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.

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.

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.

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 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.

A Minnesota nursing home is reportedly to blame for a resident's recent untimely death. According to a state Health Department investigation, Sunwood Good Samaritan Society of Redwood Falls, a nursing home facility located in western Minnesota, was negligent in the resident's November 1, 2010 death when its staff allegedly failed to act quickly when a resident's physical condition was unexpectedly deteriorated.

On October 31, the resident was eating dinner when she began coughing and gasping during dinner. Rather than call the woman's physician, a facility nurse faxed the doctor concerning the woman's difficulty breathing. No one responded to the fax or followed up the next day.

The next day, the woman continued to have trouble breathing, her appetite was poor, and she was lethargic. Later that night, the woman's condition worsened and her pulse was erratic and her breathing was more difficult. Her fingertips turned blue and she curled into a fetal positions. A facility nurse administered oxygen and gave her medication for pain. Faxes were again send to the doctor's office, beginning at 4:15 p.m. After the third fax, after 5:00 p.m., the woman's doctor finally responded.

At 5:15 p.m., facility staff called an ambulance for the woman but failed to indicate that it was an emergency. At 6:25 p.m., the same nurse called again for an ambulance, failing again to stress the emergent status of the resident. When the ambulance finally arrived at 6:30 p.m., the woman was in cardiac arrest and died just before 7:00 p.m. Her cause of death was cardio-respiratory failure.

The ensuing investigation into the facility's actions found that the facility failed to have formal processes in place for monitoring and reacting to significant changes in the resident's condition. The facility was ordered to take corrective action addressing the three deficiencies assessed in this case and staff were trained to:

- Call 911 - not sheriff's dispatch - for ambulance requests.

- Respond to "significant changes in condition" of residents appropriately.

- Implement systems for proper physician notification in emergent situations.

Missouri Nursing Home Abuse and Neglect Attorney David Terry is experienced in handling cases of nursing home abuse and neglect in Missouri and Illinois. If you suspect that your loved one or family member may be a victim of nursing home abuse or neglect, contact us toll-free for a no obligation consultation at 1-888-317-2525 or 314-878-9797.

We discussed the Convalescent Center and the tragic strangulation death of one of its residents at the hands of a facility employee in a previous blog.

According to a recent report issued by the California Department of Public Health, San Francisco Nursing Center, formerly known as Convalescent Center Mission Street, was assessed a "AA" citation, the most severe penalty available under California law, for failing to protect a resident from physical abuse by a member of the facility's staff and fined $100,000 after a March 2010 incident that led to the death of an elderly resident.

Reportedly, on March 22, 2010, Maximo Hong Fajardo, Jr., a newly hired CNA with no previous nursing home experience, was found holding a pillow over an 87-year-old resident's face, which led to her death. According to the recently released report, the Director of Nursing ignored warnings from facility nurses on the day of the incident that Fajardo was behaving strangely and the Administrator, Director of Nursing, and two experienced nurses "neglected to monitor, supervise, and evaluate" Fajardo and "failed to provide [the resident] the right to be free from deadly assault". Fajardo is currently in jail awaiting trial.

This is a tragic incident that should never have happened. Facility administrative staff should have thoroughly reviewed the background of Maxmio Fajardo before ever allowing him to come into contact with, much less care for, vulnerable elderly residents. According to the report issued by the California Department of Public Health, Fajardo was hired on March 9, 2010 and March 22, 2010 was his first day of work. Reportedly, on his first day of work, Fajardo, who had no experience in caring for vulnerable nursing home residents, was assigned to care for seven residents. According to the Director of Nursing, despite his lack of experience and training, "she thought he was ready for this assignment". We believe, this callous lack of due diligence and supervision on behalf of facility staff directly contributed to the resident's untimely death.

Far too often, nursing home companies hire people who are completely unqualified to care for our loved ones or fail to properly train their employees. It is not rocket science to know that a poorly trained or an unqualified individual could cause great harm to vulnerable elderly adults.

If you believe your loved one has been a victim of nursing home abuse or nursing home neglect, call our Illinois nursing home abuse lawyer at 1-888-317-2525 for a free consultation.

In a tragic accident, a 78 year-old nursing home resident was struck and killed after he eloped from an Illinois nursing home facility.

William Spears, a seven year resident of Emeritus at Prospect Heights, walked out of the facility late in the evening on February 23, 2011. Spears, who uses a walker, was attempting to cross Euclid Avenue when a driver stopped and tried to assist him out of the roadway. Spears reportedly refused assistance and was struck by an SUV in the eastbound lane of Euclid. He was rushed to Advocate Lutheran General Hospital, where he was pronounced dead.

The Illinois Department of Public Health and Prospect Heights police continue to investigate how Spears managed to leave the nursing home facility without assistance.

