South Carolina Nursing Home Lawyer Blog

People suffering from Alzheimer’s disease or dementia need special attention when they are admitted to a nursing home. They may suffer from bowel and bladder incontinence, repetitive verbal and nonverbal behaviors, wandering, paranoia, and other dramatic personality changes. Sufferers can become extremely agitated and can hallucinate especially in the late afternoon or evenings.

According to reports, in February, 2009 three top-level employees of the nursing home facility at Kern Valley Healthcare District located near Bakersfield, California, were arrested. Each one was charged with eight felony counts of causing harm or death to an elder or dependent adult.

The charges stem from a two-year investigation into the nursing home operations. Investigators learned that 22 separate Alzheimer or dementia residents were intentionally overdosed with psychotropic drugs – sometimes called “chemical restraints” - such as Depacote, Zyprexa, Resperidol and Seroquel. These medications were administered after the resident was deemed just too bothersome by the staff. As would be expected, the patients would sometimes argue, make noise, or just act in a manner that was not perfectly orderly. After all, they had Alzheimer’s!

The investigation revealed that the drugs were given without consent – and without any authorization - from the residents or the residents’ families. The drugs were sprinkled on the victims’ food without any knowledge by the residents. In some cases, the victims were even forcibly held down while being injected with the drugs. Three residents may have actually died from these drug overdoses.

Folks, there are major, major problems in nursing homes that are being uncovered every day. It's time for our communities to stop tolerating this behavior. Profits for nursing home corporations are not more important than people.

Continue reading " Alzheimer’s Disease and Dementia Residents Drugged with “Chemical Restraints” for Easier Handling in California Nursing Home " »

91 year-old Joseph Clay Johnston was suffering from the effects of late stage Alzheimer’s disease when he was placed in the secure wing of Summit Place, a nursing home facility right outside of Charlotte, North Carolina.

Mr. Johnston’s disease had progressed to the point that when his daughters came to visit, he didn’t recognize them, preferring to stay in bed and sleep. He was also noted to be very weak and slow in his gait. So it came with great shock when his daughters received a call from Summit Place informing them that their father was missing.

On the day he disappeared, Mr. Johnston was last noticed at 1:45 p.m. Eight(!) hours later, Mr. Johnston’s body was found in a field about 400 feet from the facility. An autopsy was being performed to determine a cause of death, but his daughters want more than that. They want to know how their father, who could barely walk, who preferred to be in bed, and who was supposed to be secure in a locked ward, could just up and leave unnoticed and uncared for. These are the questions the police and the North Carolina Department of Health and Human Services will be asking as they conduct their investigation.

Continue reading " Nursing Home Resident Dies after Facility Allows Him to Wander Away from Mooresville, North Carolina Nursing Home " »

According to reports, a vulnerable 68 year old woman suffering from dementia was sexually assaulted twice in one week at the Healthcare at Foster Creek facility in Portland, Oregon. The first assault occurred when Marko Chandler, a resident of the facility, came into the victim’s room. The victim was standing in the room with half her clothes removed. Mr. Chandler was not touching the victim at this point, but it was clearly understood by the staff that the victim did not have the mental capacity to consent to such activities. The police were not notified and no family member was advised of the incident.

In other words, nothing of any consequence was done.

So, just five days later, Mr. Marko was again in the victim’s room. This time he was caught in the act of sexually abusing her. Mr. Marko begged the staff not to call the police, all the while the victim cried hysterically. The victim subsequently refused to eat and cried uncontrollably for months after the assault. Mr. Marko has been charged with first-degree sexual abuse and unlawful sexual penetration. The suit was filed against the nursing home corporation because it failed to protect the victim. It turns out that her case was one of 38 complaints filed against the nursing home since 2004.

Continue reading " Sexual Abuse in Portland Nursing Home " »

Dwayne Walls had always been independent. From the time he left his childhood home in Morganton, North Carolina, to digging graves at night, to serving in the Air Force in Korea, to infiltrating the Klu Klux Klan as a reporter for the Charlotte Observer. Dwayne did it his way. And he didn’t back down even when a cross was burned in his yard.

He later would become an author and teacher and even a preacher, passing on his wisdom of the ages to the new generations of eager listeners. He met the love of his life, Judy Hand, in December of 1996 and they later settled in Charleston, South Carolina and enjoyed the laid back life the area brought, while he still taught and wrote as much as he could.

