Nursing Home Abuse Lawyer Blog

When most people think of a nursing home, they envision a building full of elderly, bedridden people all of whom have multiple medical problems that need care around the clock. And, in a sense, they are right. Individuals that need 24/7 care would likely need the level of care that can be found in a skilled nursing facility which is what most people think of when they think of a nursing home. However, not everyone that needs help with their daily care requires the level of care provided at a skilled nursing facility. There are, in fact, different levels of long term care available to people who need some daily assistance but are not totally dependant upon others. For those who are looking for facilities to help their family members, this is welcome news.

Skilled Nursing Care v. Residential Care

Skilled Nursing Facility

Missouri has 1,146 long term care facilities. Of those, 495 are considered skilled nursing facilities while 471 are deemed residential care facilities. According to the Missouri Department of Health and Senior Services website, a skilled nursing facility is required to have a licensed nursing home administrator and is the kind of facility that provides 24 hour care for at least three severely compromised individuals. Of course, most nursing homes have far more than three patients, but the state of Missouri requires that the facility have at least three people for the facility to meet the definition of a skilled nursing facility. A skilled nursing facility may only provide skilled nursing care under the supervision of a registered professional nurse. Moreover, medication administration must be administered only after receiving a prescription by a licensed physician. Failure to comply with any of these requirements leaves the facility at risk for license revocation.

Residential Care Facility

Residential care facilities are divided into two categories; RCF 1 and RCF 2. An RCF 1 facility provides at least three individuals with room, board and care. These are individuals who do not need the skilled nursing care provided at nursing homes, but rather those who may need some additional supervision during a short term illness or for recuperation after an operation, a fall or similar event. Each resident must have the knowledge and physical ability to exit the building safely without the assistance of other individuals. No licensed nursing home administrator is required.

An RCF 2 facility provides additional assistance that is not provided by an RCF 1 facility, but still not to the level of a skilled nursing facility. To qualify as an RCF 2, the facility must provide 24-hour accommodation, board, and care to at least three individuals. Each individual will need or is provided with diet supervision, help with personal care as well as assistance with medication. Typically, this involves assistance with diets, personal care (i.e. getting dressed, grooming, bathing, etc...) and the use of medication. All assistance with health care must be done under the direction of a licensed physician. Like an RCF 1 facility, all residents must be able to make a path to safety without assistance. However, unlike an RCF 1 facility, a license nursing home administrator is required at an RCF 2 facility.

Continue reading "What Are The Different Kinds Of Nursing Homes In Missouri?" »

My personal experience as a Missouri Nursing Home Lawyer is that far too many nursing home residents are overmedicated by those responsible for providing quality care. In my job I often meet with residents and their families in nursing homes. On some of those occasions, the residents simply could not wake up. Their eyes fluttered as though they were struggling to wake up and participate in the conversation happening around them. Sadly, the government has determined that my experience is not unique.

The U.S. Department of Health and Senior Services recently prepared a report entitled Medicare Atypical Antipsychotic Drug Claims For Elderly Nursing Home Residents that found that too many nursing home institutions failed to comply with regulations designed to prevent overmedication. It is well known that prescribing antipsychotic medication to elderly residents with dementia is potentially lethal, yet 88% of these individuals receive such prescriptions.

Family members must make certain that they know what medications their loved one is receiving. They must educate themselves on the medications and the proper dosages. They must regularly ask questions of the caregivers and insist upon answers. Family members must know what the possible side effects are and should closely monitor their loved one for any signs of side effects.

Why would a nursing home overmedicate a resident? First, to be fair to the nursing home industry, many times the overmedication is completely unintentional. Elderly residents are more much more susceptible to overmedication than are younger people. The second reason is an indictment of the nursing home industry. Overmedicated residents do complain and are, therefore, easier to care for with a reduced staff. Residents who ask to be taken to the restroom, or who need more water or need help walking down the hallway often require assistance from staff members. When a nursing home operates on reduced staff (as most nursing homes do) drugged residents are easier to manage than those who are alert and active.

If you are concerned about the care your loved one is receiving in a nursing home, call our St. Louis personal injury lawyer David Terry for a free consultation at 1-888-317-2525.

A wheelchair-bound Chicago, Illinois nursing home resident died after accidentally lighting himself on fire while smoking.

