Nursing Home Abuse Lawyer Blog

Citing that the power to make medical decision is different from the ability to settle disputes via private system, the Colorado Supreme Court invalidated nursing home arbitration agreements signed by healthcare proxies. The decision was handed down in Lujan v. Life Care Centers of America.

In this case, Estella Lujan was admitted to a Life Care Center in Colorado after her son signed admission paperwork and the arbitration agreement. Three days later, Ms. Lujan died. Her family filed a wrongful death lawsuit against the facility alleging that her death was due to negligence. Life Care Center filed a motion to dismiss stating that the lawsuit should be dismissed due to the signed arbitration agreement.

Since the Colorado Supreme Court ruled against nursing home arbitration agreements signed by healthcare proxies, the Lujan case will continue its procession through the court process and will eventually proceed to trial.

Parkmoore Village Healthcare Center has been sued for allegations of elder abuse.

Paul Johnson cares for his friend, Bill Starkey, and has beeing doing so for at least a year. A few months ago, Mr. Johnson noticed that Mr. Starkey's room smelled like urine, that the call light was on the floor, and Mr. Starkey would not be receiving oxygen as required. When management was confronted about the unsatisfactory conditions, Mr. Johnson was told that they were short-handed and getting a new staff.

On September 14, 2009, Bill Starkey pulled out his catheter and the facility reportedly did not notify Mr. Johnson or a physician. Starkey was sent to the hospital, where he required a blood transfusion to save his life.

Starkey has since been removed from Parkmoor Village and Johnson has filed a lawsuit on behalf of Mr. Starkey alleging elder abuse and insurance fraud.

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 visit us on our website at www.nursinghomejustice.com.

Markinious Ketrell Hartfield

The entire United States nursing home population could be at risk in a new nursing home scam. Colorado has been the most recent target where male thieves dressing as female nurses and entering nursing home and senior living facilities.

The men enter the facilities wearing medical scrubs and then proceed to enter resident rooms and apartments while the residents are eating meals or participating in facility activities. They take the resident's credit cards, which are used at large retail businesses, such as Wal-Mart and Kmart. The thieves have struck at least twenty times since May 2009 and have run up charges on the stolen credit cards estimated betweeen $50,000 to $100,000.

The scam has been seen in Louisiana, Texas, Alabama, Georgia, and Kansas and could possibly be connected to a nationwide crime ring that began operating in April 2009.

The Colorado police have focused on and identified two possible subjects. The first man is Markinious Ketrell Hartfield, who was arrested in Colorado Springs in mid-September and bonded out. Hartfield was convicted in Louisiana in 2006 of crimes similar in nature. The second suspect is a man between 20 and 30 years old of slight build.

Erinn Hubbard, a nurse's aide at Larchwood Inns nursing home in Grand Junction, Colorado, was arrested on charges of third-degree assault of an at-risk victim and neglect of an at-risk victim. Hubbard allegedly put a pillow over the face of a woman with multiple sclerosis to silence her. Her actions were witnessed by another nurse's aide at the facility.

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 visit us on our website at www.nursinghomejustice.com.

Trinidad State Nursing Home, located in Trinidad, Colorado, faces a wrongful death lawsuit arising out of the death of Josephine Sicacca.

Mrs. Sicacca's husband, Frank, and her sons, Jerry and Michael, allege that mistreatment by Trinidad led to her October 24, 2007 death. The lawsuit alleges that as a result of the facility's "knowing and/or intentional actions", Ms. Sciacca suffered and died. More specifically, the lawsuit alleges the following:

- Failure to heal and prevent reopening of a pressure sore;
- Failure to encourage feeding and hydration;
- Failure to treat and prevent stomach pain;
- Failure to maintain and accurately document medical records that were free of tampering and fraudulent documentation.

The Sicacca's attorney, Chip Portales, alleges that the nursing home facility is only interested in receiving their monthly Medicaid reimbursement and has a "you can't touch us attitude". He estimates tha the facility receives approximately $5500 per month per resident.

Wrongful death lawsuits against the State of Colorado are fairly uncommon due to the low cap on potential damages, which is $150,000. The Sicacca's attorney says, "This lawsuit is about accountability and exposing the Trinidad nursing home. Colorado doesn't have a statute that protects the elderly - we should have something. If this occurred in a day care, they'd be locked up."

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 visit our website at www.nursinghomejustice.com.