Nursing Home Abuse Lawyer Blog

Top officials at Regency at the Park, a skilled nursing facility located in College Place, Washington, have been terminated after the state Department of Social and Health Services determined that the facility caused a resident harm.

Reportedly, the resident suffered mental and physical abuse in the summer of 2009. The resident was admitted to the facility in 2000 and suffered from short and long-term memory impairments, poor decision-making abilities, and was resistant to care. In early June 2009, the resident began refusing to change her clothes or shower and according to a state report, her body odor "had become very offensive".

On July 24, facility administration revoked the woman's smoking privileges for refusing to shower or change her clothes and took her ashtrays from the smoking area. Staff told her that being allowed to smoke was a courtesy and she would not get her cigarettes until she complied. She was also told that the Administrator would not allow her to purchase cigarettes with her own money. The resident continued to smoke and a fire was found in a trash can on August 29 in the area where she was allowed to smoke, putting all facility residents in danger.

When the resident continued to refuse to shower, Administrator Larry White pushed the resident in her wheelchair to the shower area and ordered Director of Nursing Mary Coates for have two aides shower the resident. The resident reportedly struggled against the aides and suffered superficial injuries. She was injured twice more when forced to shower in August. The facility where residents live is considered their home and staff is "working for them", according to a representative for the state ombudsman program. Therefore, forcing someone to shower is considered abuse.

The ensuing investigation found that the resident had suffered abuse at the hands of Administrator Larry White and Director of Nursing Mary Coates and they were terminated from their positions. Additionally, the facility was issued a citation.

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 on our website at www.nursinghomejustice.com.

Tamera Smith

We discussed Tamera Smith and the crimes she committed at Tara Nursing Home in Thunderbolt, Georgia in previous blogs. Smith, along with her cousin, was accused of using personal information of residents and employees of Tara Nursing Home and using it to obtain computers, digital cameras, cell phones, and charge accounts for her personal use.

Smith pleaded guilty to over thirty counts of identity fraud, computer thefts, and elder abuse. She was sentenced to six years, five of which she will spend in prison.

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

Ninety-one year old Gladys Gall and her husband were residents of Presbyterian Homes of Arden Hills in Minnesota in April 2008, when she suffered a mysterious injury that led to her death.

Gladys Gall suffered what is known as a "hangman's fracture", which according to a neurosurgeon, could only be caused by severe trauma. She died two weeks after her injury.

The Minnesota Office of Health Facility Complaints (OHFC) investigated and determined that Mrs. Gall was the victim of maltreatment. Yet, in May 2009, the OHFC revised its finding after the nursing home facility appealed the initial decision, stating that while the evidence did show severe trauma, there was no evidence that the trauma was the result of maltreatment.

The nursing home hired a nurse to investigate Mrs. Gall's death. The nurse found that Mrs. Gall had fallen on her own, injured her neck, and put herself back in bed. Her son, Kenneth Gall, rejects the nurse's conclusion saying, "She couldn't get up on her own, couldn't stand on her own. It took all that she had to sit up in bed." One nursing home employee even told the OHFC investigator that Mrs. Gall could not put herself back into bed if she had fallen and her husband could not have assisted her either. Mrs. Gall suffered from dementia and could not tell anyone what had happened.

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

According to a November 9, 2009 report from the Minnesota Department of Health, on May 26, 2009, a resident of Homeward Bound Maple Grove, a nursing home facility located in Maple Grove, Minnesota, was forced to eat her dinner by a facility employee. The resident, who suffers from cerebral palsy, mental retardation, and swallowing problems, was not hungry at dinner. While she is able to feed herself, facility staff will assist her with her meals when she tires and she is able to communicate whether or not she wants to eat.

On the day of the incident, the male employee took the resident outside in a t-shirt, when it was cold. She did not want to eat, but the employee forced her to eat and used a larger spoon than what the resident would normally use. She also had problems breathing when she was being fed.

Reportedly, another employee witnessed the event and tried to stop the employee from force-feeding the resident. When she attempted to intervene, she was told that the resident was losing weight and he had to force her to eat if she did not want to. The resident was resisting the feeding and trying to push the man's arm away. The reporting employee had previously voiced concerns about how he cared for the residents that were consistently denied by the man, so she videotaped the incident on her cell phone.