The 62 year-old resident of a Rogers Park nursing home was sitting at an outdoor patio around 8:50 a.m. when he lit his cigarette. He placed his lighter in his pocket and was smoking when his clothes ignited. The man and another resident tried extinguishing the fire, but it took a fire extinguisher to douse the blaze. The man, suffering first and second degree burns, was rushed to St. Francis Hospital in serious/critical condition. He was transferred to Loyola University Hospital, where he died around 4:56 p.m.

For their own safety, federal regulations require nursing homes to provide adequate supervision and assistance for nursing home residents who smoke. While we don't know if this gentleman was provided with the appropriate supervision and assistance, we do know that the consequences of his accident cost him his life. If you have a loved one or friend in a nursing home who smokes or is facing nursing home placement, consider these questions:

• What are the facility's smoking policies? What type of assistance/supervision is provided? If a resident refuses to comply with smoking policies, what are the repercussions?
• Are there designated smoking areas with ashtrays and smoking aprons? Are fire extinguishers located close by and is facility staff properly trained to use same?
• Are cigarettes, lighters, and other smoking devices accessible by the staff only? If not, where is the smoking paraphernlia stored?
• What is the proper procedure to call for help in case of fire? Is there a call system located outside?
• Is the facility equipped with sprinklers and fire detectors?
• Are fire evacuation procedures clearly posted?
• Is there a "no smoking indoors" policy strictly enforced by the staff?
• Are residents in smoking areas supervised by facility staff?

Illinois Nursing Home Abuse and Neglect Lawyer David Terry has over seventeen years experience in assisting and protecting vulnerable nursing home residents. If you or a loved one has experienced abuse or neglect at the hands of nursing home staff or residents, contact David Terry at 1-888-317-2525 to discuss your options. The initial consultation is free and there is no obligation to you.

The owners of Whispering Oaks, a defunct St. Louis County residential care facility, are in the news again. The St. Louis County Health Department forced the closure of the facility due to lack of running water in January 2010.

Whispering Oaks is owned by Naren Chaganti, a St. Louis attorney. Reportedly, federal agents have been investigating Chaganti for possible health care fraud at his now-closed facility. Published reports say that federal investigators have asked a judge to order Chaganti to comply with subpoenas requesting him to turn over business and banking documents related to the criminal investigation. Records pertaining to work performed by his brother, psychiatrist Dr. Surendra Chaganti, at the now defunct residential care facility are also sought.

The investigation could result in Chaganti facing charges of making false statements to the federal government, perpetrating a fraudulent health care scheme, and conspiracy.

Chaganti claims he is being targeted due to his Indian heritage and claims the government is investigating him because it would help former assistant U.S. attorney Kevin O'Malley, who is a member of the state healing arts board.

Chaganti's brother, Dr. Surendra Chaganti, has not been without his share of problems. Surendra Chaganti faced charges before the Board of Healing Arts alleging that he provided substandard care to a patient who died at St. Anthony's Hospital, ignored a pediatric patient, and prescribed psychiatric medications inappropriately at St. Anthony's in 2001 and 2002. Surendra Chaganti denied the allegations.

A settlement was reached in 2007 that allowed Surendra Chaganti to resign from St. Anthony's.

An Illinois nursing home resident is blaming a Madison County, Illinois nursing home for a recent injury.

Blanche Hicks filed a lawsuit against Eden Retirement Center, Inc. on July 19, 2011, alleging that Eden Village was responsible for a fall she suffered in November 2010. According to the lawsuit, Hicks was left unattended in her room and, as a result, fell and broke her hip. She is seeking more than $50,000 in damages.

It is common knowledge that nursing home falls can cause serious injury, or even death, for frail nursing home residents. Nursing homes certainly can't prevent every single fall, but they are required to identify those residents that are at a high risk for falling and take measures necessary to make it as safe as possible for them. Two of the measures nursing homes should use more to prevent falls are as follows:

1. Care Plans - Care plans should be regularly updated so all employees know how to properly care for each resident.

2. Additional staff - The more staff members available to provide care, the less likely a resident is to fall.

If you or a loved one has suffered injury in a fall at a nursing home and are in need of legal advice, contact Illinois Nursing Home Attorney David Terry to schedule a free, no obligation consultation at 1-888-317-2525.

