Posted On: September 30, 2008

94% of Nursing Homes Violate Resident's Rights

A recent report published by Daniel R. Levinson, the Inspector General of the United StatesDepartment of Health and Human Services has revealed staggering deficiencies in our nursing home system. Ninety-four percent of nursing homes nationwide were cited for violations of federal health and safety standards in the last year. Seventeen percent of the facilities had deficiencies that caused "actual harm or immediate jeopardy" to patients. In the past year, 37,150 complaints concerning nursing home conditions were filed and 39% of those complaints were substantiated. Complaints included problems such as infected bedsores, medication errors, poor nutrition, and abuse and neglect of our most vulnerable citizens.

Problems were more likely to be found in for-profit homes and approximately two-thirds of our nation's nursing homes are owned by for-profit companies. Twenty-seven percent of nursing homes are owned by nonprofit organizations and a mere six percent are owned by government entities. Ninety-four percent of the for-profit facilities were cited with deficiencies, while eighty-eight percent of nonprofit homes and ninety-one percent of government homes were cited.

Daniel Levinson issued a compliance guide for nursing homes that states that some homes "have systematically failed to provide staff in sufficient numbers and with appropriate clinical expertise to serve their residents". Cases were found where nursing homes billed Medicare or Medicaid for services that were not provided or were so poorly provided that it "amounted to no care at all". As Medicare pays a fixed daily amount for each nursing home resident and facilities with severely ill patients receive a higher payment, some nursing homes had erroneously classified patients or exaggerated their illnesses in order to claim a larger payment.

In December 2008, the Bush Administration will begin utilizing a Five Star System to rate the standard of care, with five stars being the best care. These rankings will be published on a federal web site.

Posted On: September 30, 2008

Drug Overdoses Cited As Cause of Suspicious Illinois Nursing Home Deaths - UPDATE

We recently discussed the rash of suspicious deaths at Woodstock Residence, now known as Crossroads Care Center of Woodstock, in our previous blog. Illinois State Police investigated and determined that one of the nurses deliberately overdosed troublesome patients with morphine in an effort to end their lives. Reportedly, the former Director of Nursing at that facility knew this was occurring and allowed this practice to continue.

Judge Joseph Condon ruled that Penny Whitlock, the former Director of Nursing at the facility, will face the full indictment for allowing a nurse to service as an "Angel of Death" for its dying residents. Prosecutors have charged her with neglecting three residents who died at the home by not reporting the suspicious death of a fourth resident to authorities. She faces five counts of criminal neglect and two felony charges of obstruction of justice. She faces up to three years in prison if found guilty of the charges.

Posted On: September 29, 2008

Tennessee's Nursing Home Patient Protection Act - A Shameful Farce

Five years ago, a tragic fire at an NHC nursing home, formerly on Patterson Street in Nashville, Tennessee, killed 16 residents: one burned to death in the fire, six died of smoke inhalation the night of the fire, and nine more died in the ensuing weeks. The nursing home, owned by NHC of Murfeesboro, did not have a sprinkler system as none was required at the time. As a result of the fire, Tennesseee enacted legislation requiring sprinklers in all nursing facilities and was the first state to do so. The federal government enacted a law requiring nursing homes without sprinklers to have smoke detectors in every room. Thirty-two lawsuits were filed as a result of the fire and NHC settled all thirty-two suits privately within three years.

NHC and other nursing home operators are now trying to change Tennessee state law so that they do not have to bear responsibility in the future if another tragedy of this magnitude would occur. The so-called "Nursing Home Patient Protection Act" is not designed to protect our elderly, but actually designed to protect the nursing home operators. NHC, which reported over $500 million in annual gross profits in 2006 and whose CEO Robert Adams makes more than $1.3 million annually, is supporting legislation that would give residents nearly no recourse against nursing homes in the event of abuse, neglect, or death and would allow nursing home facilities to demand that residents sign arbitration agreements in order to live there. State Senator Jim Tracy (R) and State Representative Randy Rinks (D) introducted the bill that would allow nursing homes free reign over our most vulnerable citizens.

Interestingly, in Tennessee, nursing home violations and admissions suspensions are at an all time high and NHC is right in the middle of it. NHC was the owner of the nursing home where so many residents were lost on September 24, 2003. Four years after this tragedy, NHC received a state inspection report, dated June 20, 2007, for its Milan Tennessee facility. The state charged that the residents at this NHC facility were "at risk of injury or death from a fire". It appears NHC did not learn a lesson from the previous fire that killed 16 people. Instead, they have refused to protect other residents and are also seeking government protection from having to do so.

