Nursing Home investigated for Abuse

The Winston-Salem Journal had an article about Clemmons Nursing and Rehab Center possibly losing the ability to be reimbursed by Medicaid and Medicare for failing to follow OBRA regulations and other standards of care.  Clemmons is facing federal and state claims that it isn't properly caring for residents after investigators found that employees injured a patient by carelessly picking her up out of a wheelchair and throwing her onto her bed.  The state's investigation cited concerns about residents' physical and mental health and said the nursing home failed to comply with its policies and procedures, such as filing timely reports on incidents.  The center also was cited by the state for not properly observing residents' medication regimens and not properly cleaning some female residents' genitals.

Medicare may no longer make payments to the center for new inpatient services, and would only make payments for up to 30 days for patients admitted before June 19.  However, federal and state agencies have in the past extended the compliance deadline, depending primarily on whether the facility shows initiative in addressing deficiencies.

Clemmons is operated by Forsyth Health Investors LLC. The center has 120 beds and 71 residents.  The center also received a notice, dated June 1, that its state certification was in immediate jeopardy. 

The state agency recommended to Medicare that the center be fined a civil penalty of $10,000 for each incident.  A survey by the federal Medicare and Medicaid agency, released in December, gave the center two out of five stars, with five being the highest. The rankings focus on three categories -- health inspections, staffing and quality measures.

See full report here.

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.”
 

Resident Suffers Severe Burns

BakersfieldNow had an article about the neglect suffered by Anita Ramirez after spending less than two weeks at LifeHouse Parkview nursing home.  The family discovered that Ramirez ended up with serious burns during her brief stay. Ramirez was sent to the nursing home to resolve a bedsore from a recent hospitalization

"She needed to be turned every two hours," Dias (daughter) said. "And she was on an I.V. antibiotic, and they felt this was the best course of action."

The family soon had concerns about Ramirez' care.  Another daughter, Amanda Ayala, was very worried and she called police to help get Ramirez transferred to the hospital.  "The same nurse that saw her two weeks or three weeks prior, saw her -- and said, What happened to you?" Dias said. "One of the nurses that bathed her cried, and said nobody deserves this."

The doctors then ordered Ramirez to be transferred to the burn center at San Joaquin Hospital. 

"Once they did an evaluation, they came to realize that these were severe burns all over her body," Dias said. The family has photos showing badly damaged and darkened skin. "She literally has no skin left on parts of her body," Dias said.

The article states that Eyewitness News contacted the California Department of Public Health, and spokesman Ralph Montano said the agency "can confirm an on-going investigation regarding Parkview Health Center." He could not say if that relates to the complaints regarding Ramirez.

Checking the state Health Department website, two complaints are currently on file regarding the LifeHouse Parkview facility on Real Road, but one is from mid-March and the other was started in mid-January.


 

Administrator covered up sexual assaults

Bristol Herald Courier had an article about the Virginia Medical Licensing Board's conclusion that reports of sexually abused nursing-home patients were both ignored and discouraged by supervisors at the National Health Care-Bristol facility.  The accusations against two current NHC-Bristol staff members and a former nursing director detail a series of assaults already attributed in court documents to ex-nursing aide James Wright.

NHC-Bristol Administrator Charlotte Wilson is accused of failing to investigate reports of sexual assault on 12 patients from 2000 until 2008. She also is accused of neglecting to pass the reports on to the patients’ doctors, or to Adult Protective Services. Wilson also is accused of setting up a chain of command that led to a dead end for reports of abuse, while also circumventing state law.

“Until 2007, you enforced a policy that employees could report allegations of abuse only to their next superior, rather than to the administrator and any state or local official as required by law,” states the complaint against Wilson.

 

Is this Justice?

The Ohio Supreme Court has enacted a monumental change that impacts doctors and patients, shifting malpractice judgments from doctors’ insurers to the taxpayers.  More info at WCPO.  The decision limits recovery, ignores the right to a jury trial, and promotes injustice and inadequate compensation. The ruling means your private doctor can make a serious medical mistake - take off the wrong leg, operate on the wrong side of your brain - and you can never sue him in a jury trial.   No other state has ruled the same way. 

