Recent Nursing Home Neglect and Abuse Articles
Connecticut Retirement Home Investigated After Fatal Wheelchair Accident
A Connecticut nursing home is under investigation for potential nursing home neglect in the death of a dementia resident who allegedly wandered away from the facility in his wheelchair and rolled down a hill to his death late last month.
Investigators say Percy Sumner, 88, fell out of his wheelchair after careening down a 44-foot grassy embankment on August 21. He smashed through a vinyl picket fence, over a rock wall, and then hit his head on the cement. He died late that day at a nearby hospital.
Sumner was a resident of the Bishops Corner Skilled Nursing and Rehabilitation Center in West Hartford, which is now under investigation by the state Department of Public Health as a result of his death. Nursing home staff members have told investigators that Sumner was seen headed for the door that morning but had been sent back to his room. He was placed on a 15-minute check cycle to ensure he did not elope from the facility, nursing home officials say, but he fled between checks.
Sumner’s nursing home elopement set off a door alarm and his personal alarm, but he was not sighted by staff until after the accident, according to a story in the Hartford Courant.
Federal regulations have a requirement that all elder care facilities conduct a nursing home wandering and elopement assessment of every new resident. That assessment needs to be updated on a regular basis, or when their medical condition changes. That assessment needs to include a written plan of care which details the functionality of the resident and the risk of them attempting to leave the facility. This assessment forms the basis, in part, of the amount of supervision they should receive and how much attention should be paid to preventing them from leaving the facility.
Retirement Home Fire Near Moscow Kills 9, Likely Caused By Suicide Attempt
Nine people died on Sunday in a Russian nursing home fire that investigators say was a suicide attempt that got out of control.
International media says that a can of flammable liquid was found in the room of one of the residents. The room was believed to be where the fire originated. Nine people were killed, two people were injured and about 480 people were evacuated as a result of the blaze, which occurred in Vishny Volochek in the Tver region, about 120 miles north of Moscow.
An investigation into the deadly fire has been ordered by Russian President Dmitry Medvedev, who has said that the facility should be rebuilt.
California Nursing Homes, Abusers, Find Increasing Leniency, Group Claims
California is dismissing an increasing number of criminal charges brought against people suspected of committing nursing home abuse, and is cutting down on surprise inspections meant to curtail nursing home neglect, according to California Watch, a state consumer advocacy organization.
Attorney General Jerry Brown’s move toward less oversight of California nursing homes and more lenient treatment of suspected abuse perpetrators comes after a tenure by Bill Lockyer, who made nursing home neglect and abuse prevention a top priority, the organization said in a SFGate.com story. The state was just recently the site of a record-breaking $677 million jury award in a nursing home class-action lawsuit that claimed that nursing home franchise giant Skilled Healthcare cut staff to dangerous levels.
In addition to the reduction in prosecutions and inspections, California Watch also claims Brown’s office has reduced nursing home abuse training for state law enforcement officials. It has not held a training session on the issue in three years and has none scheduled.
However, the organization claims that Brown has increased enforcement in the area of Medicare fraud to go after those nursing homes that may be cheating the state out of reimbursement money.
Kentucky Nursing Home Industry Uses $1.8M to Choke Reform: Report
Kentucky nursing home companies dropped $1.8 million in the laps of state politicians since the turn of the century in order to fight bills that would require more direct-care employees to help reduce the risks of nursing home neglect.
An analysis by the Lexington Herald-Ledger revealed the campaign contributions as part of an ongoing series on the state’s nursing home woes. The investigative pieces has resulted in Governor Steve Beshear calling for a review of how the state handles nursing home neglect and abuse complaints. A similar investigative series by the Chicago Tribune has led to massive changes in how Illinois manages its nursing home system.
The Herald-Ledger pointed out in its story that Governor Beshear has received nearly $60,000 in nursing home industry campaign funding and that his brother works at a nursing home.
Most Kentucky nursing home bills are introduced in the state House Health and Welfare Committee, where they usually die. The committee is chaired by Tom Burch of Louisville, whose former aide, Eric Clark, is chief lobbyist for the for-profit nursing home industry in the state.
California Judge Rejects Mistrial Motion in $677M Nursing Home Lawsuit
A judge has rejected a call for a mistrial by a California nursing home chain that got hit by a $677 million nursing home neglect verdict in July. In addition, the court has issued an injunction against the company to force it to meet statewide nursing home staff level requirements immediately.
The motions came on the heels of a head-turning, record verdict handed down in a nursing home class-action lawsuit against Skilled Healthcare earlier this summer. The company is one of the nation’s largest nursing home franchises, with 78 facilities. A Humboldt County jury determined that Skilled Healthcare failed to meet state requirements for nursing home staff, and was staffed at dangerously low levels.
Defense attorneys attempted to get a mistrial, saying that there was bias and juror misconduct. However, jurors signed sworn statements saying there was no misconduct or bias. Skilled Healthcare’s stocks have plummeted in the wake of the decision, and experts say that the company is likely to file for bankruptcy if it is forced to meet the verdict’s requirements, and there does not appear to be any obvious grounds for having the verdict overturned.
Skilled Healthcare attorneys are now trying to have Judge Bruce Watson recused from the case and to have it tried again, according to a story in the Times-Standard.
Pittsfield Nursing Home Employees Fired After Abuse Charges
Three Massachusetts nursing home employees have been fired for allegedly committing nursing home abuse.