A Glen Carbon, Illinois nursing home resident filed a lawsuit alleging that a faulty furnace at the facility caused her to suffer a heat stroke.

The lawsuit, filed on July 1, 2011 against Eden Village Care Center and Cummings Heating & Cooling, Inc., alleges that the woman was found unconscious and near death in her room in May 2009 from exposure to extreme heat. She had been lying on the floor overnight in a room that registered a temperature of 110 degrees.

The lawsuit further alleges that the facility's furnace had previously had problems with a stuck heat sequencer and a broken control board.

Elderly individuals are very sensitive to weather extremes. We have all seen the public service announcement advising us to check on our older neighbors during periods of extreme heat. One would think that nursing home employees - who are supposedly ultra-sensitive to the needs of the elderly - would know better than to leave residents in rooms with excessive temperatures. Having been involved in a case several years ago where my client died of hyperthermia with a care body temperature of 109.7 degrees, I am particularly incensed by cases like this.

I wish the resident involved in this case a speedy recovery and good luck in her legal case.

If you or a loved one have suffered abuse or neglect at the hands of a nursing home and are in need of legal assistance, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry to schedule your FREE, no obligation consultation at 1-888-317-2525.

Is the death of an 86 year-old Illinois nursing home resident a homicide? Illinois police are investigating.

The female resident was initially believed to have fallen at Maryhaven Nursing and Rehabilitation Center in Glenview, Illinois, but nursing home officials have admitted that a fellow resident was believed to have been involved. According to a nursing home spokesman, Brian Crawford, "Within the past couple of weeks, an unfortunate incident occurred in a private room". The incident was reportedly an attack on the elderly woman by another resident in a an area of the facility caring for dementia residents.

The elderly woman was moved to hospice care at St. Francis Hospital, where she died on July 14. According to the Cook County Medical Examiner, she died from heart disease and brain injuries related to the assault.

If this unfortunate event involved resident on resident assault, it joins the long list of such actions in nursing homes. Certainly, we cannot comment on the specifics of this case because details have yet to be released but far too often patients with violent pasts or mental problems are allowed to reside with the general population of vulnerable elderly adults. In those instances, many nursing home residents become easy targets for the perpetrators.

If you believe you loved one's health or safety is at risk by another nursing home resident, do not hesitate to ask facility staff members to move your family member to a safer area.

Glenview, Illinois police continue to investigate the incident.

The Terry Law Firm routinely handles cases of nursing home abuse and neglect. If you suspect that a loved one or family member is experiencing abuse or neglect at the hands of another resident or nursing home staff, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry at 1-888-317-2525 to schedule your FREE no obligation consultation today!

A California class action lawsuit seeks to shed light on the lack of care given to nursing home residents by Golden Living Centers in California. The primary allegation is that Golden Living Centers systematically refused to follow the state mandated staffing regulations that require 3.2 hours of nursing care per patient per day. Rather, according to the allegations, Golden Living Centers staffed it's facilities at a lower per patient day amount resulting in neglected and injured residents.

Even though this is a California case, it has significant implications in Missouri as well. As a nursing home abuse lawyer I have handled several cases against Golden Living nursing homes and have seen first hand the lack of care that happens in these facilities. If the California case is successful, every single Golden Living facility will be under pressure to improve their staff to patient ratio, even in states like Missouri where there is no minimum staffing requirement.

Staffing is a key component in the care received by nursing home residents. I am regularly amazed at how many nursing homes refuse to admit that their staffing levels have a direct correlation to the number of injuries suffered by their residents. It doesn't take a rocket scientist to know that one CNA cannot provide adequate care for ten nursing home patients each of whom requires a substantial level of care.

Let's take a closer look at Missouri Golden Living Centers and how they compare with state and national averages with respect to staffing: According to statistics provided by Medicare, the national average for CNA care for nursing home residents is 2 hours and 24 minutes per patient per day. For Missouri nursing homes, that average is 2 hours and 30 minutes per patient per day. A review of some of the Golden Living Centers in Missouri shows few, if any, meet either the national or Missouri averages. Here is the staffing information for six Golden Living facilities in Missouri:

Golden Living Center - Bloomfield: 2 hours and 5 minutes of CNA care per patient per day.
Golden Living Center - Branson: 1 hour and 49 minutes of CNA care per patient per day.
Golden Living Center - Dexter: 2 hours and 23 minutes of CNA care per patient per day.
Golden Living Center - Pin Oaks: 1 hour and 50 minutes of CNA care per patient per day.
Golden Living Center - Westwood: 1 hour and 47 minutes of CNA care per patient per day.
Golden Living Center - Independence: 2 hours and 13 minutes of CNA care per patient per day.