The Theobald ruling was named after Keith Theobald. Theobald was a healthy, fit husband and father of two young children, when an elderly driver clipped his pickup truck as he was driving to work 11 years ago. The impact flipped the truck across all lanes of the highway into a field, crashing in a stand of trees. Rescue workers found Theobald hanging upside down in a tree. He was paralyzed from his chest down.

Theobald and his wife, Jacqueline, took the news in stride. “I remember pre-operatively we said, ‘You can still do basketball with Jake (his then 5-year-old son) and watch TV and share things with the kids. We’ll get a van and we’ll adapt it.’” Keith Theobald agreed. He felt he could still work and live a full life. “I could do about anything. The wheelchair doesn’t hold you back.”

Theobald could see and use his arms after the accident. He was alert and ready the next day when doctors at University Hospital suggested surgery might improve his back injury.

Instead, he woke up in a different world. Not only was he still paralyzed, but now he also was blind and had lost the use of his armsMedical records prove a series of mistakes during surgery led to oxygen deprivation and injuries worse than the accident had caused.

Trapped in darkness and unable to move on his own, Theobald will need round-the-clock care the rest of his life. He sued the doctors who did the surgery, only to get this devastating shock: The doctors weren't liable. They had immunity from all malpractice claims because they had students in the room with them.

In the Theobald case, the Ohio Supreme Court ruled that doctors who sign with a state university like the University of Cincinnati to let medical students learn from them, even if that just mean one student walking in the room for a second, now are considered state employees. As such, they get immunity if anything goes wrong on the job, even in their private practices.

Jacqueline Theobald says, “The state didn’t come in and take care of Keith. The university didn’t come take care of him. This doctor took care of him. We’re suing the doctor.”

But the Ohio Supreme Court said they couldn’t sue the doctor because some students were allegedly in the operating room, the doctors were teaching per their State of Ohio U.C contracts. Therefore those doctors were not liable for any mistakes. Instead, the Supreme Court ruled that the Theobalds belonged in the Court of Claims, a separate court set up in 1980 to handle suits against the state, usually against public state employees like highway workers, never before used to protect private doctors in their private practices.

The Court of Claims has no juries. Single judges, hired by the state, issue rulings for or against the state. The top award is $250,000, no matter the severity of the damages. Most importantly, the taxpayers foot the bill, not doctors’ malpractice insurers who must pay when suits are filed in county courts of common pleas.

Of course, Keith Theobald never knew to ask if a student would be watching his operation, and if so what the impact might be. But if you think doctors from now on will have to tell patients and get consent to have students in the room, you’d be wrong. The Supreme Court ruled the law doesn’t demand disclosure. No one has to inform patients they could lose their rights to sue the doctors without ever knowing it.

Keith Theobald hasn’t lost hope for a medical miracle. But in the end, he never did get a chance at even the Court of Claims the Ohio Supreme Court said he should access. That’s because the same state attorneys for U.C. who argued that’s the court where the Theobalds belonged, now argued it was too late. The statute of limitations had passed. No recovery, not even $250,000, for Keith Theobald’s lifetime injuries.

 

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.

 

 

 

 

Lack of staffing led to death and cover up

Tony Bartelme of The Post and Courier had a great article about Alzheimer's, violence, and a cover up in nursing homes using the story of Dwayne Walls. It is a tragic story and clearly preventable.  Below is a short summary of the article.  Dwayne Walls was a resident of Veterans' Victory House, a large nursing home near Walterboro, who suffered Alzheimer's.  One day, they moved Walls to another room and put a dangerously psychotic patient in his old one. His wife warned nurses that Walls would try to return to his old room. "They said they were going to really watch him. But at midnight, I got a call that he had gone to his room and gotten beaten to a pulp," she said.

One night Walls went into another patient's room and climbed in an empty bed. Moments later, another patient walked in. He was 88 years old and also had dementia.  A nursing aide saw the man hitting Walls with his cane. Walls was on the floor, bleeding and unconscious.  An ambulance took Walls to the emergency room and phoned Walls' wife, Judy Hand. That night and over the next four days, they told her that Walls had merely fallen; they didn't mention the beating. Walls spent the next week in bed, and Hand was at his side when he died.   The nursing home's doctor later would write in Walls' file that his patient had contracted fatal pneumonia after becoming "immobile," but that the beating didn't account for this immobility.

