January 6, 2009

Nursing Home Social Workers - Are They Really Qualified?

Most people view nursing homes as a place to care for a resident's physical needs and provide safety. Often, the ailments of nursing home residents cause mental or emotional issues and nursing home social workers vital to nursing home residents to care for those needs. The social workers are to advocate for residents and monitor them for emotional issues, stress, and depression. Nursing home social workers are to help residents and their families transition between the facility and the hospital or hospice and assist with locating necessary resources for nursing home residents.

Interestingly, even with such important responsibility for residents, nursing home social workers are not held to any standardized qualifications. The federal standards for nursing home social workers are very low and state laws are inconsistent.

According to a recent study from the University of Iowa, only half of 1,071 nursing home social workers have a degree in social work and 20% do not have a four year degree. Two-thirds of the social workers surveyed do not belong to a professional organization that keeps them up to date on current nursing home social work issues, such as elder suicide and physical, emotional or financial abuse, and only 38% are licensed social workers.

Federal law requires homes with more than 120 beds to employ a full-time social worker. Most facilities do employ one, but devoting an appropriate amount of time to any one individual is nearly impossible. Federal guidelines indicate that one social worker can handle up to 120 residents. However, when asked, the majority of the survey panel indicated that fewer than 60 residents could be managed by one social worker.

Ten states do not address nursing home social worker qualifications and seven state codes do not comply with federal regulations. Twenty-one states require a social work degree and most others require a four year degree - but not necessarily in social work. Anyone with a bachelor's degree in any human service field and one year of supervised experience in the field is considered qualified. There are glaring loopholes in Colorado and Indiana. In Colorado, for-profit nursing homes in rural areas do not have to hire a qualified social worker if they advertise for a week in a local paper are unable to fill the position. In Indiana, social services can be provided by a member of the clergy who completes a 48 hour course and consults with a social worker.

Given the importance of social workers in the nursing home setting, one wonders if this is not an area that should be examined more closely.

January 6, 2009

For This Florida Nursing Home Employee, Work is a Day at the Beach

Linda%20Shaw.jpg Linda Shaw


On July 16, 2008, Linda Shaw was the sole caregiver for overnight care shift for sixteen residents of Personal Care II, an assisted living facility located in Bradenton, Florida. She was scheduled to work from 7:00 p.m. to 7:00 a.m. A maid at the facility told investigators that Shaw left the center to "go to the beach" and never returned. A facility resident advised that Shaw would frequently leave the facility when scheduled to work. While Shaw was gone, a 47 year old disabled woman suffered a heat stroke and seizures in her room. Her roommate found her on the floor unresponsive with her arms flailing above her head. The roommate called 911 and the resident was taken to the hospital in critical condition. Doctors determined that the resident's temperature was 106 degrees. The air-conditioning in the facility had been off for several days and the temperature in the resident's room was extremely hot.

Shaw said she left the facility at 7:30 p.m. to go home and get her medication and admitted she did not return.

Shaw was arrested and faces charges of neglect of a disabled adult. If convicted, Shaw faces up to five years in prison. Court records allegedly show that Shaw has a criminal history with a 1991 conviction for retail theft and a 1994 conviction for assault and battery.


January 5, 2009

Rockford, Illinois 2008 Nursing Home Report Card: Rockford Healthcare & Rehab Center

Rockford Healthcare & Rehab Center is a 97 bed nursing home facility located in Rockford, Illinois. The facility is rated as a one-star facility according to the new rating system instituted by The Centers for Medicare and Medicaid, which indicates a below-average facility in 2008.

Nursing home facilities are required by law to notify a resident's physician or legal representative of any change in a resident's condition or if an accident or injury has occurred. Rockford Healthcare and Rehab Center failed at least one of its residents in this respect in 2008. A resident had a Stage II pressure sore on the coccyx that was discovered on August 25, 2008. There were no treatment orders in the resident's file for the pressure sore. On September 8, 2008, the resident was observed lying on a soiled incontinence pad with the wound uncovered and no treatment in place. The resident's family had not been notified of the wound. As a result of the state investigation, the facility notified both the resident's physician and family on September 8, 2008. The facilty re-inserviced nurses and counseled nurse who failed to notify the resident's physician on both doctor and family notification procedures. Nurse charting, new orders, and resident changes are to reviewed Monday through Friday for three months.