Continue reading "Golden Living Centers Faces Class Action Lawsuit" »

An Alton, Illinois nursing home worker has been charged with criminal abuse or neglect of an elderly person and unlawful possession of a controlled substance.

The 41 year old employee of the Bethalto, Illinois nursing home, which remains unnamed, reportedly removed a Fentanyl pain patch from an 87 year old resident on Friday for her own personal use. Fentanyl, a powerful pain killer often administered through patches, is frequently used illicitly because it reportedly affects the body in ways similar to heroin.

According to the Madison County State's Attorney's Office, the nursing home staff reportedly noticed the absence of the woman's pain-killing patch and replaced it.

Sadly, this is an all too common story. Many nursing homes do little, if any, background searches on potential employees. Far too often, as a result, individuals with criminal backgrounds, drug problems, or worse are allowed to be in a close physical and often intimate, contact with vulnerable senior citizens. To make matters worse, nursing home staffing levels are often cut so deep that many employees have virtually no supervision.

If your loved on is in a nursing home, check them often, ask questions, insist on answers and be suspicious of every single employee. It is a sad, but true, fact of life.

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 staff and need advice, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry at (888) 317-2525 for a FREE, no obligation consultation.

A Cuba, Missouri nursing home bookkeeper faces multiple felony charges in connection with allegedly misappropriating money from nursing home residents.

The Cuba Manor former bookkeeper has been charged with five felony counts of abuse of a person receiving health care, two felony counts of forgery, and two felony counts of stealing by deceit after an investigation determined that she stole approximately $88,550.98 from nursing home residents between January 2, 2009 and October 24, 2010. She reportedly misappropriated the funds and forged signatures of facility residents and guardians.

She is charged with one Class B felony, which is punishable by up to 15 years in prison and eight Class C felonies, which can be punishable by up to seven years for each violation plus penalties and restitution.

An Arkansas CNA faces manslaughter charges after a resident under her care had unexplained burns on his body.

The CNA was arrested on Wednesday and charged with manslaughter in the death of a 65 year-old resident at Three Rivers Healthcare and Rehabilitation Center. The resident, who was paralyzed, was found unresponsive in his electric wheelchair at a cemetery located approximately one mile from the facility.

The man was transported to a local hospital and then taken to The Med in Memphis, Tennessee, where he died on June 4. An autopsy revealed that the man had severe burns on the lower half of his body.

According to the police investigation, the CNA had given the man a bath on June 4 in a whirlpool often used for residents confined to wheelchairs. The resident's body had areas that were unburned on his body that were consistent with straps used to keep him stable in the chair while bathing. According to the prosecuting attorney, "The medical examiner said his death was related to the burns. We found that the CNA was responsible for the bath. She didn't treat or dress the burns and she failed to notify anyone about the burns.

The CNA is set to enter a plea to the charges on July 25, 2011.

Elderly nursing home residents often have fragile skin. Subsequently, nursing home staff must employ all safety measures possible when bathing residents, especially paralyzed residents who are unable to feel extremes in temperature. It is the responsibility of the nursing home and its related corporate entities to ensure that facility staff are properly in-serviced on the sensitive job of bathing the elderly residents. Included in that training should be the appropriate temperature for bathing residents. Sadly, injuries such as this are not uncommon.

This injury could have and should have been avoided. Facility staff should be familiar with facility policies for proper bath water temperatures to insure that residents are not accidentally scalded. If policies and procedures fail to address appropriate temperatures, then staff should test the water before the elderly resident is bathed. If the water is hot to the point of being uncomfortable to their touch, then they know that it will be uncomfortable for the elderly resident.

TheTerry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you or a loved one has suffered injury at the hands of nursing home staff, contact David Terry at 1-888-317-2525 to schedule your FREE, no obligation consultation today.

An Illinois nursing home's Director of Nursing is dead following a drug overdose, according to published reports.

