$508,000 Verdict in Improper Transfer Negligence

The Patriot Ledger reported a recent $508,000 verdict against Kindred in Massachusetts by the great trial attorney David Hoey.  The case involved a 93 year old John J. Donahue, a former patient at Brockton’s Embassy Rehabilitation and Health Center.   He was hit in the eye with the cradle bar of the Hoyer Lift. The CNA was not properly trained and was using the lift by herself when it required two people. The facility waited 18 hours before they sent him to hospital where as a result of the damage to his eye it had to be removed.  Donahue died 47 days later, but the jury did not find that the injury contributed to his death.

A Brockton Superior Court civil jury ordered Kindred Healthcare to pay the damages to Marlene Owens.  Donahue’s eye was crushed iwhen he was struck by a piece of a Hoyer lift, a device designed to help injured or disabled people move between their beds and chairs.

Donahue had suffered a debilitating stroke and required assistance moving back and forth from his chair and bed, said Hoey, who has specialized in nursing-home cases for 14 years.

 Considering their recent financial returns, Kindred should have no problem paying the verdict.  Consolidated revenues rose 1% to $1.1 billion.  Each operating division reported revenue growth compared to last year.  See article here.

 

Falsifying Medical Records

Milwaukee-Wisconsin Journal Sentinel had an article about the horrible care and fraudulent documentation at Mount Carmel Health and Rehabilitation including 35 violations of regulations for minimum care.  "Records also show, however, that the 35 citations issued so far this year to Mount Carmel are close to the 40 citations issued in all of 2009 and more than the 25 issued in 2008, according to the state Department of Health Services."

Staff at the state's largest nursing home recorded on charts that a 41-year-old brain-damaged resident was in his bed watching TV when he was sitting in jail. The man spent five days in custody,  Staff had continued to mark on charts that he was at the facility through the night and into the morning of May 17. 

The man wandered away from Mount Carmel and was arrested for "prowling" more than four miles away.  The nursing home was aware that he was a wandering risk and were ordered by phyisicians to check on him every 15 minutes. The other violations cited this year include failing to communicate with a recent amputee and failing to provide for five residents at risk of falling, including one who was hospitalized for a broken jaw after falling out of his wheelchair.

Licensed for 473 beds, Mount Carmel is the largest of the 397 nursing homes in Wisconsin, according to the Department of Health Services. In January 2009, Kindred Health Care, a Louisville, Ky., for-profit company resumed operation of Mount Carmel. After operating with a probationary license for one year, Kindred was given a full license in January of this year.

The citations issued this year include two identifying "actual harm" to residents and five for violations that constitute a "direct threat to health, safety and welfare," state records show.

Other citations
Among other things, Mount Carmel was accused of:

• Failing to provide appropriate supervision and assistive devices to five out of 10 residents identified by Mount Carmel as being at risk for falls.

Three of the five had fallen since last December, including one who suffered a broken jaw and an eye socket "blowout." A hospital that treated the woman reported the incident to the state but Mount Carmel, which was required to report the incident, did not.

• Failing to assess and treat pain, depression and other problems experienced by a 51-year-old woman.

• Sixteen of 32 residents reviewed were not treated "in a manner that maintained their dignity."

Two were kept in a small alcove near an exit; at least six were kept in an old nursing station or in a hallway for extended periods; and an incontinent resident said staff turned off his call light four times after he sounded it and had a bowel movement before any staff took him to the toilet.

The September inspection also found that after a resident complained of hip pain, Mount Carmel did not notify a physician for two hours and 15 minutes. The doctor ordered an X-ray, but the order was not relayed by a nurse for 2 1/2 hours. The X-ray revealed a broken hip.

The article had a Summary of violations Mount Carmel Health and Rehabilitation Center in Greenfield was cited for 35 state and federal violations so far this year. Among them:

March 2010: A 51-year-old resident who had her right leg amputated below the knee in December 2009 did not have staples removed as of March and no adequate assessment or treatment of the resident's "phantom pain" in the leg had been done.

Mount Carmel also was cited for failing to communicate with the resident, who did not speak English, in Spanish. Among other things, staff was not aware that the resident experienced phantom pain and that she had been dropped by staff. A registered nurse told an investigator she didn't need a Spanish interpreter because relied on documents and the resident's gestures and facial expressions.

