Nursing Home Abuse Lawyer Blog

Iowa Governor Chet Culver has left his nursing home constituents virtually defenseless after signing a new bill into law that eliminates many fines against Iowa nursing homes when the facilities fail to meet minimum health and safety standards.

Dozens of fines are eliminated for violations that nursing homes themselves identify and correct without a complaint filing or state inspector discovering the problem. One of the biggest contributors to resident neglect in nursing home facilities is insufficient staffing. Sadly, this bill exempts this issue from fines. Other exempt violations include failure to meet resident nutritional needs, failure to provide adequate dental care, failure to have competent, licensed administrators or caregivers, and failure to have a qualified nurse on duty.

Additionally, in cases where fines can be imposed, if the facility does not appeal the state's findings, the penalty will be reduced by 35 percent. Culver spokesman, Phil Roeder, said the governor signed the bill into law believing "it will promote better care by encouraging nursing homes to develop pro-active quality assurance programs and allowing facilities to identify and correct problems right away."

Former state legislator John Tapscott said "the new law is an example of what the nursing home industry can buy with its campaign contributions. It only proves that our legislative leaders and governor are willing to sell out the most vulnerable of our citizens - the sick and elderly residing in nursing homes - for a few thousand campaign dollars."

The bill was supported by the Iowa Healthcare Association, which made 236 political contributions totaling almost $90,000. Since June 2006, Governor Culver's campaign committees have received approximately $21,350.

The Tennessee State Department of Health ordered Pigeon Forge Care & Rehabilitation Center to halt all new admissions after a recent complaint investigation revealed violations of state standards in the areas of resident rights, performance improvement, and administration. Admissions into nursing home facilities are only halted when conditions could be harmful to the health, safety, or welfare of the facility's residents. As of May 26, 2009, the facility is forbidden to admit new residents until further notice and has been fined $3,000 by the State of Tennessee. The facility faces federal fines of $4,550 each day until the alleged violations are corrected.

In addition to the fines, a special administrator has been appointed to oversee facility operations.

Pigeon Forge Care & Rehabilitation Center has not been without problems in the past. A lawsuit was filed against the facility in September 2008 by the family of Lois Pierce. Her family alleges that nurses at Pigeon Forge failed to treat lesions on her body. The family allegedly complained to the facility Administrator more than ten times during her stay and eventually moved Ms. Pierce. She began treatment at Fort Sanders Sevier Medical Center, but, sadly, it was too late; Ms. Pierce died one week later.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with questions or concerns at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

On July 16, 2008, Lakreasha Cunningham, a former employee of Westminster Pines Assisted Living Center in Florida, allegedly pinched and punched a 76 year old resident in the stomach and arms multiple times. A witness reported that the resident hit Cunningham in the stomach while Cummingham was trying to dress her. Cunningham allegedly became upset and hit the victim, reportedly yelling, "How do you like it? How does that feel?"

Cunningham was charged with abuse of an elderly person. Her trial is set for early June 2009 and she faces up to five years in prison if convicted.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

We discussed Shamara Daniels, a former CNA at Freedom Village in Bradenton, Florida accused of abusing a 98 year old resident in her care, in a previous blog. Daniels was charged with one count of battery of a victim older than 65 after a resident was found bruised on both eyes, scratched on her face, and had a bite mark on her hand. Daniels allegedly was trying to stop the resident from biting and spitting on her. Daniels' trial begins May 28, 2009 and she faces up to five years in prison if convicted.

Florida nurse Richard Paul Anderson was arrested for abuse of an elderly person after another nurse allegedly saw him punching an 85 year old man in the face several times. The man required nine stitches for his injuries. Anderson, 43, is alleging self-defense but refuses to explain the incident. We will continue to update you as the story develops.

The Terry Law Firm is experienced in handling cases of abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Care Living Center, located in Edmond, Oklahoma, has lost its certification and federal funding, resulting in more than twenty-four residents searching for a new home.

The Oklahoma State Department of Health cited the facility for immediate jeopardies on medical and nursing neglect in a recent inspection. Immediate jeopardy is a situation where state investigators believe that there is imminent danger involving the health, safety, and welfare of residents. Examples of the neglect discovered during the investigation include residents not being turned and/or cleaned. One resident had 17 pressure sores and was not receiving appropriate treatment as ordered by a doctor. Two residents wandered away and were found several blocks from the facility. Some residents were not fed or had not received assistance with meals to prevent weight loss. Other examples of immediate jeopardy were failure to monitor glucose levels, failure to monitor blood pressure, and failure to isolate residents with infectious diseases. Additionally, inspectors also determined that call lights were not being answered and staff members lacked training.

The termination date for federal funding is May 27, 2009. Residents affected will have 30 days to find new homes. The facility has 18 private pay residents that remain unaffected, but with the lack of federal funding, the owners may find it difficult to remain open.

The Terry law Firm is experienced in handling cases of nursing home abuse and neglect. Please call us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

The Cabinet for Health and Family Services has cited Dawson Point in Dawson Springs, Kentucky for improper cell phone use by employees. The facility Administrator said the facility took "immediate action" to protect its residents and that company officials were "totally appalled" about the incident. The Administrator would not divulge what happened at the facility.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Letitia Calderwood

Letitia Calderwood, a former CNA at Punta Gorda Elderly Care Center, was arrested May 20, 2009 for abusing a resident.

