Articles Posted in Nursing Home Abuse and Neglect

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Disability Rights California, a non-profit that advocates for the rights of the disabled, recently released a report finding that the physical abuse of disabled adults in nursing homes are frequently not treated as crimes. The study analyzed 12 cases, including the following

• For months, a middle aged nursing home resident suffering from cerebral palsy with cognitive impairment was paraded naked and soaking wet in front of others after being forced by staff to take cold showers. Despite many witnesses, nothing was done.

• A disabled resident in his 40s was punched in the mouth by a staff member and then slapped, drawing blood. When he complained, it took days for the facility to report it to authorities. No charges were brought.

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Closing arguments began in what is now one of the longest trials in Humboldt County history involving allegations of neglect at 21 nursing homes owned by Skilled Healthcare. Michael Thamer, a lawyer dedicated to defending the rights of nursing home residents, will argue that Skilled Healthcare, because of deliberate decisions to keep nursing home staff at the lowest possible numbers, repeatedly exposed its residents to substandard care, including the failure to regularly bathe its patients, allowing residents to lie in soiled bed sheets for hours, and failing to treat bed sores.

”In my opinion, they (staff members) are set up to fail before they even start,” Thamer told the court.

Under California law, nursing must provide at least 3.2 hours of nursing care per resident, per day. These hourly requirements apply to direct patient care, and must be performed by registered nurses, licensed vocational nurses and certified nursing assistants. According to the plaintiff, Skilled Healthcare totally failed in this regard, and regularly understaffed its facilities for financial gain.

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A nursing home caregiver is being charged with second degree murder after the death of an Alzheimer’s patient in a North Carolina nursing home. Authorities believe that caregiver Angela Almore deliberately administered large quantities of morphine to 84-year-old patient Rachel Holliday in order to make her “more manageable.” It is believed that other residents were also given the drug for this purpose, and cite six other Alzheimer’s patients who required hospitalization while under the care of Almore.

The arrest and indictment of Almore stems from an investigation by Medicaid Investigations, who launched an investigation after nine of 25 patients in the nursing home’s Alzheimer’s wing at the nursing home tested positive for opiates. Sadly the use of opiates and other psychotropic drugs to control patient behavior is an ongoing problem at nursing homes across the country. Here at Walton Law Firm we have had several cases involving the improper use of medications, which exposes nursing home residents to untold number of dangers, including overdose, falls, or simply a loss of dignity.

Almore’s next court date is set for July 13.

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This is an amazing story. A nursing home video camera catches a nursing caregiver deliberately dump an 85-year-old resident out of her wheelchair and onto the floor, and then simply walk away. In the horrific video, Nurse Jesse Joiner walks over the wheelchair, and abruptly jerks it to the left, causing the frail woman to fall hard on the floor. Incredibly, Joiner simply walks away as the woman is writhing on the floor. As if that weren’t stunning enough, minutes later another caregiver notices the woman on the floor, and does nothing for more than a minute. According to the new story, the victim fractured her hip in the fall. Her current condition is unknown.

As a firm that has handled numerous fall-fracture cases in the nursing home, including several that were supposedly “accidental falls” from a wheelchair, it is stunning to see this. You can bet that the nursing notes say that the resident fell on her own, and that she had some propensity to try to get out of her wheelchair. What’s also interesting is that the nursing home looks like a pretty nice place in the video, and according to the story has a clean record with state authorities.

As we always say, any unexpected injury, illness, or death should be examined. Also, you can never the judge the quality of a home by how it looks on the outside or inside. How many times have other residents at this home been injured or killed by incidents that were noted to be simple accidents.

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A Sacramento jury slammed an area nursing home with a $28 million verdict last week after it found the home liable for elder abuse and neglect. Before deliberations, attorney Ed Dudensing told the jury to, “make them feel it.” It did. The nursing home, as expected, will appeal.

What is believed to be the largest verdict of its kind, the jury hoped to send a message that if you’re going to run a nursing home, you better do it in a way that doesn’t jeopardize the health and welfare of its residents.

The jury came back with the huge punitive damages award the day after it found that the corporation Horizon West Healthcare and its nursing homes Colonial Healthcare committed elder abuse upon 79-year-old Frances Tanner. Tanner, a government worker who at one time worked for the FBI and Internal Revenue Service, was admitted into Colonial in March of 2005. After suffering a fall that went undiagnosed for days, she died seven months later for an infected bed sore.

