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?" »

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 wheelchair-bound Chicago, Illinois nursing home resident died after accidentally lighting himself on fire while smoking.

The 62 year-old resident of a Rogers Park nursing home was sitting at an outdoor patio around 8:50 a.m. when he lit his cigarette. He placed his lighter in his pocket and was smoking when his clothes ignited. The man and another resident tried extinguishing the fire, but it took a fire extinguisher to douse the blaze. The man, suffering first and second degree burns, was rushed to St. Francis Hospital in serious/critical condition. He was transferred to Loyola University Hospital, where he died around 4:56 p.m.

For their own safety, federal regulations require nursing homes to provide adequate supervision and assistance for nursing home residents who smoke. While we don't know if this gentleman was provided with the appropriate supervision and assistance, we do know that the consequences of his accident cost him his life. If you have a loved one or friend in a nursing home who smokes or is facing nursing home placement, consider these questions:

• What are the facility's smoking policies? What type of assistance/supervision is provided? If a resident refuses to comply with smoking policies, what are the repercussions?
• Are there designated smoking areas with ashtrays and smoking aprons? Are fire extinguishers located close by and is facility staff properly trained to use same?
• Are cigarettes, lighters, and other smoking devices accessible by the staff only? If not, where is the smoking paraphernlia stored?
• What is the proper procedure to call for help in case of fire? Is there a call system located outside?
• Is the facility equipped with sprinklers and fire detectors?
• Are fire evacuation procedures clearly posted?
• Is there a "no smoking indoors" policy strictly enforced by the staff?
• Are residents in smoking areas supervised by facility staff?

Illinois Nursing Home Abuse and Neglect Lawyer David Terry has over seventeen years experience in assisting and protecting vulnerable nursing home residents. If you or a loved one has experienced abuse or neglect at the hands of nursing home staff or residents, contact David Terry at 1-888-317-2525 to discuss your options. The initial consultation is free and there is no obligation to you.

The owners of Whispering Oaks, a defunct St. Louis County residential care facility, are in the news again. The St. Louis County Health Department forced the closure of the facility due to lack of running water in January 2010.

Whispering Oaks is owned by Naren Chaganti, a St. Louis attorney. Reportedly, federal agents have been investigating Chaganti for possible health care fraud at his now-closed facility. Published reports say that federal investigators have asked a judge to order Chaganti to comply with subpoenas requesting him to turn over business and banking documents related to the criminal investigation. Records pertaining to work performed by his brother, psychiatrist Dr. Surendra Chaganti, at the now defunct residential care facility are also sought.

The investigation could result in Chaganti facing charges of making false statements to the federal government, perpetrating a fraudulent health care scheme, and conspiracy.

Chaganti claims he is being targeted due to his Indian heritage and claims the government is investigating him because it would help former assistant U.S. attorney Kevin O'Malley, who is a member of the state healing arts board.

Chaganti's brother, Dr. Surendra Chaganti, has not been without his share of problems. Surendra Chaganti faced charges before the Board of Healing Arts alleging that he provided substandard care to a patient who died at St. Anthony's Hospital, ignored a pediatric patient, and prescribed psychiatric medications inappropriately at St. Anthony's in 2001 and 2002. Surendra Chaganti denied the allegations.

A settlement was reached in 2007 that allowed Surendra Chaganti to resign from St. Anthony's.

An Illinois nursing home resident is blaming a Madison County, Illinois nursing home for a recent injury.

Blanche Hicks filed a lawsuit against Eden Retirement Center, Inc. on July 19, 2011, alleging that Eden Village was responsible for a fall she suffered in November 2010. According to the lawsuit, Hicks was left unattended in her room and, as a result, fell and broke her hip. She is seeking more than $50,000 in damages.

It is common knowledge that nursing home falls can cause serious injury, or even death, for frail nursing home residents. Nursing homes certainly can't prevent every single fall, but they are required to identify those residents that are at a high risk for falling and take measures necessary to make it as safe as possible for them. Two of the measures nursing homes should use more to prevent falls are as follows:

1. Care Plans - Care plans should be regularly updated so all employees know how to properly care for each resident.

2. Additional staff - The more staff members available to provide care, the less likely a resident is to fall.

If you or a loved one has suffered injury in a fall at a nursing home and are in need of legal advice, contact Illinois Nursing Home Attorney David Terry to schedule a free, no obligation consultation at 1-888-317-2525.