While we don't know the specifics in this case, it is not uncommon for nursing home residents with dementia to become confused, wander and try to leave nursing home facilities. Nursing home residents suffering from dementia 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 or door as well as the residents themselves
•Exit doors should be alarmed to notify staff when residents leave the facility
•Using "Wanderguard" bracelets that sound an alarm if a resident passes a designated spot.

If you suspect that a loved one in a nursing home may be at risk for elopement, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525 or 314-878-9797. For more details about wandering and elopement of nursing home residents, go here.

According to the California Department of Public Health, Goldstar Rehabilitation and Nursing Center reportedly disregarded a doctor's orders, causing a resident to choke.

The facility was slapped with a $100,000 fine on February 16, 2011 with respect to the April 2009 incident involving a 60-year-old man suffering from multiple sclerosis and thyroid problems. The resident, who had lost most of his teeth and had difficulty chewing, was ordered a special diet of only soft foods. However, on the night of the choking incident, the man was served pork chops at a special candlelit dinner thrown by the facility. The man reportedly choked on the pork chop and was unconscious for approximately 10-15 minutes before he was resuscitated.

The man was transferred to an acute-care facility, where he died approximately one week later.

While the Terry Law Firm was not involved in this incident, we can attest to the importance of staff knowing the content of resident where Care Plans, as well as the location of the Car Plans. I am regularly amazed at how many nurses I depose admit to rarely, if ever, reviewing a resident's Care Plan. Care Plans are supposed to be created within seven days of a resident's admission and contain pertinent information about the resident's abilities, illnesses, and special needs. In this instance, it appears that facility staff may not have known where to locate information about this specific resident's needs. Unfortunately, that lack of knowledge directly contributed to his death.

The Terry Law Firm has represented residents and their families in cases involving nursing home abuse and neglect for over fifteen years. If you suspect that your loved one may be suffering abuse or neglect while a resident of a nursing home facility, contact Illinois Nursing Home Neglect Attorney David Terry toll-free at 1-800-317-2525 for a free no-obligation consultation.

Rosewood Care Center of Swansea faces a lawsuit over a resident's untimely death.

Alice Goodwin was admitted to Rosewood Care Center of Swansea after suffering a left hip fracture. While a resident of the facility, Goodwin reportedly developed deep vein thrombosis, which is commonly known as a blood clot. That clot traveled to her lungs, causing her death on November 26, 2009.

Her family filed a lawsuit in the Circuit Court of St. Clair County on February 11, 2011. The lawsuit alleges that the facility and its owners, Larry Vander Maten and Darrell Hoefling, failed to provide Ms. Goodwin with proper supervision, failed to protect her from neglect, and failed to provide her with the necessary treatment to keep her functioning. Additional allegations are that the defendants failed to provide 24-hour nursing care, failed to provide a Care Plan based on her needs, and failed to timely notify her physician of changes to her condition.

Dr. Brian O'Neill has also been named as a defendant in the five-count lawsuit. O'Neill faces allegations of failing to keep Ms. Goodwin on Lovenox and failing to maintain her on Teds Hose following her initial injury.

The lawsuit seeks a judgment in excess of $525,000 plus attorney's fees and costs.

Ninety-three year old Donald Bodkin was admitted to Victoria Healthcare and Rehabilitation Center, a California nursing home facility, in August 2010 to recover from hip surgery. Sadly, Donald Bodkin never left the facility.

Reportedly, shortly into his 30 day stay, Donald Bodkin developed a painful distended abdomen, loss of appetite, and low urine output, all of which was documented by facility staff. Bodkin's family was told that he was in pain and was lethargic by an occupational therapist, but no one contacted his physician. Five days after his symptoms appeared, Donald Bodkin was found without a pulse. He died on September 13.

An autopsy revealed that Bodkin died of a ruptured ulcer in his small intestine that led to an infection in his bloodstream. It was estimated that the rupture occurred a three to seven days before he died. His death was described as "untimely".

A state investigation into Bodkin's death led to the discovery that the facility failed to properly assess Bodkin's condition and failed to notify his physician once life-threatening symptoms appeared. The facility was fined $75,000 for the violations. Rather than acknowledge the error and live with the consequences, the nursing home has chosen to appeal the fine.

Families trust that nursing home employees will carefully monitor their loved ones for any symptoms of illness. So, what should you do if your are told your family member is in pain? Here are some ideas to keep in mind:

1. Don't rely on the nursing home to call a physician or provide proper treatment. You must always make sure they do what thye are supposed to do. In short, trust but verify.

2. Make sure your loved one is seen by a doctor and gets the treatment needed. Request copies of the lab reports, doctor's notes, etc.

