Stealing money from dead resident

Seattle PI reported the arrest of Gloria Corpuz Hall who was the operator of a Federal Way home for the elderly.  She is facing felony theft charges on allegations that she stole thousands of dollars from a deceased resident.  Prosecutors contend Gloria Corpuz Hall stole $21,775 from the accounts of an elderly woman who had been living at Hall's adult family home, Liberty Adult Care.

According to charging documents, Hall -- a 54-year-old Federal Way resident also known as Gloria Castillo Corpuz -- began drawing money from the woman's accounts months after her death on Jan. 21.  A review of the woman's bank statements, the detective continued, showed Hall had transferred money or forged checks on the woman's accounts at least 20 times.

Hall is alleged to have admitted to the thefts when confronted by police. Writing the court, the Federal Way detective said Hall complained that "she was behind on her mortgage and needed the money."  Charged with only one count of first-degree theft, Hall has not been jailed in the case
 

Lawsuit for failing to protect resident

The Boston Herald had a story about the lawsuit filed against a nursing home for failing to protect a resident from an assault by another resident.  Nursing homes have a duty to keep residents safe and protected. 

Elizabeth Barrow suffered blunt impact to her head and torso and widespread internal hemorrhaging. The cause of her death was ruled strangulation and suffocation by plastic bag.
Scott Barrow’s civil action filed in Newburyport Superior Court names Brandon Woods and members of its staff as defendants along with the resident who was involved. Laura Lundquist stands accused of brutally beating and strangling Elizabeth Barrow in September, then wrapping a plastic bag around her head as the centenarian widow lay in bed at  Brandon Woods.  Prosecutors have said Lundquist was upset over the number of visitors Elizabeth Barrow received and that her bed had a choice window view.

Elizabeth Barrow was “bruised and battered and strangled. This can’t be happening quietly at 6 in the morning,” said attorney Suzanne McDonough. “There’s a staff in this place for a reason. Otherwise, just call it a hotel.”

Lundquist is still undergoing a mental-health evaluation at Taunton State Hospital.

 “All (Brandon Woods) had to do was provide for safety,” she said. “We’re not talking about open-heart surgery or end-of-life decisions. It’s about day to day living in a residential facility.”
 

RN stops CPR on resident

The Star-Tribune had an interesting and scary article on a nurse who stopped giving CPR to a resident.  A registered nurse wrongly ordered a halt to CPR on a resident at Woodbury Health Care Center.  The resident was dead before emergency responders could take over. On arriving at the home they questioned why CPR was stopped.

The nurse, who was not identified in the report, had a history of disciplinary actions. "She is dead," the nurse told a fellow staff member soon after he began applying chest compressions on the resident according to a state Health Department report. The staffer kept up resuscitation efforts until the nurse repeated her command to stop by yelling at the staffer.

Clearly, this is a serious violation of a resident's rights.  Residents have a right to any and all treatment that will prolong their life.

The nurse's personnel file, included in the report, shows that she had been cited for needing to improve her job knowledge, professionalism and relationships with subordinates, residents and families. A doctor filed a formal complaint against her in 2007 for "improper conduct" and in 2009 she was disciplined for failing to follow wound-management protocol.

Until late last year, Woodbury Health Care Center was on the federal government's list of about 200 nursing homes that get closer scrutiny, including semiannual inspections, because of a history of regulatory problems. Inspectors found 23 rule infractions in the home's annual inspection in April 2008; that was down to the state average of nine a year later.
 

Know Your Rights as a Nursing Home Patient

This guest post is contributed by Jennifer Johnson, who writes on the topics of Nurse Practitioner Schools. She welcomes your comments at her email Id: j.johnson19june@gmail.com.

It's always good for both the nursing home patient and their family members to understand what the patient's rights are while he or she is under the care of a nursing home. Knowing how a patient should be treated—medically, physically and emotionally—starts by having a clear understanding of the foundational rights provided to patients through the Federal Nursing Home Reform Act, part of the Omnibus Budget Reconciliation Act of 1987 (aka OBRA '87).