All residents are entitled to be free from verbal, physical, sexual, or mental abuse, punishment, or involuntary seclusion. Rockford Healthcare and Rehab Center failed to prevent the abuse and injury of an impaired resident by a roommate with a history of physical aggression. The resident with a history of physical aggression broke off a control lever from a recliner and was hitting the resident on the head with the lever repetitively. The resident, who was on blood thinners, complained of head and hip pain and suffered multiple lacerations. As a result of the state investigation, the facility re-inserviced staff on abuse reporting policy and procedure and initiated a new admission acceptance form. The facility will review all available information on resident behavior before admission. Resident Care Plans were reviewed and updated to include abuse or potential to be abused. Resident behaviors must also be reviewed randomly for three months.

Rockford Healthcare and Rehab Center is legally obligated to develop and implement policies and procedures that prohibit mistreatment, neglect, and abuse of residents. The facility failed its residents by not providing nursing care to prevent physical harm and failing to follow facility policies and procedures. For example, a pressure sore was discovered on a resident at the end of August 2008. No treatment orders were in place in August or September 2008 for the pressure sore. Additionally, the same resident did not receive nutritional support to meet his physical needs. Rockford Healthcare and Rehab Center immediately assessed the affected resident and notified the resident's physician. Treatment was initiated immediately. The facility also instituted a policy that within 24 hours of admissions all new admissions will have their skin checked and tube feeders will be assessed. Facility staff were inserviced on skin assessment, physician notification, treatment of skin issues. and tube feed requirements. Quality Assurance will monitor all skin areas weekly and the Clinical Administrator will review all tube-fed residents monthly to ensure adequate nutrition.

Nursing home facilities are legally obligated not to employ individuals who have been found guilty of abusing, neglecting, or mistreating residents by a court of law or have a finding entered into the state nurse aide registry concerning abuse, mistreatment, or neglect. Rockford Healthcare & Rehab Center failed its residents when it failed to investigate bruises on a resident's arms and a foot fracture of unknown origin. The facility also failed to fully investigate a resident's allegations of being slapped and a report of staff stepping on her toes. The facility failed to interview the charge nurse and remove the accused staff from resident care until the investigation was completed. After the state intervened, the facility had to re-inservice staff on reporting bruises of unknown origin and abuse allegations to the administrator immediately so investigations could be completed. The facility will investigate thoroughly allegations of abuse.

Rockford Healthcare & Rehab Center residents have a right to receive services in the facility with reasonable accommodations of needs or preferences. The facility failed a new resident in this respect when it it failed to provide the new resident with a wheelchair appropriate for her needs. The resident was found sitting in her wheelchair, crying, and asking to lay down. She was slouched down in the chair and holding on to the arm rests for support. There were no foot rests on the wheelchair and the wheelchair was too small for her body. In fact, it was so small that the resident's thighs were indented by the sides of the wheelchair and the wheelchair armrests were pressing into the resident's waistline. When questioned by the state, the facility immediately removed the resident from the wheelchair and placed her into a new wheelchair that was better suited for her needs. All facility residents were reassessed for wheelchair and appliance appropriateness. Nurses were inserviced so that the problem would not occur again.

Care Plans are vital to a nursing home resident's well-being. Without an accurate Care Plan, the resident will not be able to achieve or maintain the highest practicable physical, mental, and psychosocial well-being. In one instance, an unsupervised resident performed "surgery" using a nail clippers on a foot callus to relieve the pressure on his foot. After this was discovered, the facility Clinical Administrator met with the resident and educated him on the risks and harm that occur from performing "surgery" on his foot. The facility has initiated a new behavior program for the resident.

All care received at Rockford Healthcare & Rehab Center must meet professional standards of quality. An insulin dependent resident was to have his blood sugar checked every morning at 6:00 a.m. The facility had eleven glucose monitoring errors in seventeen days on the same resident where the glucose was checked at the wrong time or was not checked at all. As a result of state involvement, the facility contacted the resident's physician and clarified the order. Facility licensed nurses were inserviced on blood glucose and medication errors.