In December 2006, investigators with the U.S. Department of Justice visited the facility: Staff gave patients wrong foods and medications and too often used physical restraints to control behavior problems. They found that the facility was poorly equipped to handle combative Alzheimer's patients.

"There appears to be no formal behavior program for residents diagnosed with Alzheimer's disease, placing residents at heightened risk for the use of physical or chemical restraints to control behavior, and placing them at heightened risk of physical assault by other residents who may become frustrated at their repetitive speech or wandering," investigators concluded.

The state Department of Mental Health owns the facility but has a contract with a private company called Advantage Veterans Services of Walterboro to run it. The company is affiliated with HMR Advantage Health Systems, which is based in Easley and operates 26 nursing homes in South Carolina and elsewhere in the Southeast.

Nearly 80,000 people in South Carolina have Alzheimer's, enough to fill the University of South Carolina's Williams-Brice Stadium, and that memory loss isn't the disease's only troubling effect: More than two-thirds will exhibit some form of agitation or combative behavior.  Aggressive behavior is a normal part of the brain's breakdown, nursing homes don't hire enough people to meet the needs of these patients. Many blacklist Alzheimer's and dementia patients with histories of aggression, leaving already stressed families and loved ones with few options.

There is no cure for Alzheimer's, but doctors are zeroing in on its causes. One leading theory involves proteins. Healthy people have stringlike proteins in their brain cells that normally curl like unfurled ribbons. These ribbons help nourish the cells. But in Alzheimer's patients, these ribbons get tangled, destroying the cells in the process, along with a person's memories and functions that control behavior.

 As happens with about 70 percent of Alzheimer's patients, Walls grew more agitated as the disease marched through his brain, though he was by no means the only person in the wing suffering these effects.  In 2008, staff at the Veterans' Victory House documented in his medical records how another resident pushed him to the floor one month, and how a month later Walls hit another resident in the head with his fist. In June 2008, a resident hit another, who fell into Walls and knocked him to the floor. In July, a staff member found Walls in another resident's bed, his fists balled.   By August, a month before Walls' death, staff noted that he was "aggressive to others and himself," particularly when he was scared. But then the storm clouds cleared. Staff noted on the day Walls was beaten that he had no behavior problems and was moving around well.

Walls had fallen and needed to go to the hospital for X-rays, a nurse said. She didn't mention the beating, or that a deputy had been called to investigate.  Hand drove to Walterboro the next Monday morning for a visit. "I walked into the room and gasped. He was black and blue all over, swollen and on oxygen. I ran out of the room and got a nurse. They came and I asked what had happened." Dwayne had fallen, they told her. Throughout the day, the home's employees stopped by to visit Walls to see how he was doing.  Later that afternoon, four days after the attack, she approached a staffer. "I said, 'He couldn't have possibly gotten that from a fall.' She looked at me and said, 'No one told you? He was beaten.' "  Colleton County Coroner Richard Harvey told her over the phone that the beating contributed to Walls' death, but she was surprised when the death certificate listed the cause as natural and didn't mention the altercation. In an interview, Harvey said he did an autopsy but the results showed that Walls died of pneumonia, not from any other injuries.

The doctor wrote the summary in November, two months after Walls' death, and after an ombudsman hired by the lieutenant governor's Office on Aging visited the home. The agency had received a complaint about "residents that beat other residents," low staffing levels and "residents sitting in soiled diapers."  After the visit, the ombudsman noted the altercation involving Walls but said the agency doesn't investigate resident-to-resident abuse.

The ombudsman nonetheless concluded, "There is a shortage of staff," after looking at the facility's staffing logs. The reports showed the Alzheimer's unit had just one licensed nurse on duty for 52 patients on morning shifts before and after Walls' attack. On one night shift, the wing had no licensed nurse at all. The ombudsman asked the nursing home to follow state regulations, which requires at least two licensed nurses during the morning shift and one on the night shift.

More recently, an investigator with the state Department of Health and Environmental Control made an unannounced visit to the home and found it hadn't properly reported the incident involving Walls and the 88-year-old man who beat him. State law requires nursing homes to report "serious incidents" involving residents who assault others.