Calderwood called for assistance from two other facility employees to help a 76 year old resident, who had fallen in the bathroom. The employees had difficulty getting the resident back on her feet and Calderwood kicked the resident in the lower back and used profane language. Once the resident was back on her feet, Calderwood slapped her in the face using an open hand.

In an interview with detectives, Calderwood, 58, admitted to abusing the resident. She stated that she became frustrated with the resident even though she knew the resident was disabled and had trouble standing on her own.

She was arrested and booked with no bond on battery of the elderly and abuse of the elderly, both third degree felonies.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

The Centers for Medicare and Medicaid cited Loretto Nursing Home in Oswego, New York for not complying with Medicare and Medicaid standards. The state health department found "concerns with the health and safety of the residents" and substandard quality of care in a survey performed at the facility recently. The facility said corrective action will begin immediately and funding for new admissions at the facility has been frozen until the problems are resolved. The facility is also paying a daily fine.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Ninety-three year old Trent Lockridge was missing over eleven hours before he was actually reported missing from Dosberg Manor, an assisted living facility located on the Weinberg Campus in Getzville, New York. Mr. Lockridge moved into the facility on January 23, 2009. On February 17, 2009, Mr. Lockridge's roommate requested help in closing a window in their room. The employee noticed that the window was wide open, Mr. Lockridge's glasses were on the nightstand, and his walker was near the window, but she did not investigate as to his whereabouts nor did she tell anyone about it. When investigators first questioned her, she lied and told them she had seen Mr. Lockridge in his room around 9:40 p.m., but told a co-worker that this was not the case. Another employee performing a daily resident census went to Mr. Lockridge's room around 11:00 p.m. and found his bed empty but assumed that he had been hospitalized. This employee did not follow up or confirm it. A third employee stopped by Mr. Lockridge's room around midnight while doing rounds and noticed that he was not in his bed. Mr. Lockridge was reported missing around 6:45 a.m. on February 18 when a nurse said she couldn't find him. Interestingly, his medical records reported that staff had assisted him with taking his medications at 6:30 a.m. Mr. Lockridge was found on the ground outside the facility after either falling or jumping from the second story window. He suffered blunt-force injuries consistent with a fall and, according to police, died instantly or soon after his fall. His body had been outside at least 11 hours in freezing temperatures. The state Health Department investigation notes indicated that facility employees should have notified a supervisor when Lockridge's window was open and he appeared to be missing. Three employees have been disciplined, although neither the facility nor the Health Department will state what type of action had been taken. The facility has agreed to implement a new system for tracking residents at Dosberg Manor and train employees on the new system. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

We discussed Pamela J. Morris in a previous blog. While Morris was employed at a local nursing home, she stole the identity of a resident at the facility and used the resident's personal information to obtain a credit card. She charged more than $2,000 to the account. She plead guilty on February 2, 2009 in U.S. District Court. She was fined $5,000 and ordered to pay $2,491 in restitution to the nursing home victim.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

We discussed Bluegrass Care and Rehabilitation Center in a previous blog. Investigators from the Inspector General's Office of the Cabinet for Health and Family Services found that employees at this facility were taking photographs of the residents with cell phones, attaching sexually explicit lyrics to the photos, and sending them as text messages to other employees.

"We did not think things would get so far out of hand," said an employee who sent photographs to ten other employees, "We were just having fun. Everybody was on the cell phone 24-7." Documents recently revealed that employees recorded residents screaming or asking to go to the bathroom and then played a guessing game to determine as to which resident it was. Some residents were not fully clothed in the photographs.

The incidents, which involved seven different residents, were investigated in March and April 2009. One resident, who suffered from dementia and was obese, was photographed entering the bathroom and was depicted in the photograph with an exposed back, legs, and incontinence brief, which appeared wet. The staff member then attached lyrics of a sexually explicit song and sent it to a nursing assistant.

In another incident, a resident was photographed in her wheelchair with one thumb up in an "Ok" sign. That photograph was forwarded with the message "Giggity, giggity. Let's have sex." to another employee. When state investigators informed the resident about the incident, the "resident's eyes grew wide" and the resident said, "I don't know why anyone would want to do anything like that or even think about doing something like that."

Another photograph exchanged between nursing assistants revealed a resident lying in bed with buttocks partially exposed. Once the resident learned of the incident, the resident told investigators about wanting to file a lawsuit.

A staff member recorded a ring tone of a resident, who suffers from Alzheimer's disease, saying "I gotta do do." and played it for people standing around a nurse's station. An LPN who heard the recording said no one "acted like it was a big deal". That LPN had worked at the facility since July 2008 and said no one enforced the cell phone policy or seemed concerned about the use of cell phones in resident areas.

Currently, there are no laws or regulations in Kentucky concerning cell phone use in resident care areas at long term care facilities. The Inspector General's Office of the Cabinet for Health and Family Services has requested that nursing home facilities prevent cell phone use in resident care areas in the future. Any such compliance to the request would be completely voluntary.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Today, everyone is aware of the seriousness of exposing children to sexual predators and most parents are diligent about checking state sexual offender websites for the locations of sex offenders living near their homes or schools. Has anyone ever thought to cross-check the addresses in the registries to see if any are living in local nursing homes? CBS4 I-Team in Florida did.