Pressure sores can be a serious problem for bed-bound nursing home residents if they are unmonitored and not properly treated. If the resident's skin is not properly cared for, infection from the pressure sore can result in serious illness and possibly death. Like all nursing homes, Rockford Healthcare and Rehab Center is required to ensure that a resident entering the facility without pressure sores will not develop pressure sores. A resident with pressure sores is to receive the necessary treatment to promote healing, prevent infection, and prevent new sores from developing. The facility failed several residents when it failed to routinely assess resident skin conditions, identify new open areas, document skin conditions, and obtain treatment orders. Moreover, the facility failed to prevent a resident at low risk for skin breakdown from developing deep tissue injury and further skin breakdown. After the state survey, Rockford Healthcare and Rehab Center counseled nurses who failed to assess and follow up on residents affected with pressure sores. All residents were assessed and pressure relieving devices were provided as needed. The facility also re-inserviced all CNAs and nursing staff on pressure ulcer prevention and protocol.

Rockford Healthcare and Rehab Center is required to ensure that the environment remains as free of accident hazards as possible and that each resident receives adequate supervision and assistance to prevent accidents. The facility failed in this respect when staff failed to ensure that a fall-risk resident's chair alarm was turned on and operational. The resident fell forward in his wheelchair and he landed face first on the floor. The facility assessed the resident's chair alarm and found it to be faulty. The alarm was replaced. All other facility alarms were checked for working order and worn out batteries were replaced and/or replaced faulty alarms. After this resident's injury, facility staff were in-serviced on appropriate alarm usage.

Rockford Healthcare and Rehab Center must ensure that residents receive appropriate nutritional support if being tube-fed. The facility failed to ensure that its resident received the appropriate caloric intake through tube feeding. Rockford Healthcare and Rehab Center was forced to rectify this problem through a new care plan and the facility in-serviced its nurses on tube feed requirements.

The Terry Law Firm is experienced in nursing home cases involving abuse and/or neglect. Please contact us at (888) 317-2525 or through our website at www.nursinghomejustice.com.

January 5, 2009

Hawaii Nursing Home Abandons Resident at Local Hospital

Florence%20Ko%20and%20Maria%20Tseu.jpg Florence Ko and Maria Tseu


Florence Ko had no idea she was being evicted from Nu'uanu Hale, a Honolulu nursing home, or why. On Decemer 17, 2008 - only one week before Christmas, she returned from physical therapy and found her personal belongings piled on a gurney and people cleaning her room. Ko, who is 81 years old and confined to a wheelchair due to polio-related ailments, had nowhere to go. The nursing home apparently did not care - they dropped Ms. Ko off at Straub Clinic & Hospital's Emergency Room wearing only a hospital gown and left. She had less than $3 in her purse and had only a cell phone - without a charger. Her belongings were placed under a tarp outside the facility, where members of Ms. Ko's church retrieved them later.

Ms. Ko, who had been a resident of the facility since July 2007, was caught in the middle of a financial tug-of-war between the facility and Medicaid. While she received a regular income from Social Security and an annuity, the amount was not enough to cover her nursing home costs. Family members tried to get Medicaid to cover her long-term bills, but her application had been rejected twice. Her application for Medicaid was affected by her former home, which had been demolished in 2007. The property, valued at more than $1 million, remains in a family trust, but is deeded to Ms. Ko's daughter. Ms. Ko thought her financial situation was going to be resolved, but the caseworker assigned to her recently was laid off and apparently she fell through the bureaucratic cracks.

The facility alleges that Ms. Ko's family stopped paying the bill. The facility Administrator, Gayle Lau, said the facility was cooperating with investigators, but cautioned the Honolulu Advertiser about writing a story about the incident stating "It is one-sided at this point."

The Department of Human Services called the drop-off inappropriate and was referring the matter to the Department of Health, which is the licensing agency for Hawaiian nursing homes. Nu'uanu Hale received one out of five stars on the new rating system instituted by The Centers for Medicare and Medicaid, which is the poorest rating available.

January 5, 2009

Elder Abuse Unit Created to Protect Minnesota Elderly

Elderly residents in Ramsey County, Minnesota can rest easier now that Ramsey County has created its Elder Abuse Unit. The Elder Abuse Unit, which has been formed to prosecute people targeting the elderly, will consist of two attorneys in the County Attorney's Office. These attorneys will review all elder abuse cases for charging decisions and five attorneys will handle the trials. The Elder Abuse Unit will also assign victim/witness advocates to all cases and will work with adult protection departments, elder advocacy organizations, and victim organizations.

