Nursing Home Abuse Lawyer Blog

The St. Louis Veterans' Administration Medical Center (VAMC) is known as a "national disgrace" and ranks dead last in patient satisfaction among all VA facilities in the nation, according to a recent article published in the St. Louis Post Dispatch.

Problems found at the VAMC make a long list. Most recently, there have been sterilization problems in the operating rooms, which forced the facility to close its surgery center until they could be resolved. In the not too distant past, the VA Dental Clinic was forced to shut down after 1,800 veterans were exposed to HIV and hepatitis after problems with sterilization procedures at the clinic.

Sadly, (but thankfully!) the employees themselves have become whistleblowers on the facility that should be honoring our veterans, not degrading them. According to facility employees, veterans sit in soiled linens for days, supplies are not provided, and patients have to use broken equipment, if it can be found at all. Wes Gordon, a nurse at John Cochran, said, "It took me two years and three months to get applesauce for the patients that can swallow their pills." Imagine that. These men and women put their lives on the line for our freedom and it takes their medical provider two years for a simple request.

According to the medical center's director, Rima Nelson, "Every veteran watching should know and feel assured that the care we deliver here when we deliver it is of the highest quality."

Two federal investigations into the condition at the facility are underway and should be completed by mid-spring. Hopefully, the results of those investigations will prompt those in charge of John Cochran to provide better, more quality care for the special people we have entrusted to their care.

It's a fact: older people have a tendency to fall due to changes in their bodies, such as vision decline, hearing impairment, or decline in coordination. Injury from their falls is increased due to their age and weakened bones, medication side effects, chronic illness, or injured feet. Each year, one out of three adults 65 and older fall. Falls are a leading cause of death from an injury and are responsible for more than 90% of hip fractures in people over age 70.

There are many basic steps that nursing homes can and should be taking to protect our fragile loved ones:

• Encourage exercise to improve strength, balance, and muscle tone
• Schedule regular eye and hearing appointments
• Know the side effects of the medications your loved one has been prescribed
• Encourage the use of a walker or cane for support, if warranted.
• Use nonskid adhesive strips in areas that could be a slip-hazard, such as bathrooms, bathtubs, or next to beds
• Make sure floors are clear of debris, electrical cords and wires and are not highly waxed
• Make sure all rugs have good nonskid backing and that all carpets have no loose ends or rips
• Ensure the living area has good lighting, especially in stairwells, porches, or garages
• Install handrails in bathrooms and bathtubs for stability, if needed
• Provide the number of individuals necessary to help them ambulate safely

Unfortunately, too many nursing homes are so short-staffed that they are unable to provide the level of care and supervision many elderly residents need. As a result, residents fall. Thankfully, most falls do not result in serious injury. However, falls can have serious consequences up to and including death.

If your loved one needs help walking or transferring, make sure you talk to the nursing home employees and tell them that you expect them to staff the facility to meet the needs of the residents. Follow up often and, if tney are not doing so, complain to those in charge. Don't hesitate to take your loved one to a different facility.

In a tragic accident, a 78 year-old nursing home resident was struck and killed after he eloped from an Illinois nursing home facility.

William Spears, a seven year resident of Emeritus at Prospect Heights, walked out of the facility late in the evening on February 23, 2011. Spears, who uses a walker, was attempting to cross Euclid Avenue when a driver stopped and tried to assist him out of the roadway. Spears reportedly refused assistance and was struck by an SUV in the eastbound lane of Euclid. He was rushed to Advocate Lutheran General Hospital, where he was pronounced dead.

The Illinois Department of Public Health and Prospect Heights police continue to investigate how Spears managed to leave the nursing home facility without assistance.

While we don't know the specifics in this case, it is not uncommon for nursing home residents with dementia to become confused, wander and try to leave nursing home facilities. Nursing home residents suffering from dementia are challenging to care for, but nursing homes know that this is a part of the day-to-day care they are to provide. In fact, many nursing homes advertise that they specialize in caring for those with dementia. To that end, nursing homes are required to assess each resident to determine their risk for wandering. If the risk is there, the facility is to initiate a plan of care specifically designed to care for the residents at high risk for wandering and elopement.

Some aspects to such care plans include:

•To consistently monitor doors—especially during shift changes where residents are particularly inclined to wander
•Place residents that have been characterized "at risk" for wandering closer to nursing stations so that they can be more closely monitored
•Using alarms on the resident's bed, wheelchair or door as well as the residents themselves
•Exit doors should be alarmed to notify staff when residents leave the facility
•Using "Wanderguard" bracelets that sound an alarm if a resident passes a designated spot.

If you suspect that a loved one in a nursing home may be at risk for elopement, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525 or 314-878-9797. For more details about wandering and elopement of nursing home residents, go here.

A California assisted-living aide was arrested on March 17, 2011, after he reportedly beat a disabled resident in his care.

Felix Bathan, an employee of Rose Villa Care Center, reportedly hit a blind, semi-paralyzed resident on his arm, leaving bruises.

According to the facility Administrator, Maribel Yap, Bathan was terminated from his employment. He is being held on $30,000 bond in the Tuolumne County Jail.

Although not aware of the specifics of this case, the Terry Law Firm is experienced in handling cases of physical abuse in nursing homes. If you suspect your loved one may be experiencing abuse or neglect at the hands of facility employees, contact Missouri Nursing Home Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525.