After performing an address cross-check and finding approximately 80 sex offenders living in Florida nursing homes (some of whom were court-ordered), CBS4 I-Team Investigator Michele Gillen visited nursing homes and group homes to verify these invidiuals were actually residents at the facilities. One 35 year old offender living at an adult home acknowledged his status and explained that his fellow residents were unaware of his status. He is one of two sex offenders living at that facility.

I-Team also visited The Pines nursing home in South Florida. There, the facility houses two sex offenders. I-Team met with the owner, Jules Ast, and Assistant Administrator Alyce Sica and they discussed the state of the art surveillance system the facility has in place. Both emphasized they are very careful about the type of offender allowed into the facility, as they are located within one block of an elementary school. The offender cannot have the ability to self-propel - they must have total assistance with movement. The sex offender residents are also not allowed to wander off on their own. Facililty staff are advised on the sexual offender status of the residents, but other residents are not informed. Assistant Administrator Alyce Sica actually went to the state ten years ago to encourage the state to create special housing for aging felons. "They need people who know how to deal with people who are dangerous," she said.

Wes Bledsoe, founder of A Perfect Cause, is aware of the problem. A Perfect Cause tracks sexual offenders and their crimes, some of whom can be seen on their website. Bledsoe says, "We are warehousing these offenders with disabled elderly people who can't protect themselves and can't tell what happened to them."

Florida residents can check Florida Sexual Offenders and Predators and Missouri residents can check Missouri Sex Offender Registry. For information on sexual predators in Illinois, click here. Like most states, sexual predator information for Arkansas, Texas, Oklahoma, Tennessee, and Pennsylvania can also be located online.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Linda Sullivan has been charged with stealing approximately $40,000 from three residents of Loving Care Nursing Facility in Selinsgrove, Pennsylvania. Sullivan, believed to be the acting vice president of the facility as well as the wife of the facility president, faces charges of theft by unlawful taking, theft by failure to make required disposition of funds, theft by deception, misapplication of entrusted property, and securing the execution of documents by deception.

Sullivan allegedly obtained power of attorney for a male resident at Loving Care Nursing Facility, who had recently inherited a large sum of money. On April 16, 2007, Sullivan allegedly wrote a check to the nursing home for $10,000. In September 2008, she allegedly used the resident's money to purchase a $21,000 van. Sullivan signed the checks to purchase the van, the van title was issued in her name, and she used the van for personal use. After the Department of Public Welfare investigated complaints, Sullivan transferred the title of the van into the resident's name, even though he had no driver's license. Sullivan is also charged with purchasing furniture for two other residents in July 2008 and making them pay for it.

"We want to stop financial abuse and exploitation of the residents," stated Snyder Count District Attorney Mike Sholley. As a result, both Sullivan and the Loving Care facility are being charged with crimes. When calls were made to the facility for comment, an employee declined and immediately hung up the phone.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

We discussed Richmond Health and Rehabilitation Center, also known as Madison Manor, in our previous blog. Richmond Health and Rehabilitation Center made national news when the family of an eighty-four year old elderly resident, Armeda Thomas, hid a video camera in her room at the facility in an attempt to review facility employees' behavior when working with Ms. Thomas. Their recording led to charges against three facility employees for reckless abuse or neglect. Jaclyn Dawn VanWinkle pleaded guilty to reckless abuse or neglect and received a probated twelve month jail sentence in exchange for helping prosecutors in the case. Amanda Sallee was indicted on one count of wanton abuse or neglect of an adult for allegedly eating Ms. Thomas' meals instead of offering them to her or offering to help her eat. Valerie Lamb was indicted on one count of reckless abuse or neglect of an adult for allegedly lifting Ms. Thomas by the neck and for lifting her legs higher than necessary while performing incontinent duties.

The Department of Health and Human Services for Medicare and Medicaid Services placed Richmond Health and Rehabilitation Center on its "Special Focus Facilities" list on April 23, 2009. Special Focus Facilities are facilities that have either more problems than other nursing home facilities or have a pattern of serious problems over a long period of time that cannot be resolved. Special Focus Facilities are inspected more frequently than the annual inspection that most nursing home facilities undergo. Currently, the facility is classified as a "Class A" facility, which means it is newly added to the focus list and is awaiting a survey from federal inspectors.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Since 2007, investigators for the State of Kentucky have cited four nursing homes for failing to perform resuscitation measures on residents who had requested resuscitation efforts if needed. Additionally, two other nursing homes were cited for failing to follow written orders for two residents that stated that the residents did not want to be resuscitated. In all six cases, the residents died. Five of the six facilities were sanctioned with Type A citations, the most serious citation that can be assessed. The facilities involved were:

Kenton Healthcare, Lexington, Kentucky: Staff allegedly did not institute resuscitation as stated in doctor's orders.

Hillcrest Health Care Center, Owensboro, Kentucky: CPR was not performed on a resident wanting to be resuscitated.

Christian Health Center, Bowling Green, Kentucky: Did not immediately resuscitate a resident despite doctor's orders. This facility allegedly did not have a system that allowed staff immediate access to code information for the resident.