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

Grand Village nursing home in Grand Rapids, Michigan is the focus of a wrongful death lawsuit involving resident Rudella Reiners.

In 2006, Ms. Reiners was a known fall risk. Suffering from dementia and advanced osteoporosis and with a history of falling, the nursing home took many precautions for her safety, using a bed alarm, motion sensor, sound monitor, and a perimeter mattress. Staff kept a light on at night for her and even moved her to a room where she could be observed more easily. Somehow, she still managed to get up and walk. In fact, alarms were going off and no one heard when Ms. Reiners moved her trash can into the hall and fell, breaking her right hip.

Reportedly, the night of Ms. Reiners fall, the facility only had two nurse aides and one nurse to care for 48 residents in that unit. One of the aides had been sent to another part of the building to cover staff breaks and the other two employees were helping a resident in a different wing. No one was around to hear Ms. Reiners screams and the alarms sounding.

Steven Reiners, Rudella Reiners' son, went to the nursing home facility that night to talk to facility staff about what happened. It took more than ten minutes for him to find anyone.

Meanwhile, surgeons tried to repair the 89 year-old woman's hip, but she never recovered. She stopped responding and eating and died five days after her fall. The ensuing state investigation found that Grand Village was neglectful. An investigator determined that two alarms could not be heard at the nurse's station or other wings of the unit.

Steven Reiners has filed a lawsuit against the facility and wants nursing homes to be held accountable for their actions. "Someday I'll probably be in that same rest home," he said.

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

Earlene Taylor had been a resident of River Bluffs Health Care and Rehabilitation Center of Cahokia and its successor, Atrium Health Care and Rehabilitation Center of Cahokia, since 1996. Facility staff should have been aware of Ms. Taylor's allergies, including her allergy to any medications containing Sulfonamide.

Ms. Taylor had just been readmitted to the facility after being treated at Kenneth Hall Hospital for asthma, bronchitis, and chronic obstructive pulmonary disease. Upon readmission, facility staff puportedly failed to include her allergies on her admission and assessment form. Doctors at Kenneth Hall prescribed Bactrim to treat Ms. Taylor. According to the lawsuit filed by Rosetta Helms on behalf of Earlene Taylor's Estate, "As a direct and proximate result of the aforesaid negligent acts or omissions, on or about November 20, 2007, the plaintiff's decedent sustained a severe reaction to the administration of Bactrim, D.S., she developed multiple large open areas in the skin over large portions of her body, portions of her skin sloughed off; the skin over her entire body became 'tented' and she developed red blistering over the back of her legs, her neck, and her back and she developed toxic epidermal necroysis, causing her skin to slough off, she lost 55% of her active skin, she had a positive Nikolsky sign, she had whole body erythema, lesions, blisters, and sloughing; that the aforementioned conditions caused extreme pain and suffering and she was admitted to a burn unit, where, on or about, November 24, 2007, she died."

The thirty-eight count suit against seventeen defendants seeks a judgment in excess of $1.9 million.

The Terry Law Firm is experienced in handling cases of wrongful death. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

The Chicago Tribune recently published an article questionning whether a popular program that rid Illinois nursing homes of sex offenders was cut to save costs. In 2001, the Illinois State Police began staging raids on nursing home facilities to sweep out unregistered sex offenders and ex-convicts with outstanding arrest warrants for a variety of crimes, including armed robbery and murder.

From January 2005 through June 2006, twenty northern Illinois nursing homes were raided and police removed approximately 80 fugitives and sex offenders. Nursing home abuse and neglect complaints in that area decreased 67%, according to a department citation issued to the unit conducting the raids.

In 2006, the raids were suddenly stopped. Could the abandoned "sweeps program" be an example of how Illinois cut costs? Reportedly, these raids were stopped as facilities were still admitting felons and sex offenders, exposing our vulnerable elderly to assaults, rapes, and other types of abuse.

Choosing a nursing home facility for a loved one is a stressful experience. Keeping a few questions in mind may make a difficult job easier.

(1) How does the facility look? How does it smell? Is it in a safe neighborhood? Are the floors and restrooms clean? Is the kitchen clean and tidy? Is it warm/cool in the facility? Does the heat/air conditioning appear to be in working order? Is there any evidence of fly infestation, red ants, or other bugs?