Posted On: September 29, 2008

Ohio "Crack House" Nursing Home - UPDATE

In previous blogs, we discussed the horrific conditions that residents at Westside Health Care Center were living under. A police raid of the facility in March 2008 found soiled mattresses, vomit in the halls, roach-infested rooms and doors tied shut, among other horrors. Five years of annual inspections had not revealed any problems at the facility.

Abe Fischer, the owner and operator of the Cincinnati facility, closed the facility before a hearing to determine whether or not to revoke the license of the facility could take place this week. Fischer sold the state certificate of need required to operate the facility as a nursing home and the residents of the facility have moved. He still owns a residential care facility next door to the closed facility and hopes to combine the buildings into a single residential care facility next year. His ability to do this hinges on the approval of Ohio city and state health officials, who found dozens of health and safety violations at both of Fischer's facilities this year. The fate of Fischer's other facility, the Terrace at Westside, still is in question. Health Commissioner Noble Maserus will decide shortly if that facility's license will be revoked.

Fischer alleges that the problems at Westside and the Terrace at Westside were exaggerated by police and community activists who don't like him.

Posted On: September 27, 2008

Michigan Nursing Home Faces Attorney General Investigation in Patient Deaths

Two patients at Metron of Allegan in Michigan died from neglect after employees at the facility failed to administer oxygen to them. The date and details of the deaths are unknown at this time. The facility had an identical problem in 2005 when Sarah Comer died from asphyxiation at Metron of Big Rapids when her oxygen tank ran dry. Eight former employees are accused of covering up the death and manipulating the records to give the impression that Ms. Comer received adequate care. The Attorney General's Office filed a civil suit in the matter and criminal charges have placed the Metron facility into state oversight for two years.

In addition to the failure to provide oxygen, which led to the deaths, the facility is also accused of failure to prevent physical and sexual abuse between patients, failure to investigate a patient wandering from the facility, and failure to provide physician prescribed pain medication.

Metron facilities appear to have recurring problems. Metron closed a facility in Kalamazoo in 2006 due to "immediate jeopardy" citations. A Big Rapids Metron facility was found with 26 rule violations in 2004 and nearly lost federal funding, as well as the 2005 death of Sarah Comer, and now two more unnecessary deaths at Metron of Alegan.

A license revocation hearing is scheduled for October 9. Leaders from Metron met on September 24 with state regulators concerning a possible sale agreement.

Posted On: September 26, 2008

Minnesota Nursing Home Cited With Neglect in Patient Suicide

Texas Terrace Care Center, a St. Louis Park, Minnesota nursing home, was cited with neglect in a May 24, 2008 patient death. The patient, who was not considered a suicide risk, suffered from depression and congestive heart failure. On May 24, 2008, a nurse and nursing assistant attempted to force open the door of the man's room but could only open it slightly. The nurse and nursing assistant were able to see the man hanging from the other side of the door. The nursing supervisor called 911 and ordered the nursing staff not to touch the door but to wait for police. Approximately five minutes later, a firefighter pushed open the door without "putting all his weight on it or use of excessive force". The man's skin was still warm, but he was not breathing and had no pulse. As the man had a "do not resuscitate" order on file, all resuscitation efforts were halted. The nursing home excused its inaction by stating "nurses took immediate steps to try to enter the room but worried that forcing open the door would cause further injury to the man if he was still alive". The Minnesota Department of Health issued a "quality of care" citation against the facility because the "facility staff failed to continue efforts to open the door to provide emergency care".

Posted On: September 26, 2008

Drug Overdoses Cited As Cause Of Suspicious Illinois Nursing Home Deaths

Woodstock Residence, now known as Crossroads Care Center of Woodstock, has been fined $300,000 by the Illinois Department of Public Health - a record fine - and the Federal Centers for Medicare and Medicaid Services fined the facility another $57,350 after a state investigation revealed that the improper use of drugs, such as morphine sulfate, lead to five suspicious deaths at the facility in 2006. The report alleges that an employee at the facility mixed drug cocktails to make sure that troublesome residents "would not be bothering her during her shift". Appallingly, the report reveals that a supervisor allegedly told a nurse "I do not care if you play the angel of death, just don't let me know about it". A criminal indictment alleges that Penny Whitlock, former Director of Nursing at the Facility, made that comment to Marty Himebaugh, a licensed practical nurse. Concerning a restless patient, a nurse told a co-worker, "She won't make it through the day. I made sure of that." With respect to a 56 year old Down's Syndrome resident, a nurse told a co-worker, "Those people aren't meant to live that long. They are meant to die in their teens and I'm going to help him along."