Woodland Oaks Nursing Home, Ashland, Kentucky: Failed to perform CPR on patient requesting lifesaving measures.

Green Meadows Health Care, Mount Washington, Kentucky: Cited for reviving a resident who had a DNR order.

Jefferson Manor, Louisville, Kentucky: Cited for resuscitating a resident with a DNR order.

These grievous errors have prompted a push for a new law or regulation requiring nursing home residents to wear a purple wristband, which would indicate a do not resuscitate (DNR) order. While the Kentucky Association of Homes and Services for the Aging does not think a law is necessary if nursing homes follow the best possible practices, Bernie Vonderheide, President of Kentuckians for Nursing Home Reform, said "A voluntary system won't work because some nursing homes will do it and some will not, leaving the resident as the loser." Currently, there are no uniform regulations in Kentucky concerning how to advise nursing home staff of DNR orders.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

We discussed Castle Manor Nursing Home in previous blogs. Castle Manor is facing allegations of sexual abuse after a contracted male CNA allegedly improperly touched an elderly resident.

A Family Council meeting was held on April 23, 2009 and both the Director of Longterm Care, Teresa Miller, and Fall River Health Services Administrator, John Miller, say that the reports they are receiving from staff members are "far different than those being told to family members". Rich Nelson, the Chairman for Fall River Health Services, said, "We have tried to find out what is happening through DCI (Division of Criminal Investigation) and the State's Attorney's office. We are still waiting for any report, because we are taking all the heat, for an investigation we aren't doing." Nelson questioned the families in attendance at the meeting about what they knew about the investigation because "there are many things that you have heard that we haven't."

One resident's family member, JoAnne Pflaeging, thought that the meeting sounded "like it was kind of a fishing tool; 'Tell us what you know'".

Wes Bledsoe, spokesman for A Perfect Cause, alleges that the incident of January 14 "was not the first time management was notified" concerning the allegations of abuse and said that he had received more calls from staff and former employees involving additional abuse charges, as well as allegations of neglect and billing issues.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at 1 (888) 317-2525 with any questions or concerns or visit us at www.nursinghomejustice.com.

Shortly after midnight on October 20, 2008, CNA John Ette reportedly hit a bedridden patient in the face at Adirondack Medical Center's Mercy nursing home (Mercy) in Tupper Lake, New York. He is also alleged to have grabbed her arm and pushed her down into her wheelchair. The elderly resident suffered a broken collarbone and facial bruising in the attack.

The resident's injuries were discovered the morning after the attack and were reported to facility administrators, who reported the abuse to the Department of Health. Mercy fired Ette the day after the incident. Ette admitted to attacking the resident to state investigators on November 12, 2008.

Ette turned himself in to authorities on Wednesday, May 13, 2009 and was charged with endangering the welfare of a vulnerable elderly person in the second degree, a Class E felony; endangering the welfare of an incompetent or physically disabled person, a Class A felony; and willful violation of health laws, a Class A misdemeanor. His bail has been set at $1,000 cash or $2,000 bond. If convicted of the charges, he faces up to four years in prison.

The injured resident has recovered from her injuries and continues to live at the nursing home facility.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Maplewood Care, Inc., its parent company, S.I.R. Management, Inc., and Maplewood Care, Inc.'s Head Administrator, James L. Doyle, were named as defendants in a Complaint filed Monday, May 11, 2009 in Cook County Circuit Court after a 69 year old resident of the assisted care facility was allegedly sexually assaulted by a fellow resident. The lawsuit alleges that nursing home officials did not do enough to prevent the attack and Doyle, the Administrator, tried to cover up an investigation into the incident by claiming that the sex was consensual.

On January 17, 2009, the 69 year old female resident was found in bed, alleging she had been sexually assaulted. The perpetrator? A 21 year old facility resident, who could not be located during a midnight bed check but was later found by police hiding in the woman's bathroom. Christopher P. Shelton was charged with criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual assault of a victim older than age 60. He remains in jail with a bail of $500,000.

Shelton was admitted to the facility in April 2008 with bipolar disorder with aggression. He has prior criminal convictions that include aggravated and domestic battery and fleeing from police. One month after he was admitted, Shelton was removed from the facility by police to stand for sentencing for a felony conviction but returned to Maplewood Care November 2008. The attorney for the plaintiff alleges that the facility failed to screen Shelton for a criminal record, therefore creating an unsafe environment for other residents.

Damages in excess of $50,000 are sought for each count of the eight count complaint.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse and assault. Please contact us at 1 (888) 317-2525 with any questions or concerns or visit us at www.nursinghomejustice.com.

The Tennessee Department of Health has suspended all new admissions Newport Health and Rehabilitation in Newport, Tennessee after finding code violations during a recent complaint investigation. The facility also faces a $1,500 fine from the State of Tennessee, as well as possible federal fines of more than $6,000 per day until the violations are corrected.

Tracie Bowers was a certified nursing assistant at St. Joseph Nursing Home in Utica, New York until she blew the whistle on a co-worker for allegedly abusing a resident and lost her job.

