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 woman who was communicative and able to walk with the assistance of a walker when she entered a West Virginia nursing home was dead just three weeks later after suffering unimaginable neglect, according to a lawsuit that resulted in a $91.5 million dollar verdict. The jury determined that the Manor Care facility failed to feed and care for the resident causing her to die from dehydration shortly after leaving the facility.

According to staff members who testified, the facility was so grossly understaffed that it was impossible to properly take care of the residents. Sadly, far too many nursing homes are understaffed. However, the issue of understaffed nursing homes is rarely discussed in public. Only when a jury that hears the facts and registers their outrage in the form of a substantial verdict is the issue of nursing home staffing shortages discussed. Unfortunately, too many people will attack the jury rather than the underlying problem of nursing home companies refusing to provide proper care for their residents.

If you have a family member in a Missouri nursing home and believe that they are not receiving the care they deserve, be sure to check the staffing levels. Far too often, elderly residents are left to fend for themselves because of too few staff members. As a result, many residents develop bedsores and suffer from malnutrition and dehydration. There is a clear link between the lack of staff members and poor care.

To obtain legal advice about what you should do if you suspect your loved one is suffering in a nursing home, contact Missouri Nursing Home Negligence Lawyer David Terry to schedule a consultation. Call us toll free at 1-888-317-2525.

Eighty-nine year old Wilbur Jackson went to Grinnell's Friendship Manor Care Center for rehabilitation after hip surgery. He was at the facility a mere 17 days before he sustained an injury that led to his untimely death.

In June 2009, Jackson was to be transported to a local hospital for testing. Midwest Ambulance Service of Iowa came to the facility and strapped Jackson to a gurney and began wheeling him to the facility's driveway, where the ambulance was parked. At that point, Jackson was fully alert and joking with facility staff.

As the gurney was leaving the facility, one of the gurney wheels dropped into a crack on the sidewalk, flipping the gurney. Jackson's head hit the pavement. He lapsed into a coma and never regained consciousness. He died on July 5, 2009.

Jackson's family sued the company that owns and manages Friendship Manor and Midwest Ambulance. According to the deposition of Richard Achenbach, the facility Administrator at the time of Jackson's accident, he repaired the cracks in the sidewalk after the accident; in fact, he ordered them repaired after examining the cracks the morning following the accident. According to Achenbach, "When I seen the crack like that, I considered it could be a safety issue."

A deposition of owner Tim Boyle revealed that Boyle did indeed know of about the sidewalk cracks and that the rebar used to reinforce the concrete was exposed and protruding through the cement. According to Boyle, "Although the rebar was exposed...it did not stick up far enough to be hazardous."

Last week, a jury found the facility to be 90% at fault and Midwest Ambulance to be 10% at fault. Damages were assessed at $546,386, with a $491,747 judgment against the facility. Midwest Ambulance was ordered to pay $54,639. Additionally, after Jackson's death, Friendship Manor was fined $3,250 by the federal government.

Reportedly, Friendship Manor has a history of violations. In 2005, a facility employee was convicted of sexually abusing two residents. In 2008, the facility was fined $112,650 after Ruth Louden, a resident at the facility, had to have her legs amputated due to gangrene.

The family of former Manor Care - Hinsdale resident Delores Howorth filed a lawsuit against ManorCare Health Services-Hinsdale for the wrongful death of Ms. Howorth. In their lawsuit, the family claimed that the nursing home restrained Ms. Howorth improperly by misusing a wheelchair lap restraint, failed to keep her properly hydrated causing her to become severely dehydrated and failed to document significant changes in her condition.

Manor Care is a large nursing home chain that operates nursing homes throughout the United States. A variety of Manor Care facilities have been sued for a variety of negligent acts, including bed sores and other instances of neglect. ManorCare was purchased several years ago by the Carlyle Group, for $6.3 billion.

If you are concerned about the care a loved one of yours is receiving in a Manor Care facility, call our Illinois Nursing Home Abuse Attorney toll free at 1-888-317-2525 for a free consultation.

Arden Courts, a personal care home located in Louisville, Kentucky, was cited for the second time in less than six months for failing to properly care for its residents. On June 22, 2009, Arden Courts was hit with a "Type A" citation, the most serious citation available from the Cabinet for Health and Family Services, and faces a possible fine of up to $5,000.