Forty-one year old James Scooler, the Director of Nursing for Timbercreek Rehab & Healthcare Center, died on April 1, 2011 at the facility. Scooler was found on his knees in a restroom near his office after facility employees noticed he was missing for approximately two hours. The deputy coroner pronounced him dead around 9:59 p.m. Upon examining the body, the deputy coroner found a syringe in Scooler's right sock filled with a Fentanyl patch and saline solution. The autopsy examination also revealed a Fentanyl patch wrapper in Scooler's left sock and fresh puncture wounds between Scooler's thigh and groin. Scooler reportedly died from a Fentanyl overdose after he took the medicine from a lock box used to temporarily hold prescriptions of patients whose medications have changed or who have died.

At the time of his death, Scooler was on probation with the Illinois Department of Professional Regulation for substance abuse. He had been suspended from May 25, 2007 through November 18, 2008 for "failure to abide by the terms of his care, counseling, and treatment agreement". He was restored to probationary status on November 18, 2008 for three years.

As troubling as Mr. Schooler's death is, it is equally troubling that Timbercreek Rehab & Healthcare was aware of Scooler's probationary status but reportedly did not drug test him because "it assumed the IDPR would be monitoring him". Not only did they refuse to drug test a person with known drug problems, they also put Scooler in charge of disposing the facility's narcotic medications. In my mind, this is equivalent to putting an alcoholic in charge of stocking a bar. At best, this was horrific judgment on the part of Timbercreek management and ownership. A file cabinet containing those drugs was found in Scooler's office with a padlock on it. Because the key could not be located, the lock was cut off and Pekin Police Detective Matt Damron found evidence that the medications were not being disposed of and some of the medications dated back to January 2011.

If you or a loved one has suffered abuse or neglect at the hands of an Illinois nursing home, contact David Terry at the Terry Law Firm at 314-878-9797 or 888-317-2525 to schedule your free no obligation consultation.

A recent review of information on Belleville, Illinois nursing homes found on the Medicare website is cause for concern. Illinois Nursing Home Abuse Attorney David Terry determined that of the six nursing homes located in Belleville, Illinois, four of them have been deemed one-star facilities, according to the rating system instituted by The Centers for Medicare and Medicaid Services, which does not leave much in the way of options for Belleville, Illinois residents requiring nursing home services. Today, David examines the rating of Helia Southbelt Healthcare, a 156 bed nursing home facility. The owner of this facility appears to own and operate a total of 11 nursing homes throughout the State of Illinois, five of which are known to be one-star facilities.

What is a 1-star facility? According to Medicare.gov, a 1-star facility represents a "much below average" nursing home. The Centers for Medicare and Medicaid Services bases its ratings on three components: Quality Measures, Nursing Home Staffing, and Health Inspections. Once the information is compiled, Medicare assesses the information and a rating is generated for a facility. Let's examine the performance of Helia Southbelt Healthcare and find out.

The one-star rating of Helia Southbelt Healthcare is not a surprise after reviewing information found on the Medicare.gov website. Surveyors found a whopping 24 violations at Helia Southbelt Healthcare during the survey period that ran from January 1, 2010 through March 31, 2011. It appears that the survey period of January 1, 2009 through December 31, 2009 was no better - surveyors found 24 violations. The survey reporting period of January 1, 2008 through December 31, 2008 only contained eight violations, which is the average number of violations for the State of Illinois annually. What went wrong?

Quality Measures is comprised of information reported by nursing home facilities on multiple areas, some of which include resident health, physical functioning, mental status, and general well-being. Helia Southbelt Healthcare earned four out of five stars in the area of Quality Measures. The chart below shows how Helia Southbelt fared in the area of Quality Measures.

Helia Southbelt

Most nursing homes are inspected annually. Prior to the annual inspection, the nursing home is required to provide its staffing hour information to the state reporting agency. This information is then converted into the number of staffing hours provided to each resident each day. In the area of Nursing Home Staffing, Helia Southbelt Healthcare did not fare well, earning only one out of five stars, which is considered much below average.

Continue reading "Illinois Nursing Home Attorney Examines Helia Southbelt Healthcare" »

It is sad to say that nursing home neglect is a problem throughout this country. Unfortunately, Springfield, Missouri is no exception. Having spent 11 years pursuing nursing home justice, I have begun to reviewing and commenting on public data available on nursing homes throughout the state.