According to the California Department of Public Health, Goldstar Rehabilitation and Nursing Center reportedly disregarded a doctor's orders, causing a resident to choke.

The facility was slapped with a $100,000 fine on February 16, 2011 with respect to the April 2009 incident involving a 60-year-old man suffering from multiple sclerosis and thyroid problems. The resident, who had lost most of his teeth and had difficulty chewing, was ordered a special diet of only soft foods. However, on the night of the choking incident, the man was served pork chops at a special candlelit dinner thrown by the facility. The man reportedly choked on the pork chop and was unconscious for approximately 10-15 minutes before he was resuscitated.

The man was transferred to an acute-care facility, where he died approximately one week later.

While the Terry Law Firm was not involved in this incident, we can attest to the importance of staff knowing the content of resident where Care Plans, as well as the location of the Car Plans. I am regularly amazed at how many nurses I depose admit to rarely, if ever, reviewing a resident's Care Plan. Care Plans are supposed to be created within seven days of a resident's admission and contain pertinent information about the resident's abilities, illnesses, and special needs. In this instance, it appears that facility staff may not have known where to locate information about this specific resident's needs. Unfortunately, that lack of knowledge directly contributed to his death.

The Terry Law Firm has represented residents and their families in cases involving nursing home abuse and neglect for over fifteen years. If you suspect that your loved one may be suffering abuse or neglect while a resident of a nursing home facility, contact Illinois Nursing Home Neglect Attorney David Terry toll-free at 1-800-317-2525 for a free no-obligation consultation.

In Part 1 of our review of Embassy, we described the facility's general problems and its assignment to the Special Focus Facility list of perpetually underachieving nursing homes. Today, we delve into some specifics that should concern those who have loved ones in this facility. In Part 2 of this review, we will break down the deficiencies and what they mean for residents and their families.

Embassy Health Care Center was cited for Mistreatment Deficiencies in 2008 and 2010 when it failed to keep each resident free from physical restraints, unless necessary for medical treatment. Both bed rails and wheelchair lap belts are considered to be physical restraints. While the exact nature of the violations at Embassy Health Care Center is unknown, families of nursing home residents need to know that unless doctor's orders are in place to use safety devices such as bed rails or wheelchair lap belts, facility staff members are not allowed to implement safety devices. This is for the protection of the residents. Embassy Health Care also was cited for Mistreatment Deficiencies on March 17, 2008 and again on November 19, 2010 when it failed to hire people who have no legal history of abusing, neglecting, or mistreating residents or failed to report or investigate any acts or reports of abuse, neglect, or mistreatment of residents.

Embassy Health Care Center racked up an amazing 22 deficiencies in the area of Quality Care during the last three years. According to detailed inspection results, the facililty consistently failed to provide residents with services that meet a professional standard of quality. It also consistently failed to give each resident the care and services to get or keep the highest quality of life possible for the resident. In fact, one or more residents were actually harmed on June 10, 2010, when the facility failed in this respect. All facility residents were placed in immediate jeopardy on December 16, 2010 when the facility once again did not provide appropriate services. One or more residents were harmed in March 2008 and again in June 2010 when the facility did not provide the appropriate treatment to residents suffering from bed sores to heal the existing bed sore or to prevent new bed sores from forming. Appropriate treatments to be considered for resident suffering from bedsores or that have the potential to develop bedsores are medicated creams that promote healing, air mattresses, and simple turning of the resident's body approximately every two hours. Sometimes, due to a resident's diagnosed ailments, a resident may require special rehabilitation and a physician may order it to be placed in the resident's Care Plan. Due to the multiple deficiencies the facility received in this area, including on March 26, 2010 when a facilty resident was actually harmed, it appears that facility staff may not know the contents of each resident's specific Care Plan or may not know that a Care Plan exists.

Proper diet and nutrition is vital for everyone, but is especially important for nursing home residents who rely upon nursing home staff for all of their dietary needs. On June 10, 2010, one of the residents at Embassy Health Care Center was harmed when their nutritional needs were not met.

Medication errors can be fatal. At the very least, a medical error can can cause severe impairment and illness. Medication errors include providing a resident with the wrong drug, wrong dose, and/or at the wrong time. Therefore, it is very important that nursing home staff make sure that pharmacy error rates remain as low as possible and no higher than 5%. Embassy Health Care Center did not keep the rate of mediation errors, which include wrong drug, wrong dose, and wrong time, to less than 5% in November 2007 and June 2010. On December 16, 2010, state investigators found that an Embassy resident suffered actual harm when facility staff failed either to ensure that residents taking medication were not given too many doses or for too long, failed to make sure that the use of the drugs was carefully monitored, or failed to stop or change medications that caused unwanted side effects.

The nursing home environment should be clean, safe, and homelike. Residents residing at Embassy Health Care Center were actually harmed multiple times in 2008 and 2010 when facility staff did not make sure that the nursing home area was free of dangers that could cause accidents. While we don't know what specifically happened at Embassy Health Care Center, some common dangers that are found in nursing home environments are overly long telephone cords that become trip hazards or puddles of urine or water in hallways or walkpaths which become slip and fall hazard.

