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?" »

"I wish I had known what to do when I suspected abuse." As an Rockford nursing home negligence lawyer, this is just one of the many statements I hear when I meet with families members of a nursing home resident. Too often, those meetings take place after their loved one's funeral. There are way too many nursing home residents who are suffering from neglect and abuse at Illinois nursing homes. Many family members don't know how to look for abuse or neglect. Rarely, do family members know the signs and symptoms of malnutrition or dehydration. Sons don't feel comfortable checking their mothers for bedsores. And no one wants to believe that nursing home residents are commonly targes for sexual abuse by nursing home employees. Too often families are concerned about complaining too much for fear that their loved one will suffer retaliation by an overworked and underpaid staff.

After hearing so many of these concerns and answering many of the same questions, Rockford personal injury lawyer David Terry decided to write a book that is designed to help family members before and after their loved one becomes a nursing home resident. 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois is an easy to read book that will help family members as they face one of the most difficult decisions they will face. You will receive guidance on:

* What to look for when deciding the best nursing home for your loved one;

* What to do when you suspect abuse or neglect of your loved one;

* Key signs that abuse or neglect has occurred.

I also go into great detail about the business model many nursing home companies now use which is designed solely for the financial benefit of the owners. Nursing home owners will tell you that their number one priority is providing quality care for their residents. However, when you look at their corporate structure, you will see that they have created multiple corporate entities designed to take money from the nursing home (that could be used for patient care) and into the bank account of the owners. Many of these owners then claim that they do not have enough money to purchase liability insurance.

If you would like a FREE copy of 5 Things You Must Know About Nursing Home Abuse And Neglect In Illinois simply call the Terry Law Firm at 1-888-317-2525 or visit one of our websites: www.IllinoisNursingHomeAbuseBook.com.

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 June 16, 2011 survey of Golden Living Center - Branson in Branson, Missouri resulted in a citation by the state of Missouri. According to the survey facility employees failed one particular resident on multiple occasions and in several different areas:

Specifically, Golden Living Center - Branson employees:
1. FAILED to transcribe an order from the resident's physician about the treatment they were to provide for the resident's surgical wound;
2. FAILED to provide care and services that were ordered by a resident's physician;
3. FAILED to failed to provide any treatment for the resident's surgical wounds during this three day period;
4. FAILED to change the resident's bandages for three days;
5. FAILED to obtain any treatment orders for multiple other areas of skin impairment on this resident;
6. FAILED to perform and/or document daily observations of the resident's surgical wounds;
7. FAILED to perform and/or documents weekly assessments of the resident's surgical wound and other areas of skin impairment;
8. FAILED to update the resident's physician on the resident's skin impairment for the entirety of the resident's stay at the facility; and
9. FAILED to complete a skin assessment for the physician upon the resident's return visit.

As a Branson personal injury lawyer I have seen far too many cases of nursing home neglect that result in serious injury or death to elderly nursing home residents. Oftentimes, the nursing homes involved are facilities designated as one star facilities by Medicare. A one star facility is defined by Medicare as a "much below average" facility. As late as this writing, Golden Living Center - Branson has received the dubious distinction of beling labeled a "much below average" nursing home facility by Medicare.gov.

Sadly, Golden Living Center - Branson is also no stranger to receiving multiple citations during state investigations. In August of last year, this facility was hit with a 142 page survey that identified numerous violations.

Branson nursing home residents deserve to receive quality care. If you have a family member in a Branson area nursing home and are concerned about the care they are receiving, you should know your rights. Call an attorney experienced in nursing home negligence at 1-888-317-2525 or visit our website at www.NursingHomeJustice.com.

What does a stage collapse at an Indiana fair have to do with nursing home abuse in Missouri? Read on.....

When a stage collapsed at the Indiana State Fair last month, seven people lost their lives. The reason why the stage collapsed may still be a matter of speculation and will, no doubt, be discussed at length as this legal case proceeds. However, a recent article referenced that the legal case will challenge the $5 million damage cap currently in place in Indiana. Apparently the Indiana legislature passed a law that limits the state's liability to $5 million for injuries arising out of a single event. The State of Indiana will argue that it has no liability to those injured and killed beyond the statutory damages cap.

This article got me to thinking not only about how arbitrary and unfair that damages cap is, but also the damages caps that affect Missouri Nursing Home Abuse cases. If a Missouri nursing home neglects a resident to the point that the person dies, the family of that individual is faced with a $350,000 cap on non-economic damages, also known as pain and suffering. It doesn't matter how egregious the care (or lack of care) was, the cap provides an artificial limit on the damages available. Keep in mind that if the resident incurred substantial medical bills associated with the neglect he suffered, those bills may very well have to be paid back out of the amount awarded to the resident and/or his family.

Continue reading "A Stage Collapse In Indiana And Nursing Home Abuse In Missouri -- The Similarities" »

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" »

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" »

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" »

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" »

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" »

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.