The Springside Nursing Home in Pittsfield has fired Jodi LeBrake and Sandra Yankey for allegedly abusing patients over the last month, and also fired Amy Simkewicz, who allegedly witnessed LeBrake abusing a patient but failed to report it. LeBrake, 44, was arraigned on Friday on felony assault charges for reportedly stuffing a sock into the mouth of a 72-year-old female patient in July. Yankey, 46, was fired on August 11 and plead guilty to charges that she pulled an 81-year-old patient’s hair.
Simkewicz told Pittsfield Police that she failed to report LeBrake’s abusive behavior because she feared retaliation.
Springside officials say that the Yankey and LeBrake cases are isolated incidents, according to a story in the Berkshire Eagle. But Springside, a 112-bed non-profit facility, has an overall rating of one star from the U.S. Centers for Medicare and Medicaid Services (CMS); the lowest possible rating the government agency can give. CMS inspectors rated the facility as much below average on health inspections and quality measures, and average on nursing home staffing.
Indiana Retirement Homes Rarely Face Licensing Action: Report
Indiana nursing homes that commit nursing home neglect and abuse have little fear of licensing action being taken against them, according to an investigative report by a local paper.
The Indianapolis Star found that only 2% of all reports of problems in nursing homes gets forwarded from the attorney general’s office for licensing or law enforcement action, even in such serious instances as rape. In fact, out of 300 incidents forwarded to the Attorney General’s office over the last five years, in only six instances did the office file an official complaint triggering a review by the Indiana State Board of Health Facility Administrators.
Unless the complaints are forwarded, the board does not have the opportunity to review the cases and possibly recommend disciplinary or corrective action. In five of the six cases reported, the board decided to take action.
Responding to the story, state officials said that there are sometimes informal actions taken to discipline administrators and some said that the ability of the AG had a narrowly defined definition of what cases it could forward to the Board.
Fmr Employee Gets 5 Years Probation for Nursing Home Abuse
A Kentucky nursing home worker who was caught on video tape eating the food of a resident she was supposed to be feeding has been sentenced to five years of probation for committing nursing home abuse.
Amanda Sallee was sentenced last Thursday in a Madison County courtroom for her role in abusing Armeda Thomas, an Alzheimer’s patient at the Madison Manor Nursing Home. Sallee and two other workers were caught by a hidden camera abusing and mocking Thomas and eating her food instead of feeding it to her. The camera was placed in the room by Deborah Hamilton, Thomas’s granddaughter, who suspected the abuse.
Hamilton has also filed a civil nursing home abuse and neglect lawsuit and has started a foundation in her grandmother’s name, according to a story by Lex18.com.
Nursing home abuse can take many different forms, including physical, sexual or mental. It reduces quality of life for the victims and robs them of dignity, as well as possibly inflicting permanent and debilitating physical damage. Recognizing the signs of nursing home abuse can be difficult, and in many cases the victims are too humiliated to talk about what occurred. Signs of nursing home abuse can include:
- Unusual injuries or broken bones
- Unexplained loss of hair
- Changes in behavior of nursing home staff towards a resident, or residents toward one another.
Mass. Jury Awards $400K to Survivor of Man Who Lost Eye
The former management company of a Massachusetts nursing home has been ordered to pay $400,000 to the step daughter of a 93-year-old man who lost an eye after being struck by a nursing home crane used to move patients between beds and wheelchairs.
Earlier this month, a Brockton Superior Court jury found that Kindred Healthcare was liable for the loss of an eye sustained by John J. Donahue in 2005. Donahue died 47 days later, but the jury did not find that the injury contributed to his death when they decided on the nursing home neglect claim.
Kindred Healthcare is the former owner of the Embassy Rehabilitation and Health Center in Brockton. The accident occurred when Mellange Mathieu, a certified nursing assistant at the nursing home, attempted to use a Hoyer lift to move Donahue. However, the lift requires two people to operate, and Mathieu attempted to use the lift on her own. She was fired from the nursing home and her certification was suspended for six months following the accident.
The jury award will go to Donahue’s stepdaughter, Marlene Owens, 75, of South Easton. She is Donahue’s last living known relative, according to a story in the Patriot Ledger.
Morphine Overdose Results in $3.1M Verdict Against Santa Ana Nursing Home
A nursing home neglect lawsuit against a California care facility has resulted in a $3.1 million award to a resident who suffered brain damage from a morphine overdose.
The medication error lawsuit was filed by Barbara Lefforge, 57, who had just arrived at the St. Edna Subacute & Rehabilitation Center in Santa Ana when she was allegedly given too much morphine and suffered permanent brain damage in September 2007. According to the lawsuit, Lefforge was admitted to St. Edna to recover from tendon surgery, and was given too high a prescription by her podiatrist, Wesley Kobayashi.
The prescription mistake was not caught by nursing home staff members, despite warnings from the pharmacist that the 50 mg dose was too high. However, the nursing home staff could not find Lefforge’s dose, and gave her a 30 mg dose from an emergency kit. Lefforge overdosed on the morphine, but staff members did not realize it until the next day. By the time she was admitted to the hospital, she had suffered brain damage.
An Orange County jury deliberated for two days before awarding Lefforge $1.1 million for medical expenses and $2 million for pain and suffering, according to a story in the Orange County Register. The nursing home was found to be 90% responsible for her injuries.