Bowers and the other employee, also a certified nursing assistant, were working two shifts together one evening in March 2009 when Bowers first noticed unusual behavior. "She was kind of rude to all of the residents, really," she said. "She wasn't really, really bad; it was just a weird attitude." Bowers followed procedure and went to her supervising nurse, who excused the behavior by saying "she was probably tired". That answer did not satisfy Bowers.

Breaking company rules, Bowers brought her mobile phone with her on the second shift and proceeded to record her co-worker's allegedly abusive behavior. The second assistant had entered the room of a male resident with Alzheimer's or dementia. In the 30 second recording, the assistant can be clearly heard swearing and calling the patient derogatory names. The recording reveals a sound that Bowers identifies as the co-worker slapping the hand of the resident and commanding him to "be nice". While the resident was not being combative or difficult, he began repeating "be nice" over and over toward the end of the incident.

Bowers continued to be brushed off by her supervising nurse, so she took the recording to the facility charge nurse, who took her seriously and notified the state health department. While St. Joseph administrators originally praised Bowers for reporting the incident, she began having issues with other nurses and nurse assistants at the facility shortly thereafter, some of whom felt she should have been disciplined for having her personal phone at work that day. Bowers said, "It was just a whole stupid game of trying to get me kicked out of there, and then they (her supervisors) said they would probably have to terminate me." The facility refuses to comment on the reason for Bowers dismissal, citing "personnel issues", but Frank Trimboli, the facility administrator, said "the facility would never, ever terminate anyone for reporting abuse". Trimboli also refuses to comment on whether the co-worker was disciplined.

St. Joseph Nursing Home has not been without problems in the past. In a February 2008 inspection, inspectors found a pattern of administrative problems that could pose "immediate jeopardy" to the well being of the residents. The facility was fined $12,000 for violations in that inspection. In a recent state evaluation, the facility scored in the bottom 20% statewide for seven out of 19 categories and is rated as a one star facility, according to the new rating system instituted by The Centers for Medicare and Medicaid, which is indicative of a well-below average facility.

The Terry Law Firm is experienced in handling cases involving nursing home abuse and neglect. Please call us with any questions or concerns at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Searcy Healthcare Center is a 245 bed nursing home facility located in Searcy, Arkansas. Searcy Healthcare Center's inspection deficiency record has exceeded the average number of health deficiencies in Arkansas three times in the past three years. Searcy Healthcare Center received twelve deficiencies in 2008, twenty-six deficiencies in 2007, and eighteen deficiencies in 2006. The average number of nursing home deficiencies in Arkansas is ten. Currently, Searcy Healthcare Center is rated as a one-star nursing home according to the new system instituted by The Centers for Medicare & Medicaid, which is indicative of a well below-average facility. Searcy Healthcare Center failed its residents to treat its residents with respect and dignity in both 2007 and 2008, according to state inspection records. In February 2007, the facility was cited for failing to hire only people with no legal history of abusing, neglecting, or mistreating residents and to report and investigate acts or reports of abuse, neglect, or mistreatment of residents. One incident involved a resident whose family determined that an LPN had failed to provide a resident with food or medications and failed to notate in the narcotics log on multiple occasions that narcotics had been administered. This facility was also cited in 2007 for failing to write and use policies that forbid mistreatment, neglect, and abuse of residents and theft of residents' property. In March 2008, Searcy Healthcare Center was cited for failing to keep each resident free from physical restraints unless needed for medical treatments. Searcy Healthcare Center failed its residents when it did not to ensure Physical Restraint Informed Consent forms documented medical symptoms and specific target behaviors and did not utilize the least restrictive restraint for multiple residents. The facility also failed to ensure a restraint reduction was attempted for a resident and did not complete a pre-restraining evaluation for two residents. All nursing home residents deserve professional services that meet a professional standard of quality and attain the highest possible quality of life for the resident. Inspection reports also reveal that this facility failed its residents in quality care measures in 2007, 2008, and 2009. Searcy Healthcare Center failed its residents in May 2007 and July 2008 when it failed to ensure that residents needing assistance with activities of daily living were provided assistance. According to government inspection reports, the facility was also cited in June 2006 and May 2007 when it failed to ensure that residents entering the facility without a catheter are not given one. State inspectors determined that multiple residents had no assessment completed for a bowel and bladder training program. State inspectors also determined that Searcy Healthcare Center failed to provide the proper care for residents needing special services, such as injections, colostomys, tracheostomy care, and tracheal suctioning. Moreover, Searcy Healthcare Center used dirty equipment when it failed to ensure that the oxygen concentrator filters were in place and clean. The oxygen tubing was dated and the oxygen in use sign was posted for 6 residents who had physician orders for oxygen. The facility was also cited in May 2007 for failing to provide proper treatment to prevent new bed sores or heal existing bed sores when it failed to ensure that residents who were at risk for potential skin breakdown were turned and repositioned. It is important in nursing homes that the residents are provided with properly balanced meals so ensure good health. Good health and nutrition is vital for people in all stages of life. Searcy Healthcare Center failed its residents in 2006 and 2007 when it failed to offer food that is nutritional, appetizing, tasty, attractive, well-cooked, and at the right temperature. This facility was also cited three times in 2006 and 2007 for failing to store, cook, and give out food in a safe and clean way. Medication errors can be fatal to a nursing home resident. Nursing home residents are dependent upon staff to correctly and timely dispense medications. Searcy Healthcare Center failed its residents twice in 2008 when it failed to keep the rate of medication errors to less than 5%. A March 27, 2008 inspection revealed a medication error rate of 13.4%, which is astonishingly high. This facility also failed in 2006 and 2008 to ensure that residents who take drugs are not given too many doses for too long and failed to ensure that the use of drugs is watched carefully and to stop the drug usage if unwanted effects occur. A safe, clean, homelike environment is important for nursing home residents to thrive. Searcy Healthcare Center failed to ensure that the nursing home area is free of dangers that could cause accidents in eight times between 2006 and 2008, actually placing at least one resident in jeopardy twice during that time. The facility failed to ensure that five residents who were at risk for falls were assessed for causative factors for falls. Additionally, the facility did not develop interventions to prevent falls and implement them. Reportedly, one resident repeatedly fell, suffered a subdural hematoma, and eventually passed away. Additionally, the facility failed to ensure that the facility had a program to keep infection from spreading and failed to ensure that staff members washed their hands when needed. The Terry Law Firm is experienced in handling nursing home cases of abuse or neglect and can be reached locally at (501) 663-2287 or toll-free at 1 (888) 317-2525. To see some of the surveys of Searcy Healthcare Center or to learn more about nursing home abuse and neglect, visit us at www.nursinghomejustice.com.