The Act, which was rolled up into OBRA '87 as part of one big package, sets up minimum standards of care and establishes rights for people living in certified nursing facilities in the U.S. The Act spearheaded a continual move away from nursing homes having almost an old-school prison or insane asylum mentality and includes measures that help protect a resident's quality of life as well as quality of care.

Some of the key provisions in the Act include:

• A resident will maintain and, if possible, improve their ability to walk, bathe and perform other daily living activities unless medical reasons prevent them. Alongside this is the resident's right to be free from unneeded physical (or chemical) restraints;
• Residents' medical conditions will be assessed and an individualized care plan must be developed for them;
• All paraprofessional staff must receive the appropriate amount of hours of training and testing;
• A resident must be allowed to stay in the nursing home even if the facility does not receive payment, or if the resident's medical condition changes drastically;
• The right of a resident to maintain personal funds with the nursing home (or designate a trusted person to do it for them), to return after an overnight stay with family or friends, to choose their own physician, and to access their own medical records;
• The nursing facility is prohibited from breathing down the neck of family members to pay for Medicare and Medicaid services.
• Ramifications for facilities that fail to meet minimum standards.

Medicare also informs patients of their rights in a nursing home to be treated with dignity and respect, to be informed in writing of all services and fees, to manage your own money, to have a certain amount of privacy, to maintain certain unharmful personal belongings, and to refuse medications and treatments.

If a patient or his or her family have reason to believe these rights have been violated, the family may wish to take legal action, for the sake of the resident and all other residents in the facility.


 

Resident to Resident Assault

The Chicago Tribune (once again) had a great article on the lack of supervision in Fox River Pavilion nursing home which caused the sexual assault of a disabled resident by another resident with a history of violent behavior and mental issues.  The victim's family filed a lawsuit.

The suit alleges that Graves, 39, sexually assaulted and beat the woman in his room at the home. The suit says Graves has been arrested multiple times and suffers from bipolar disorder and other mental issues. The nursing home should have more closely monitored or restricted Graves, and it failed to provide additional security or therapies that may have treated his anti-social behavior.

The woman, who the lawsuit said suffers from dementia, went to a nurse's station after she was assaulted and was "in a bruised, battered and bloodied condition," according to the suit.

In February, state and federal officials terminated funding to the home after investigating that case and others. State reports say a lack of staffing contributed to resident-on-resident attacks, and that staff failed to properly monitor and treat aggressive mentally ill felons housed there.

 See related article from the Beacon News about the family's lawsuit.

Duty to Protect from Sexual Assault

Contra Costa News had an article about another lawsuit where a nursing home did not protect a resident from a sexual assault.  At least one and possibly two other residents of the same nursing home were sexually assaulted by a man on the evening of Feb. 16.  A criminal investigation is ongoing, he said.

The lawsuit alleges the victim, identified only as Jane Doe, suffered elder abuse and neglect while living at Heritage Rehabilitation Center.  The woman was sitting in a wheelchair in her room when a man entered through an unlocked window, the suit states. The woman asked if he was a maintenance man and he said no. Then he sat on her lap and fondled her.  The "terrified" woman threatened to call for help, prompting the man to leave the same way he entered. He "said he would be back for her later," the suit states.

"Defendants conceived, implemented and carried out a scheme to place profits over people at the facility," the suit alleges. "Defendants intentionally underfunded and understaffed it in order to decrease expenses and increase profits."

"To our knowledge this guy hasn't been found," attorney Morgan said. "This was an active time of the day and there was nobody anywhere, which supports our theory they didn't have enough staff in there to look after residents or see people coming in from the outside."

