Nursing Home Abuse Lawyer Blog

Golden LivingCenter - Jefferson City is an 87 bed nursing home facility located in Jefferson City, Missouri. Currently, Golden LivingCenter - Jefferson City has an overall rating of "three stars", according to the system instituted by the Centers for Medicare and Medicaid. A three-star rating indicates that the facility is an "average" nursing home facility. So, why is this just an "average" facility? One need look no further than its three year history of inspection surveys, during which Golden LivingCenter - Jefferson City has hovered round the average number of health deficiencies in Missouri. Golden LivingCenter - Jefferson City was cited for eight deficiencies in 2010, seven deficiencies in 2009, and eight deficiencies in 2008. The average number of nursing home deficiencies in Missouri is seven.

Nursing homes are required to treat their residents fairly and humanely. This includes keeping all residents free of physical restraints unless necessary for medical treatment. Golden LivingCenter - Jefferson City was cited by state investigators on December 11, 2008 for failing to comply with this regulation. While we don't know the specifics of that citation, the use of physical restraints often refers to bedside railings or wheelchair belts. Before a restraint can be placed on a resident, there must first be an assessment to determine if the restraint poses more harm than good. Residents who do not have sufficient comprehension of the purpose of the restraint may be injured or even killed by the device that is designed to help them. For example, bedrails can pose a significant risk for asphyxiation if the resident is not properly assessed and care for.

Nursing home residents are supposed to receive nursing services that meet a professional standard of quality. Golden LivingCenter - Jefferson City has been cited seven times in the past three years in this area alone, meaning that they have failed consistently to provide quality care to their residents. Some citations are more serious than others. On February 4, 2008, Golden LivingCenter - Jefferson City was cited for the most severe deficiency possible - Immediate Jeopardy. An "immediate jeopardy" citation indicates that one or more residents experienced actual harm as a direct result of the nursing home's actions or inactions. Needless to say, an immediate jeopardy citation is something that should be carefully looked at by families of prospective residents.

The law requires that nursing home residents be treated fairly and maintain certain human rights. In the past two years, Golden LivingCenter - Jefferson City was cited for failing to protect a resident from a transfer or discharge that was not wanted or needed, not allowing a private telephone for resident use, and failing to promptly send and deliver unopened mail to residents.

Golden LivingCenter - Jefferson City is also required by law to provide nutrition, dietary, and housekeeping services to maintain a sanitary, orderly, and comfortable facility. This facility failed to have an infection prevention program in place in both 2008 and 2009. The facility also failed to ensure that the facility was kept safe, clean, and homelike in its surroundings and was deficient in providing much needed housekeeping and maintenance. The facility did not prepare food that was nutritional, appetizing, and cooked at the right temperature in at least one instance and failed to ensure that attending physicians ordered special diets for residents with special needs. Golden LivingCenter - Jefferson City was also cited on more than one occasion for failing to store, cook, and distribute food in a safe and clean way.

Missouri Nursing Home Abuse Lawyer David Terry has spent the last ten years working for the rights of Missouri's nursing home residents. He has written a book that answers many of the questions his clients regularly ask him entitled 5 Things You Must Know About Nursing Home Abuse and Neglect in Missouri. If you have a loved one in a nursing home or are considering nursing homes, we will send you this book FREE of charge. Simply call our office at 1-888-317-2525 and ask for your free copy and we will send it to you right away.

Smoking residents at a Kentucky nursing home are not supervised while smoking because "they turn violent if their cigarettes or pipes are taken away", according to records obtained by the Kentucky Herald-Leader.

Nursing home inspectors found 19 deficiencies at Parkview Nursing and Rehabilitation Center in between January 1, 2010 and January 31, 2011, according to a spokesperson for the Cabinet for Health and Family Services. The facility has been added to the federal Special Focus Facilities list, which is a list of the nation's most troubled nursing homes. Kentucky boasts four facilities on that list.

According to the report, on June 3, staff allowed a mentally disabled resident to leave a smoking room with a pipe. The resident reportedly fell asleep with the lit pipe and the mattress caught fire. The mattress smoldered and the resident was found on his knees, coughing in the hallway. He sustained second degree burns to his hand in the incident. The facility was issued a Type A citation for the incident on June 14. According to federal guidelines, nursing homes are allowed to have smoking rooms, but facility staff is required to supervise and assist residents who are unable to safely handle smoking materials. Because the resident involved in this incident became physically and verbally combative when his smoking materials were taken, staff members allowed him to keep his pipe and had been doing so for four years.