A Glen Carbon, Illinois nursing home resident filed a lawsuit alleging that a faulty furnace at the facility caused her to suffer a heat stroke.

The lawsuit, filed on July 1, 2011 against Eden Village Care Center and Cummings Heating & Cooling, Inc., alleges that the woman was found unconscious and near death in her room in May 2009 from exposure to extreme heat. She had been lying on the floor overnight in a room that registered a temperature of 110 degrees.

The lawsuit further alleges that the facility's furnace had previously had problems with a stuck heat sequencer and a broken control board.

Elderly individuals are very sensitive to weather extremes. We have all seen the public service announcement advising us to check on our older neighbors during periods of extreme heat. One would think that nursing home employees - who are supposedly ultra-sensitive to the needs of the elderly - would know better than to leave residents in rooms with excessive temperatures. Having been involved in a case several years ago where my client died of hyperthermia with a care body temperature of 109.7 degrees, I am particularly incensed by cases like this.

I wish the resident involved in this case a speedy recovery and good luck in her legal case.

If you or a loved one have suffered abuse or neglect at the hands of a nursing home and are in need of legal assistance, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry to schedule your FREE, no obligation consultation at 1-888-317-2525.

Is the death of an 86 year-old Illinois nursing home resident a homicide? Illinois police are investigating.

The female resident was initially believed to have fallen at Maryhaven Nursing and Rehabilitation Center in Glenview, Illinois, but nursing home officials have admitted that a fellow resident was believed to have been involved. According to a nursing home spokesman, Brian Crawford, "Within the past couple of weeks, an unfortunate incident occurred in a private room". The incident was reportedly an attack on the elderly woman by another resident in a an area of the facility caring for dementia residents.

The elderly woman was moved to hospice care at St. Francis Hospital, where she died on July 14. According to the Cook County Medical Examiner, she died from heart disease and brain injuries related to the assault.

If this unfortunate event involved resident on resident assault, it joins the long list of such actions in nursing homes. Certainly, we cannot comment on the specifics of this case because details have yet to be released but far too often patients with violent pasts or mental problems are allowed to reside with the general population of vulnerable elderly adults. In those instances, many nursing home residents become easy targets for the perpetrators.

If you believe you loved one's health or safety is at risk by another nursing home resident, do not hesitate to ask facility staff members to move your family member to a safer area.

Glenview, Illinois police continue to investigate the incident.

The Terry Law Firm routinely handles cases of nursing home abuse and neglect. If you suspect that a loved one or family member is experiencing abuse or neglect at the hands of another resident or nursing home staff, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry at 1-888-317-2525 to schedule your FREE no obligation consultation today!

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" »

A Cuba, Missouri nursing home bookkeeper faces multiple felony charges in connection with allegedly misappropriating money from nursing home residents.

The Cuba Manor former bookkeeper has been charged with five felony counts of abuse of a person receiving health care, two felony counts of forgery, and two felony counts of stealing by deceit after an investigation determined that she stole approximately $88,550.98 from nursing home residents between January 2, 2009 and October 24, 2010. She reportedly misappropriated the funds and forged signatures of facility residents and guardians.

She is charged with one Class B felony, which is punishable by up to 15 years in prison and eight Class C felonies, which can be punishable by up to seven years for each violation plus penalties and restitution.

It is sad to say that nursing home neglect is a problem throughout this country. Unfortunately, Springfield, Missouri is no exception. Having spent 11 years pursuing nursing home justice, I have begun to reviewing and commenting on public data available on nursing homes throughout the state.

Springfield Skilled Care Center is a 120 bed skilled care nursing home facility located in Springfield, Missouri. Reportedly, the facility is owned by Judah Bienstock. A for-profit facility, Springfield Skilled Care Center is rated as a one-star facility, according to the ratings system instituted by The Centers for Medicare and Medicaid, which places it in the "much-below average" range according to Medicare.gov. It appears that the one-star rating that Springfield Skilled Care Center was well-deserved.

For the complaint reporting period of December 1, 2009 through February 28, 2011, Springfield Skilled Care Center was assessed 17 deficiencies, some of which caused actual harm or placed residents in immediate jeopardy. The facility was cited for 11 deficiencies for the December 1, 2008 through November 30, 2009 reporting period and 5 deficiencies for the reporting period of December 1, 2007 through November 30, 2008. The average number of deficiencies in Missouri is 7. The trend for this facility is going the wrong way!