Also in March, an investigator found that 16 of 32 residents reviewed were not treated "in a manner that maintained their dignity." Two had been transported in shower chairs with bare legs or buttocks exposed; two were kept in a small alcove near an exit; at least six were kept in an old nursing station or in a hallway for extended periods; an incontinent resident said staff turned off his call light four times after he sounded it and had a bowel movement before any staff took him to the toilet.

January 2010: A federal investigator finds that, going back to December, five out of 10 residents identified by Mount Carmel as being at risk for falls did not receive appropriate supervision and assistive devices, and that three of them fell. A 92-year-old resident who needed supervision was dropped off at a medical appointment by herself. .

Dec. 3, 2009: A resident who lacks the ability to move in bed, is found on the floor next to her bed. She suffers a broken jaw and an eye socket "blowout," according to a federal investigator. The hospital reported the injuries to the state Office of Caregiver Quality, but Mount Carmel, which is required to make a report, did not. When the investigator asked a Mount Carmel administrator on Jan. 11, five weeks after the incident, whether Mount Carmel had reported the incident to the state, the administrator said no report had been made because Mount Carmel "felt they knew how the incident occurred."

Nov. 5, 2009: Resident suffers laceration to left palm requiring sutures in a hospital emergency room. Hospital reports the injury to the state, but Mount Carmel did not. Mount Carmel could not determine how the incident occurred.

 

Profits Soar in Nursing Home Industry

Many corporations provide insufficient staffing, training, and substandard care to pad their books and make outrageous profits.  Kindred Healthcare, Inc. recently announced its operating results for the first quarter ended March 31, 2010.

First Quarter Highlights:
Consolidated revenues rose 2% to $1.1 billion
⎯ Each operating division reported revenue growth compared to last year
• Reported diluted earnings per share totaled $0.38, including $0.06 of certain charges
⎯ Excluding the charges, first quarter earnings were at the high end of the Company’s guidance
range of $0.35 to $0.45 per diluted share
• Hospital volumes continued to improve
Reported admissions grew 3% from last year
⎯ Same-facility aggregate admissions grew 3%; same-facility commercial admissions grew 12%
⎯ Volume growth in the quarter was partially offset by softer Medicare and commercial pricing
• Nursing and rehabilitation center admissions grew 5% in the first quarter compared to last year
Reimbursement rates were generally in line with expectations
• Peoplefirst Rehabilitation continued to demonstrate consistent operating results
⎯ Division signed 28 net additional unaffiliated contracts compared to a loss of three contracts in the first quarter last year

See report here.   But the nursing home industry will insist they can't make any money because of alleged cuts in Medicaid and Medicare reimbursements, and, of course, on "frivolous" lawsuits.  Ridiculous.

I hope all of our loved ones are safe on this Mother's Day.
 

 

$90,000 fine for fatal fall

San Jose Mercury News had an article about a Stockton nursing home facing California's stiffest penalty after state investigators found the facility did not adequately protect a 92-year-old resident from a fatal fall.   The 120-bed Valley Gardens Health Care and Rehabilitation Center received a "AA" citation and a $90,000 fine for the 2007 death of retired Stockton businessman Robert Doscher.

A California Department of Public Health report found staff at Valley Gardens failed to check on Doscher as often as his chart recommended.  The state said Doscher's death certificate listed his cause of death as accidental from falling down on his head in the bathroom.

 Recordnet.com had additional information in an article.  Valley Gardens failed to ensure that the 92-year-old Doscher was adequately supervised and, as a result, he fell and later died, according to Dr. Mark Horton, director of the California Department of Public Health.  By its own assessment, Valley Gardens knew that Doscher was a serious risk to himself but it failed to act properly in protecting him from falling, according to the state's recently concluded investigation.

Doscher was admitted to Valley Gardens on May 18, 2007, from an acute-care hospital. He required the use of a walker when he was admitted, and it was initially planned that he could be discharged to a board-and-care facility when his condition stabilized. He was assessed by Valley Gardens nursing staff as a "high risk for falls" and his chart indicated that he should be checked every one to two hours. Also, he was to be told not to get up without assistance; a motion-monitor alarm was to be used to alert staff to any unsafe activity; and he should have been placed in front of a nursing station for closer observation.

Three days after he was admitted, he was found on the floor, where he hit his head, apparently after falling while trying to get back into bed by himself, according to the state's report. As of June 4, the report notes that "there was no documented evidence the resident was checked on every two hours" and he still was not located in front of a nursing station, as required by his assessment.

