Nurses Accused of Misconduct in Other States Practice Freely in California

June 30, 2010 by Walton Law Firm

In an ongoing investigation, journalists Tracy Weber and Charles Ornstein of ProPublica have a startling article out that says that more than 3,500 registered nurses with "clean" nursing licenses from the State of California have been punished for misconduct in other states. According to the article, approximately 2,000 of these nurses will now face discipline in California.

The article states that California officials won't disclose the names of nurses who were discovered to have disciplinary records until charges are filed, but will be filing emergency petitions with the board for nurses who are viewed as a threat to public safety.

Weber and Ornstein easily uncovered cases involving current California nurses. Here's a sampling:

• Marci Nablo surrendered her Florida nursing license in 2007 after she admitted stealing painkillers from patient pain pumps.

• Karen Vivian had her Nebraska license suspended in 2008 after she made nine medication errors, including, unbelievably, putting ear drops into a patient's eye.

• Gregory Ashmore had is Tennessee nursing license revoked in 2002 when he engaged in sexual intercourse with a patient at a mental health facility.

All of these nurses currently maintain clean licenses in California. What's most startling is that California did not require nursing applicants to state whether they have disciplined in another state until 2008 (probably after ProPublica started its investigation). And as you would expect, ProPublica turned up several instances of nurses who were disciplined in other states, who later were accused of misconduct in California.

Click here to read the entire ProPublica article.

The nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Call (866) 607-1325 for a free and confidential case evaluation.

Abuse of Disabled in Nursing Homes Not Treated as Crime Study Says

June 23, 2010 by Walton Law Firm

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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.

• An activity assistant in a nursing facility pushed two elderly residents in wheelchairs down the hall, causing them to slam into each other. When they stopped, they were left stranded.

• While assisting a disabled female resident with a bath, a male caregiver fondled her breasts. Despite complaining to the nursing home administrator, the facility assigned the aide to the same resident. The aid criticized the resident for telling on him.

Overall, Disability Rights California investigated the stories of nine men and seven women, age 41 to 97 years old, with physical, mental and cognitive disabilities, that were physically or sexually abused by nursing home staff. The physical abuse ranged from assault and battery, to sexual assaults, including allegations of rape.

“This is just the tip of the iceberg of hundreds of confirmed cases of nursing home resident abuse we see every year from Department of Public Health citation reports,” stated Leslie Morrison, one of the authors of the report. Experts estimate that for every case of abuse that is reported, as many five go unreported.

Incredibly, state and law enforcement investigators concluded that the reported incidents (half were never even reported) were not criminal, and were handled as employee concerns. In most of the cases, the only punishment was deficiencies or a small citation from the California Department of Public Health.

To read the entire report, entitled “Victimized Twice: Abuse of Nursing Home Residents, No Criminal Accountability for Perpetrators," click here. [.pdf]

Source: DisabilityRightsCA.org

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and disabled and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

Closing Arguments Made in Epic Nursing Home Case

June 17, 2010 by Walton Law Firm

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.

”We are trying to send this corporation a message,” said Michael Crowley, Thamer's co-counsel. “They need to care more about their patients and less about their bottom profit line.”

More than 32,000 people are represented in the class action, and, depending how the court decides to calculate the statutory penalties, Skilled Healthcare could be liable for up to 1.4 million violations to the tune of $2,500 each.

Source: Times Standard

The Southern California nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Call (866) 607-1325 for a free and confidential case evaluation.

Murder with Morphine by Nursing Home Caregiver

June 11, 2010 by Walton Law Firm

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.

Source: CBSnews.com and charlotte.news14.com (with video)


The elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.