3. Ask your loved one how they are feeling.

4. Know the doctor's orders and watch to make sure they are being followed.

5. Visit often.

The family of Gladys Feran was shocked to discover that their loved one had suffered 17 falls in 16 months - and they didn't know about any of them.

According to John Flynn, Gladys Feran's son, "We feel betrayed. Why wouldn't they ask (our) family to meet with her and her caretakers to help us understand what we could do to prevent the falls?" Larchwood Village Retirement Community, an Ohio nursing home, was cited in 2008 for failing to document a fall in which Feran suffered a broken hip and collar bone. She had been pushing a wheelchair through a door when she fell. It has been revealed that this wasn't the first time she had fallen while pushing another resident in a wheelchair.

Reportedly, Feran fell a few months earlier while pushing a wheelchair. Her knees buckled and she was caught mid-fall by facility staff. Feran fell again in April 2009 when she fell while trying to turn off her television. Reportedly, a nurse examined her, called her daughter, and put Feran on the couch. The family denies the call, stating, "We didn't even know she fell." After five days of constant pain and increasing confusion, Feran was taken to the hospital, where she was diagnosed with a fractured pelvis. Two weeks later, she died from a lung infection. The coroner ruled that the broken pelvis contributed to her death.

According to John Flynn, "If the family didn't request an autopsy, we'd probably never know that mom had a broken pelvis."

Nursing homes are required by federal law to contact a designated family member if a resident falls or is injured. If the allegations in this lawsuit are rue, then this nursing home has clearly violated the law and their duty to the resident and her family.

Continue reading "Autopsy Reveals Injury That Contributed to Ohio Nursing Home Resident's Death" »

We discussed Angela Almore and her role in an overdose death at Britthaven, a North Carolina Nursing home, in previous blogs.

Almore was indicted on six counts of patient abuse for reportedly giving residents morphine who were not prescribed the drug, causing one resident to die. In that case, she has been indicted for second degree murder. The State has alleged that Almore gave the drug to the residents to keep them sedated. Almore was observed passing out small cups to the residents and telling them it was vitamins.

Almore remains free on bond pending her September 12 trial date. She has pleaded not guilty to the charges.

The Dressel family has alleged that a Lebanon, Illinois nursing home facility contributed to cause a loved one's death. Beverly Dressel alleges that Covenant Care Midwest, doing business as Cedar Ridge Health Care and Rehab Center, failed to properly care for her mother, which resulted in the elderly woman developing bedsores, an infection, and sepsis.

Betty Dressell, suffering from Alzheimer's, entered the facility on October 1, 2008. She remained there until December 5, 2008, when Almost Family and National Health Industries, doing business as Mederi-Caretenders, was hired to care for her. While under the care of Almost Family and National Health Industries and Covenant Care, Ms. Dressel is alleged to have developed pressure sores on her back, buttocks, leg, and feet. She subsequently developed a severe infection, which led to sepsis. Ms. Dressel died from her injuries on April 14, 2009.

The lawsuit, filed January 10, 2011, alleges that while Ms. Dressel was being cared for by Almost Family and Covenant Care, employees failed to recognize symptoms of decubitous ulcers, failed to diagnose the decubitous ulcers, and failed to refer Ms. Dressel to a wound care specialist for treatment. The 51 count complaint alleges medical negligence/wrongful death, statutory negligence, breach of contract, breach of fiduciary duty, and loss of consortium and is seeking a judgment in excess of $2.55 million plus costs.

If nursing home employees fail to implement procedures to prevent pressure sores or do not adequately treat existing pressure sores, the likelihood is that residents will develop pressure sores that can cause the resident a serious injury and substantial pain. If employees fail to provide adequate care, there should be substantial penalties against their employer and them personally.

Residents at risk for pressure sores should be:

- turned and repositioned at least every two hours
- provided medication and creams to keep skin soft and supple
- bathed regularly
- kept clean and dry and free from long-term exposure to urine and feces
- provided pads to keep at risk body parts from hard surfaces

An Illinois assisted living center faces a lawsuit in the death of one of its residents.

Anastasia Hubert was walking in a hallway at Cambridge House on February 2, 2010, when she reportedly tripped on a telephone cord near a third floor nurse's desk and fell, suffering a spinal fracture of the distal right femur. Hubert's overall physical condition declined, she developed pneumonia, and died.

The family of Ms. Hubert filed a lawsuit on December 21, 2010 in St. Clair County Circuit Court against the facility and BMA Management alleging that Ms. Hubert's injuries caused her to incur medical costs, experience pain and suffering, and sustain loss of normal life. The family blames the entities for allowing the telephone cord to be in a known walking path without properly securing it and for installing the telephone in such a way that it was a trip hazard for residents.

The lawsuit seeks more than $200,000 plus court costs.