If you have a loved one at Embassy Health Care Center and are concerned about the care they are receiving, you should contact an Illinois Nursing Home Abuse Lawyeras soon as possible. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you suspect that your loved one may be experiencing abuse or neglect at the hands of nursing home employees, please contact us for a FREE no obligation consultation toll-free at 1-888-317-2525 or order David Terry's book, 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois, click here.

Embassy Health Care Center, a nursing home facility located in Wilmington, Illinois, is a for-proft nursing home facility with 169 certified beds. Owned by Jack L. Rajchenback, Nachshon Draimain, and Samuel Lipshitz, this facility is rated overall as a one-star facility, which is "much below average", according to the rating system instituted by The Centers for Medicare and Medicaid (CMS). This terrible rating is due primarily to poor results on Health Inspections.

The average number of health deficiencies found at Illinois nursing home facilities is 8, which is the same average number of health deficiencies found nationwide. During the last three complaint reporting periods, Embassy Health Care Center has consistently performed substantially worse than the Illinois average, racking up nearly twice the number of deficiencies for average facilities in Illinois and nationwide. For the 2010 reporting period, the nursing home inspectors cited the facility for 15 separate deficiencies while 14 deficiencies were found in the 2009 reporting period. And, in 2008, a whopping 20 deficiencies were assessed against this facililty.

Ask any honest Illinois Nursing Home Abuse Lawyer and they will admit that most nursing homes are going to have some deficiencies and many nursing homes are good about correcting any identified problems within a short period of time. However, there are a few nursing homes that experience substantially more problems than other nursing homes with more serious citations. These nursing homes tend to present with a pattern of problems that have existed over a long period of time. When state inspectors find a facility meeting this criteria, the nursing home is often placed on what is known as the Special Focus Facility list and inspectors for CMS institute new criteria for the facility. For instance, once a nursing home lands on the Special Focus Facility list, the facility will be inspected twice a year, rather than the normal one time per year survey inspection. The longer problems exist, the more stringent enforcement actions, such as monetary fines, will be. According to CMS, within 18-24 months after a facility is placed on the Special Focus Facility list, the outcome will be one of three things:

(1) The best case scenario is that the facility makes significant strides in improvement and
graduates from the SFF program.

(2) The facility is provided with additional time to continue to make improvements under the
SFF program.

(3) The nursing home is terminated from Medicare and Medicaid programs. While a facility
may continue to operate without the benefit of these programs, usually a facility closes
upon loss of funding.

Due to its consistently poor performance, Embassy Health Care Center has resided on the "Special Focus Facility" list maintained by The Centers for Medicare and Medicaid for 43 months. It is currently known as a facility that has shown no improvement.

Continue reading " Illinois Nursing Home Lawyer Weighs In On The Problems At Embassy Health Care Center: Part 1 " »

An aide at an unidentified Tennessee nursing home is under investigation after allegedly striking a resident with a bed pan.

The nurse's aide was accused of throwing a bed pan at a resident on March 2, 2011. According to the resident, he accidentally urinated in his bed twice and asked the aide for a bed pan to prevent further accidents. The aide reportedly threw the bed pan at the resident after retrieving it from the bathroom. The resident did not recall what the aide said to him, but he did remember experiencing pain when the bed pan hit him in the stomach. The man suffered a bruising the size of a fifty-cent piece on his stomach.

A subsequent interview with another resident revealed that he was awakened the night of the incident when the aide was yelling at the injured resident. Reportedly, the aide told the man she "didnt' have time for this all night" and threw the bed pan from approximately five feet away. She then took the bed pan away from the man, telling him, "No, you can just use your diaper all night."

According to the Chillicothe police, the matter remains under investigation.

Behavior such as that exhibited by the nurse's aide is unacceptable when caring for anyone, much less a defenseless nursing home resident trying to live his life with as much dignity as possible. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you suspect that your loved one is experiencing abuse or neglect at the hands of nursing home staff, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525.

A problem Chicago, Illinois area nursing home faces loss of funding and possible closure after reports of bloody fights and drug abuse occurring at the facility.

Wincrest Nursing Center, a nursing home primarily housing adults suffering from mental illness, has been a long-standing community problem. A 2009 Chicago Tribune article revealed that the facility failed to notify state officials that the facility was home to dozens of residents with felony records. In late February 2011, a 21 page report from the U.S. Center for Medicare and Medicaid Services was sent to the facility and its contents were not good.

Reportedly, the inspectors found that facility staff was poorly trained and failed to properly supervise dangerous residents or provide them with much needed psychiatric services "to prevent avoidable mental deterioration". It further reported that some facility residents were "often found in the facility intoxicated or under the influence of drugs" and other residents failed to receive prescribed psychotropic drugs.

A December 2010 report from the Illinois Department of Public Health reportedly found that a female facility resident was prostituting herself in the neighborhood and using the money to purchase crack cocaine. A male resident of the facility threatened another resident with a foot-long knife. While the knife was confiscated, inspectors later found another knife in the man's room in full view. According to the report, Wincrest's policy and procedure manual "was about 45 years old" and, amazingly enough, the facility Administrator, Narad Persadsingh, could not name the facility's Medical Director.

WIncrest has been slapped with more than $400,000 in federal and state fines since December 2010 and, as of February 9, 2011, faces an ongoing $10,000 per day fine. Wincrest faces loss of their Medicaid funding on March 20 if the "immediate jeopardy" citations are not properly corrected. As Wincrest depends on Medicaid for approximately 99% of its funding, cutoff of Medicaid funding will likely force Wincrest to shut its doors.

