old resident from biting her, Ms. Daniels, apparently chose to bite back. In the altercation, the resident suffered two bruised eyes, scratches, brusies, and a bite mark on her hand. The facility investigated the incident involving Ms. Daniels and fired her on May 28, 2008. Bradenton Police arrested Ms. Daniels on charges of abuse.

Posted On: July 23, 2008

Nursing Home Veterans Deserve Humane Treatment

Their ages and stories vary, but they all have one thing in common - they are our country's veterans, members of America's "Greatest Generation" who deserve so much more than what we have given them. They all have risked their lives for our country and our freedom. Their reward? A veterans' home that is no longer their "home" but an "institution" where they are no longer "residents" but "customers or clients".

Multiple investigations into the treatment of the residents of the Emory L. Bennett Veterans Nursing Home in Daytona Beach, Florida are ongoing by the State Department of Children & Families, Agency for Health Care Administration, and the Department of Veterans Affairs. The changes have come about since the arrival in August 2007 of a new administrator, Belkis Pineyro-Wiggins, a former Navy corpswoman. Since her arrival, residents have been told that the facility is not their home - it is an "institution". Further, they are no longer residents, but "customers" or "clients". Reportedly, staff has been slashed so much that the remaining staff members do not have enough time to perform their regular tasks, much less any specialized tasks. In fact, the facility has lost 38 of approximately 120 employees since September 2007. There have also been complaints of residents' belongings being thrown away and mental and physical abuse.

Posted On: July 22, 2008

Even Celebrities Can't Avoid Long Term Care Abuse

Boxing legend Joe Lewis made a living out of abusing his opponents in the boxing ring. The boxing ring is where the abuse for Joe Lewis' family should have ended. However, Joe Lewis' 92 year old sister, Vunies High, experienced her own form of abuse at the hands of the Detroit, Michigan-based Heatherwood, an independent living center. Heatherwood had been providing assisted living services in addition to independent living services for Ms. High, who was an Alzheimer's patient who required extensive assistance due to her failing mental health. In February 2008, Ms. High was allowed to wander unnoticed and unmonitored outdoors into the cold weather. Confused and unable to find her way back, Vunies High died of hypothernmia, which means that her body temperature fell so low that she died. Ms. High's family has filed a wrongful death lawsuit alleging negligence by Capital Senior Living, the operator of Heatherwood, in not monitoring Ms. High, for keeping her as a patient in spite of her compromised mental condition, and failing to arm the emergency exits with alarms.

Posted On: July 21, 2008

Illinois Nursing Home Beating Death Prompts Lawsuit - UPDATE

We previously discussed the story, Illinois Nursing Home Resident Beaten to Death concerning nursing home resident Ivory Jackson, who was beaten to death by his roommate.

Just days ago, the Estate of Ivory Jackson filed a lawsuit on July 14, 2008 against All Faith Pavillion. The Estate of Ivory Jackson, a nursing home resident recently beaten to death by his roommate, alleges that Mr. Jackson was paired incorrectly with a roommate with a history of mental illness. The roommate, Solomon Owasanoye, 50, has been charged with First-Degree Murder in Cook County, Illinois.

Posted On: July 20, 2008

Are Shaved Heads and Toga Parties Nursing Home Abuse? New York State Thinks So! - Follow Up

The State of New York has opted to shut down Rosewood Nursing Home. The State opted for the closure after an inspection earlier this month revealed multiple health and safety violations. An Emergency Order signed by the state health commissioner effectively places the facility on the State's "Do Not Refer" list as well as suspends their right to operate. The current residents of Rosewood have approximately one week to find another place to live.

To read more of the original article, go to Are Shaved Heads and Toga Parties Nursing Home Abuse? New York State Thinks So!

Posted On: July 19, 2008

Are Shaved Heads and Toga Parties Nursing Home Abuse? New York State Thinks So!

New York state health officials recenty seized control of the Rosewood Adult Care Home in Fulton, New York after receiving multiple reports of abuse and neglect.

The abuse started in June 2008, when two residents were reported to have head lice. The nursing home owner, Rose Shorter, had several residents taken outside for a "party on the patio" and forced them to cut their hair close to their head. The haircuts were administered by a her fifteen year old son, who used no infection control substance on the electric trimmer to prevent the spread of lice. Ms. Shorter also insisted that every residents' clothes should be cleaned. However, the residents were left with nothing to wear but bed sheets and could only sleep on bare mattresses for several days. Ms. Shorter called the wearing of bed clothes "a toga party".