Lucille Harrell, 81, paid Windlands Center a deposit of $1,295.00 to live at the facility. Once there, she quickly deteriorated and lay close to death for two weeks before finally passing away on March 20, 2009. At the time of her death, the facility deducted more than $900 for her failure to give the required 30 days notice before leaving Windlands Center.

Understandably, for her family, providing the facility with thirty days' notice of her impending death was not at the forefront of their minds. In fact, Randy Harrell, Lucille's son, said, "There is no notice when there's a death. This came on so suddenly who knows to give notice like that?" He said he was concerned about his mother, not a contract.

Apparently, John McCrory, manager of Windlands Center, feels that the family should be concentrating on the contract that they signed and not the health of their mother. Mr. McCrory stated that he "realizes the family is dealing with pain, but the contract does state 30 days notice must be given, even though the word "death" isn't mentioned. In business terms, leaving is leaving. If they see they are having lots of problems, I even recommend them giving 30-day notice at that time. That way, it'll cut off some of the costs."

To watch a news interview with Randy Harrell discussing this incident, click here.

Ouachita Nursing & Rehabilitation is a 142 bed nursing home facility located in Camden, Arkansas. Ouachita Nursing & Rehabilitation's inspection deficiency record has met or exceeded the average number of health deficiencies in Arkansas three times in the past three years. Ouachita Nursing & Rehabilitation received thirteen deficiencies in October 2008, thirteen deficiencies in January 2008, and ten deficiencies in 2007. The average number of nursing home deficiencies in Arkansas is ten. Currently, Ouachita Nursing & Rehabilitation is rated as a two-star nursing home according to the new system instituted by The Centers for Medicare & Medicaid, which is indicative of a below-average facility.

Nursing home residents deserve to be treated with respect. In fact, state and federal regulations require that facilities treat residents with dignity. Ouachita Nursing & Rehabilitation failed its residents in December 2005 when it failed to hire only people with no legal history of abusing, neglecting, or mistreating residents and to report and investigate acts or reports of abuse, neglect, or mistreatment of residents. This facility was also cited in December 2005 for failing to write and use policies that forbid mistreatment, neglect, and abuse of residents and theft of residents' property. Ouachita Nursing & Rehabilitation also failed in January 2008 and October 2008 to keep each resident free from physical restraints unless needed for medical treatment.

All nursing home residents deserve professional services that meet a professional standard of quality and attain the highest possible quality of life for the resident. This facility failed its residents in quality care measures consistently in the past three years, placing facility residents at risk for harm. Ouachita Nursing & Rehabilitation failed its residents in February 2007 and October 2008 when it failed to ensure that residents needing special services, such as tracheostomy care, respiratory care, tracheal suctioning, etc., were provided the proper care. In February 2007, the facility failed to ensure that residents entering the facility without a catheter were not catheterized. In some cases, nursing home facilities will catheterize a patient because it makes them easier to care for since there is no time expended in cleaning an incontinent resident. State and federal regulations specifically forbid this practice.

State inspectors also determined that Ouachita Nursing & Rehabilitation failed several times between 2006 and 2008 to provide assistance for residents who cannot care for themselves with eating, drinking, grooming, and hygiene. The facility failed to provide the proper treatment to prevent new bed sores or heal existing bed sores in January 2008. Ouachita Nursing & Rehabilitation was also cited in October 2008 for failing to give or get lab tests to meet the needs of residents.

Sometimes, because of their physical or mental infirmities, people forget that nursing home residtnts have designated rights. This facility was cited for violating resident rights in 2007, when the facility failed to immediately inform a resident's doctor or family member about an injury or change in medical condition.