Marty Himebaugh, a licensed practical nurse formerly employed at the facility, was charged with four counts of criminal neglect of a long-term care resident, one count of obtaining morphine by fraud, and one count of unlawful distribution of a controlled substance. Himebaugh was fired on October 31, 2006 at the suggestion of the Illinois State Police, who were investigating the suspicious deaths. Penny Whitlock, former Director of Nursing at the facility, was charged with five counts of criminal neglect of a long-term care resident and two counts of obstructing justice. Himebaugh was accused of administering excessive doses of morphine and Whitlock was accused of failing to report her actions. Both women have pled not guilty to the charges.

To date, two lawsuits have been filed due to the wrongful deaths. Vickie Lund, the daughter of Virginia Cole, filed a wrongful death lawsuit alleging that Cole was administered lethal doses of morphine that caused her September 2006 death. The second lawsuit was filed by Sharon Hunt, the mother of John Sherman, also alleges that Sherman was administered lethal doses of morphine, which caused his September 2006 death. Both Whitlock and Himebaugh, as well as the owners of the facility, are named as defendants in the lawsuits.

The facility is appealing the federal and state imposed fines.

Posted On: September 25, 2008

Was It Abuse at Oklahoma Nursing Home?

Carol Crow's family thought she was safe at Whispering Pines Nursing Home in Norman, Oklahoma - until she was found covered with bruises on her face neck, and shoulders, as well as two black eyes - now they want answers. The facility workers told her family that Mrs. Crow had gone into her room and fell on July 11, 2008, but Mrs. Crow told her family an entirely different story. Mrs. Crow alleges that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her. The Crow family contacted the Department of Human Services, who declined to investigate as they found no indication of abuse.

The Crow family, working in conjunction with A Perfect Cause, an advocacy group, is offering a $2,500 reward for any information as to what happened to Mrs. Crow that day. Mrs. Crow has been moved to a 24 hour care facility in Muskogee, Oklahoma.

Posted On: September 23, 2008

Rhode Island Nursing Assistant Faces Sexual Assault Charges - UPDATE

We discussed the case of a Rhode Island nursing assistant accused of sexual assault in our previous blog. Matthew F. Doyle, 24, was charged with the sexual assault of a 69 year old Alzheimer's patient at the St. Elizabeth Home in Rhode Island on July 28, 2008. A grand jury has charged Doyle with two counts of first degree sexual assault and he has been ordered held without bail.

Sexual abuse in nursing homes across America is an appalling problem. Often, nursing home corporations, more interested in turning a profit than a thorough background check on employees, will overlook problems with current or prospective employees. This practice ultimately places the residents at risk of becoming victims of physical and/or sexual abuse.

Unfortunately, the problem of sexual abuse of nursing home residents is far more common than anyone would believe. Nursing home corporations should do everything they can to protect their residents from this type of predator. When incidents such as this occur, prosecutors should seek the harshest penalty available.

Posted On: September 22, 2008

Abuse at Minnesota Nursing Home Makes "Work Fun" - UPDATE

We have talked about the appalling situation that occurred at the Good Samaritan Society of Albert Lea in our blogs of September 19, 2008 and September 16, 2008. This is the facility where four teenage nursing assistants verbally, sexually, and emotionally abused the residents. The abuse ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

We can now report that the Minnesota Attorney General's Office will be prosecuting two of the four teens who participated in the abuse. Two of the abusers were adults at the time the abuse occurred and, as such, will be prosecuted by the State of Minnesota. The other two individuals were 17 at the time they chose to abuse these residents and are considered juveniles under the law. They will be prosecuted locally.

Posted On: September 21, 2008

New Hampshire Nursing Assistant Sentenced to Jail for Drug Theft

Licensed nursing assistant Melissa Dunham, 32, received 45 days in jail for stealing drugs from a nursing home resident at Courville at Manchester nursing home in Manchester, New Hampshire. Dunham pled guilty to stealing a narcotic patch from an 86 year old resident and keeping it for her own personal use. Of note, the narcotic patch is more powerful than morphine and is used to treat severe and chronic persistent pain. One can only imagine the pain the resident felt as a result of this theft.

Posted On: September 20, 2008

Florida CNA Accused of Elder Abuse

Gerda Tervil, a CNA at Bradenton Health Care Center in Bradenton, Florida, was arrested by officers from the Attorney General's Medicaid Fraud Control Unit and the Manatee County Sheriff's Office for physical abuse of an elderly resident at the facility. Tervil was assigned to care for an 80 year old blind resident, who was unable to communicate or assist with movement. The resident required the assistance of two CNAs for transfers. After transferring the resident, Tervil allegedly slapped the resident. She faces a charge of battery of an elderly person, which is a third degree felony. She faces a possible five year prison sentence as well as up to $10,000 in fines.