There were other signs of neglect at the New York facility. Soiled and urine-soaked clothes, residents not being given prescribed medications, falls unreported to physicians and families, and open, untreated sores on residents were just a few examples of abuse uncovered. As a result, the State of New York is taking steps to revoke the operating license of Rosewood Adult Care Home and the other adult care facility owned by Ms. Shorter has had its operating certificate suspended.


Posted On: July 18, 2008

Wisconsin Nurse Gets Jail Time for Neglect

Nurse Eileen Lee was sentenced on Friday, July 18 in a horrific case of a nursing home facility "passing the buck". Ms. Lee, a floor nurse, was sentenced to four months in jail and three years probation. She was a floor nurse in 2005, when the facility that employed her, Mount Carmel Medical and Rehabilitation Center in Burlington, Wisconsin, put her in charge of wound care at the facility. Keep in mind, the job she was given was previously covered by five people. She was also eventually named Assistant Director of Nursing and finally the Director of Nursing at the facility.

Overwhelmed, Ms. Lee tried to do her jobs as assigned but the sheer magnitude of her multiple jobs overwhelmed her. She reportedly suffered from "compassion fatigue" and began to minimize the seriousness of the wounds on her patients and failed to properly care for the pressure sores of several residents, directly resulting in the wrongful death of one resident.

At her sentencing, the judge acknowledged that although Lee was "the face of the nursing home", she was not the sole responsible party nor the only guilty party in the case.

Posted On: July 18, 2008

FBI Investigating Kentucky Nursing Home

The FBI and the Kentucky Attorney General are investigating allegations that a high-ranking Nursing Home Regulator in the Kentucky State Inspector General's Office may have influenced state investigations of the Garrard Convalescent Home in northern Kentucky. Moses Young, the Assistant Director of Nursing Home Regulations was fired amid allegations that he was on-the-take and jeopardizing the care and safety of some of Kentucky's most vulnerable citizens.

An internal investigation revealed that Young lived in the upscale gated community of Griffin Gate in Lexington. The home in which he lived was owned by Ralph Stacey, Jr., who is the operator of the Garrard Convalescent Home. Young has been unable to provide any documentation of rent payments made to Stacey. Further, the state investigation uncovered 427 phone calls over an eighteen month period from Moses Young's government cell phone to Ralph Stacey, Jr. Many of these calls were on the same day complaints were filed against Stacey's nursing home or when state investigators were headed there for a surprise inspection.

Since 2004, the Garrard Convalescent Home has received 23 complaints, ranging from abuse and neglect to bedbugs. State records show that each complaint was dismissed by state regulators after determinations that they were unsubstantiated. Since the investigation into Young's involvement with Garrard Convalescent Home operator Ralph Stacey, Jr. began, the nursing home has been cited with a Type "A" citation and has been recommended for more than a half a million dollars in fines. A Type "A" citation is the most serious and suggests the safety of residents was in jeopardy.

To read more on this story, go to Kentucky's #2 Nursing Home Regulator Has Been Fired Due To Improper Relationship With A Nursing Home Operator

Posted On: July 17, 2008

Iowa Nursing Home Facing Federal and State Sanctions After Wrongful Death of Resident

Ridgecrest Village, a skilled nursing facility located in Davenport, Iowa is facing federal and state sanctions over injuries to residents requiring medical care and a resident's wrongful death following a fall.

Ridgecrest Village is not allowed to admit any new residents, is on a conditional status with the State of Iowa, and faces retroactive fines from the federal government to the tune of $400 per day back to the end of April, as well as state fines since the beginning of 2008 total more than $20,000. It is also possible that the facility could lose its Medicare and Medicaid funding.

Ridgecrest Village was fined $10,000 in March 2008 for a January death of a resident who fell out of a wheelchair. The resident was being wheeled in the chair by a staff member when the resident put a foot down. The result was the wheelchair came to a sudden halt and the resident fell to the floor and died the next day from the head injury. Also included in the fine was another resident's fall in November 2007 that resulted in a head laceration and broken hip.

Other instances of abuse include a resident who experienced improper care of a foot wound and constipation so severe hospitalization for a MRSA infection was required. Part of this resident's foot had to be amputated and there are still problems with the care for the incision. Another resident was hospitalized for dehydration after receiving very little food or drink for several days. Other problems reported are improper toilet care, inadequate pressure sore treatment, and cleanliness problems.