This case seems like a "no-brainer" to me. Even in the best of circumstances, a telephone cord represents a tripping hazard. However, when you place a known hazard in a nursing home filled with individuals who are more vulnerable than most people, it becomes a case of gross negligence. The family of Ms. Hubert will need to show that the nursing home knew or should have known that the telephone cord represented a tripping hazard and that they could have forseen that a resident could trip and fall.

The Terry Law Firm is experienced in handling cases involving trip and fall injuries at nursing homes in Missouri and Illinois. If you have suffered an injury at a Missouri or Illinois nursing home, contact David Terry with any questions or concerns you might have at 314-878-9797 or toll-free at 888-317-2525.

A ninety-seven year old Iowa nursing home resident is dead after a traffic accident caused injuries that contributed to her death.

Corine Armentrout was the passenger in a van that was returning residents to Ridgecrest Village, a Davenport, Iowa nursing home facility, after the residents had attended the Festival of Trees celebration. Armentrout, who was wheelchair-bound, was thrown from her wheelchair onto the floor of the van when the van's driver abruptly stopped for a traffic light. According to the Iowa Department of Inspections and Appeals, while the wheelchairs were appropriately secured to the floor of the van, the residents were not wearing safety belts. The driver of the van reportedly admitted forgetting to fasten the safety belts.

Armentrout was rushed to a local hospital, where she was resuscitated and received blood transfusions. Her injuries were numerous: two broken legs, a broken wrist, broken finger, possible neck fracture, and acute blood loss. The other injured resident suffered a fractured pelvis. Armentrout died twelve days after the accident from congestive heart failure that was attributed to her broken leg and severe blood loss.

The facility was fined $10,000 as a result of the incident.

The Terry Law Firm offers their condolences to the Arementrout family on their loss.

We discussed Everett Rehabilitation and Care Center and its reportedly poor care of a ninety-seven year old man in a previous blog. Now, the owner of Everett Rehabilitation and Care Center has agreed to pay $3.5 million to settle a lawsuit filed by the man's family.

The resident entered the nursing home facility in 2004 to be with his wife. While she died shortly thereafter, he decided to continue living at the facility.

On November 7, 2007, a facility nurse found and reported a wound on the man's penis to the facility's residential care manager. That manager left for a three week vacation and forgot about the nurse's report upon her return. The manager said that she didn't hear anything more about the wound until March 14, 2008 after a doctor at the hospital called to report that the man's penis had disintegrated and that he had a terrible wound left. The man died on March 31, 2008.

According to the attorney for the victim's family, no one facility employee was to blame for man's poor care. The corporate decided to open two new specialty units at the facility and cut back on CNAs, the individuals reponsible for changing diapers and bathing residents. According to the attorney, "The place was woefully understaffed. That's why this occurred."

According to the facility's administrator, Elizabeth Loyet, "Settling the lawsuit is in the best interest of all parties in order to bring the matter to resolution."

If you have a loved one in a nursing home facility, the Terry Law Firm recommends that you frequently examine your loved one for unexplained bruising, cuts, scratches, or other injuries. Show the nursing supervisor on duty any injuries found and make sure that you note the date when you found the injury. Don't forget to follow up with nursing staff to make sure your loved one receives the appropriate necessary treatment.

A recently released study by the Inspector General's Office of the Department of Health and Human Services revealed that, over the last two years, for-profit nursing home facilities have greatly increased the percentage of facility residents classified as needing the highest levels of care in order to collect larger Medicare payments.

The study, entitled "Questionable Billing by Skilled Nursing Facilities" found that from 2006 to 2008, the percentage of residents classified in the highest therapy groups jumped from 17 percent to 28 percent, despite little change in diagnoses or demographics. The result? A cost of an additional $5 billion cost to Medicare.

Costs incurred by individuals entering nursing homes after a hospitalization, which is paid for by Medicare Part A, are classified in a category known as a resource utilization groups (RUGs). The group the individuals are placed in is dependent upon how much therapy is needed and how much assistance with activities of daily living is required for the resident. The higher the RUG category, the more Medicare is required to pay.

For-profit nursing homes constitute more than 2/3 of nursing homes in the United States. Nearly 1/3 of residents in for-profit nursing homes were placed in the highest RUGs, while nonprofit facilities had 18% and government facilities had 13%. For-profit facilities were found to keep residents longer, up to 29 days opposed to 23 days at nonprofit facilities. According to the recently released report, "These billing patterns indicate that certain [skilled nursing facilities] may be routinely placing beneficiaries into higher paying RUGs...or keeping beneficiaries in Part A [stays] longer than necessary."

The Inspector General's Office made multiple recommendations to the Centers for Medicare and Medicaid Services for improvement and referred the 348 worst offenders to Medicare officials for action.