Nursing Home Abuse Lawyer Blog

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.

Eighty-three year old Merle Fall suffered from lung cancer and advanced dementia. She was admitted to Ridgeland Point Senior Living Community on February 25, 2010, after wandering away from her home. According to her daughter, Diane Phillips, "I always said the first time she left home, we'd have to put her in a safe place. We didn't want her to get hurt." Sadly, after a mere nine days at Ridgeland Point Senior Living Community, Merle Fall suffered a fatal injury.

Merle reportedly was placed in a lockdown unit where she would be safe. Problems began shortly thereafter.

Several days after her admission, Merle's daughter visited her and reportedly found her dressed in the same clothing as she had been wearing when she was admitted and smelling of urine. During the visit, a nurse pointed to a chair and advised Diane Phillips that Merle had tried to leave the facility via the window. The lockdown unit was on the second floor. Phillips' husband checked the window, finding it unlocked. Facility staff promised that the window would be repaired.

During the evening of March 5, Merle was wandering in and out of resident rooms and was seen trying to open the locks on her window around 2:00 a.m. A resident assistant on duty found her at the window, attempting to remove the safety lock. She redirected Merle and remained with her until she fell asleep. When another employee arrived for her shift around 7:00 a.m. on March 6, another employee noticed that Merle was not in her room. As she searched for Merle, a resident told her, "Look out the window and see if that lady is there. I tried to get her not to jump, but she did anyway." The employee looked out the window and found Merle lying on the ground. The fall shattered Merle's ankle and she suffered a brain hemorrhage after striking her head. She died three days later.

After a state Department of Health Investigation found no criminal violation in Merle's death but did cite the facility and required them to move the Memory Care Unit to the first floor, Merle's family filed a lawsuit against the Ridgeland Assisted Living, LLC and Emeritus Corporation alleging neglect. The suit seeks at least $500,000 in damages and attorney's fees.

The companies maintain their innocence, stating that Fall's family has "failed to prove Fall was harmed due to defendants' negligent or reckless conduct".

Melissa Elaine Webster

Melissa Elaine Webster, the Administrator of The Alternative Personal Care Home, a Mississippi nursing home, was jailed on August 29, 2010 on eight felony counts of exploitation of a vulnerable person after being arrested by the Medicaid Fraud Control Unit of the Attorney General's Office.
Webster reportedly took more than $60,000 from a former resident of the facility. If convicted, Webster faces up to 80 years in prison and up to $80,000 in fines.

If you have a loved on in a nursing home, you should pay close attention to their financial well-being as well as the care they are receiving. Sadly, some people view nursing home residents as easy targets and exploit them financially. As a family member, you should regularly:

1. Ask to see all billing statements;
2. Review all payments made from your loved one's accounts;
3. Request copies of all checks made from your loved one's account; and
4. Visit regularly and get to know all of the people responsible for your loved one's care.

A Mississippi man was arrested on August 20, 2010 and charged with two counts of fondling a vulnerable person.

Twenty-three year old Brandon Rowlings was arrested after he allegedly fondled a 70 year old man who lived in a personal care facility where he worked. Rowlings was investigated after the victim's family members reported concerns to authorities.

Rowlings faces up to 15 years in jail and/or a $5,000 fine per count if convicted.

Daily we are hearing about defenseless nursing home residents being sexually abused or sexually assaulted by nursing home employees or other residents. Contact the Terry Law Firm at (888) 317-2525 if you have concerns that a loved one is being sexually abused or sexually assaulted while living in a nursing home facility.

On July 27, 2009, Sandra Whitehead was ordered to pay in excess of $600 in fines and court costs and to complete 40 hours of community service for her role in a patient injury at a Mississippi nursing home.

Whitehead pleaded no contest to misdemeanor neglect at Jaquith Nursing Home in Whitfield, Mississippi. Whitehead was working as a licensed practical nurse at the facility when she failed to properly assess a resident after a fall and failed to notify the resident's physician and family. The resident, who sustained a broken clavical and several broken ribs due to the fall, suffered pain from the incident and was unable to communicate with staff. Whitehead also failed to follow nursing and facility guidelines for documenting falls.

Tashnika Madison, a CNA at Silver Cross Nursing Home in Brookhaven, Mississippi, allegedly used her forearm and pushed against the back of a nursing home resident's neck while she was placing her in a mechanical lift. Fortunately, the resident was uninjured and was only shaken up.

Madison pleaded guilty to one count of misdemeanor abuse of a vulnerable adult and was ordered to pay a fine of $268.50.

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.

Three Jackson, Mississippi women pled guilty to crimes against a nursing home resident this week. Ashley Showers, Brittan Slaughter, and Jamise James each pled guilty in a scheme in which the resident's social security card and driver's license was stolen and used to obtain credit cards, cell phones and other merchandise. Slaughter cooperated in the investigation and received probation and a $500 fine. Showers and James were given sentences of five years, with four years suspended, and ordered to make restitution.

Sadly, the victim in this incident died before the women were sentenced.

Nicole Williams, a former CNA at Manhattan Nursing Home in Jackson, Mississippi, pled guilty felony abuse of a vulnerable adult. Williams struck an elderly female resident in the eye while employed at the facility. She was sentenced to five years supervised probation and assessed a $1,000 fine. Her CNA license has been suspended for five years and she can reapply for her license at the end of that time.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Mary Lowery, a former nurse aide at Attah County Nursing Center in Kosciusko, Mississippi, pled guilty on February 11, 2009 to five counts of petit larceny and must repay nearly $1,300 in fines and court costs. Reportedly, Lowery took personal items from the residents of Attah County Nursing Center, although the specifics of her theft have yet to be released.

Nicole A. Williams, a CNA at Manhattan Nursing Home in Jackson, Mississippi, was arrested on December 8, 2008 for her role in abusing an elderly resident. If convicted, she faces up to 20 years in prison and up to a $1,000.00 fine for her role in abusing an elderly resident. Williams, allegedly struck an elderly woman in the eye.

Two licensed practical nurses (LPN) at Graceland Care Center in New Albany, Mississippi face criminal charges for elder abuse. Cynthia Hunt faces two felony charges of abuse after a grand jury indictment. She is accused of "pouring aftershave on the genitals of a patient" and administering medication that caused pain. If convicted, she faces a maximum of 40 years in prison and $20,000 in fines.

Kathy Brooks, a second employee, is accused of taking hydrocodone that was meant for more than one patient. Hydrocodone is a strong pain medication. She faces one to five years in prison if convicted.

Attorney General Jim Hood said, "Any person found guilty of torturing a disabled person or stealing their pain medications leaving them to suffer should receive little mercy for such sinful crimes."

Hattie Baldwin, 49, was arrested on September 15, 2008 by investigators with the Attorney General's office. She has been indicted by the Hinds County grand jury on a charge of fraud against a nursing home resident. She is charged with forgery in the amount of $1,500.00. Her victim? A resident of a Madison nursing home, whom she did not even know. If Baldwin is convicted, she faces a prison sentence between two and ten years. She could also face a fine of $10,000 or face both a fine and a prison sentence.