Springfield Skilled Care Center is a 120 bed skilled care nursing home facility located in Springfield, Missouri. Reportedly, the facility is owned by Judah Bienstock. A for-profit facility, Springfield Skilled Care Center is rated as a one-star facility, according to the ratings system instituted by The Centers for Medicare and Medicaid, which places it in the "much-below average" range according to Medicare.gov. It appears that the one-star rating that Springfield Skilled Care Center was well-deserved.

For the complaint reporting period of December 1, 2009 through February 28, 2011, Springfield Skilled Care Center was assessed 17 deficiencies, some of which caused actual harm or placed residents in immediate jeopardy. The facility was cited for 11 deficiencies for the December 1, 2008 through November 30, 2009 reporting period and 5 deficiencies for the reporting period of December 1, 2007 through November 30, 2008. The average number of deficiencies in Missouri is 7. The trend for this facility is going the wrong way!

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. Springfield Skilled Care Center was cited in February 2010 for failing to keep each resident free from physical restraint unless absolutely necessary. It was also cited for failing to hire individuals who have no legal history of abusing, neglecting, or mistreating residents and/or failing to investigate any acts or reports of abuse, neglect or mistreatment of residents.

Missouri and federal laws also require that each resident receive care and services necessary to get or keep the highest quality of life possible. Springfield Skilled Care Center failed its residents in this respect on February 3, 2010 when nursing home inspectors found that residents were placed in an immediate jeopardy situation and at least one resident was actually harmed. Facility staff were also cited for failing to give professional services that met a professional standard of quality. Meeting this standard appears to be difficult for the staff at this facility because they have been cited for this same deficiency for each of the past three years. If you are considering placing your loved one at this facility, you should ask very pointed questions about how they are rectifying this long-standing problem.

Care Plans must be developed for each individual resident to meet the resident’s medical, nursing, and mental needs and the Care Plan needs to be routinely assessed and updated to reflect the resident’s ongoing needs. Investigators found that Springfield Skilled Care Center failed multiple times during the last three years to develop individual care plans that met the needs of each individual resident.

Continue reading "Missouri Nursing Home Attorney Examines Springfield Skilled Care Center " »

A Springfield, Missouri nursing home resident died Monday, May 9, 2011, after falling from a window at the Springfield Skilled Care Center.

Sadly, the body of eighty-one year old Mary Bebee was found by police around 6:15 a.m. in the backyard of the facility. Ms. Bebee, a two year resident of the facility, suffered from Alzheimer's disease and reportedly resided in an area of the facility that was equipped with two certified nursing assistants and one licensed nurse. She was last seen around 3:00 a.m. on Monday. Preliminary autopsy results found that Ms. Bebee died from a fractured neck.

The preliminary investigation into this tragic incident revealed that part of a window screen and edging around the screen had been pushed out of a window on the one-story building that sat approximately four feet above the ground. According to Springfield Police Cpl. Matt Brown, "It appears she crawled through the window." Brian Mattox, the facility Administrator, said, "That's the unusual part. We don't know how it happened." Springfield police and the Missouri Department of Health and Senior Services continue their investigations into this tragedy.

Our thoughts and prayers go out to the family of Ms. Bebee.

While we don't know the specifics in this case, it is not uncommon for nursing home residents suffering from Alzheimer's disease to become confused, wander and try to leave nursing home facilities. Nursing home residents suffering from Alzheimer's disease 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, windows or doors as well as the residents themselves.
• Exit doors and windows should be alarmed to notify staff when residents attempt to leave the facility.
• Using "Wanderguard" bracelets that sound an alarm if a resident passes a designated spot.

The Terry Law Firm is a St. Louis based law firm concentrating in all types of personal injury and wrongful death litigation. They are committed to protecting and vindicating the rights of people who are injured by the negligence of others. Please contact the firm at 314-878-9797 or visit www.TerryLawOffice.com for more information.

According to a new study, set to be published in the American Journal of Infection Control in May 2011, infections in nursing home residents, which is the cause of approximately 400,000 deaths in U.S. nursing homes annually, may be largely attributed to understaffing. Understaffing in nursing homes occurs when nursing home owners and operators elect to save money in their operations by employing and scheduling only the bare minimum of employees necessary according to federal regulations. This method of cost-cutting saves nursing home owners and operators millions of dollars nationwide each year.