Medication errors can be fatal to a nursing home resident. Nursing home residents are dependent upon staff to correctly and timely dispense medications. Ouachita Nursing & Rehabilitation failed its residents in this area. Nursing home facilities are required to keep their medication error rate to less than 5%. In February 2007, Ouachita Nursing & Rehabilitation's medication error rate was an astonishing 10.53%. Six months later, in August 2007, the facility's medication error rate had been reduced to 7.41%, which is still well over the 5% allowance by regulations. In August 2007 and October 2008, this facility also failed to ensure that residents taking medication were not given too many doses or for too long, failed to watch the use of drugs carefully, or stop or change drugs causing unwanted effects. Ouachita Nursing & Rehabilitation also failed to ensure that a licensed pharmacist checked the medication each resident is taking at least once a month.

A safe, clean, homelike environment is important for nursing home residents to thrive. Ouachita Nursing & Rehabilitation failed to ensure that the nursing home area is free of dangers that could cause accidents in multiple times between 2007 and 2008. The facility was cited in 2007 from failing to have a program to prevent infection and cited for failing to ensure staff members wash their hands as needed in 2008.

The Terry Law Firm is experienced in handling nursing home cases of abuse or neglect. Please feel free to contact us at 1 (501) 663-2287 or toll-free at 1 (888) 317-2525. You may also visit our website at www.nursinghomejustice.com.

Lake Village Healthcare Center is a 102 bed nursing home facility located in Lake Village, Arkansas. Lake Village Healthcare Center's inspection deficiency record has exceeded the average number of health deficiencies in Arkansas two times in the past three years. Lake Village Healthcare Center received fourteen deficiencies in October 2008, ten deficiencies in January 2008, and fifteen deficiencies in April 2007. The average number of nursing home deficiencies in Arkansas is ten. Currently, Lake Village Healthcare Center is rated as a two-star nursing home according to the new system instituted by The Centers for Medicare & Medicaid, which is indicative of a below-average facility.

While all nursing home residents deserve to be treated with respect and dignity, Lake Village Healthcare Center failed its residents in January 2008 when it failed to write and use policies that forbid mistreatment, neglect, and abuse of residents and theft of residents' property. Lake Village Healthcare Center also failed in January 2008 to keep each resident free from physical restraints unless needed for medical treatment.

All nursing home residents deserve professional services that meet a professional standard of quality and attain the highest possible quality of life for the resident. This facility failed its residents in quality care measures consistently in the past three years, placing facility residents at risk for harm. Lake Village Healthcare Center actually placed its residents in jeopardy in May 2008 when it failed to give each resident care and services to get or keep the highest quality of life possible. This facility also failed to follow resident care plans multiple times between 2006 and 2008. Care plans are the designated treatment plans that are prepared for each individual resident. When a nursing home facility adopts assembly line methods of care for residents, individuals suffer. This facility was found to have a chronic problem in this regard. Similarly, Lake Village Healthcare Center failed in October 2008 to ensure that residents needing special services, such as tracheostomy care, respiratory care, tracheal suctioning, etc., were provided the proper care. State inspections also revealed that Lake Village Healthcare Center failed to provide assistance for residents who cannot care for themselves with eating, drinking, grooming, and hygiene at least twice between in 2006 and 2008.

The facility was also cited for failing to provide the proper treatment to prevent new bed sores or heal existing bed sores in multiple times between 2006 and 2008.

Bed sores are some of the most painful, undignified and potentially dangerous ailments that affect nursing home residents. In May 2008 and October 2008, inspection records also reflect that Lake Village Healthcare Center failed to give or get lab tests to meet the needs of the residents.

Everyone has rights, regardless of their stage in life. Resident rights were violated at Lake Village Healthcare Center in 2007, when the facility failed to keep each resident's personal and medical records private and confidential.

Medication errors can be fatal to a nursing home resident. Nursing home residents are dependent upon staff to correctly and timely dispense medications. Additionally, nursing homes are required to keep their medication error rate to less than 5%. Lake Village Healthcare Center failed its residents in this area. In March 2006, the facility's medication error rate was 10.17% and January 2008, the facility's medication error rate was 7.27%. In March 2006, this facility failed to ensure that residents taking medication are not given too many doses or for too long, failed to watch the use of drugs carefully, or stop or change drugs causing unwanted effects.

A safe, clean, homelike environment is important for nursing home residents to thrive. Lake Village Healthcare Center failed to ensure that the nursing home area is free of dangers that could cause accidents in multiple times between 2006 and 2008. The facility was cited in 2007 and again in 2008 for failing to have a program to prevent infection.

The Terry Law Firm is experienced in handling nursing home cases of abuse or neglect and can be reached locally at (501) 663-2287 or toll-free at 1 (888) 317-2525. To learn more about nursing home abuse and neglect, visit us at www.nursinghomejustice.com.