The citation came after investigators determined that a resident was injured on June 12 in a fall at approximately 4:45 a.m. and did not receive medical attention despite her complaints of pain and informing staff that she believed she had broken a bone. No medical attention was provided until family members demanded that a doctor be called after they arrived in the afternoon and saw the resident's condition. The resident was taken to the emergency room and was treated for a pelvic fracture, low blood pressure, and a laceration on her elbow that required stitches. This resident was not to walk without a walker, however, no walker was with her when she was found on the hallway floor early that morning. This resident also required total assistance with bathing and other personal care tasks.

In addition to failing to seek medical treatment for the resident's injuries, investigators determined that the facility also failed to prevent accidents and ensure the safety of its residents. The citation also found that the facility was caring for residents requiring more assistance and services than the facility is licensed to provide.

This facility was also cited in February 2009 for failing to provide appropriate care for seven residents who suffered repeated falls. Two of those residents had developed bedsores and four residents had suffered significant weight loss. All seven residents needed more skilled care than Arden Courts could provide as a personal care home.

The Terry Law Firm is experienced in handling cases of elder abuse and neglect. Please contact us at (888) 317-2525 or visit our website at www.nursinghomejustice.com

Lora Washburn

Lora Washburn, a former activity coordinator at Montrose Health Center in Montrose, Iowa, saw a co-worker verbally abusing an elderly resident. The aide was refusing to allow the resident to use a wheelchair and "was telling her she was pathetic, that it was ridiculous, that she could walk, that she shouldn't ask for a wheelchair". The resident was crying and the aide further told her "There are people here in this facility that are crippled and they need wheelchairs and you're going to walk and you're going to get to the dining room right now or you're not going to eat dinner". Lora did what she is required by Iowa's mandatory-reporter law - she reported the abuse to the facility administrator, David Payne. Reportedly, Administator Payne did nothing. When a state inspector visited the home to investigate Ms. Washburn's allegations, the investigator spoke to nurse Tammy Hopp, who admits that she did not tell the inspector everything and downplayed the event to protect the facility.

Ms. Washburn was fired a few days after making the report. Her boss accused her of trying to intimidate a co-worker into giving state inspectors information about the alleged abuse. The co-worker who actually admitted that she downplayed her report to the state to protect the nursing home was rewarded. Her reward? She was promoted.

Ms. Washburn filed for unemployment and her unemployment benefits hearing led to the reopening of the abuse investigation.

In another Iowa incident, Janice Rardin was the Director of Nursing at The Evangelical Free Church Home in Boone, Iowa. She was terminated from her job after she filed two complaints of suspected abuse. The alleged abuser? The Administrator of the facility, Ron Honson.

Allegedly, a few weeks after Ms. Rardin filed the second complaint, she overheard Honson telling the facility's attorney that he wanted to fire Ms. Rardin for reporting him. The attorney allegedly told Honson to wait until later so her termination did not appear as retaliation. Three months later, Ms. Rardin was terminated for eavesdropping on the conversation.

So what is the lesson? Report abuse and get fired. Cover up abuse and get promoted.

The biggest reason people don't report suspected abuse is fear of retaliation. By complying with Iowa's mandatory-reporter law, caregivers face possible termination. By simply violating the seldom enforced mandatory-reporter law, caregivers only face a $65 fine and potential licensing sanctions if the case is prosecuted. In fact, in the past ten years, no Iowa caregivers have been convicted of violating the mandatory-reporter law, even though dozens of abuse cases have been catalogued. In 2003, state inspectors found that employees at Bethany Lutheran Home in Council Bluffs, Iowa were barricading residents in their rooms at night. One resident had been tied to a urine-soaked bed with a rolled up bed sheet. In 2004, Harmony House in Waterloo, Iowa was fined by the state for failing to report sexual abuse of a male resident by an employee. Several suspicious incidents were reported to supervisors, who failed to report the incidents. The aide admitted to having sex with the resident. In 2005, a Friendship Manor Care Center employee in Grinnell, Iowa was convicted of sexually abusing residents of the home. One employee said she had seen the employee sexually touch residents "repeatedly, almost every day I worked with her".