The Elder Abuse Unit will utilize existing resources in the Ramsey County Attorney's Office and will require no new funding.

January 4, 2009

Nashville, Tennessee 2008 Nursing Home Report: Lakeshore Heartland

Lakeshore Heartland is a 66 bed nursing home facility located in Nashville, Tennessee. This nursing home is rated as a three-star facility, according to The Centers for Medicare and Medicaid, which is considered average. The average number of health deficiencies in Tennessee is seven. Lakeshore Heartland has consistently averaged more than the average number of health deficiencies over the past three years. In 2005, the facility had 12 deficiencies. In 2006, the facility's deficiencies numbered 19 and for 2007, the facility had nine deficiencies.

All nursing home residents are to be kept free of physical restraints unless needed for medical treatment. Lakeshore Heartland failed its residents in this regard.

Nursing home facilities are to provide professional services that meet a professional standard of quality and follow each resident's Care Plan. Lakeshore Heartland has repeatedly failed to provide professional services meeting a professional standard of quality over the past three years. The facility has also failed to provide the proper treatment to prevent new bed sores and help heal existing bed sores on more than one occasion. In one instance, the State determined that the facility's failures had caused actual harm to a resident. The facility also failed to provide proper treatment to residents with feeding tubes. Lakeshore Heartland did not use a registered nurse for at least eight hours a day, seven days a week as required by federal law and failed to have enough nurses to care for every resident in a way that maximizes their well-being.

All facilities are required by law to develop a complete Care Plan within seven days of a resident's admission that meets each individual resident's needs. The Care Plan is to be developed with the care team and it should be updated frequently to address the changes in the resident's health. In the past two years, Lakeshore Heartland failed to adhere to this standard and also failed to do a new assessment after a major change in the resident's health.

Changes in any resident's health are to be reported to the resident, the resident's physician, legal representative, or family in a timely manner. The facility failed to do so and violated at least one resident's rights. The facility also failed to provide care in such a way that it builds each resident's dignity and self-respect.

Food in every nursing home is to be cooked, distributed, and stored in a safe and clean way. According to these state surveys, Lakeshore Heartland failed their residents in this respect.

It is imperative that the rate of medication errors in nursing home facilities is kept below 5%. Failure to accurately distribute medication can result in serious injury or death. Over the past three years, Lakeshore Heartland has consistently failed to meet this standard.

Nursing home facilities should be free from dangers that cause accidents. Lakeshore Heartland has failed its residents two out of the past three years on this standard. It has also failed to keep all essential equipment working safely and provide needed housekeeping and maintenance.

January 4, 2009

Sexual Assault at New York Nursing Home? The Investigation Continues

The New York State Department of Health is investigating a possible sexual assault at Shore Winds Nursing Home in Rochester, New York. The complaint came in right before Christmas and alleged that a nursing home worker had sexual contact with a resident. The New York State Department of Health found that the claim was serious enough to warrant further investigation.

The nursing home appears to be cooperating with the investigation. Over the last three years, Shore Winds allegedly has had 46 complaint investigations and been cited four times. It is rated as a two star facility under the new system instituted by The Centers for Medicaire and Medicaid.

The Terry Law Firm is experienced in handling nursing home sexual abuse or assault cases. For more information, call us directly at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com

January 3, 2009

Nashville, Tennessee 2008 Nursing Home Report Card: Greenhills Health and Rehabilitation Center

Greenhills Health and Rehabilitation Center is a 150 bed nursing home facility located in Nashville, Tennessee. This facility is rated as a one-star nursing home according to the new system instituted by the The Centers for Medicare and Medicaid, which is below average. While the average number of health deficiencies for the State of Tennessee is seven, this nursing home has consistently attained a higher and progressively worse deficiency rate. For the 2005 complaint reporting period, this facility had eighteen deficiencies. For the 2007 complaint reporting period, there were nineteen deficiencies and for the 2008 complaint reporting period, there were thirty-nine deficiencies.

All nursing home facilities are required by law not to hire people who have a history of abusing, neglecting, or mistreating residents and to report and investigate any acts or reports of abuse, neglect, or mistreatment. Greenhills Health and Rehabilitation Center failed its residents in this regard and actually caused its residents actual harm in the 2008 complaint reporting period.