According to State Rep. Harry Osterman, "This action is long overdue. Wincrest has been a problem nursing home in our neighborhood for a number of years."

Golden LivingCenter - Smithville is a 120 bed nursing home facility located in Smithville, Missouri. In the past three years, the inspection deficiency record for Golden LivingCenter - Smithville has hovered around the average number of health deficiencies in Missouri twice. Golden LivingCenter - Smithville was cited for seven deficiences in 2010 and six deficiencies in 2008. In 2009, they recorded eleven deficiencies. The average number of nursing home deficiencies in Missouri is seven. Currently, Golden LivingCenter - Smithville 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. On Health Inspections and Staffing, they received two-stars, which is "below average", however, a "much above average" five-star rating for Quality Measures, helped their overall rating.

No one would argue that nursing home residents should be treated fairly and humanely. Golden LivingCenter - Smithville amassed thre Mistreatment Deficiencies in the past three years when it failed twice to write and use policies that forbid mistreatment, neglect, and abuse of residents and theft of residents' property. The citations also involved the facility's failure to hire only people who have no legal history of abusing, neglecting, or mistreating residents or failed to report and investigate any acts or reports of resident abuse, neglect or mistreatment.

Golden LivingCenter - Smithville was cited twice on January 8, 2009, when an inspection revealed Resident Rights deficiencies. State investigators determined that Golden LivingCenter - Smithville failed to properly hold, secure, and manage each resident's personal money which is deposited with the facility for the resident's use. Investigators found that the facility also failed to quickly give a resident's personal money to the head of his/her estate upon the resident's death. Monetary issues are so import and should be carefully monitored by family. This facility's failures in this area is inexcusable. The facility received another Resident Rights citation on November 12, 2009 when facility staff failed to provide care in such a way that it keeps or builds a resident's dignity and self-respect.

Another area of concern is the providing of professional services. Golden LivingCenter - Smithville has consistently failed its residents in this area over the past two years, as it has been cited twice in two years in this area alone. Other deficiencies cited in the area of Quality Care include failure to provide each resident with the care and services to get or keep the highest quality of life possible. In fact, Golden LivingCenter - Smithville received a citation of "actual harm" on December 11, 2008 when one or more residents were injured as a result of its failure to comply with this regulation. State investigators cited the facility with a Level 3, which is known as "actual harm". The facility was cited a second time just three months later for the same deficiency, only this time it was cited with a Level 4, which indicates "immediate jeopardy to resident health or safety". In both instances, it took approximately two months for the nursing home to correct these serious deficiencies. Other serious citations included failure to ensure each resident entering the facility without a catheter is not given a catheter unless necessary and failure to give residents proper treatment to prevent new bed sores or heal existing bed sores. In the area of bed sore treatment, the facility was cited with a Level 3, or "actual harm" citation.

Bed sore can almost always be tracked to insufficient staffing levels. If there are enough trained staff members available, bed sores rarely occur. However, many nursing home corporations fail to provide a sufficient budget for nursing home staffing, choosing instead to bolster profit at the expense of vulnerable residents.

Continue reading " March 2011 Nursing Home Report Card: Golden LivingCenter - Smithville " »

Golden LivingCenter - Dexter is a 73 bed nursing home facility located in Dexter, Missouri. For the past three years, Golden LivingCenter - Dexter's inspection deficiency record has increasingly worsened. During the 2010 inspection period, which is the most recent information available, Golden LivingCenter - Dexter was cited for seventeen deficiencies. It received seven deficiencies during the 2009 inspection period and just five deficiencies during the 2008 inspection period. Nationwide, the average number of health deficiencies found at a nursing home facility is eight, while the average number of deficiencies found in Missouri nursing homes is seven. Based upon its current inspection results, Golden LivingCenter - Dexter far surpasses the national average by double the number of deficiencies, an accomplishment that, no doubt, factors into the one-star rating Golden LivingCenter - Dexter received in the rating system instituted by The Centers for Medicare and Medicaid.

Suspicions of abuse, neglect, and mistreatment are serious allegations and all nursing home facilities are required to report all instances of suspected abuse, neglect, or mistreatment, whether it be from staff, a fellow resident, or from another source. Golden LivingCenter - Dexter was cited in 2008 for failing to protect its residents from abuse when it was learned that some residents were not kept free from physical restraints unless necessary for medical treatment. That same year, the facility was cited for failing to give professional services that meet a professional standard of quality, and for its failure to have a sufficient program to prevent infections from spreading.

As we can imagine, infection can be a serious problem in a nursing home where the residents are often vulnerable, rely totally on the care given by facility employees, and are unable to protect themselves from infection. The failure to have a program that sufficiently prevents infections may result in serious injuries and potentially death to a nursing home resident.

The facility was assessed a Mistreatment Deficiency again in 2009 when it failed to write and use policies that forbid mistreatment, neglect, and abuse of residents and theft of resident property. This is another administrative failure in procedure. In 2008, they failed to implement a proper infection control policy. In 2009, they failed to have policies on abuse and neglect. These failures represent a serious and systemic problem at the highest levels at Golden LivingCenter - Dexter.

