DO YOU SUSPECT ABUSE OR NEGLECT? Contact Us for a Free Consultation

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The California Department of Public Health issued its most severe citation to a California nursing home following the death of a 97-year-old resident. According to reports, the Gramercy Court nursing home patient fell out of her bed and onto the floor while a nursing assistant had her back to the patient. The resident suffered a spinal injury and died a short time later.

State investigators said the fall could have been prevented if the bed rail, which was ordered, had been in place. As a result, a AA citation was issued against the facility, and a $90,000 fine assessed. The maximum fine allowable under California law is $100,000.

To read the entire AA citation, CLICK HERE (.pdf).

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At Walton Law Firm, we have handled numerous cases involving decubitus ulcers or bed sores, many of them resulting in the death of the patient. But the cases we handle are civil cases; a prosecution of the nursing home or other caregiver to seek money damages. We have never seen any caregiver prosecuted criminally for such neglect.

090903_jean_rudolph.jpgIn Washington State, however, the owner of an assisted living facility and an employee were charged with crimes for the neglect of Jean Rudolph, who died under their care. When Rudolph died in 2008 at the age of 87, she weighed only 68 pounds. The cause of death was related to infections that were caused by bed sores so severe that they exposed her bones, including a hip sore so severe that her hip bone jutted out of her body.

Her son, who visited her twice a week, never knew of the sores. His mother suffered from end-stage dementia and couldn’t speak or express her needs, and each time the son visited she was always under covers.

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A 72-year-old woman suffered burns on her hands and feet while under the care of an Escondido woman and her son at their home-based elder care facility. Mila Labayen, 74, and her son, Steve Perez Lopez, 50, face criminal charges for elder abuse arising from their failure to seek immediate medical attention for the injuries of the resident who suffers from dementia. In addition, Mr. Lopez is charged with draining $45,000 from the bank account of another elderly resident, who suffers from schizophrenia. Mr. Lopez allegedly took the money while out on bail for charges relating to the elder abuse claim. Alert bank employees alerted authorities to the suspicious withdrawal of money.

It is unclear what caused the 72-year-old woman’s burns, but by the time her daughter learned of her injuries and brought her to the hospital, her skin was already sloughing off, and she remained in the hospital’s burn unit for nine days.

The elder care home, Liberty Care Homes III, located on the 1100 block of Via Rancho Parkway, was owned and operated by Ms. Labayan and was licensed to provide residential care for up to six elderly people. The license was first issued in 1993. Liberty Care Homes III is now closed.

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An 81-year-old nursing home resident beat his 94-year-old roommate to death with a closet rod in their Laguna Hills nursing home. Sheriff’s have arrested William McDougall of Mission Viejo for causing the death, and he has been booked for murder. The victim, Manh Van Nguyen of Laguna Woods, was pronounced dead upon arrival to Saddleback Memorial Hospital.

l9oh7z-l9oh6tmcdougall.jpg The motive in the killing is unclear. Both men were residents at Palm Terrace Healthcare and Rehabilitation Center, a licensed skilled nursing facility in Laguna Hills. (More info about the facility here) “What prompted the attack is still under investigation. Obviously, this is very unusual,” sheriff’s spokesperson Jim Amormino told the media. Staff at the nursing home have apparently told sheriff’s investigators that there no prior conflicts between McDougall and Nguyen.

What causes violence such as this in the nursing home? It could be a number of things. First, it is not uncommon for residents with memory impairment such as Alzheimer’s disease to act aggressively toward caregivers and others. Our law firm has represented victims of peer-on-peer abuse in the past. Another possibility is medications. What medications was McDougall on (or not on) that might have contributed to this offense. And, of course, maybe McDougall is just a violent person. No doubt all of this will be uncovered in the criminal investigation, which is just starting.

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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.”

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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.

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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.

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The AP has a story out today about the Skilled Healthcare Group verdict in Northern California, where a Humboldt jury awarded a class of plaintiffs $677 million dollars for what it determined was chronic and deliberate pattern of understaffing at its nursing homes that left elderly residents at risk of harm. The jury found that Skilled Healthcare regularly violated state regulations requiring it to keep a minimum number of nurses on duty at its 22 homes in the state.

One witness in the case recalled visiting her father, who had Alzheimer’s disease, and frequently finding him lying in urine-soaked sheets. She said it would routinely take up to 20 minutes for someone to respond to a call light.

“The major problem for most nursing homes in California and in the nation is staffing,” Pat McGinnis, executive director and founder of the California Advocates for Nursing Home Reform, told the AP.

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stop-sign1.pngThe California Advocates for Nursing Home Reform (CANHR) has launched a comprehensive website that addresses the growing problem of drug misuse in California nursing homes. Every day, approximately 25,000 California nursing home patients are given an antipsychotic drug. Half of all dementia patients are administered these drugs despite FDA warnings these drugs can kill a dementia patient.

Because of this CANHR has launched a campaign to help end the drugging of California nursing home residents. CANHR states its goal this way:

The goal of the campaign is to stop nursing homes and doctors from misusing dangerous antipsychotic drugs and other types of psychoactive drugs to chemically restrain residents and to replace drugging with individualized care. Through education, advocacy and political action, we seek to bring Californians together to end this harmful practice.

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A resident of St. Edna skilled nursing facility in Santa Ana (a Covenant Care facility) was awarded $3.1 million by an Orange County after the jury found that the nursing home failed to recognize that the resident was overdosing on morphine. The jury also found that the nursing home acted with malice or oppression, and will award punitive damages at a hearing next Tuesday.

St. Edna’s was among the many California nursing homes who received $880 million in Medi-Cal compensation from the state in a program that began in 2004, and was designed to promote care and avoid staffing deficiencies. Many homes that received the additional money still reduced staffing, despite profiting from the additional funds. Apparently St. Ednas was one of those homes.

In this case, Barbara Lefforge was admitted to St. Edna on Sept. 17, 2007, to rehabilitate from tendon repair surgery. Her surgeon mistakenly recommended 50 mg of morphine for pain instead of 50 mg of Demerol. That is a huge dose of morphine, which Lefforge’s attorney argued should have been promptly caught by the nursing home staff. According to reports, a nurse at the facility could not get the full does, so took 30 mg from an office emergency kit and gave it to Lefforge, who suffered an overdose, which itself went unnoticed by the staff. She suffered a major brain injury.

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