Heritage Rehabilitation Center opened in 1974 and has 161 beds, according to a Web site that grades nursing homes operated by the U.S. Department of Health and Human Services. The facility has 133 residents.  Among the deficiencies cited in November 2009 was a failure to "develop a complete care plan that meets all of a resident's needs, with timetables and actions that can be measured." The deficiency, which affected "a few" residents, was corrected the following month.

"The purpose of us taking these cases is to hold the nursing homes accountable when they understaff and underfund the facility and put residents at risk," Morgan said. "We cannot undo what happened to this lady, but we can hopefully stop this from happening to somebody else."

 

 

Resident to Resident Assault

The Daily Times reported a lawsuit filed against Asbury Place Maryville charging that resident Katheryn Hill was sexually assaulted by another patient last March.  Nursing homes have an affirmative duty to protect the residents from abuse.  The suit alleges that Hill, then 65, was admitted to Asbury Acres Nursing Home during March 2009 and was sexually abused on March 13 by another patient, the late James Charles Strickland. 

Strickland “was a convicted violent registered sex offender pursuant to the convictions for rape and incest from 1992.”   Marjorie Shonnard, vice president of operations for Asbury, said .“We do admit that there was an incident between two residents. It was fully investigated. We worked with all the property authorities — the State of Tennessee, Adult Protective Services and the police (Maryville Police Department),” she said.Shonnard said she cannot reveal the findings of that investigation.
 

Nursing home fails to protect resident from violent assault

San Antonio's KENS5 had an article about the investigation into a local nursing home failed to keep a violent man from assaulting a female resident.  Her family not only wants justice against Daniel Villareal, the man who choked and beat Maier, but also the Brookdale Living Center to be held accountable for leaving their back door unlocked.  The Texas Department of Aging and Disability has finished it's investigation and revealed the facility neglected to "to have a key to lock the door" and that "no headcount was taken after the alarm sounded."

They didn't even bother to check to see if the resident was okay,  We give them our grandparents and our parents to protect.  I don't think it's a hell of a lot to ask to do one thing. Lock a door.  Her past four months have included being assaulted and three major operations.  That's the thanks she gets for trusting these people.

The regional vice president for the Clare Bridge Brookdale Senior Living Center John Nienstedt, reported that no employees were fired following the incident and that they will remain open after they provided a plan of correction to the state.

 

Staff retention and resident longevity: Are they related?

Long Term Living posted a response to a question submitted to their site on turnover rates and resident longevity/mortality.  It is a great question and the answer was interesting by Susan D. Gilster and Jennifer L. Dalessandro

A reader asks, “Is there a correlation between nursing staff length of service and resident longevity? 

 While we cannot point to a specific piece of research that specifically correlates resident longevity to staff retention, what we do know is that consistent staff and low turnover does result in better care and enhanced resident, family, and employee satisfaction.

 

Turnover and the impact on residents in assisted living and long-term care have been studied. Nicholas Castle (2007) measured the effect of administrator turnover on the quality of care and determined that leadership turnover leads to many negative outcomes for residents.1  He found that when there is a loss of an administrator there are increasing pressure ulcers, resident catheters and use of psychoactive drugs, deficiencies and citations, and over twice the normal turnover of staff. Sadly, the turnover for administrators in assisted living and long-term care ranges from 43%-70% annually. When an administrator leaves, so does staff—RN turnover rises to 76%, LPN’s to 78%, and certified nursing assistants to 107%!  In addition, turnover often results in increasing workloads for the remaining staff. And it is expensive. An average community housing 200 residents often spends as much as a million dollars per year on staff turnover.

 

It is clear that staff turnover influences the quality of care, is very expensive, and diverts monies that could have otherwise been spent on care.1 Turnover truly weakens the level of care provided and directly affects residents. Changes in staff distresses residents who develop relationships with caregivers, relying on them for recognition, support, and kindness—only to find that they are gone and a new person has taken their place. Can you imagine, when you are most dependent upon another human being for care, seeing that your needs are addressed and desires met and suddenly they are gone? Now you have to rely on a stranger who may or may not care to know you as a person, ensure that your needs are addressed, or be there when you call?