All nursing home residents are entitled to the best care possible. Golden LivingCenter - Dexter has amassed a series of citations in the area of quality care. In 2008 and 2010, the facility was cited for failing to provide professional services to residents with feeding tubes to prevent problems, such as aspiration pneumonia, vomiting, and dehydration. At least one Golden LivingCenter - Dexter resident suffered actual harm on November 25, 2009, when inspectors determined that the facility failed to give each resident the care and services necessary to get or keep the highest quality of life possible. Despite this actual injury, just five months later, on April 8, 2010, the facility was cited again in this area. Other citations assessed to the facility during the 2010 reporting period were failure to provide proper treatment to prevent bedsores or heal existing bedsores, failure to ensure that residents who cannot care for themselves receive help with activities of daily living, and failure to have enough nurses to care for every resident in a way that maximizes the resident's well-being.

Continue reading " March 2011 Report Card: Golden LivingCenter - Dexter " »

Golden LivingCenter - Colonial Manor of Albany is a 60 bed nursing home facility located in Albany, Missouri. In the past three years, Golden LivingCenter - Colonial Manor of Albany's inspection deficiency record has met or surpassed the average number of health deficiencies in Missouri. For the reporting periods of 2009 and 2010, the facility received seven citations. It received eight citations in the 2008 reporting period. The average number of nursing home deficiencies in Missouri is seven. Currently, Golden LivingCenter - Colonial Manor of Albany has an overall rating of four stars, according to the system instituted by The Centers for Medicare and Medicaid, although has just a three star rating specifically regarding its Health Inspections.

A few years ago, The Centers for Medicare and Medicaid created a new way of rating nursing homes known as the Five Star Quality Rating System. This system uses information from three key areas to rate the facility as a whole: health inspections, staffing, and quality measures. For example, when reviewing information on Golden LivingCenter - Colonial Manor of Albany, nursing home staffing received four stars, quality measures received four stars, and health inspections received three stars. Digging deeper into information used to compile health inspection results, the Terry Law Firm noted that during an inspection on October 9, 2009, state investigators found an incident involving actual harm to one or more of the residents of the facility. Two years earlier, the facility faced an "Immediate Jeopardy" citation, which is the worst classification of citation available. Both of these citations involved making sure that the nursing home is free of dangers that cause accidents.

State health inspections are comprised of approximately 180 different items in the major aspects of care that state health inspectors review and inspect each time they visit the facility. Under Mistreatment Deficiencies, Golden LivingCenter - Colonial Manor of Albany was cited three separate times in three years. In 2010, the facility placed its residents at risk for harm when it either failed to hire only people who have no legal history of abusing, neglecting, or mistreating residents or it failed to investigate any acts or reports of resident abuse, neglect, or mistreatment. This facility again placed its residents at risk for harm on October 30, 2009, when it failed to keep all residents free from physical restraints unless necessary for medical treatment. During the 2008 inspection reporting period, the Golden LivingCenter - Colonial Manor of Albany was cited by state investigators for placing its residents at risk for harm when it failed to write and use policies that forbid mistreatment, neglect, and abuse of residents or theft of their property.

Golden LivingCenter - Colonial Manor of Albany was cited several times in 2009 and 2008 in the area of Quality Care. Residents with reduced range of motion require a great deal of assistance to keep and increase their range of motion. The facility failed to assist its residents in this respect in 2009. A year earlier, state investigators found that the facility failed to provide services that meet a professional standard of quality for its residents and failed to provide social services for related medical problems to help each resident achieve the highest possible quality of life. Facility staff also was cited in 2008 for failing to ensure that residents entering the nursing home without a catheter were not given a catheter unless absolutely necessary.

Continue reading " March 2011 Nursing Home Report Card: Golden LivingCenter - Colonial Manor of Albany " »

If the State of Illinois has anything to say about it, a troubled Illinois nursing home will soon close its doors.

The Terry Law Firm discussed the problems at Alden Village North in a previous blog. Alden Village North, an Illinois nursing home caring for children and adults with severe developmental disabilities, has come under fire after a recent Chicago Tribune article revealed that at least 13 children and young adults have died at the facility since 2000, for which the facility was cited for neglect or failure to investigate suspected neglect.

One tragic example of the reported neglect was nine year old Jeremiah Clark. Ill, Jeremiah was sent home from school two days in a row, but no one at Alden called his doctor until the third day of his illness, mere hours before he died. His cause of death? Shock, infection, and a bowel obstruction.

Illinois state officials have notified Alden that they plan to revoke the facility's license, effectively closing the facility. Reportedly, according to an Alden spokesperson, the facility will appeal the closure and remain open. Currently, the facility is operating with a state-assigned monitoring team to ensure resident safety.

According to the Illinois Department of Public Health, Alden Village North is owned by Floyd A. Schlossberg. Schlossberg, who has an ownership interest in at least 28 other nursing home facilities, is a former President of the Illinois Health Care Association (IHCA). Let's hope the Alden VIllage North model was not what he brought to the IHCA.

Golden LivingCenter - New Madrid is a 112 bed nursing home facility located in New Madrid, Missouri. In the past three years, Golden LivingCenter - New Madrid's inspection deficiency record has surpassed the average number of health deficiencies in Missouri once - at nearly double the average number of health deficiencies in Missouri. Golden LivingCenter - New Madrid was cited with three deficiencies in 2010, thirteen deficiencies in 2009, and four deficiencies in 2008. The average number of nursing home deficiencies in Missouri is seven. Currently, Golden LivingCenter - New Madrid is rated as a one-star nursing home, according to the new system instituted by the Centers for Medicare & Medicaid. The one-star Medicare rating means a "much below average" facility.