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" »

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

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

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

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

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

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

Officials at Golden LivingCenter - Walnut Creek, a nursing home in Pennsylvania, are taking aggressive action after a resident was diagnosed with Legionnaires' Disease last week.

According to Leonard Quimby, the Director of Operations for the facility, Legionella bacteria was found in the facility's water. Building disinfection began with hot water being flushed into the facility's pipes throughout the building and bottled water is being distributed to residents.

Legionella bacteria grows well in warm water, such as water found in hot tubs, cooling towers, and large plumbing systems. Those contracting Legionnaires' Disease often get it by breathing in droplets of water or water mist. Legionnaires' Disease is not transmitted through direct contact. Symptoms usually begin two to fourteen days after exposure.

Legionnaires' Disease is a form of pneumonia, so it can be hard to diagnose at first. Signs of the disease can include a cough, high fever, and chills. Some victims may also suffer from muscle aches and headaches. Chest X-rays are needed to find the pneumonia caused by the bacteria, and other tests can be done on sputum (phlegm), as well as blood or urine to find evidence of the bacteria in the body.

Gary Dettlinger

A convicted child rapist sexually assaulted a vulnerable eight-six year old dementia resident at Golden Living Center in Oakmont, Pennsylvania.

Sixty-five year old Gary Dettlinger reportedly found was on a common area couch with his victim by someone who walked in on the sexual assault. His victim has been hospitalized. Dettlinger, also a resident of Golden Living Center, admitted to sexually assaulting the woman.

According to Golden Living Center staff, they were aware of Dettlinger's 1993 child rape conviction and his registration as a sex offender. Reportedly, facility management increased monitoring and protective custody of Dettlinger while he was a resident at the facility.

Dettlingter remains in the Allegheny County Jail.

While the Terry Law Firm is not involved in this case, we have successfully represented nursing home residents who have been victims of sexual assault and physical assault. For help, call (888) 317-2525.

A fifth Minnesota nursing home resident has been burned by a portable heater. In all five instances, the nursing home facility was found to be negligent by the State of Minnesota.

In January 2010, a hospice resident at Benedictine Health Center in Duluth, Minnesota suffered second degree burns after the calf of her leg rested on the heating element of a portable heater. The resident died that day, but her death was not attributed to her wounds.

Also in January 2010, a resident at Redeemer Health and Rehab, a nursing home facility in Minneapolis, Minnesota, was burned after physically contacting a radiator. He was taken to the hospital with second and third degree burns and died approximately four weeks later.

In December 2009, a Gracepointe Cross Gables West nursing home resident burned three fingers on a heat register located one inch from his bed,

In January 2009, a Alzheimer's resident at Golden Living Center - Meadow Lane suffered first and second degree burns after lying on top of a radiator at the facility. She died nine days later, but her death was not attributed to her injuries.

In November 2009, a dementia resident at Emmanuel Nursing Home in Litchfield, Minnesota was discovered with her leg hanging over the edge of her bed. The leg had contacted electric heat register and the blisters on her left foot "nearly doubled the height of the foot".

Redeemer Health and Rehab has been blamed for recent injuries a resident suffered that resulted in his death.

The facility, located in Minneapolis, Minnesota, was found negligent by state investigators because the resident, who suffered from a traumatic brain injury and dementia, was known to wedge his feet between his bed and the radiator and because the radiator cover had become loose. The resident suffered second and third degree burns on his legs and feet from a radiator heater that was uncovered and located directly below his bed. In fact, one of the resident's feet "appeared to be burned down to the bone" by the heater. The resident was rushed to a hospital, where he died approximately four weeks later. Facility employees reported that the resident had placed his feet in the same location on previous occasions and that the heater cover would regularly come off and have to be repaired by maintenance staff.

An inspection of the facility two weeks after the incident found ten beds within 20 inches of the radiators. Approximately six residents in those beds were considered fall and potential burn risks. The radiator surface registered temperatures ranging between 85 and 119 degrees.

Sadly, this is the second Minnesota nursing home cited for resident neglect involving radiators. In January 2010, a Golden Living Center - Meadow Lane resident was found sprawled over a radiator next to her bed. She suffered first and second degree burns on her left arm, hand, and leg and died approximately nine days later.

Ismael Golden is wanted by the police on a misdemeanor warrant for sexual battery on a nursing home resident and by the Medicaid Fraud Unit.

Golden, 29, allegedly molested a 55 year-old male nursing home resident suffering from stroke, paralysis, depression, and heart failure on or about February 16, 2009 at the Golden Living Centers in Merrillville, Indiana. He was charged on March 16, 2009, but was never arrested.

In mid-August 2009, Indiana Attorney General Greg Zoeller issued subpoenas to local health providers to determine if any facility may have hired him. Allegedly, Golden was known to have used aliases in the past.

To date, Golden cannot be located and a warrant for his arrest has been issued.

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