Other immediate jeopardy incidents found at the facility involved failures to keep the facility free of dangers that could cause accidents, failure to follow care plans, and failure to run the facility in such a manner that it leads to the highest level of well-being for the residents.

Parkview Nursing and Rehabilitation Care joins Arbor Place, Bluegrass Care and Rehabilitation, and James S. Taylor Memorial Home on the federal Special Focus Facilities list. The James S. Taylor Memorial Home has since voluntarily closed its doors.

A Colorado nursing home worker was terminated after two elderly women suffering from "cognitive deficits" were found with signs of possible sexual abuse following a December 1, 2010 incident.

The male worker was fired from The Elms Haven Care and Rehabilitation Center after two elderly female residents, one in her 80s and one in her 90s, were found with blood in the underwear. According to a report from the Colorado Department of Public Health and Environment, a rape kit was used following the alleged assault. It is not known if the man will face criminal charges.

Sexual abuse of elderly nursing home residents is a growing problem. There are several signs of sexual abuse you can look for with your loved one:

1. Increased anxiety, especially around a specific individual
2. Depression, sadness, or sullenness that didn't exist before
3. Pain or reddening in the genital area
4. Crying

If your loved one is demonstrating one or more of these characteristics, you should investigate the reasons why. As unpleasant as it is, you should investigate if they have been the victim of sexual abuse.

The Terry Law Firm is experienced in handling cases involving sexual abuse. If you suspect your loved one has suffered abuse at the hands of a nursing home employee, contact us toll-free at 1-888-317.2525 for a free consultation.

An Oregon assisted living aide is going to spend the next 18 months behind bars for her role in deceiving an elderly resident and stealing nearly $30,000 from him. Fifty-eight year old Patsy Murphy worked at the Heritage Place Assisted Living facility in Bandon, Oregon from May to December 2009. While employed there, she reportedly took advantage of three men at the facility.

Murphy is said to have received a negligee from one gentleman and married another. The worst incident involved an 89 year-old elderly resident. Murphy was the man's caregiver; she reportedly attempted to start a romantic relationship with the man. Then, she talked the man into giving her money to purchase an automobile. The victim reportedly gave her $28,250 to purchase a 2010 Toyota Camry. The car was to be titled in the man's name, but Murphy was going to use the vehicle to transport him. Instead, Murphy bought the car, titled it in her own name, and hid the car. When questioned, she told people that her son bought it for her. Later, Murphy sold the car and kept the proceeds. The man never saw Murphy again after he gave her the money.

Murphy pleaded guilty to first degree criminal mistreatment of an elderly person and first degree aggravated theft.

The family of Gladys Feran was shocked to discover that their loved one had suffered 17 falls in 16 months - and they didn't know about any of them.

According to John Flynn, Gladys Feran's son, "We feel betrayed. Why wouldn't they ask (our) family to meet with her and her caretakers to help us understand what we could do to prevent the falls?" Larchwood Village Retirement Community, an Ohio nursing home, was cited in 2008 for failing to document a fall in which Feran suffered a broken hip and collar bone. She had been pushing a wheelchair through a door when she fell. It has been revealed that this wasn't the first time she had fallen while pushing another resident in a wheelchair.

Reportedly, Feran fell a few months earlier while pushing a wheelchair. Her knees buckled and she was caught mid-fall by facility staff. Feran fell again in April 2009 when she fell while trying to turn off her television. Reportedly, a nurse examined her, called her daughter, and put Feran on the couch. The family denies the call, stating, "We didn't even know she fell." After five days of constant pain and increasing confusion, Feran was taken to the hospital, where she was diagnosed with a fractured pelvis. Two weeks later, she died from a lung infection. The coroner ruled that the broken pelvis contributed to her death.

According to John Flynn, "If the family didn't request an autopsy, we'd probably never know that mom had a broken pelvis."

Nursing homes are required by federal law to contact a designated family member if a resident falls or is injured. If the allegations in this lawsuit are rue, then this nursing home has clearly violated the law and their duty to the resident and her family.