On June 12, two days before he died, he was again discovered on the floor, apparently after a fall. The report notes that "resident A rapidly developed a change in condition manifested by agitation and then a decrease in his level of consciousness." The next day, he was taken to an acute-care hospital in a comatose state, and within 24 hours he was dead.

Doscher's death certificate, according to the state, listed his cause of death as "accidental from falling down on his head in the bathroom," resulting in an acute subdural hematoma from blunt force trauma.

Valley Gardens is a for-profit skilled nursing facility owned by Kindred Healthcare Inc. of Louisville, Ky. Kindred, with revenue of more than $4 billion as of June 30, operates 222 skilled-nursing facilities and more than 650 health care programs in 41 states, according to its Web site.

Its Stockton facility has a two-star "below average" rating - out of five stars - on Medicare's Nursing Home Compare Web site, which looks at health inspections, nurse staffing and quality measures and then assigns ratings based on nationwide standards.

 

 

Nursing home profits soar despite recession

Kindred Healthcare which owns and operates dozens if not hundreds of long term care facilities in the U.S. made very impressive profits despite the tough economic times.  See report here.

Net income rose by 30% in the fourth quarter compared with the same quarter a year earlier.

Profits rose to $21.2 million in the fourth quarter, up from $16.3 million in 2007. Consolidated revenues also increased by 5% to a total of $1.1 billion, according to the company's quarterly report. Diluted earnings per share were $0.56, compared with $0.51 the year before.

"The quarter was highlighted by a strong rebound in our hospital business and the significant strengthening of our financial position as we move into 2009," Kindred CEO Paul Diaz said in a statement. "Our nursing centers continued to report stable operating results despite some softness in our
Medicare volumes."

In light of the good financial news, Kindred Healthcare adjusted its 2009 earnings per share range forecast to $1.35 to $1.45, up from $1.30 to $1.45.
 

With profits like these, how can they claim they need more tort reform?

Patient loses 87 lbs in 19 days

Nutrition is the most important aspect of a nursing home resident's case.  Any weight loss makes a patient more susceptible to illness, infection, and death.  I have read a couple of articles about a nursing home patient who lost 87 pounds in 19 days and I still do not understand how it could happen and why it is not considered criminal neglect.  

State and federal agencies have filed numerous sanctions against the Winchester Centre for Health and Rehabilitation since August, when a patient lost more than 87 pounds in 19 days and the nursing home failed to call a doctor.  At the end of the 19 days, the patient was found unresponsive and was taken to the hospital.  The unnamed medical director at the Clark County nursing home is quoted (with the understatement of the year) as telling an investigator that the patient did not receive good care: "It was not a good experience during his three-week stay, and I think he suffered for it."

The lack of response is amazing.  The Federal Centers for Medicare and Medicaid Services is threatening to pull the facility's funding in February and has warned that the facility could be fined up to $6,050 a day if conditions don't improve, according to correspondence between the nursing home and the federal agency.  I can't believe they didn't shut this place down immediately and determine where the money went that was supposed to go to the residents.

Officials with Kindred Healthcare in Louisville, which owns the Winchester nursing home, say the facility has no plans to close. If the funding is cut off, the patients who receive Medicaid and Medicare will be sent to other facilities.  There are 166 patients at the facility.

The nursing home did not contact a physician or monitor a patient being treated for swelling and other problems. The patient lost more than 87 pounds, dropping from 197 pounds to 109.4 pounds, in 19 days When the patient was admitted to a hospital, a physician there told state investigators, "I would never want anyone to lose weight that fast. That is too fast."

A second Type A citation was issued Jan. 12, after a patient received the wrong dosage of an anti-seizure medication for 40 days in November and December, an error that wasn't discovered until the patient suffered a seizure. The patient was supposed to have received a daily dose of 450 milligrams of extended-release capsules by mouth, but the nursing home staff gave 400 milligrams through a feeding tube, which altered the medication's effectiveness. The facility didn't have a system to make sure that medications were administered properly, according to the Jan. 12 citation.

Records of state inspections and investigations show that physicians were not notified when patients' conditions deteriorated and doctors' orders weren't followed for patients with serious medical conditions. Inspections since 2007 also have turned up problems with cleanliness, disrepair and the temperature of food served to patients. 
In one case in September, the nursing home did not notify a physician when a patent's pressure ulcer worsened and the patient had to be hospitalized as a result. The physician told state investigators that the problem should have been detected sooner and that the patient did not receive "the best of care" at the facility.

 

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...