 

 

 

No criminal charges filed in homicide of resident

The May 4 death of a local nursing home patient has been ruled a homicide.  However, no criminal charges will be filed in the case.   Elsie Powell is suspected of pushing Edna Shaw to the floor at Encore Senior Village on University Parkway. Shaw hit her head on the floor.  Both were residents at a nursing home.   The Medical Examiners Office ruled that the blunt impact to Shaw’s head contributed to her death and ruled the death a homicide, the report said.

Powell’s condition has continued to deteriorate, Assistant State Attorney David Rimmer wrote in the report.   “It is doubtful that she was even mentally competent when the incident occurred,” Rimmer wrote. “Therefore, in my opinion, no criminal charge should be filed against her for the unfortunate death of Miss Edna Shaw.”
 

Response to call bells inadequate

The Salt Lake Tribune had an article about response times to call lights.  This is a major problem in many nursing homes leading to falls or loss of dignitiy.  Typically, a resident who needs assistance to go to the bathroom hits the call light.  No response.  The resident then has two choices: 1.  Attempt to get up without assistance and risk falling, or 2. Relieve themselves and sit in their own urine and feces.

Call lights are little red buttons next to every bed and bathroom in every nursing home. When pushed, an alarm should sound at the nurse's desk and a light flashes over the bedroom door.
These call lights are how the frail and elderly summon for urgent help. But all too often, caretakers are slow to respond, if they respond at all. This is a common complaint from most if not all of our clients.

A Salt Lake Tribune examination shows that state inspectors have cited nearly one-third of Utah's nursing homes for a call light violation in the past two years. 

At the Hurricane Rehabilitation Center, the call lights didn't work in 10 rooms.

At the Bear River Valley Care Center, a man confined to a wheelchair waited 25 minutes for help getting into bed. "Sometimes it takes half a day," he told regulators. 

At the Willow Wood Care Center, a woman pushed her call light to get pain medication. She received her pills three hours later.

A slow response to a call light not only can impact a person's medical care, but also steal their dignity. In a number of cases, people waited so long for help that they ended up soiling themselves.

Utah inspectors receive more complaints about call lights than anything else, said Greg Bateman, who heads the state certification team.  Often, call light problems are a symptom of inadequate staffing.

Because caretakers usually respond faster when they know inspectors are watching, Bateman said he often relies on resident complaints to identify a problem. There is no hard and fast guideline for responding to a call light, but state regulators want to see someone at least assess the person's needs within the first five minutes.

Advocates for the Disability Law Center keep track of this problem. 
Eileen Maloney, who is a member of the center's abuse and neglect team, said she visits some homes where call lights are constantly ringing and staff members ignore them.
The industry is teaming with state inspectors to create a new incentive program next year that will encourage nursing homes to replace their old call light system with the latest technology. 
The system would allow homes to document response times, providing proof that either resident complaints are valid or not.

Judge stops eviction of resident

William C. Lhotka of the St. louis Post-dispatch wrote an article about a Judge preventing a nursing home from evicting a resident from a nursing home.  Below is an excerpt of his article:

A judge has barred an Ellisville nursing home from discharging a resident in a billing dispute because of the possible traumatic effects of transferring her to another care facility.  The judge found for the family of Barbara H. Lindsay and against Bethesda Long Term Care Inc. which operates Bethesda Meadow.  The ruling means the nursing home cannot move Lindsay to another nursing home when Bethesda alleged Lindsay's family owed the company past due bills.

Lindsay's son Douglas contended that the bill was erroneous and that his mother was too fragile to move.   Jacqueline Levey, attorney for the Lindsays, argued before Vincent that "any nursing facility wishing to expel an elderly or disabled resident can simply manufacture a series of grossly inaccurate billing statements."

Bethesda lawyer James W. Erwin had contended that some billing errors by Bethesda didn't negate the failure of the Lindsay family to make payments.  On the day before the hearing in October, the Lindsay family paid its bill in full. Nonetheless, the nursing home proceeded with the discharge, said Levey, the family's lawyer.

Vincent cited medical testimony in his order that Barbara Lindsay "is very fragile and has very little strength." The judge said the nursing home provided no evidence that "a safe and orderly discharge could be accomplished."


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...