Nursing Home Penalized for Patient Fall from Lift

September 29, 2010 by Walton Law Firm

The California Department of Public Health has levied its harshest fine against a nursing home after a resident fell from a mechanical lift. According to reports, the lift was being to transfer a 60-year-old patient from her wheelchair and into her bed. As nursing assistants were transferring the woman, the sling holding the woman broke, causing the woman to fall hard to the ground. She struck her head on a nearby door, causing a severe brain injury, and ultimately causing her death four days later.

Lift.jpg An investigation by the Department of Public Health revealed that the nursing home, the Eskaton Care Center, failed to properly maintain the lift. The lift, which law required be checked monthly, had not been checked for five years. The DPH report stated that the sling appeared worn and had "what appeared to be bleached out blood stains at the center."

The nursing home can appeal the fine (and the AA citation it received), but it's not clear if it will. "We're mortified," Trevor Hammond, the nursing home's chief operating officer, told the Modesto Bee. "We had a tragedy when a piece of equipment failed. It was a catastrophe."

The original complaint with DPH was filed in January, 2009 by Carole Herman, president of Foundation Aiding the Elderly, a nursing home rights group in Sacramento. While she was no doubt happy that the citation and fine were issued, she lamented the length of time it took DPH to complete its investigation. She told the Bee, "It's taken this long for the state to get something done. It's terrible." Amen, Carole, Amen.

Source: ModBee.com

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, assisted living, or home health care setting. Call (866) 607-1325 for a free and confidential case evaluation.

Hidden Camera Sting Catches Nine Nurses Neglecting Elderly

September 15, 2010 by Walton Law Firm

This story makes one wonder what would happen if a hidden camera sting was done in every nursing home. The attorney general of New York placed a hidden camera in a single room of a long-term care facility, which resulted in an indictment against nine nurses, the nursing home, for a whopping 169 separate crimes.

The indictment filed in the case alleges 57 instances of neglect during a three-month period in 2009. With the family's permission, a hidden camera was placed in the room of a 53-year-old resident who suffers from multiple sclerosis and other mental and physical illnesses. The video revealed that the nurses failed, on several occasions, to turn the patient regularly as required, failed to medicate as needed, treat his pressure ulcers, or even change the resident's clothing. Of course, in the medical chart, these nurses stated that all this care had been provided. The fraudulent medical charting resulted in further criminal charges.

In interesting footnote to the story, when the alleged abuse revealed, several people came to The Record newspaper to tell their stories of abuse or neglect inside the facility, including unanswered call lights and untreated infections and bed sores.

While this story came from New York, we have had cases involving every single allegation made in this story, and can (unfortunately) say with some confidence this type of treatment occurs at facilities throughout California.

Source: The Record

The San Diego nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been a victim of neglect in the nursing home or assisted living setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

Juries Slamming Nursing Homes for Neglectful Care

September 7, 2010 by Walton Law Firm

There has been a string of large verdicts against nursing homes for poor care. A few months ago, a Northern California jury returned a verdict of over $600 million against a nursing home chain for deliberately understaffing its homes and putting residents at risk. Two weeks ago an Orange County jury awarded $3.1 million in a case involving a morphine overdose. And last week, a Georgia jury awarded $43 million in a wrongful death lawsuit, believed to be the largest in the state's history against a nursing home.

In the Georgia case, the surviving family members of 80-year-old Morris Ellison sued after their father died after a stay at the Moran Lake Nursing Home. Mr. Ellison fell numerous times in the home, including one fall that broke his hip. According to reports, the nursing home failed to notify doctors when Mr. Ellison suffered his fracture.

The nursing home was operated by a company called the Forum Group Corp., which was owned by attorney George Houser. Houser represented himself and the nursing home during the trial, and, of course, lost big. But after the verdict, things only got worse for Houser. Immediately after the verdict was rendered, Houser was arrested and taken into custody for contempt of court.

Life got even worse for Houser when and his wife were both indicted for bilking Medicare and Medicaid programs out of more than $30 million. According to the federal indictment, Houser funnel money into personal accounts that were supposed to go toward care to residents at his three nursing homes. While residents suffered, Houser and his wife purchase luxury cars and real estate, including a $1.3 million Atlanta home. Dirtbag.

"Mr. Houser, through his companies, systematically drained the money and resources from his nursing homes [and] caused all sorts of shortages of food, water and medicine and basic supplies," said Stephen G. Lowry, a plaintiff attorney. "He was severely neglected at the time of his death, malnourished and severely dehydrated."

At the trial, a nursing home director testified the facility lacked the funds to pay its staff or even pay bills.

Source: The Atlanta Journal-Constitution

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.