More problems became evident in May and June 2008. In May, a resident fell from a chair, resulting in a hip fracture that went undiagnosed for two days. Despite experiencing severe pain, the nursing home did not take the resident to the emergency room for two days. In June, another resident fell from a bed and suffered a head wound. The resident had a privately hired "sitter" who had spent the evening with the resident but left before staff members found the resident on the floor covered with blood.

Posted On: July 16, 2008

Texas Nursing Home Resident Catches Medication Error

Richard Ward saved his own life. If it hadn't been for his diligence, he would, in all probability, be dead from a heart attack or blood clot.

Ward was a resident at Life Care Center of Plano after suffering two heart attacks in five days. He admitted himself to the facility for care and provided the staff with a list of all of his medications. Mr. Ward is a retired Army emergency Medicine physician's assistant, so he knows his way around his medications and his medical chart.

After a mere 24 hours at the facility, Mr. Ward was feeling worse than ever. He was so weak he could barely walk to the restroom. Concerned, he began checking his medication cup and to his surprise, the medication cup didn't match what he should have been taking! He questioned facility staff and was told that he was taking what he was supposed to have.

Two days later, a doctor finally visited him at the facility. The doctor performed the normal physical and history and tested his INR level. Testing an INR level is done to determine clotting time of blood. To Mr. Ward's surprise, the INR was way below what doctors had ordered. The facility doctor realized that he was not being given Coumadin and Lovenox, both blood thinners. An emergency meeting was called and the appropriate medications were ordered. Unfortunately, six hours later, Mr. Ward still had not been given the appropriate medications. An Administrator was contacted and promised to call the pharmacy. No one followed up when the medicine had arrived at the facility - Mr. Ward could have been taken care of earlier if the appropriate communication between the facility and pharmacy had been made.

Mr. Ward wasn't finished suffering yet - there was more to come. A Lovenox shot, which is to be administered every 12 hours, was not received. He contacted the medication nurse himself and was told that she hadn't gotten around to him yet. He was given his medicine, along with the past due injection, 45 minutes after talking to the nurse. The shot was late again that night and was told that it hadn't been ordered. He managed to get his shot and checked out of the facility much earlier than expected.

Mr. Ward ordered his chart and the chart revealed multiple errors in identity and medication. To read more concerning this matter, go to Resident Claims Nursing Home Negligence.

Posted On: July 15, 2008

July is Elder Abuse Awareness Month In Illinois

July has been declared Elder Abuse Awareness month in Illinois by Governor Rod Blagojevic. Illinois is leading the nation in calling on people to take care of our elderly and report any abuse found. Abuse of our elderly is more common that people think and takes many forms.

The Illinois Department of Aging indicates that it is possible that as many as 80,000 elderly are victims of abuse - whether it be physical, financial, or emotional. Some signs of abuse are untreated injuries or cuts and scratches, refusal to allow visitors by caregiver, physical deterioration, changes in behavior, and changes in finance, such as unauthorized bank withdrawals. All of these type things should trigger a call to Illinois' 24-Hour Elder Abuse Hotline at (866) 800-1409 or Lutheran Social Services of Illinois (815) 626-7333. Reports to these numbers are confidential. To read more on this matter, go to Illinois Deserves The Truth.

Posted On: July 14, 2008

Three Residents Die at Iowa Nursing Home

Glenwood Resource Center, a home for disabled children and adults, has reportedly contributed to the deaths of at least three residents in the past year. The facility has repeatedly failed to improve medical care for its residents and is currently being investigated for an "unusually high number of deaths among its residents". The facility has been under a federal court order for the last four years to improve resident care. The home has made little or no progress to improve the medical care it provides to its residents.

Posted On: July 14, 2008

Ohio Nursing Home Worse Than A "Crack House"

The Ohio Department of Health is trying to take away Medicaid funding from Westside Health Care Center and its attached assisted living facility. Described by local police as ""worse than any crack house they had come across"", they have raided the facility twice in 2008. The Department of Health tried to close the facility after its examiners decided that the health and living conditions for the facility were inadequate. Given the opportunity to come up with a plan to correct deficiencies and prevent closure, the facility failed to do so. The facility currently has approximately 40 residents.

Currently, a judge has blocked the closure because of the trauma it would cause the residents. A hearing to determine if the state will be allowed to remove the Medicaid funding will take place on July 23. The owner of the facility faces 180 days in jail and/or a $1,000 fine if he is found guilty of the charges stemming from the housing and fire code violations at the two facilties. The company also faces a fine of $5,000. To read more on this story, go to State Tries To Close Nursing Home.