Posted On: September 19, 2008

Abuse at Minnesota Nursing Home Makes "Work Fun" - UPDATE

We discussed the tragic verbal, sexual, and emotional abuse of elderly residents on our blog on September 16, 2008. You will recall that this was the case where four teenage girls mercilessly abused elderly residents of the Good Samaritan Society of Albert Lea and were only detected when another employee turned them in. The abuse rendered by these employees ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.


The Minnesota Attorney General has decided to become involved in this case. The Attorney General's Office contacted Freeborn County Attorney Craig Nelson offering help and resources. Mr. Nelson stated that he will be availing himself of the resources and will seek a specialist for consultation. Charges are expected to be formulated by the end of this week.

Posted On: September 18, 2008

Mississippi Nursing Home Employee Defrauds Resident

Hattie Baldwin, 49, was arrested on September 15, 2008 by investigators with the Attorney General's office. She has been indicted by the Hinds County grand jury on a charge of fraud against a nursing home resident. She is charged with forgery in the amount of $1,500.00. Her victim? A resident of a Madison nursing home, whom she did not even know. If Baldwin is convicted, she faces a prison sentence between two and ten years. She could also face a fine of $10,000 or face both a fine and a prison sentence.

Posted On: September 17, 2008

Illinois Nursing Home Faces Lawsuit In Resident Death

Olive Fletcher, 89, had been a resident of Forest Hill Health and Rehab Center in East Moline, Illinois since January 2006. According to a state investigation, she died in October 2007 as a result of abuse and neglect she suffered while at the facility.

Ms. Fletcher suffered from dementia and was dependent upon the employees of the facility for her care. While a resident at Forest Hill, she fell three times. She was transported to the hospital for care after the third fall and doctors discovered that she was dehydrated and suffering from malnourishment. She died eleven days after the fall from kidney failure resulting from the dehydration.

The state investigated Ms. Fletcher's death and the facility was found to be in violation but was not fined. Officials said she was not properly hydrated. A lawsuit has been initiated on her behalf.

Posted On: September 16, 2008

Abuse at Minnesota Nursing Home Makes "Work Fun"

Verbal, sexual, and emotional abuse makes "work fun". At least, that's the opinion of four teenage girls employed as nursing home aides at the Good Samaritan Society facility in Albert Lea, Minnesota.

Residents targeted for the abuse suffered from Alzheimer's disease, dementia, or similar disease. The residents were targeted because "they don't have their minds". To "make work fun or to get a good laugh", the accused aides would close the curtain by the resident's bed to remain unseen. The abuse rendered by these employees ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

The abuse, which went on for months, was revealed to the facility by a fifth employee in her exit interview on May 2, 2008. She stated that she didn't report the abusive behavior sooner due to fear of reprisals by the other employees. The Albert Lea Police Department has conducted a separate investigation and has recommended that Freeborn County Attorney Craid Nelson bring charges against the girls. The girls also face possible inclusion on the state abuse registry for their actions.

Posted On: September 15, 2008

Fairness in Nursing Home Arbitration Act 2008 - One Step Closer in Protecting Nursing Home Residents

Many nursing homes across America are trying to force residents and their families into arbitration when they have legitimate claimor nursing home abuse or wrongful death. The arbitration provisions are often buried into the admission agreements. For the most part, they are clearly designed to reduce the liability faced by the nursing home after it has negligently failed to care for a resident. After many legal battles, it appears that the federal government is poised to correct the abuse of power.

The Fairness in Nursing Home Arbitration Act of 2008 bill was approved by the Senate Judiciary Committee yesterday. The bill was designed for the express purpose of the rights of nursing home residents to hold nursing home facilities legally accountable for negligence and abuse.

Currently, disputes that arise between residents and facilities are governed by arbitration agreements contained within the admission paperwork. Once signed, the residents give up their right to hold the facility accountable for negligence and/or abuse that could result in injury or death for the resident. If a dispute arises, the resident is automatically forced into mandatory arbitration with the facility. As the arbitration agreement requires that the process is completely confidential, the facility never faces any public accountability for the damage that has taken place. The current bill pending will prevent eliminate the nursing home corporations' bargaining power through mandatory arbitration. Instead, arbitration will remain an option while leaving open the legal avenue for residents to pursue.

To read more concerning this matter, go to Senior Citizens Move Closer to Right to Hold Nursing Homes Accountable for Neglect, Abuse