The Centers for Medicare and Medicaid Services require all nursing homes nationwide to meet certain requirements to be considered eligible for Medicare or Medicaid reimbursement. Facilities that do not meet federal standard care criteria are assessed deficiency citations, also known as F-Tags. Researchers at the University of Pittsburgh's Graduate School of Public Health examined the criteria for The Centers for Medicare and Medicaid Services F-Tag 441, a deficiency citation governing infection control requirements, and gathered and analyzed data collected for Medicare/Medicaid certification from 2000 to 2007. The data analyzed involved approximately 16,000 nursing homes and approximately 100,000 "observations" annually, which is 96% of all nursing home facilities in the United States.

Through their study, researchers determined that infections and the deaths resulting from infections may largely be attributed to nursing home understaffing. According to study authors, "Our analysis may provide some clues as to the reason for the persistent infection control problems in nursing homes. Most significantly, the issue of staffing is very prominent in our findings; that is, nurse aides, LPNs and RNs, low staffing levels are associated with F-Tag 441 citations. With low staffing levels, these caregivers are likely hurried and may skimp on infection control measures, such as hand hygiene."

If you have a loved one in a nursing home, do not be shy about confronting administrators about staffing issues. Remember, no one wil ever love your family member as much as you, so you need to be persistent in making sure that there is sufficient staffing to help meet the needs of the one you love.

Residents at a Georgia nursing home facility suffered beatings, embezzlement, and medication theft at the hands of those entrusted to care for them. Over the past two months, three employees of Winterville Retirement Center have been arrested and charged with separate and unrelated crimes against the very people they were supposed to be caring for.

On February 22, 2011, Cynthia Ann Barrow, an employee of Winterville Retirement Center, reportedly punched an 82 year-old woman in the face because the resident had taken butter from a dining room food cart. The resident had a "knot the size of an egg" on the back of her head where she struck the food cart and the floor. She was treated at a local hospital and released. She died on March 19, 2011 and the Georgia Bureau of Investigation is investigating whether her head injuries contributed to her death. Barrow was charged with abuse of an elderly person.

Nine days after the resident's death, Shyniqua Buckles, another Winterville Retirement Center employee, allegedly stole more than 100 Xanax tablets that had been prescribed for the deceased resident. Police officers searched Buckles' home and found all but six of the stolen pills. Buckles was arrested and charged with fradulently obtaining a controlled substance.

Sherrye Huff, the facility Administrator, was recently charged with five felony charges - one count of misdemeanor theft, two counts of exploiting an elderly person, and three counts of theft - for her role in abusing the defenseless people left in her care. The investigation into Huff's activities began on April 27, 2011, after the son of an Alzheimer's resident complained that he received an arrears notice from the nursing home. The man had been making payments to Huff through social security and pension checks and was under the impression that Huff had been forwarding the payments to Assisted Living Concepts, the parent company of the facility. When confronted, Huff reportedly admitted that she cashed four of the checks for her own use and cashed a fifth check for another resident.

Continue reading "Georgia Nursing Home Residents Suffer Beatings, Embezzlement, and Medication Theft at the Hands of Facility Staff" »

The "prank" of two former employees of LaSalle Veterans Home has led to a lawsuit.

Thinking it would be a great practical joke on the following shift, facility employees Julie Payne and Cynthia Orlando reportedly thought it would be funny to insert a suppository into the rectum of a defenseless Alzheimer's resident on July 9, 2010. Orlando and Payne, a registered nurse and certified nurse's aide respectively, allegedly held down resident Kenneth Mahoney and inserted an unnecessary suppository into his rectum to produce a large bowel movement for the next nursing shift. After state police and the Illinois Department of Public Health investigated the incident, Payne and Orlando were charged with a Class A misdemeanor battery. The women face up to one year in jail and a $2,500 fine.

The family of Kenneth Mahoney filed a civil lawsuit against the women seeking in excess of $200,000. The suit reportedly accuses the women of inflicting emotional distress on Mahoney and alleges that Mahoney "has suffered and continues to suffer permanent injury". The suit further alleges that the Mahoney's nerves, nervous system, and mental faculties were severely injured and shocked from the incident and that he has become "sick, sore, lame, and disordered".

This is a disgusting and appalling case. In our opinion, these two employees should be facing far stiffer punishment than they are. There is nothing funny about assaulting anyone, much less an Alzheimer's patient who is among the more vulnerable people in our society. We wish the family of the resident well as they seek justice for their loved one.

