Nursing Home Abuse Lawyer Blog

Forty-eight year old Rachel Mota, a former employee of Mimbres Memorial Hospital Nursing Home, pleaded no contest to unauthorized use of a credit card and faces similar charges in another county after she reportedly took the credit card of a nursing home resident.

Eighty-eight year old Eva Carriveau was hospitalized when she woke up during the night and found someone in her room. She asked what the person was doing and was told that she was straightening the room. Carriveau, who is hard of hearing and couldn't see, was unaware that her credit card had been stolen until she was billed in April 2009 for charges she couldn't possibly have made.

Mota faces three years in prison and approximately $6,000 in fines.

Richard Gerhardt was admitted to Laurel Canyon Nursing Home in Albuquerque, New Mexico on December 23, 2005, after suffering a broken femur. He was taken to Presbyterian Hospital on December 28, 2005 and died two days later. What happened in five days?

Mr. Gerhardt was allowed to lie on a bedpan for more than twenty-four hours on Christmas Day 2005. He laid on the bedpan so long that a horseshoe shape was seen on his posterior. The bedpan was on his back so long that it caused lesions that led to sepsis.

A state investigation revealed that the facility was "seriously" understaffed on Christmas Day. The lack of staffing led to the failure of the facility's safety checks and patient care required by the facility's own policies. Laurel Canyon faced charges of abuse of a resident resulting in substantial pain or incapacitation and neglect.

The case was prosecuted by the New Mexico Attorney General's Office as a Medicaid fraud on the premise that the facility received payment for services not rendered to Gerhardt. As the facility was found guilty and corporations cannot be incarcerated, the Judge will determine the facility's fine at sentencing.

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.