Federal law requires that each resident at a nursing home facility must receive the necessary care and services to attain the highest well-being possible. These services must be provided in a professional manner and must follow each resident’s written care plan. This facility failed its residents in this regard and placed them in immediate jeopardy. Federal regulations define Immediate Jeopardy as a situation in which the [nursing home] provider's noncompliance with one or more requirements of participation has caused, or is likely to cause serious injury, harm, impairment, or death to a resident. Greenhills Health and Rehabilitation Center did not have enough nurses to care for every resident in an appropriate manner, did not ensure that residents unable to care for themselves received help with activities of daily living, and did not provide proper treatment to residents with feeding tubes to prevent problems. Residents were actually harmed or placed in immediate jeopardy when facility staff did not provide enough fluids to residents to keep them healthy and prevent dehydration, did not provide proper care for bed sores, and did not ensure that each resident entering the facility without a catheter did not receive one. The facility also failed to provide the appropriate treatment and services to residents who have mental or social problems adjusting.

All nursing home residents should have an accurate Care Plan in place and the Care Plan should be reviewed and revised regularly and upon a change in condition Obviously, without an accurate Care Plan, the facility is unable to meet the medical, nursing, and mental needs of its residents. Greenhills Health and Rehabilitation failed its residents in this respect when it consistently failed to develop a Care Plan within seven days of a resident’s admission with a care team or failed to update and check the Care Plan. The facility also failed to make sure all assessments were performed by a registered nurse and are signed by the person completing them.

All residents should be treated with respect and dignity. Greenhills Health and Rehabilitation failed to protect resident rights when it consistently failed to notify the appropriate individual of a resident injury or change in condition and provide care and services that met the needs and preferences of each resident and provided the care and services in such a way that the resident’s dignity and self-respect was maintained. This facility also failed to ensure that its residents were well nourished and that the residents’ food was stored, cooked, and distributed in a clean and safe way.

Greenhills Health and Rehabilitation failed its residents when it did not ensure that the rate of medication errors did not exceed 5% and when it did not ensure that residents taking medications were not given too many doses for too long or did not stop the medications when adverse effects appeared.

All nursing home residents have the right to a clean and safe facility. Greenhills Health and Rehabilitation has consistently failed to ensure that the nursing home area is free of dangers that cause accidents. It also failed to provide necessary housekeeping and maintenance, have enough backup water supply, and move, clean and store all linens in such a way that it prevented infection.

Greenhills Health and Rehabilitation has also been cited for administrative violations over the past two years. The facility has failed to be administered in such a way that the highest possible levels of well-being for each resident are achieved, failed to keep accurate medical records and complete dated lab records in resident files, ensure that nurse aides have the skills to care for residents, and choose a doctor to be the medical director. The facility also failed to set up and keep a group of people to review and ensure quality.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. For more information, call us directly at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

January 2, 2009

Sexual Assaults, Insect Attacks, and Overall Bad Care Shuts Down North Carolina Nursing Home

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Forest View Rehabilitation Center in Durham, North Carolina closed in November 2008 following investigations in August and September 2008 that revealed very serious hygiene, health, and safety violations.

In one instance, fire ants were found in a resident's room and approximately 150 fire ants were crawling on the resident's body, causing eight inch welts from his arm pit to his waist. The fire ants had built a mound outside by a dumpster and an ant trail led from the dumpster, past a smoking area, into the resident's room.

At least two mentally impaired residents were sexually assaulted by other "alert and oriented" residents, one of whom carried a sexually transmitted disease. One of the aggressors in the incident was transferred to another facility. The physician of the other aggressor wrote, "Because he is a danger to an incompetent female resident and other patients we can no longer safely care for him in a safe environment for all of our residents." Yet, the administrator of Forest View, John Walder, blamed the victim in this incident alleging that the victim, who had been diagnosed with psychosis and other mental disabilities and often acted out sexually, initiated the sex.

Many of the deficiencies cited by the State occurred because nursing home staff did not follow designated procedures, but the failure began at the top of the hierarchy. The Director of Nursing stated that she was "unaware" of many of the major violations at the facility. In one instance, she allegedly stated she didn't know there were no doctor's orders for catheters for several residents. In another instance, after investigators discovered that there had been no registered nurse on duty for more than a day (law requires a registered nurse on duty for at least eight consecutive hours daily), the Director of Nursing was quoted as saying "she did not think about registered nurse coverage for the day".