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An elderly man with Alzheimer’s disease died as a result of a nursing home’s negligent care according to a report released by the California Department of Public Health. According to the investigation findings, the nursing home resident also was noted to have dysphasia, or difficulty swallowing. While being fed by a certified nursing assistant, the man began to cough and gasp for air. Though in obvious distress, no telephone call to emergency response was made for 20 minutes (something caregivers lied about to DPH). When paramedics arrived approximately 10 minutes later, the man was already dead.

The DPH issued a AA citation and an $80,000 fine for its failures.

The nursing home, Homewood Care Center in San Jose, was owned by Jack Easterday. Mr. Easterday was sentenced to 2 1/2 years in prison in 2007 for his willful failure to pay employment taxes. He was the owner of a company called Westline Medical Management, which owned Homewood Care Center and several other nursing homes in California.

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The California legislature has called for an investigation into why only one-third of the fines assessed against nursing homes for negligent care are being collected. The audit that was approved in February is expected to look how the funds are collected and how they’re spent.

Mike Feuer, D-Los Angeles told California Watch, “The whole point of having citation accounts and the penalty system is to deter nursing homes from doing anything but provide the highest quality care to residents. If the fines coming in are less than a third of (those) issued, it leaves one to wonder if the state is being as effective as it could be in protecting nursing home residents.”

Records obtained by California Watch reveal that in 2008 state regulators collected only $1.5 million of the $5 million that had been assessed against California skilled nursing facilities. In comparison, the same regulators have collected nearly 80 percent of the fines levied against hospitals. Kathleen Billingsley, the deputy director of the Department of Public Health Center for Healthcare Quality, said nursing homes who appeal fines do not have to pay until the process is completed.

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California Watch is out with a disturbing report alleging that California nursing homes that received more than $880 million in additional taxpayer funds under a law designed to boost care, took the money did the opposite by cutting staff and wages. [“Nursing homes received millions while cutting staff, wages“] In its investigation, California Watch found 232 California nursing homes that either cut staffing, or paid lower wages to workers after receiving money from the state.

It appears that many of the nursing homes investigated used the state money to improve their financial health, not the health of its residents, and those that cut the most staff had, not surprisingly, more deficiencies issued by state inspectors than those facilities that did not cut staff.

“There was an implicit good faith agreement that things would get better … and that was broken,” state Sen. Elaine Alquist, D-Santa Clara, told California Watch. “It was broken for the people of California and for a very vulnerable population – those that need the greatest care and those that can’t advocate for themselves.”

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It took jurors only five hours to convict 21-year-old Cesar Ulloa of criminal elder abuse for his brutal treatment of residents at the Calabasas nursing home where he worked. According to prosecutors, Ulloa would laugh as he attacked his victims, many of whom were to demented to be able to call for help. He faces life in prison.

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In one of the assaults, a fellow employee witnessed Ulloa jump on the chest of a non-verbal 78-year-old woman’s chest, and throwing her on the bed as she struggled. To another elderly male resident, Ulloa jumped off a dresser and landed with both knees on the man’s abdomen, seriously injuring the man. He apparently would laugh with delight while brutalizing the patients.

Suspicion over Ulloa actions was raised after the wife of a resident received an anonymous phone call the day after her husband’s funeral. The call said that her husband had been abused, and that his death may have been related to the abuse, something the family suspected. The police were notified, and the victim’s body exhumed for an autopsy that revealed more than 24 fractures. The man’s death was determined to be caused by blunt force trauma.

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The healthcare reform bill signed by President Obama this week will have an impact on nursing homes and long-term care. The most dramatic change will come in the form of long-term care insurance, and provision that was long championed by the Senator Edward Kennedy. Under the Community Living Assistance Services and Support Act (CLASS), all Americans will automatically be enrolled in a long-term care insurance program, but will have the option to opt out.

Under the Act, individuals will start paying a premium immediately, and will be able to use the benefit after five years of contribution to the program. The benefit, though, is not much, as it is expected to be about $50 per day to offset other long-term care costs.

The healthcare reform bill will also start to close the “donut hole” in Medicare Part D coverage for prescription drugs. Patients will immediately begin receiving a rebate for drug costs that fall into the gap, and drug manufacturers will be required to provide a discount on brand name drugs. Over time, the gap in coverage will be phased out entirely.

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