(2) Do you see staff members working or does the facility appear deserted? Do staff members appear to be overworked or too busy? How do the residents react to staff members? Is it positive? What is the ratio of nursing home staff to residents? Have any complaints been filed against the facility or facility staff? How were these complaints resolved?

(3) How do residents appear? Are they well-groomed and clean? Do they appear alert and happy? Are there social activities planned for residents? How often? Are they appropriate for the residents? How long does it take for a call light to be answered?

(4) What type of procedures are in place for dispensing of medications? What type of response is there in cases of medical emergencies? How many preventable accidents or injuries have occurred on premises?

(5) Do you know the nursing home's obligation or responsibility to your loved one? What is your obligation or responsibility to your loved one?

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

Lynn Gomez was a registered nurse and Director of Wellness at Broadmore Estates, a nursing home facility in West Virginia. She filed a lawsuit against Broadmore and the facility director, Delores Miles, for reportedly overlooking employee substance abuse and ignoring state regulations for drug distribution after she reported it.

Gomez was hired in February 2009 and, when she began working, alleges that patient charts and records were in disarray, the facility was understaffed, and staff members ignored state regulations for drug distribution.

A pharmaceutical representative approached Gomez within the first few weeks of her employment at the facility about nurse who was allegedly drunk at work or smelled of alcohol. Reportedly, the nurse told Gomez that "Lortabs do nothing for her and that she already had four Percocet that day."

Gomez followed procedure and approached the facility director with her concerns. Allegedly, she was told the nurse "had been on drugs for a long period of time and could practice while on medications." Gomez alleges that the nurse falsified records reporting that she had administered medications when, in fact, she had not and that all drugs were properly accounted for. That nurse was only terminated after an outside source discovered that the nurse had falsified records.

Gomez lost her job in May 2009, after her position was eliminated.

Sharon Bailey, the Administrator of the Healdton Nursing Home in Oklahoma, was arrested for embezzling over $60,000 over the period of three years from the company that oversees the nursing home facility, Elmbrook Management Company. Bailey was released on November 11, 2009 and is scheduled to be in court on November 24, 2009. If convicted, she faces up to ten years in prison and a fine of up to $10,000.

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

Is your loved one in a nursing home? Is he or she "incontinent"? All too often, nursing home residents are labeled incontinent for the convenience of nursing home staff. Any resident who is incontinent should be examined by a physician to determine the cause. In some cases, added staff assistance or even surgery can help eradicate incontinence.

Sadly, sometimes nursing home residents who are incontinent develop pressure sores. These sores are often caused by urine or feces lying against the resident's skin for an extended period of time. The acids in the body waste compromise the integrity of the skin and cause it to weaken; it can begin peeling or cracking. This compromises the resident's health safety and can lead to severe infection or even death.

If your loved one is continent, it is imperative that their skin should be kept as dry and clean as possible. Make sure the nursing home staff is following these procedures with your loved one:

- Clean the affected area daily with mild soap and lukewarm water;
- Moisturize the affected area daily;
- Use barrier products, such as lotions or creams, on the affected area;
- Use proper turning techniques as needed; and
- Use positioning devices or padding on pressure areas.

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

We discussed the tragic death of seventy-nine year-old Ronald Meyers in previous blogs.

A resident of Cambridge-Brightfield Assisted Living Facility in Hatfield, Pennsylvania, Ronald Meyers suffered severe burns to his lips, mouth, tongue, and throat after nurse aide Alvador Thompson fed him scalding hot cereal on October 8, 2008. Thompson failed to report the incident and it was hours before Mr. Meyers was taken to a hospital for treatment. He never ate again and died two weeks later.

Thompson pleaded guilty to involuntary manslaughter in August 2009 and was sentenced to five years' probation on November 12, 2009.

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

Ninety-two year old Robert Doscher was admitted to Valley Gardens Health Care and Rehabilitation Center, a nursing home in Stockton, California, on May 18, 2007, for rehab recovery. He had suffered a mini-stroke, a ground-level fall at home and had other health problems, which included coronary artery disease, irregular heart rhythm, an artificial pacemaker, surgery for prostate cancer, and a recent urinary tract infection that required antibiotic treatment. Once he grew stronger, Doscher was to be admitted to a board-and-care facility.