Other serious violations uncovered at the facility were repeated falls by residents, residents with painful pressure sores not given any painkillers to alleviate their discomfort, and urinary tract infections contracted from dirty catheters - in at least one instance, the catheter was washed with the same cloth used to wipe feces from a person's rectum.

Amazingly, there was only one instance of documented disciplinary action - on a van driver. The driver was suspended and formally disciplined after a resident using a power wheelchair tipped over in his wheelchair and was lodged against a window in the moving van after the chair had not been properly strapped down. The facility's transport service was discontinued.

The facility was home to approximately 100 residents with a variety of mental and physical disabilities ranging from Alzheimer's disease to kidney disease to multiple sclerosis. The residents were transferred to other facilities for care.

Forest View was owned by Durham Manor, L.L.C. but managed by Epic Group. The building will be sold.

To view various survey reports on this nursing home, go to:

April 2, 2008 Survey, Part I
April 2, 2008 Survey, Part II
May 8, 2008 Survey

January 2, 2009

Rockford, Illinois 2008 Nursing Home Report Card: Fairview Nursing Plaza

Fairview Nursing Plaza is a 213 bed nursing home facility located in Rockford, Illinois. This facility is rated as a one-star nursing home according to the new system instituted by The Centers for Medicare and Medicaid, which suggests a below average facility. While the average number of health deficiencies for the State of Illinois is eight, this nursing home has consistently attained a higher deficiency rate. For the 2006 complaint reporting period, this facility had ten deficiencies. For the 2007 complaint reporting period, there were nine deficiencies and for the 2008 complaint reporting period, there were thirteen deficiencies.

All nursing home facilities are required by law to develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of its residents and misappropriation of resident property. During this time period, Fairview Nursing Plaza failed its residents in this regard in 2008 and actually placed its residents in immediate jeopardy. The facility did not have a wound management system in place to ensure that nursing staff was knowledgeable in the assessment of pressure ulcers to be able to identify them in the early stages, identify potential deep tissue injury, and the signs and symptoms of wound infection. The facility staff failed to ensure wounds were evaluated for response to treatment, sources of pressure eliminated, and that treatment orders were carried out. No specific care plans were developed for wound prevention and treatment as identified and no evidence was found of nursing oversight and supervision to ensure standards of practice were met. In one instance, a resident’s left heel wound began to emit a foul smelling drainage and the facility continued with the same treatment and failed to re-evaluate the wound. Other residents had pressure sores that were improperly identified and some pressure sores were not measured. In another instance, there was no specific care plan for a resident with multiple pressure sores. Moreover, the facility had no treatment or monitoring system planned for this resident. Another resident with a Stage III pressure sore on his left hip was not given the physician-ordered dressing and the wound showed 90% yellow dead tissue and 10% black tissue. As a result of the state survey, the facility was required to perform a skin check on all residents and obtain treatment orders. Resident Care Plans were updated and the affected residents were evaluated by the Certified Wound Care Specialist, who began approved treatment. Facility staff was in-serviced on wound prevention, wound treatment, and protocols. All nursing home residents need comprehensive assessments periodically to update the resident’s goals and current status. In fact, appropriate Care Plans were not in place for the residents suffering from pressure sores.

It is vitally important that nursing home residents receive the correct medications at the correct time. At least two residents at this facility did not receive their medications because the facility had run out of the medications. Nurse managers and floor nurses audited all medication carts to ensure that medications for all residents were available. Nurses were in-serviced on the appropriate procedure for ordering as well as requesting refills.

