Nursing Home Abuse Lawyer Blog

Golden LIving is the best known name of a conglomerate of companies that own and operate nursing homes throughout the United States, including Missouri. The company has been based in Fort Smith, Arkansas for several years but has recently announced that their corporate headquarters will be moving to the Dallas, Texas area. One of the nursing homes is Golden LivingCenter - Westwood, which is a 120 bed nursing home facility located in Clinton, Missouri. In this blog, we will look at the recent survey scores for this facility.

In the past three years, the Golden LivingCenter - Westwood inspection deficiency record remained well below the average number of health deficiencies in Missouri. Golden LivingCenter - Westwood was cited for five deficiencies in the 2010 reporting period, two deficiencies in the 2009 reporting period, and four deficiencies in the 2008 reporting period. The average number of nursing home deficiencies in Missouri is seven. While this sounds good, federal reviewers still determined that the facility only deserved a rating of three stars, according to the system instituted by the Centers for Medicare & Medicaid. A three star rating indicates that the facility is an "average" nursing home facility.

In the area of Quality Care Deficiencies, Golden LivingCenter - Westwood was cited for four infections in the 2010 reporting period. Inspectors for the Centers for Medicare and Medicaid cited this facility twice in June 2010 for failing to provide each resident with professional services that followed a written care plan and that met a professional standard of quality.

Bedsores are one of the most serious problems a nursing home resident can face and should be a top concern for Missouri nursing homes. Just last year, Golden LivingCenter - Westwood was cited for failing to provide residents with the treatment necessary to prevent new bed sores from developing or healing existing bed sores. Unfortunately, nursing home residents who develop bedsores often develop a systemic infection called sepsis that leads to death. Bedsores are painful and undignified as well.

This facility was also cited for its failure to ensure that residents who could not care for themselves received help with eating/drinking, grooming, and hygiene.

Golden LivingCenter - Westwood drew the attention of state investigators in 2009 in the area of mistreatment when it failed to write and use policies that forbid mistreatment, neglect, and abuse of residents and theft of their property. Without a policy, it is impossible to provide proper training in these areas.

It is important that the nursing home environment free from dangers that cause accidents for the safety and well-being of their residents. Golden LivingCenter - Westwood failed its residents in this respect in 2008, when one of its residents was actually harmed. Additionally, this facility failed to provide much needed housekeeping and maintenance to keep the facility safe and sanitary.

Continue reading " Missouri Nursing Home Neglect Lawyer Weighs In On Performance of Golden LivingCenter - Westwood - Part I " »

An Indiana nursing home was fined after a resident was reportedly abandoned on a facility bus in dangerously cold weather. Eighty-seven year old Albert Howell, a resident of Ambassador Healthcare, an Indiana nursing home, was reportedly left on a facility bus for over five hours in 39 degree weather.

Howell was taken to a dental appointment on March 2 in the Ambassador Healthcare bus. He was apparently left on the bus for five-and-a-half hours on the bus before being found around 9:45 p.m. Howell's family is appalled and can't figure out how the incident happened. According one family member, "It got cold and he rubbed his hands together to stay warm. He just got over pneumonia two weeks earlier, so he was very lucky that he didn't get sick again.

Ambassador Healthcare owner Tim Sadler had this to say about the incident: "It was unfortunately a medical condition of the driver that led to this happening. We feel terrible about what happened - for the driver and the resident. The driver was terminated, but he was in the hospital for several days after that for observation."

The March 2, 2011 incident netted the facility an immediate jeopardy citation and a fine of $4,100. The facility was required to submit a plan that ensures resident accountability when leaving the facility. Now, facility drivers are required to sign out residents and nurses are required to sign in residents upon their return. At the end of each shift, maintenance workers are required to walk through the bus and sign off on a check sheet. Additionally, someone from the laundry staff is also required to perform a walk through and sign a check sheet.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you suspect that your loved one may be a victim of nursing home abuse or neglect, contact Missouri Nursing Home Abuse Attorney David Terry for a free no-obligation consultation at 1-888-317-2525 or 314-878-9797.