Upon admission, Doscher was noted to be at high risk for falls and staff was to check on him every one to two hours. He was also to be placed near the nursing station for closer observation, told not to get up without assistance, and a motion alarm was to be used to alert staff to any movement.

Three days after admission, Doscher was found on the floor after he had fallen trying to get back into bed by himself. He had hit his head.

On June 4, a report by the California Department of Health noted that "there was no documented evidence the resident was checked on every two hours" and he was not placed at the nursing station, as his assessment required.

On June 12, Mr. Doscher was again found on the floor. This time, he "developed a change in condition manifested by agitation and then a decrease in his level of consciousness". On June 13, he was taken to the hospital in a comatose condition. He died the following day. His cause of death? "Accidental from falling down on his head in the bathroom", which resulted in an acute subdural hematoma from blunt force trauma.

Valley Gardens Health Care and Rehabilitation Center was hit with a "AA" citation, the state's most severe penalty, and assessed a $90,000 fine after an investigation by the California Department of Health determined that inadequate care led to Mr. Doscher's death.

The Terry Law Firm is experienced in handling cases of wrongful death in nursing home facilities. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

CNA Latoya Harding was arraigned recently on charges of fourth degree grand larceny, first degree offering a false instrument for filing, and second degree criminal possession of a forged instrument after she stole from a nursing home resident at Blossom South, the New York nursing home facility where she worked.

Harding reportedly stole a credit card from a 90 year old dementia resident and used it to pay household bills and make personal purchases from Wal-Mart. She also made several cash withdrawals. In all, her theft totaled approximately $2,434.57.

After theft allegations were made, Harding was fired from the nursing home facility. She reportedly filed for unemployment benefits and submitted an application for benefits using the forged signature of a Blossom South employee and claimed that she had been laid off from Blossom South. The application had clearly stated that only employers could complete the form.

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

Carrie Garza pleaded guilty to three Class C felony charges of prohibited acts and three aggravated misdemeanor charges of wanton neglect of a resident at a health care facility. Her crime? Stealing pain medications from vulnerable residents at an Iowa nursing home facility.

Reportedly, a woman called the Alverno Health Care Facility in Clinton, Iowa on September 15, 2008, alleging to be a pharmaceutical provider and claimed to have recall information on Fentanyl patches. She requested the names of the residents using the medication.

Shortly after making the call, Garza came to the facility and staff directed her to the rooms of three female residents. Garza removed the patches from the residents and left the facility.

Clinton police received a tip on September 19, 2009 that Garza reportedly had been arrested for similar acts in Rock Falls, Illinois. She was identified in a line up by one of the facility's nurses.

Garza was ordered to serve two years supervised probation. The Court suspended three ten year prison terms and three two year prison terms and suspended the fines on the charges. Garza has already completed a substance abuse program and must pay restitution.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at www.nursinghomejustice.com.

Seventy-two year old Andres Cardona died at the hands of a roommate in August 2009. Tragically, Cardona was beaten at Columbus Park Nursing and Rehab Center in Chicago, Illinois by sixty-two year old Ardyce Nauden. Nauden, who has a history of aggressive behavior, beat Cardona because Cardona came into Nauden's room and took his lunch. Cardona later died from the injuries sustained in the beating.

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

Loretta Benzel made suicidal threats at The Willows, the Pennsylvania nursing home she resided at, on September 19, 2009. According to a recent Pennsylvania Department of Health report, facility staff failed to act on her threats for five days. On September 24, 2009, the eighty-nine year old woman committed suicide by crawling out her third floor window and falling 32 feet to her death.

The license of the Presbyterian SeniorCare nursing home has been downgraded to a six month provisional license as a result of Ms. Benzel's death.

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 on our website at www.nursinghomejustice.com.

Losing a loved one is always difficult, but losing a loved one to possible nursing home abuse or neglect is inexcusable. How does one prove negligence on the part of the nursing home facility?