All residents deserve professional services that meet a professional standard of quality and that give residents the best quality of life possible. Golden LivingCenter - New Madrid failed its residents in these areas at least four times in the last three years.

Not every resident is the same. Individual care plans must be developed for each resident to meet the resident's specifi medical, nursing, and mental needs. Without a care plan, nurses who are caring for the resident have no idea what the specific needs are for that individual resident. The care plan needs are supposed to be routinely assessed and updated to reflect the resident's ongoing needs. Golden LivingCenter - New Madrid failed to do this. They were cited for failing to develope a care plan that met the needs of the resident and failed to develop it within seven days of a resident's admission. Moreover, the investigation determined that the facility failed to prepare the care plan with the care team and failed to check and update the existing plan.

Proper care and nutrition is vital for everyone, but even more so for nursing home residents. Golden LivingCenter - New Madrid failed to provide proper treatment to residents with feeding tubes to prevent problems and help restore eating skills, if possible. Keep in mind that nursing home residents are, for the most part, completely dependent upon the nursing staff for proper nutrition and hydration. The resident no longer has the luxury (or ability) to go look in the refrigerator for a meal or a snack. If there are nutritional problems with a resident, it is most likely a failure with the nursing home.

The facility also failed to ensure that each resident entering the facility without a catheter was not given a catheter unless necessary. Golden LivingCenter - New Madrid also failed to ensure that residents who cannot care for themselves received assistance with activities of daily living.

Nursing home residents have rights. Golden LivingCenter - New Madrid failed its residents in that it failed several times to keep each resident's medical records private and confidential. We don't know the specifics of this failure, but it is important that a resident have confidence that their health conditions and records will remain private.

Golden LivingCenter - New Madrid is required by law to provide nutrition, dietary, and housekeeping services to maintain a sanitary, orderly, and comfortable facility. The facility failed to store, cook, and distribute resident food in a safe and clean manner in 2009. The facility also did not have a program in place to prevent the spread of infection and failed to make sure the nursing home was free of dangers that cause accidents in 2009.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect and has handled many cases against various Golden Living facilities. If you suspect your loved one might be a victim of nursing home abuse or neglect, contact the Terry Law Firm for a free, no-obligation consultation toll-free at (888) 317-2525 or (314) 878-9797.

A Golden Living spokesperson announced on Wednesday, March 9 that the company headquarters is moving to Dallas, Texas.

Operating a conglomerate of healthcare companies, which include Aegis Therapies, Asera CareHospice, AseraCare Home Health, Golden LivingCenters, Golden Living Communities, 360 Healthcare Staffing, and Ceres Purchasing Solutions, Golden Living is currently based in Fort Smith, Arkansas. The company announced that lower level administrative jobs will remain in Fort Smith, while high level executive jobs will be moving to a 26,000 square foot building in Dallas. More information on this move is expected to be released shortly.

Golden Living operates seventeen nursing homes in Missouri, three of which have an overall rating of one-star, based on the Medicare.gov star-rating system. A one-star rating indicates that Medicare has deemed the facility to be "much below average". Our Missouri Nursing Home Abuse Attorney at the Terry Law Firm has recently reviewed the available information on the one-star Golden Living facilities and blogged on them. For more information about these facilities, click on the name of the facility below:

Golden LivingCenter - Dexter

Golden LivingCenter - Dexter is located in Dexter, Missouri and is a 73 bed facility. It is a for-profit facility and most recently received a one-star rating for staffing, a two-star rating for health inspections, and a three-star rating for quality measures. It's overall rating is one-star.

Golden LivingCenter - Branson

Golden LivingCenter - Branson is located in Branson, Missouri. It has 100 certified beds, is a for-profit facility, and is deemed a "much below average" facility by Medicare.gov.

Golden LivingCenter - New Madrid

Golden LivingCenter - New Madrid is located in New Madrid, Missouri on Interstate 55. While it received a four-star rating for Quality Measures, its one-star rating for staffing and two-star ratingn for Health Inspections contributed heavilty to its overall one-star rating.

The Terry Law Firm has handled numerous cases against Golden Living facilities. If you have a loved one in a Golden Living nursing home and are concerned about the care they are receiving, call us toll-free at 1-888-317-2525.

Three California nursing home aides face charges after a "sexual misconduct allegation alert" tipped off the Bureau of Medi-Cal Fraud and Elder Abuse as to problems at a nursing home facility.

In January 2011, acting on a tip, agents from the California Department of Justice arrested Arnold Samson, a CNA, and charged him with elder abuse and battery against a resident of a skilled nursing home. Reportedly, a fellow employee at Idylwood Care Center saw Samson grab the testicles of a male resident and making crude comments. The tipster reported that the same resident had complained in the past about his genitals being grabbed. Samson has since been fired from the facility.

In follow-up interviews, agents determined that Samson had been seen by other employees grabbing and pulling on the resident's genitals and threatening to touch him. The information led to the arrests of Ryan Tan and Richardo Martinez for reportedly having knowledge of the abuse and failing to report it. Tan allegedly admitted in an interview that he had seen Samson grabbing the man's genitals while he was sleeping just "to get a rise out of him". Both Tan and Martinez are also no longer employed at the facility.