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (314) 317-2525 or visit us at www.nursinghomejustice.com.

Tabor Manor Care Center, located in Tabor, Iowa, faces a $3,000 fine from the Iowa Department of Inspections and Appeals for allowing a resident to sexually assault other residents.

The alleged attacker, who was finally moved to another care facility on October 13, 2008, had a history of alcohol abuse and was involved in five suspicious incidents in sixteen weeks.

In June 2008, a resident reported to facility staff that the man who lived in the room next to her had touched her breasts and genitals.

In July 2008, a facility staff member reported seeing the same man inside the room of a female resident fondling her.

In September 2008, a facility staff member reported seeing the man running from the room of another resident wearing only his underwear into his room across the hall. Finally, following this incident, the facility installed a laser-equipped alarm on the alleged attacker's door.

A few days after the installation of the alarm on the man's door, a resident complained that the man came into her room and grabbed her breast. He walked out of her room laughing when she threatened to hurt him.

In October 2008, a facility employee reported seeing a female resident leaving the man's room with her pants pulled down and fluid dripping down her leg. She told staff members that the man had hurt her. The Director of Nursing assessed the victim and while she believed some of the fluid near the victim's genitals was blood, she elected not to report the incident or report it to the woman's physician. The Director of Nursing finally told a physician about the incident three days later and the doctor elected not to examine the woman as "all the evidence would be washed away by now".

Following the fifth incident, the inspections department investigated and slapped the facility with the $3,000 fine.

Tabor Manor is not a stranger to problems. Earlier this year, the facility was cited for numerous problems, including not having a registered nurse on duty each day. Last year, the facility was fined $3,575 because of a resident's aggressive and threatening behavior.

The Terry Law Firm has handled numerous cases involving sexual assault in nursing homes. For more information, contact us at (314) 878-9797 or at info@terrylawoffice.com.

Timothy Patrick White, 46, has been charged with fifteen counts of rape and related charges in the sexual assault of a dying 70 year-old nursing home resident suffering from Alzheimer's disease and a brain tumor. Reportedly, White took the victim, who has less than six months to live, from the Manor Care Nursing Home in Philadelphia, Pennsylvania on July 22, 2008 and took her to a bar for rum and cokes and then to Cobbs Creek Park, where they drank beer until 5:30 a.m. When he returned the victim to the nursing home, nursing home staff noticed that the victim was not wearing any underwear and had bruises on her mouth, neck, and arms. White was not wearing a shirt and his pants were unbuttoned. He told facility staff that he was "a friend of hers" and drove away. The victim had no idea of what had happened due to her decreased mental capacity and was unable to give consent. At this point, it remains unclear as to how White was able to remove the victim from the facility. Nevertheless, DNA samples taken from White match DNA recovered from the victim.

Betty Wolfe was sent to Heartland of Charleston, a Manor Care, Inc. facility in Charleston, West Virgina, to receive physical therapy and recuperate from surgery. She wasn't supposed to die.

Ms. Wolfe was, by doctor's order, to be assisted to go to the restroom. Instead, the overworked staff insisted she wear diapers. When Ms. Wolfe tried to follow doctor's orders anyway, she fell. The fall led to her placement in a bed where it was difficult for her to get out. The nursing home staff did not change her diaper timely, sometimes making Betty lie in her own waste for hours on end. Several times, she was found wet from her neck to her feet. The constant saturation lead to infected pressure sores on her tailbone which the staff also failed to treat properly or timely.

Ms. Wolfe's family alleges the facility was frequently understaffed and experienced a 150% turnover rate among the nurses and staff. The workers who were there frequently often had to work double shifts. The employees were not properly trained and were overwhelmed with work. The defense counters that Ms. Wolfe "was on a downward slope" when she transferred to Heartland of Charleston. The defense also suggested that Ms. Wolfe had several long standing medical issues, such as high blood pressure, coronary artery disease, and chronic urinary tract infections.

This creates the question: do long standing medical issues give a facility a right not to provide quality of care and quality of life and basic poor care? To read more on this story, go to Trial Begins in Nursing Home Case