One way to prove possible nursing home abuse or neglect is through an autopsy. An autopsy is a thorough medical examination of a person's entire body, including organs, following death and is used to establish a cause of death. Autopsies are most often performed within 48 hours of the death and are performed by a pathologist, who is trained to evaluate information gleaned through the physical examination of an individual.

Once the physical examination has been completed and laboratory results have been received and evaluated, an autopsy report is generated. Autopsy reports contain information regarding the findings during the autopsy and most often states a cause of death. An autopsy report can be very useful in determining if a nursing home facility provided poor care to a resident.

Autopsies are very useful in cases involving wrongful death due to bed sores (also known as pressure sores or decubitus ulcers), as the physician can medically determine whether or not a resident died due to medical neglect, such as infection or sepsis. This determination can eliminate an argument by the nursing home that the resident's cause of death was due to "old age" or "medical factors".

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

Parkmoore Village Healthcare Center has been sued for allegations of elder abuse.

Paul Johnson cares for his friend, Bill Starkey, and has beeing doing so for at least a year. A few months ago, Mr. Johnson noticed that Mr. Starkey's room smelled like urine, that the call light was on the floor, and Mr. Starkey would not be receiving oxygen as required. When management was confronted about the unsatisfactory conditions, Mr. Johnson was told that they were short-handed and getting a new staff.

On September 14, 2009, Bill Starkey pulled out his catheter and the facility reportedly did not notify Mr. Johnson or a physician. Starkey was sent to the hospital, where he required a blood transfusion to save his life.

Starkey has since been removed from Parkmoor Village and Johnson has filed a lawsuit on behalf of Mr. Starkey alleging elder abuse and insurance fraud.

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

Franklin D. Hughes, a former CNA at Bartlesville Care Center in Bartlesville, Oklahoma, has been charged with two counts of caretaker abuse and his bond has been set at $200,000.

Reportedly, the first incident of alleged mistreatment occurred between July 1 and August 8, 2008, when Hughes allegedly mistreated a 76 year old dementia resident. The victim's wife was visiting the man on August 8, 2008, when she learned of the abuse unexpectedly. Hughes was walking by the resident's room and the man told his wife that he hated Hughes. When asked why, the man told his wife that Hughes had been "hunching and kissing on him". According to an affidavit, the facility's Assistant Director of Nursing, Ronna Heatherly, was told that on August 8, 2008, Hughes had taken the man into the bathroom and while cleaning him, he began "hunching" him and "kissing him on the cheek and around his mouth".

On October 1, 2009, Hughes reportedly attempted to perform sex acts on an 83 year old resident suffering from dementia. The resident told both Ronna Heatherly and his pastor that Hughes asked if he could "get in bed with him, if he could kiss him" and "tried to have sex with me".

When questioned about the allegations, Hughes reportedly denied any inappropriate behavior, yet mentioned that a similar allegation against him had been made at the Nowata Nursing Center. Police contacted the Director of the Nowata Nursing Center, Dorothy Scott, who provided the police with a letter addressed to Hughes from the Oklahoma State Department of Health concerning a complaint a former resident, who also suffered from dementia, had made accusing Hughes of "touching" him. A second complaint at the same facility was made against Hughes on February 12, 2009, by a male resident who told facility staff that Hughes had "offered or asked to have sex with him" twice.

On November 5, 2009, Hughes admitted to inappropriate actions with two residents at Bartlesville Care Center and with the two residents at Nowata Nursing Center. He is scheduled to appear in court on November 20, 2009.

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

Gina Y. Robinson rented a house from an 83 year-old nursing home resident. Before long, the resident had been convinced to grant Robinson Power of Attorney over his affairs and to be his beneficiary at the time of his death. Problems mounted from there.

In August 2009, the resident's son notified police after noticing that his father never had any money. The ensuing investigation revealed that Robinson was writing checks on his account - but not necessarily for his benefit. His two antique cars, a 1936 Ford Tudor and a 1976 Mercury Marquis, had been sold on eBay and one of his several real estate properties had been foreclosed on.

Robinson's Power of Attorney was revoked in September and the man's son was appointed to represent his interests. The elderly man told police that Robinson had convinced him to take out loans on his properties to help her open a business, Gina's Coffee House, that never opened.

Robinson was arrested for financial exploitation of the elderly, forgery, and altering titles.