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. Springfield Skilled Care Center was cited in February 2010 for failing to keep each resident free from physical restraint unless absolutely necessary. It was also cited for failing to hire individuals who have no legal history of abusing, neglecting, or mistreating residents and/or failing to investigate any acts or reports of abuse, neglect or mistreatment of residents.

Missouri and federal laws also require that each resident receive care and services necessary to get or keep the highest quality of life possible. Springfield Skilled Care Center failed its residents in this respect on February 3, 2010 when nursing home inspectors found that residents were placed in an immediate jeopardy situation and at least one resident was actually harmed. Facility staff were also cited for failing to give professional services that met a professional standard of quality. Meeting this standard appears to be difficult for the staff at this facility because they have been cited for this same deficiency for each of the past three years. If you are considering placing your loved one at this facility, you should ask very pointed questions about how they are rectifying this long-standing problem.

Care Plans must be developed for each individual resident to meet the resident’s medical, nursing, and mental needs and the Care Plan needs to be routinely assessed and updated to reflect the resident’s ongoing needs. Investigators found that Springfield Skilled Care Center failed multiple times during the last three years to develop individual care plans that met the needs of each individual resident.

Continue reading "Missouri Nursing Home Attorney Examines Springfield Skilled Care Center " »

Missouri legislature passed a bill in 2007 requiring residential care facilities with at least 20 beds to install sprinklers by the end of 2012. The legislation was introduced after eleven people died in a November 2006 fire at Anderson Guest House, a southwest Missouri facility that was home for mentally ill and disabled residents.

Now, Missouri lawmakers have voted to delay the sprinkler mandate system. The new bill, which was given final approval on Wednesday, grants facility owners a reprieve until December 31, 2014. The bill is now on Governor Nixon's desk.

A Springfield, Missouri nursing home resident died Monday, May 9, 2011, after falling from a window at the Springfield Skilled Care Center.

Sadly, the body of eighty-one year old Mary Bebee was found by police around 6:15 a.m. in the backyard of the facility. Ms. Bebee, a two year resident of the facility, suffered from Alzheimer's disease and reportedly resided in an area of the facility that was equipped with two certified nursing assistants and one licensed nurse. She was last seen around 3:00 a.m. on Monday. Preliminary autopsy results found that Ms. Bebee died from a fractured neck.

The preliminary investigation into this tragic incident revealed that part of a window screen and edging around the screen had been pushed out of a window on the one-story building that sat approximately four feet above the ground. According to Springfield Police Cpl. Matt Brown, "It appears she crawled through the window." Brian Mattox, the facility Administrator, said, "That's the unusual part. We don't know how it happened." Springfield police and the Missouri Department of Health and Senior Services continue their investigations into this tragedy.

Our thoughts and prayers go out to the family of Ms. Bebee.

While we don't know the specifics in this case, it is not uncommon for nursing home residents suffering from Alzheimer's disease to become confused, wander and try to leave nursing home facilities. Nursing home residents suffering from Alzheimer's disease are challenging to care for, but nursing homes know that this is a part of the day-to-day care they are to provide. In fact, many nursing homes advertise that they specialize in caring for those with dementia. To that end, nursing homes are required to assess each resident to determine their risk for wandering. If the risk is there, the facility is to initiate a plan of care specifically designed to care for the residents at high risk for wandering and elopement.

Some aspects to such care plans include:

• To consistently monitor doors—especially during shift changes where residents are particularly inclined to wander.
• Place residents that have been characterized "at risk" for wandering closer to nursing stations so that they can be more closely monitored.
• Using alarms on the resident's bed, wheelchair, windows or doors as well as the residents themselves.
• Exit doors and windows should be alarmed to notify staff when residents attempt to leave the facility.
• Using "Wanderguard" bracelets that sound an alarm if a resident passes a designated spot.

The Terry Law Firm is a St. Louis based law firm concentrating in all types of personal injury and wrongful death litigation. They are committed to protecting and vindicating the rights of people who are injured by the negligence of others. Please contact the firm at 314-878-9797 or visit www.TerryLawOffice.com for more information.

According to a new study, set to be published in the American Journal of Infection Control in May 2011, infections in nursing home residents, which is the cause of approximately 400,000 deaths in U.S. nursing homes annually, may be largely attributed to understaffing. Understaffing in nursing homes occurs when nursing home owners and operators elect to save money in their operations by employing and scheduling only the bare minimum of employees necessary according to federal regulations. This method of cost-cutting saves nursing home owners and operators millions of dollars nationwide each year.