While it is important for nursing home residents to receive the correct medications, it is equally important that residents do not take any unnecessary drugs. At this facility, a resident with a known history of substance abuse was abusing Fentanyl patches. Fentanyl patches are used for people experiencing chronic pain. Misuse of the patch can create a dangerous "high" that can also be deadly. The resident had been removing the patch before the scheduled day and claimed to have lost the patch several times. Additionally, one time the resident separated the patch and the gel pain medication had been removed. None of these events were reported to the resident’s physician. The resident was found on the floor, unresponsive, with no pulse or respirations. A post-mortem drug screen found a severe Fentanyl overdose had occurred. The Fentanyl patches were kept in the medication room in a box. After this resident's death, it was determined that at least one of the patches was missing and unaccounted for from the box. An investigation was immediately conducted surrounding the missing Fentanyl patch. It was determined that an agency nurse that had worked at the facility had misappropriated the medication and she was banned from the facility. All licensed nursing staff were in-serviced regarding the monitoring and documentation of residents who are prescribed duragesic patches for pain control and the facility’s requirement of shift-to-shift narcotic counts. An additional in-servicing was conducted concerning residents with known histories of substance abuse to prevent the manipulation of a narcotic analgesic patch and the requirement that a physician be notified if there is a patch missing or tampered with.

Any resident entering a nursing home facility without a catheter is to remain without a catheter unless absolutely necessary. Fairview Nursing Plaza failed to ensure the outflow of urine was not hindered by kinked or twisted urinary catheter tubing and that the collection bag for a resident prone to urinary tract infections was not lying on the floor. The facility provided the resident with a clip so that the bag can be maintained on his bed appropriately. All residents who use catheters were inspected for proper placement of bags and tubing. Nursing staff was in-serviced on proper positioning of foley bags and tubing for residents in wheelchairs and beds and the complications that can occur if not properly maintained.

The nursing home environment should be free of any accident hazards and all residents should receive the appropriate supervision and assistive devices to prevent accidents. The Fairview Nursing Plaza also failed its residents in this regard. One resident did not receive the appropriate supervision to prevent him from removing a hot dog from another resident’s tray. This resulted in the resident choking on the hot dog and CPR had to be initiated after the resident stopped breathing. The resident was revived through CPR and transferred to the Emergency Room. Another resident fell from her wheelchair while trying to put her slipper on. The resident was improperly secured in her wheelchair with a lap belt and her fall resulted in bleeding from her nose and lip and a forehead hematoma. As a result of these failures, residents with an increased risk of choking or aspiration were provided green wristbands to wear to help identify them and were placed at tables in the front of the dining room and monitored by a staff member to ensure safety during meals. Nursing staff were in-serviced on the “Green Band” as well as signs of choking. Nursing staff were also in-serviced on restraint use.

In a separate instance, the facility failed to identify a resident’s risk for head injuries. A resident with difficulty ambulating fell a total of seven times in three months. The final fall resulted in the resident striking his head on a brick wall. He was transferred to the emergency room, where he was found to have a right-sided subdural hematoma that required an emergency craniotomy.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. For more information, call us directly at 1 (888) 317-2525 or visit our website at nursinghomejustice.com.

January 1, 2009

Tragic Truths About Tennessee Nursing Homes

Tennessee nursing homes did not fare well under the new rating system instituted by The Centers for Medicare and Medicaid. Tennessee ranks third worst in the nation in ratings and 30% of its nursing homes received a one star rating - the worst possible. Only the states of Louisiana and Georgia ranked lower than Tennessee in ratings.

Ratings are based on state inspections, staffing levels, and quality measures, such as percentage of residents suffering from pressure sores, urinary tract infections, etc. and ratings are based on as much as three years of accumulated information.

Forty-one percent of Tennessee nursing homes had the lowest possible score in staffing levels and twenty-five percent of nursing homes ranked much below average in quality of care.

Tennessee has had a history of an unprecedented number of nursing home complaints. In 2007, the state conducted 3,035 complaint surveys. For the 2008 survey period from January to early October, that number significantly jumped to 3,694.

January 1, 2009

"I Will Fire You.": New Mexico Administrator's Last Words

The residents of Rosemont Assisted Living Community of Santa Fe seemed to be having a high number of resident falls. A high-number of patient falls tends to indicate that facility residents should not be in the assisted living facility, but rather in a nursing home. Long-Term Care Ombudsman Sondra Everhart tried to discuss her concerns with the facility's executive director, Charles "Joe" Massey, and the Director of Nursing, with no positive results. Massey didn't want to hear about it. Everhart said, "He didn't want us in the building. He didn't want an independent advocate, which is what we are." Massey allegedly told his staff "if you talk to the ombudsman, I will fire you".

Concerned, Everhart contacted the facility owners via mail and the company immediately fired Massey and the head of nursing. Facility staff members were then retrained and all residents were assessed to ensure they were in the right facility.