Illinois Nursing Home Abuse Attorney David Terry is experienced in handling cases of nursing home abuse and neglect. If you suspect that a family member or friend is suffering abuse at the hands of "trusted" caregivers, contact the Terry Law Firm to schedule a free, no obligation consultation to investigate your options at 1-888-317-2525 or 314-878-9797.

A Minnesota nursing home is reportedly to blame for a resident's recent untimely death. According to a state Health Department investigation, Sunwood Good Samaritan Society of Redwood Falls, a nursing home facility located in western Minnesota, was negligent in the resident's November 1, 2010 death when its staff allegedly failed to act quickly when a resident's physical condition was unexpectedly deteriorated.

On October 31, the resident was eating dinner when she began coughing and gasping during dinner. Rather than call the woman's physician, a facility nurse faxed the doctor concerning the woman's difficulty breathing. No one responded to the fax or followed up the next day.

The next day, the woman continued to have trouble breathing, her appetite was poor, and she was lethargic. Later that night, the woman's condition worsened and her pulse was erratic and her breathing was more difficult. Her fingertips turned blue and she curled into a fetal positions. A facility nurse administered oxygen and gave her medication for pain. Faxes were again send to the doctor's office, beginning at 4:15 p.m. After the third fax, after 5:00 p.m., the woman's doctor finally responded.

At 5:15 p.m., facility staff called an ambulance for the woman but failed to indicate that it was an emergency. At 6:25 p.m., the same nurse called again for an ambulance, failing again to stress the emergent status of the resident. When the ambulance finally arrived at 6:30 p.m., the woman was in cardiac arrest and died just before 7:00 p.m. Her cause of death was cardio-respiratory failure.

The ensuing investigation into the facility's actions found that the facility failed to have formal processes in place for monitoring and reacting to significant changes in the resident's condition. The facility was ordered to take corrective action addressing the three deficiencies assessed in this case and staff were trained to:

- Call 911 - not sheriff's dispatch - for ambulance requests.

- Respond to "significant changes in condition" of residents appropriately.

- Implement systems for proper physician notification in emergent situations.

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

In yesterday's blog entry, we looked at several areas of concern Missouri investigators had with Golden Living Center - Westwood. Today, we continue with our analysis of the recent citations received by this Clinton, Missouri facility.

Most nursing home residents take a variety of medications. When we place our loved ones in a nursing home facility, we trust them to give residents the right medications, at the right time, and in the correct dosage. A medication error can have catastrophic consequences. State and federal regulations require that all nursing homes keep their medication error rate under 5% (which, in my opinion, is far too generous of an error rate). In June 2010, Golden LivingCenter - Westwood received a state regulatory citation for failing to keep their medication error rate under 5%. So, imagine that your loved one is a resident of a facility that can only get the correct medication to the correct resident less than 95% of the time. Would you fly an airplane if you knew that it had less than a 95% chance of a safe landing?

Most nursing home facilities must be administered in such a way that it benefits its residents. Inspectors cited Golden LivingCenter - Westwood in 2008 and 2009 in the area of Administration when facility staff failed to follow all laws and professional standards and when staff failed to ensure that nurse aides had the appropriate skills to care for residents.

Although this facility received a mininum number of citations in the area of Health Inspections, Golden LivingCenter - Westwood still was assessed a three-star, or average, rating. In reviewing the other areas reviewed by nursing home inspectors, it appears that the main problem for this facility is with their staffing levels. Nursing home staffing is often the first area sacrificed by facility owners in an effort to save money. Frequently, to cut costs and save money, nursing home owners and operators employ and use the bare minimum number of employees. In the case of this facility, Medicare.gov determined that its staffing levels merited a rating of only one out of four stars, or much below average, in the area of staffing. The following chart provides information pertaining to the total number of care minutes averaged nationally, in Missouri, and at Golden LivingCenter - Westwood:

As you can see, the highlighted areas show that residents of Golden LivingCenter - Westwood are receiving substantially less staffing care in nearly every area per patient per day than the average resident in Missouri and throughout the country.

Continue reading "Is Golden Living Providing Quality Care? Missouri Nursing Home Abuse Lawyer Looks At Golden LivingCenter - Westwood, Part 2" »