There is a difference between abuse and neglect. This case is clearly a case of sexual and physical abuse. Actively and purposely harming a nursing home resident is abusive and criminal.

Although not handling this case, the Terry has handled cases involving sexual abuse of nursing home residents in the past. If you suspect that your loved one is suffering abuse at the hands of a nursing home caretaker, contact Missouri Nursing Home Abuse Attorney David Terr toll-free for a FREE no obligation consultation at 888-317-2525 or 314-878-9797.

Albany County, a New York nursing home facility, was cited for placing their residents in an "immediate jeopardy" situation recently after state health department investigators conducted an inspection between February 21 and February 28.

Reportedly, state health department investigators found unlocked high-voltage electrical boxes in two of seven residential units on February 22. According to a March 7, 2011 letter sent to County Legislature Chairman Daniel McCoy, "live electrical parts were located 5 feet 10 inches from the floor" in "unlocked relay control panel boxes in areas frequented by cognitively impaired residents. Additionally, the facility lacked a system to ensure these dangerous electrical components were secured from resident access."

According to Mary Duryea, county spokeswoman, "All of the locks were changed on all the electrical boxes in the facility and a monitoring protocol was instituted to make sure the boxes are regularly checked to see that they're secured. All of the locks were replaced the next day." Duryea further stated that the county was considering challenging the "immediate jeopardy" deficiency.

Fifty-nine year old Julia Galvan was arrested on March 2, 2011, after authorities viewed "granny cam" footage showing Galvan attacking a paralyzed, terminally ill hospice resident.

It all began on January 15, 2011, when Modesta Alvarado, a completely defenseless resident of Harborage nursing home in North Bergen, New Jersey, reportedly was slapped awake with an open-handed blow to the top of her head. Video footage shows Alvarado's stunned reaction: eyes and mouth wide open, face registering pain. Due to her condition, she was unable to communicate further or even call for help. She suffered through two more violent blows, again caught on tape. Her abuser was her facility caretaker, Julia Galvan, who was supposed to care for her. Sadly, Modesta Alvarado was found dead less than 24 hours after the violent attack, although authorities do not attribute her death to the incident. It's sad to realize that rather than receiving love and care during her last hours, Modesta Alvarado had to fight for her life and experienced pain, suffering, and fear.

On February 23, 2011, Alvarado's daughter contacted local police after reviewing the video footage that she shot using a camera hidden in a clock radio. In addition to the abuse discussed above, the footage caught Galvan ripping an oxygen mask from Alvarado's face, even though she was not authorized to remove any of Alvarado's medical equipment.

Galavan was charged with assault, abandonment, and neglect of the elderly and has been terminated from the facililty. She has posted $5,000 bail and is currently out on bond.

When asked why she attacked Alvarado, Galvan told police that she was "stressed" and suffers from depression.

The Terry Law Firm has handled many cases involving nursing home abuse and neglect. Some signs to watch for if you suspect your loved one may be suffering abuse or neglect at the hands of nursing home facility staff are:

- Unexplained bruising or crying or other emotional outbursts
- Signs of depression
- Unexplained fear - often of just one individual
- Withdrawal from activities normally enjoyed
- Clinging to visitors or family members

Take time to listen to your loved one and watch their reactions. If you suspect that abuse or neglect may be occurring, contact Illinois and Missouri Nursing Home Abuse Attorney David Terry for a FREE, no-obligation consultation toll-free at 1-888-317-2525 or 314-878-9797.

Rosewood Care Center of Swansea faces a lawsuit over a resident's untimely death.

Alice Goodwin was admitted to Rosewood Care Center of Swansea after suffering a left hip fracture. While a resident of the facility, Goodwin reportedly developed deep vein thrombosis, which is commonly known as a blood clot. That clot traveled to her lungs, causing her death on November 26, 2009.

Her family filed a lawsuit in the Circuit Court of St. Clair County on February 11, 2011. The lawsuit alleges that the facility and its owners, Larry Vander Maten and Darrell Hoefling, failed to provide Ms. Goodwin with proper supervision, failed to protect her from neglect, and failed to provide her with the necessary treatment to keep her functioning. Additional allegations are that the defendants failed to provide 24-hour nursing care, failed to provide a Care Plan based on her needs, and failed to timely notify her physician of changes to her condition.

Dr. Brian O'Neill has also been named as a defendant in the five-count lawsuit. O'Neill faces allegations of failing to keep Ms. Goodwin on Lovenox and failing to maintain her on Teds Hose following her initial injury.

The lawsuit seeks a judgment in excess of $525,000 plus attorney's fees and costs.

A former resident of an Illinois nursing home has filed a lawsuit in St. Clair County, Illinois alleging that use of excessive force caused him bodily injury.

Henry Dinan filed a lawsuit on January 28, 2011 against Protestant Memorial Medical Center, Inc., which does business as Memorial Convalescent Center and Memorial Hospital, and Memorial Care Center. Reportedly, in February 2009, while Dinan was a resident of the facility, his left femur was broken when employees of the facility used excessive force during care.

Dinan is seeking more than $50,000 in damages.