Continue reading " Autopsy Reveals Injury That Contributed to Ohio Nursing Home Resident's Death " »

The Minnesota Department of Health determined that neglect caused a resident's fall and subsequent injury at Benedictine Health Center. We have discussed problems at the facility in previous blogs.

According to a January 26, 2011 investigative report by the Office of Health Facility Complaints, a resident who had left-side paralysis and required extensive assistance was to be moved between her bed and the bathroom on August 27, 2010. The woman's care plan called for a transfer between the wheelchair and toilet using a mechanical lift. Use of the lift including the use of a vest, buttock strap, and straps for the lower legs. The employee assisting the woman admitted that she failed to use the buttock strap during her transfer. The results were tragic.

During the transfer, the resident fell or was dropped. She suffered head injuries and left hip contusions. In the ensuing hours after the fall, the woman "continued to have pain in her left hip, her ability to move declined, and her appetite decreased". She was placed on hospice six days after the fall and died three days later.

According to the facility's Executive Director, Mark Broman, the facility's investigation found that their employee failed to follow the resident's care plan and facility policies and was terminated.

This is a sad case and yet another illustration of how vulnerable elderly residents are. It is good that the employee involved was terminated, but why did this happen in the first place? Where was the supervision? Was the person adequately trained? Sure, she cut corners, but why? Is the facility insufficiently staffed?

Continue reading " Neglect Cited in Minnesota Nursing Home Resident's Fall " »

We discussed Angela Almore and her role in an overdose death at Britthaven, a North Carolina Nursing home, in previous blogs.

Almore was indicted on six counts of patient abuse for reportedly giving residents morphine who were not prescribed the drug, causing one resident to die. In that case, she has been indicted for second degree murder. The State has alleged that Almore gave the drug to the residents to keep them sedated. Almore was observed passing out small cups to the residents and telling them it was vitamins.

Almore remains free on bond pending her September 12 trial date. She has pleaded not guilty to the charges.

It appears the bed bug infestation discussed on the national news has found its way to a Kansas City Assisted Living Facility. The Missouri Department of Health and Senior Services has cited Rockhill Manor, a 190 resident facility. Apparently, this facility has been fighting the infestation since October 2010. The facility Administrator, Russ Baker, has apparently hired an exterminator, cleaned mattresses, and sealed floor cracks in an effort to eradicate the bugs. Additionally, residents can no longer do their own laundry.

The Dressel family has alleged that a Lebanon, Illinois nursing home facility contributed to cause a loved one's death. Beverly Dressel alleges that Covenant Care Midwest, doing business as Cedar Ridge Health Care and Rehab Center, failed to properly care for her mother, which resulted in the elderly woman developing bedsores, an infection, and sepsis.

Betty Dressell, suffering from Alzheimer's, entered the facility on October 1, 2008. She remained there until December 5, 2008, when Almost Family and National Health Industries, doing business as Mederi-Caretenders, was hired to care for her. While under the care of Almost Family and National Health Industries and Covenant Care, Ms. Dressel is alleged to have developed pressure sores on her back, buttocks, leg, and feet. She subsequently developed a severe infection, which led to sepsis. Ms. Dressel died from her injuries on April 14, 2009.

The lawsuit, filed January 10, 2011, alleges that while Ms. Dressel was being cared for by Almost Family and Covenant Care, employees failed to recognize symptoms of decubitous ulcers, failed to diagnose the decubitous ulcers, and failed to refer Ms. Dressel to a wound care specialist for treatment. The 51 count complaint alleges medical negligence/wrongful death, statutory negligence, breach of contract, breach of fiduciary duty, and loss of consortium and is seeking a judgment in excess of $2.55 million plus costs.

If nursing home employees fail to implement procedures to prevent pressure sores or do not adequately treat existing pressure sores, the likelihood is that residents will develop pressure sores that can cause the resident a serious injury and substantial pain. If employees fail to provide adequate care, there should be substantial penalties against their employer and them personally.

Residents at risk for pressure sores should be:

- turned and repositioned at least every two hours
- provided medication and creams to keep skin soft and supple
- bathed regularly
- kept clean and dry and free from long-term exposure to urine and feces
- provided pads to keep at risk body parts from hard surfaces