Robert Gundersen, a certified nurse aide at Northwoods Rehabilitation Center in Troy, New York, has been charged with sexual abuse in the first degree, forcible touching, and sexual abuse in the third degree after he allegedly sexually assaulted a 78 year old defenseless nursing home resident between December 15, 2007 and January 7, 2008. During the evening shift at Northwoods Rehabilitation Center, Gunderson is accused of touching the breasts and vaginal areas of the physically helpless resident. He is already facing charges of sexual abuse in the third degree in another incident at a different nursing home facility. While Gundersen was employed at Eddy Ford Nursing Home in Cohoes, New York, he allegedly forcibly French-kissed a young female wheelchair-bound nursing home resident with multiple sclerosis. His court date is May 28, 2009. If convicted of the new charges, Gundersen faces up to seven years in prison. The Terry Law Firm is experienced in handling cases of sexual abuse in nursing homes. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

An 84 year old resident of Alden Wentworth in Chicago, Illinois fell from a fourth floor window around 6:30 p.m. on Monday, May 4, 2009. He was taken to St. Bernard Hospital, where he was pronounced dead less than an hour later. Police are investigating the incident but are categorizing it as a death investigation. Currently, it is unknown if the fall was accidental or how many stories the man fell. The man allegedly "suffered from demential and showed signs of being agitated".

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Earnest Marchibanks and Natalie Vandijk were arraigned in Dent County Circuit Court on charges of felony elder abuse in an April 24, 2009 incident at Seville Residential Care in Salem, Missouri. They are both free on a $10,000 bond.

According to court documents, Mary Nothaus, an 85 year-old facility resident, was injured by Marchibanks and Vandijk when they pushed her in her wheelchair without footrests attached and allowed her feet to drag on the asphalt for more than 800 feet. Ms. Nothaus suffered severe injuries to her toes.

Marchibanks and Vandijk are due in court on May 7, 2009.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

A state testing laboratory has confirmed that a nursing assistant at The Valley View Center for Nursing Care and Rehabilitation has the "swine" flu. As we previously discussed, the employee, after vacationing in Mexico, returned to work. Approximately four days after her return, she went home sick. She quarantined herself and is recovering. The facility took precautionary measures and treated all 358 nursing home residents and all 550 employees with the anti-viral drug Tamiflu. At this point, it appears none of the residents have been infected.

There have also been two other confirmed "swine" flu cases in Orange County, New York, one of whom is a New York City firefighter. Both victims are recovering.

Candice Pelzer pleaded not guilty to charges of endangering the welfare of a physically disabled or incompetent person and violating the public health law on Monday, May 4, 2009. She was released without bail.

The charges stem from a November 2008 incident. Pelzer was caring for an 80 year old female resident of Berkshire Nursing and Rehabilitation Center in West Babylon, New York on the midnight to 8 a.m. shift. The resident suffered from Parkinson's disease, respiratory diseases, dementia, and hypertension and "was incapable of caring for herself because of...physical disabilities and mental diseases". Peltzer bound the resident's legs together with a sheet during her eight hour shift "without advising anyone of restraint". Several witnesses saw the resident with her legs tied together, according to an affidavit signed by a nursing home official who questioned Pelzer. Pelzer admitted initially to tying the sheet around the resident but later said she only used it to wrap her legs.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

An employee at Evergreen Terrace in Grand Rapids, Minnesota has been cited for neglect by the Minnesota Department of Health. On March 9, the employee was taking the resident to a bathroom without a transfer belt and with only one staff member, instead of two, violating the resident's care plan. The resident fell fractured an elbow and bruised a hip. The employee, who had been disciplined twice before, was suspended and then fired.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at (888) 317-2525 or visit us at www.nursinghomejustice.com.

After a resuscitation error at Jefferson Manor nursing home in Louisville, Kentucky, the Kentucky Cabinet for Health and Family Services and the Kentucky Hospital Association are considering using a universal color-coded armband system to alert staff as to patient conditions and wishes. Currently, there is no universal system in place to denote a patient's wishes regarding resuscitation in a long-term care facility or hospital. While federal and state laws require that hospitals and nursing homes keep DNR orders in a patient's chart, carrying out those orders appears to be where problems arise. Some facilities opt to use color-coded wrist bands, others use colored tape on doors or stickers in charts.

Ralph Ekberg's favorite painting was a picture he had purchased in 1965 for $400. The painting was "Summer Clouds" by Edgar Payne, an American impressionist painter. He had no idea of its value - and valuable it was. The painting was worth at least $175,000, according to a California art gallery.

Ralph was asleep in April 2006 when his painting was stolen from the wall in his room at St. John's Mercy Villa in Springfield, Missouri. The thief, a nursing home employee, had no idea of the value of the painting either; he was just hoping to make a few hundred dollars. Micah Owen Shatswell told the Edenhurst Gallery in California that he had gotten the painting from his uncle and sold it to them for $175,000.

After an investigation by the FBI's art crime team, the crime trail led back to Shatswell and he was indicted by a federal grand jury in December 2008 for transporting the stolen painting across state lines. He pleaded guilty to the charge in April 2009 and faces up to ten years in prison, a fine of up to $250,000, and possible restitution. He is awaiting sentencing.

State nursing homes should allow nursing home resident families to place "granny" cams in their rooms, according to David Prater, Oklahoma County District Attorney. "If they're above-board and fully staffed and take care of the residents, what do they have to hide?" Prater asked this question during a hearing concerning nursing homes at the state capitol on Thursday, April 30, 2009.

While some allege that "granny" cams are a violation of residents' privacy, it is a fact that "granny" cams have proven useful when confirming allegations of nursing home abuse or neglect.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at (888) 317-2525 or visit us at www.nursinghomejustice.com.