The Centers for Medicare and Medicaid Services require all nursing homes nationwide to meet certain requirements to be considered eligible for Medicare or Medicaid reimbursement. Facilities that do not meet federal standard care criteria are assessed deficiency citations, also known as F-Tags. Researchers at the University of Pittsburgh's Graduate School of Public Health examined the criteria for The Centers for Medicare and Medicaid Services F-Tag 441, a deficiency citation governing infection control requirements, and gathered and analyzed data collected for Medicare/Medicaid certification from 2000 to 2007. The data analyzed involved approximately 16,000 nursing homes and approximately 100,000 "observations" annually, which is 96% of all nursing home facilities in the United States.

Through their study, researchers determined that infections and the deaths resulting from infections may largely be attributed to nursing home understaffing. According to study authors, "Our analysis may provide some clues as to the reason for the persistent infection control problems in nursing homes. Most significantly, the issue of staffing is very prominent in our findings; that is, nurse aides, LPNs and RNs, low staffing levels are associated with F-Tag 441 citations. With low staffing levels, these caregivers are likely hurried and may skimp on infection control measures, such as hand hygiene."

If you have a loved one in a nursing home, do not be shy about confronting administrators about staffing issues. Remember, no one wil ever love your family member as much as you, so you need to be persistent in making sure that there is sufficient staffing to help meet the needs of the one you love.

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" »

An Illinois nursing home resident is in custody after allegedly sexually abusing a fellow resident.

Fifty-three year old Lindsey Dailey faces a charge of sexual battery after the April 1, 2011 incident. Reportedly, Lindsey entered the room of a female resident at Forrest Manor Nursing Home in Dewey, Illinois around 1:40 a.m. His victim reported to police that Dailey touched her inappropriately, exposed himself to her, and asked her for sexual favors. The victim alerted facility staff, who called police.

When questioned, Dailey denied any wrongdoing, "began cursing" at officers, and requested an attorney.

Daily appeared before Special Judge Kyra Franks Williams on April 1 and told the Judge that he previously had a brain aneurysm. His bond was set at $5,000 with the condition that Daily did not contact his alleged victim or the nursing home facility.

After reading about this tragic incident, Illinois Nursing Home Abuse Lawyer David Terry questions whether the alleged abuser in this incident had any previous history of sexual misconduct. Did the facility have any knowledge of previous incidents of this nature involving the accused or was this his first "attack"? Residents that demonstrate dangerous tendencies must be dealt with to protect the remaining residents. If a resident is known as a potential sexual threat to other residents, the nursing home must act to protect the other residents. If the facility fails to take reasonable steps to protect their residents from becoming victims of a sexual assault, it can be held liable for any injuries that may occur when a known or suspected threat becomes reality.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Contact David Terry toll-free at 1-888-317-2525 or 314-878-9797 for a FREE no-obligation consultation if you suspect that your loved one or family member may be experiencing sexual abuse at the hands of a nursing home resident or staff member.

The St. Louis Veterans' Administration Medical Center (VAMC) is known as a "national disgrace" and ranks dead last in patient satisfaction among all VA facilities in the nation, according to a recent article published in the St. Louis Post Dispatch.

Problems found at the VAMC make a long list. Most recently, there have been sterilization problems in the operating rooms, which forced the facility to close its surgery center until they could be resolved. In the not too distant past, the VA Dental Clinic was forced to shut down after 1,800 veterans were exposed to HIV and hepatitis after problems with sterilization procedures at the clinic.

Sadly, (but thankfully!) the employees themselves have become whistleblowers on the facility that should be honoring our veterans, not degrading them. According to facility employees, veterans sit in soiled linens for days, supplies are not provided, and patients have to use broken equipment, if it can be found at all. Wes Gordon, a nurse at John Cochran, said, "It took me two years and three months to get applesauce for the patients that can swallow their pills." Imagine that. These men and women put their lives on the line for our freedom and it takes their medical provider two years for a simple request.

According to the medical center's director, Rima Nelson, "Every veteran watching should know and feel assured that the care we deliver here when we deliver it is of the highest quality."

Two federal investigations into the condition at the facility are underway and should be completed by mid-spring. Hopefully, the results of those investigations will prompt those in charge of John Cochran to provide better, more quality care for the special people we have entrusted to their care.