We discussed the Convalescent Center and the tragic strangulation death of one of its residents at the hands of a facility employee in a previous blog.

According to a recent report issued by the California Department of Public Health, San Francisco Nursing Center, formerly known as Convalescent Center Mission Street, was assessed a "AA" citation, the most severe penalty available under California law, for failing to protect a resident from physical abuse by a member of the facility's staff and fined $100,000 after a March 2010 incident that led to the death of an elderly resident.

Reportedly, on March 22, 2010, Maximo Hong Fajardo, Jr., a newly hired CNA with no previous nursing home experience, was found holding a pillow over an 87-year-old resident's face, which led to her death. According to the recently released report, the Director of Nursing ignored warnings from facility nurses on the day of the incident that Fajardo was behaving strangely and the Administrator, Director of Nursing, and two experienced nurses "neglected to monitor, supervise, and evaluate" Fajardo and "failed to provide [the resident] the right to be free from deadly assault". Fajardo is currently in jail awaiting trial.

This is a tragic incident that should never have happened. Facility administrative staff should have thoroughly reviewed the background of Maxmio Fajardo before ever allowing him to come into contact with, much less care for, vulnerable elderly residents. According to the report issued by the California Department of Public Health, Fajardo was hired on March 9, 2010 and March 22, 2010 was his first day of work. Reportedly, on his first day of work, Fajardo, who had no experience in caring for vulnerable nursing home residents, was assigned to care for seven residents. According to the Director of Nursing, despite his lack of experience and training, "she thought he was ready for this assignment". We believe, this callous lack of due diligence and supervision on behalf of facility staff directly contributed to the resident's untimely death.

Far too often, nursing home companies hire people who are completely unqualified to care for our loved ones or fail to properly train their employees. It is not rocket science to know that a poorly trained or an unqualified individual could cause great harm to vulnerable elderly adults.

If you believe your loved one has been a victim of nursing home abuse or nursing home neglect, call our Illinois nursing home abuse lawyer at 1-888-317-2525 for a free consultation.

As a Missouri nursing home abuse lawyer, I am regularly called about potential nursing home abuse and neglect cases. To that end, I regularly review Missouri's nursing homes to see if they are meeting the state and federal regulatory standards. Today, we are looking at Golden LivingCenter - Maryville.

Golden LivingCenter - Maryville is a 105 bed nursing home facility located in Maryville, Missouri. In the past three years, Golden LivingCenter - Maryville's inspection deficiency record has either met or amassed below the average number of health deficiencies in Missouri. Golden LivingCenter - Maryvile was cited for four deficiencies in the 2010 reporting period, seven deficiencies in the 2009 reporting period, and three deficiencies in the 2008 reporting period. The average number of nursing home deficiencies in Missouri is seven. Although the facility was not cited for an extraordinary number of deficiencies, the facility is only rated as a three-star nursing home, according to the system instituted by the Centers for Medicare & Medicaid. A three-star rating indicates that the facility is an "average" nursing home facility.

In the area of Quality Care Deficiencies, Golden LivingCenter - Maryville was cited for two infractions per year for the past three years, with one infraction causing actual harm to the residents of the facility. Inspectors for the Centers for Medicare and Medicaid cited this facility for failing to provide each resident with the care and services that would achieve or maintain the highest possible quality of life three times in the past three years. The facility was cited in 2010 and 2009 for failure to provide proper treatment to prevent new bed sores from developing or healing existing bed sores, with at least one resident suffering actual harm in 2009 as a direct result of that failure. The facility also failed to ensure that each resident entering the facility without a catheter was not given a catheter unless absolutely necessary.

Golden LivingCenter - Maryville also had problems in 2009 and 2010 in the area of Resident Rights. The facility failed its residents twice in 2009, and actually harmed at least one resident, when it failed to immediately tell a resident's doctor or family member if the resident suffered an injury, there was a major change in the resident's health, or if there was a need to change the resident's treatment. The facility also failed to provide services that met the needs and preferences of each resident and failed to properly hold, secure, and manage each resident's personal money that was deposited with the nursing home facility.