 

It is important for those of us working in assisted living and long-term care to remember that we are in the “people business,” and that our product or service, so to speak, is about meeting the needs of people, long term. Unlike acute care settings where time is often limited, long-term care offers the opportunity to meet and know the residents we serve and their families. Human relationships are special and it does not really matter where people come from, what they have experienced, where they live or play. People are all the same at the core. We all need respect, a sense of belonging, to be included, appreciated, valued and loved in order to survive. Consistent, knowledgeable, caring staff that has come to know the resident as a valued person and not a task will provide the kind of care that encourages a desire to live and nurture relationships with others. Regardless of the resident’s ability to participate, being with people each day is what makes life worth living.

 

Consistency creates a positive environment for staff as well, who enter this field with a desire to serve and genuinely care for others. Encouraging relationships means that leadership must allow for consistent staffing as well as value and reward employees for the good work they do. Leaders must allow employees the time to visit with residents and families, to know them personally, their life, their experiences, accomplishments, needs, and desires. Whether expressed from the resident or shared by the family, staff needs to hear the stories and experience the resident’s reactions and emotions directly. Staff should come to know the resident from many perspectives, and when they do it is a beautiful experience where everyone benefits.

 

It does not, however, happen by chance. Staff and resident longevity exist when leadership and staff value relationships and respect. This is found only in an organization that is committed to a vision and philosophy of service, where the vision lives in the daily life of all in the facility.

 

References:

 

1. Castle, NG; Engberg, J; Anderson, RA: Job satisfaction of nursing home administrators and turnover. Medical Care Research and Review 2007; 64(2):191-211.

 

Increase of mentally ill in nursing homes

Here is an interesting article from the Chicago Tribune stating that mentally ill patients now constitute more than 15% of Illinois' total nursing population (92,225) and the number of residents convicted of serious felonies has increased to 3,000, including 82 convicted murderers, 179 sex offenders and 185 armed robbers.  These are troubling statistics and may explain the increases in resident to resident assaults, rapes, and molestation.  Hopefully, the nursing home industry will decide to increase staffing to supervise residents with a history of violence or criminal behavior.
The article mentions several instances where the mentally ill and the nursing homes' lack of supervision caused injuries and death to residents.

More than any other state, Illinois relies heavily on nursing homes to house mentally ill patients, including those who have committed crimes. But the Tribune investigation found that the industry has failed to adequately manage the resulting influx of younger residents who shuttle into nursing facilities from jail cells, shelters and psychiatric wards.  The state's background checks on new residents are riddled with errors and omissions that understate their criminal records, and homes with the most felons are among those with the lowest nursing staff levels.  The facilities had a financial motive for accepting them, suggested Richard Dees, chief of the state public health department's Bureau of Long-term Care. When "the number of seniors going into nursing homes began to decline, there were facilities with empty beds," Dees said.

Meanwhile, state authorities don't track assaults and other crimes in nursing homes, making it difficult to uncover patterns and address the problems caused by unstable individuals.  Police reports show that since March 2008, police reported 511 cases of assault or battery, 27 cases of criminal sexual assault and 24 narcotics violations in city nursing homes.  The Tribune documented instances in which nursing homes failed to report attacks to the state health department as required by law. At the same time, state inspectors do not compile incident reports in a central location. And because the health department's computerized case-tracking software is antiquated and ineffective, department officials have difficulty assembling and analyzing the facility reports to uncover patterns of attacks at unsafe homes, the Tribune found.

Several national studies question whether they receive meaningful psychiatric care in nursing facilities. A pending class-action lawsuit, brought by the Bazelon Center for Mental Health Law and the American Civil Liberties Union, describes some Illinois homes as filthy, frightening holding pens where "groggy" residents watch TV in crowded, noisy common areas or are directed over loudspeakers to wait for medication and meals in long lines.

 

 

 

 

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...