While we do not know the specifics of this case, broken bones are not uncommon at nursing homes. Sometimes, someone will fall and break a bone and it is no one's fault. Many times, however, falls can and should be prevented. What should always be prevented is abusive conduct that results in broken bones. Sadly, many nursing home employees are so overworked in understaffed nursing homes that they snap and physically assault a resident. In these cases, you will often find the root cause of the abuse is a tired, overworked, underpaid and undersupervised employee. Don't get me wrong, none of those excuse elder abuse, but prosecutors and/or civil attorneys should look not only at the abuser but the owners as well.

Ninety-three year old Donald Bodkin was admitted to Victoria Healthcare and Rehabilitation Center, a California nursing home facility, in August 2010 to recover from hip surgery. Sadly, Donald Bodkin never left the facility.

Reportedly, shortly into his 30 day stay, Donald Bodkin developed a painful distended abdomen, loss of appetite, and low urine output, all of which was documented by facility staff. Bodkin's family was told that he was in pain and was lethargic by an occupational therapist, but no one contacted his physician. Five days after his symptoms appeared, Donald Bodkin was found without a pulse. He died on September 13.

An autopsy revealed that Bodkin died of a ruptured ulcer in his small intestine that led to an infection in his bloodstream. It was estimated that the rupture occurred a three to seven days before he died. His death was described as "untimely".

A state investigation into Bodkin's death led to the discovery that the facility failed to properly assess Bodkin's condition and failed to notify his physician once life-threatening symptoms appeared. The facility was fined $75,000 for the violations. Rather than acknowledge the error and live with the consequences, the nursing home has chosen to appeal the fine.

Families trust that nursing home employees will carefully monitor their loved ones for any symptoms of illness. So, what should you do if your are told your family member is in pain? Here are some ideas to keep in mind:

1. Don't rely on the nursing home to call a physician or provide proper treatment. You must always make sure they do what thye are supposed to do. In short, trust but verify.

2. Make sure your loved one is seen by a doctor and gets the treatment needed. Request copies of the lab reports, doctor's notes, etc.

3. Ask your loved one how they are feeling.

4. Know the doctor's orders and watch to make sure they are being followed.

5. Visit often.

A Walker County, Georgia jury's recent award spoke volumes about what they thought about the wrongful death case presented to them.

Fifty-one year old Charlotte Pauline Dean suffered from cerebral palsy. She relied upon Hutcheson Home Health Care for weekly medical treatment. Her family hired Country Crossing Assisted Living to provide Dean with around-the-clock care. Sadly, Dean died on January 19, 2006, after being transported to Hutcheson Medical Center, also known as Hutcheson Home Health. Dean had multiple infected pressure sores on various parts of her body.

Dean's family filed a wrongful death lawsuit against both entities and Travis Thompson, the owner of Country Crossing Assisted Living, alleging that they were only treating one pressure ulcer rather than the multiple infected sores that Dean had all over her body. After a week-long trial, the jury awarded Dean's family $4 million for pain and suffering, $5.5 million on the wrongful death claim, and $2,683 in funeral expenses.

According to Ken Bruce, one of the family's attorneys, "When you see a verdict like this, by definition it reflects a jury's belief that there was some very bad treatment and bad conduct by the defendants."

Sadly, many politicians will deny this verdict as another "runaway jury" requiring the need for more tort reform. The better way to view a verdict like this is a wake-up call for nursing home owners to either better fund and better staff their facilities so they can provide quality care or shut down.

I applaude the Georgia jury that sent the right message in this case.

Golden LivingCenter - Branson is a 100 bed for-profit nursing home facility located in Branson, Missouri. During the last inspection period of October 1, 2009 through December 31, 2010, Golden LivingCenter - Branson was cited for sixteen specific deficiencies. Golden LivingCenter - Branson fared much better in previous years, receiving thre deficiencies in 2009 and eight deficiencies in 2008. The average number of nursing home deficiencies in Missouri is eight. Currently, Golden LivingCenter - Branson has an overall rating of a one-star facility, according to the new system instituted by the Centers for Medicare & Medicaid.

Nursing home facilities are required to protect their residents from all alleged violations of abuse, neglect, or mistreatment, whether it be from staff or from another source. Golden LivingCenter - Branson placed at least one of its residents in immediate jeopardy in 2010 when it failed to protect the resident from abuse, physical punishment, and being separated from others. The facility was also cited on the same date for failing to keep each resident free from physical restraints unless needed for medical treatment and for failing to write and use policies that forbid mistreatment, neglect, and abuse of residents and theft of residents' property.

Golden LivingCenter - Branson is required by law to provide each resident the care and services to get or keep the highest quality of life possible. In 2010, at least one Golden LivingCenter - Branson resident was please in immediate jeopardy after investigators determined that the facility failed in this regard and, overall, the facility has failed to comply numerous times with this requirement. The facility failed its residents when it failed to provide each resident with the proper treatment to prevent new bed sores or heal existing bed sores and to make sure that residents who cannot care for themselves receive assistance with activities of daily living.

Of course, all nursing home residents are entitled to receive care that keeps or builds each resident's dignity and self-respect. The August 31, 2010 inspection at Golden LivingCenter - Branson determined that the facility failed its residents in this regard.

Continue reading " March 2011 Nursing Home Report Card: Golden LivingCenter - Branson " »