Very few people would argue that nursing home companies are supposed to keep their facilities free from dangers that cause accidents for the well-being of their residents. After all, nursing home residents are among the most vulnerable people in our society. Yet, Golden LivingCenter - Maryville failed its residents in this respect twice in the past two years. Additionally, Golden LivingCenter - Maryville is required by law to provide nutrition, dietary, and housekeeping services to maintain a sanitary, orderly, and comfortable facility. Due to the sheer number of people they care for and the vulnerability of their population, nursing homes are required to have a program in place to prevent the spread of infection. This facility failed to have an infection program in place in 2008.

Elderly people are more susceptible to dehydration and malnutrition, so proper nutrition and hydration is vital for nursing home residents. Without adequate nutrition and hydration, nursing home residents may develop urinary tract infections, bedsores, and other physical maladies. Golden LivingCenter - Maryville was cited for failing to ensure their residents were well-nourished in May 2008.

If your loved one has experienced dehydration, malnutrition, besores, urinary tract infections, or any other area of neglect, you may need to talk to a Missouri personal injury lawyer for advice on how to protect your loved one from future neglect. Contact us today for a free consultation.

Continue reading " April 2011 Nursing Home Report Card: Golden LivingCenter - Maryville " »

Burnham Healthcare, a Chicago, Illinois nursing home facility housing young residents suffering from mental illness, was the latest raid target for the task force founded by Illinois Attorney General Lisa Madigan. Formed in 2010 to make Illinois nursing homes safer and known as "Operation Guardian", random visits are made to Illinois nursing homes as a compliance check system designed to put nursing home owners and operators throughout the state on alert that state officials can visit any facility at any time without notification to ensure the safety of the adults that live at the facilities.

The facility was raided on April 19, 2011, when investigators from the Attorney General's Office paired up with Burnham, Illinois police and made an unannounced visit to the facility. Four residents were arrested on outstanding arrest warrants for a variety of offenses such as trespassing, possession of marijuana, theft, and disorderly conduct.

If your family member is a resident of an Illinois nursing home, you should ask the Administrator if they have checked to see if they are housing criminals that could put your loved one at risk. Illinois nursing homes have been notorious for allowing dangerous people to live in their facilities.

If the nursing homes allow criminals or people with serious mental problems to reside in the facilities the risk for Illinois nursing home abuse increases. Injuries such as physical assaultand sexual assault become more common because the vulnerable residents become targets of those who seek to do harm.

If your loved one has been victimized in an Illinois nursing home, contact our Illinois Nursing Home Abuse Lawyer for a free consultation about the rights of your loved one. Call us toll-free at 1-888-317-2525.

Two New York Certified Nursing Assistants have been fired from their jobs at Northgate Health Care Facility after compromising residents under their care.

Alicia Clemens and Gloria Maxwell reportedly cared for a married couple who shared a room at the facility. According to a state health department report, the women brought a wheelchair-bound woman into the married couple's room and placed her in bed between the couple and tried to get the husband to inappropriately touch the woman. The husband, who is legally blind and suffers from dementia, touched the woman on the shoulder, who immediately told him to stop. Clemens reportedly took cell phone photographs of the couple in bed.

Clemens and Maxwell were fired after the April 14, 2010 incident. A third nursing assistant, Heather Whitcomb, and a certified nursing assistant trainee, Jaclyn Cannon, were also fired. Whitcomb and Cannon saw the abuse occurring and failed to report it to their supervisors.

Elderly nursing home residents are easy targets for sexual predators since they often are unable, due to physical or mental impairments, to ward off a sexual attack. Sadly, their impairments often prevent them from even reporting a sexual assault. Families with loved ones in nursing home facilities need to be aware that sexual assault does occur in nursing homes and should be prepared for both prevention and detection of sexual assault. If you have a family member or loved one in a nursing home facility, protect your loved one by:

• visiting your loved one at different times, including occasional visits in the middle of the night. Don't be predictable. Most sexual assaults occur at night.
• opening the door to your family member's room if it is closed when it shouldn't be; don't be afraid to "barge in".
• knowing the name and habits of all employees with access to your loved one.
• watching for evidence of other residents who may be sexually inappropriate.
• talking to the facility administrator about whether proper criminal background checks were accomplished on all staff members.

Illinois Nursing Home Abuse and Neglect Attorney David Terry is experienced in handling cases of nursing home sexual abuse. If you suspect that a family member or loved one in a nursing home facility may be the victim of sexual abuse at the hands of a facility staff member, contact David Terry for a FREE no-obligation consultation at 1-888-317-2525 or 314-878-9797.

To obtain a FREE copy David Terry's book, 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois, click here.

Many jurisdictions prohibit the use of hidden surveillance cameras ("granny cams") in nursing home resident rooms because of employee privacy rights. After reading the article and watching the video associated with this matter, I think granny cams should be installed in every resident room. After all, it is the resident's room.

According to an affidavit of probable cause, Paul French initially went to police in March 2011 to report suspected abuse of his seventy-eight year old mother-in-law, who suffers from severe dementia, while a resident of the Quadrangle Assisted Living Facililty. The woman told her daughter and son-in-law that she was being slapped and punched by facility staff. The victim's family reported the alleged abuse to facility administrators, who informed the family on March 14 that the allegations were unfounded and attributed her accusations to her dementia. But, her family wasn't so sure.

Five days later, visible bruising was found on the elderly woman's wrist and left hand. Rather, than report it to facility administration, the family photographed the injuries and installed a surveillance camera in the woman's room. The camera, disguised as a clock, vindicated the elderly woman three days later.

On March 31, 2011, the camera filmed three employees entering the woman's room as she was dressing. As the woman pulled a shirt over her head, Samirah Traynham, a facility employee was seen grabbing the shirt and putting her left hand under the shirt near the victim's face. Then, she was filmed hitting the woman in the face and head and shoving her onto her bed. Another employee danced around while holding onto the post of the woman's bed. The elderly woman repeatedly tried to escape her attackers. Every time, they pulled her back into her room while mocking and laughing at her while she stood naked from the waist up, trying to cover her breasts.

Paul and Mary French came to visit with her shortly after the attack and the woman was "overly upset and agitated". They took their suspicions to a certified nursing assistant, who confirmed three employees had entered the victim's room - against facility policy. That nursing assistant provided the names of the attackers to police.

Twenty-two year old Samirah Traynham and twenty-one year old Tyina Griffin have both been arrested and charged with aggravated and simple assault, neglect of a care dependent person, reckless endangerment, and harassment. A third "person of interest" is being sought and police expect more charges to be filed in the incident.

Sadly, abuse of defenseless elderly residents at the hands of nursing home employees is more common than you think. 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.

An Illinois nursing home resident is in custody after allegedly sexually abusing a fellow resident.

Fifty-three year old Lindsey Dailey faces a charge of sexual battery after the April 1, 2011 incident. Reportedly, Lindsey entered the room of a female resident at Forrest Manor Nursing Home in Dewey, Illinois around 1:40 a.m. His victim reported to police that Dailey touched her inappropriately, exposed himself to her, and asked her for sexual favors. The victim alerted facility staff, who called police.

When questioned, Dailey denied any wrongdoing, "began cursing" at officers, and requested an attorney.

Daily appeared before Special Judge Kyra Franks Williams on April 1 and told the Judge that he previously had a brain aneurysm. His bond was set at $5,000 with the condition that Daily did not contact his alleged victim or the nursing home facility.

After reading about this tragic incident, Illinois Nursing Home Abuse Lawyer David Terry questions whether the alleged abuser in this incident had any previous history of sexual misconduct. Did the facility have any knowledge of previous incidents of this nature involving the accused or was this his first "attack"? Residents that demonstrate dangerous tendencies must be dealt with to protect the remaining residents. If a resident is known as a potential sexual threat to other residents, the nursing home must act to protect the other residents. If the facility fails to take reasonable steps to protect their residents from becoming victims of a sexual assault, it can be held liable for any injuries that may occur when a known or suspected threat becomes reality.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Contact David Terry toll-free at 1-888-317-2525 or 314-878-9797 for a FREE no-obligation consultation if you suspect that your loved one or family member may be experiencing sexual abuse at the hands of a nursing home resident or staff member.