However, shortly thereafter, things started to turn. He became absentminded, often forgetting words that were just at the tip of his tongue, an especially frustrating malady for a writer. He attempted to write his memoirs - but the pages of eloquent writings that everyone had come to expect, were just pages and pages of disjointed thoughts.

In 2001 he was finally diagnosed with Alzheimer’s and by 2004 the disease had thoroughly taken over. Dwayne soon became a shadow of his former self. He had become unreliable and combative in his personality. One day he would be sweet and talkative, regaling people with his life stories, and the next day annoyed and irritated with unpredictable behavior such as stripping off his clothing and running down the hall.

It finally came to the point where it was impossible for Judy to handle him by herself and she began the process of finding him a nursing home which accepted an Alzheimer’s patient. She finally found C.M. Tucker Jr. Nursing Care in Columbia, South Carolina - which is run by the state Department of Mental Health and which had a special unit for veterans.

Judy soon began to see that C.M. Tucker was not a good fit for Dwayne. He immediately started to lose weight. When they moved Dwayne to a new room, the Department of Mental Health placed a seriously psychotic patient in Dwayne’s old room. She begged the staff to keep an eye on Dwayne, whom she felt sure would try to go back to his old room. Her worst fears were soon realized when she received a call in the middle of the night. Dwayne had been severely beaten. His crime? He mistakenly returned to his old room.

Shortly thereafter the U.S. Department of Justice conducted an investigation of the facility. The Justice Department determined that “there appear[ed] 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.”

Judy was not even made aware of the investigation. However, she soon learned on her own of a new veteran’s facility opening in Walterboro, South Carolina, which had special units catering to people just like Dwayne.

After many telephone calls and long conversations, Judy secured a spot for Dwayne. In 2006 with the help of State and Federal funds, the Veterans’ Victory House opened its doors. In May of 2007, Dwayne was placed in a secure wing of the facility.

Judy saw an immediate difference in Dwayne’s attitude as he began to gain weight and he seemed calmer. The change was so remarkable that Judy wrote to Lt. Governor Andre Bauer, who runs South Carolina’s Office on Aging, complimenting and thanking the state for creating what she now called the “Angel House”.

Unfortunately, as often happens in Alzheimer’s patients, as the disease progresses, the patients become more severely agitated and combative. Dwayne was in ward that contained many other residents suffering from the same symptoms as he.

Over the next several months, Dwayne was pushed to the floor; was knocked to the ground after a scuffle between two other residents carried over to him; he was found in someone else’s bed with his fists poised ready to fight; and he was the aggressor on one occasion.

Then, one night in September of 2008, Judy received a call from the facility. They said that Dwayne had fallen and that he was being transported to the hospital. Judy called first thing the next morning to see how Dwayne was doing. She was told by the nurse that Dwayne had no broken bones and that he was resting well. Later that same afternoon, a social worker called Judy, who relayed that she needed to have a face-to-face meeting with her. Judy lived over an hour away and said she would be there as soon as she could, but probably wouldn’t make it by 5:00 which is when the social worker went home for the weekend. Judy was ensured that there was no immediate hurry but that she should come in the following Monday.

When she arrived at the nursing home she was devastated when she saw Dwayne. He was lying in bed covered in black and blue bruises, his body was swollen and he was on constant oxygen.

She immediately found a nurse who again relayed that he had fallen. She talked to several other employees throughout the day who also confirmed that he had fallen. Finally, towards the end of the day another employee stopped by and Judy again expressed her concern that he could not have suffered so greatly from just a fall. The employee looked confused and stated, “no one told you? He was beaten.”

On September 18, just 7 days after Dwayne was severely beaten, he died of pneumonia due to immobility. Although the nursing home records make it clear that he was in an altercation, the doctor’s notes do not even make it a contributing factor in his death. The autopsy report neglected to do the same - despite the fact that Colleton County Coroner, Richard Harvey specifically told Judy that the altercation contributed to Dwayne’s death.

His nursing home records also confirm that immediately prior to the altercation, Dwayne was not immobile and was walking around and social.

Shortly after Dwayne’s death, an ombudsman investigated the nursing home and concluded that the nursing home was deficient in the required staff required for the 52 person wing, only have one registered nurse on duty during the day and there were times that they had no registered nurse on duty during the evening. A state investigation by the Department of Health and Environmental Control concluded that the nursing home illegally failed to correctly report Dwayne’s condition, as is required by State law.

Thanks to the Charleston Post & Courier for reporting.

Continue reading " Severely Beaten Alzheimer's Patient Dies from Complications, According to the Charleston, South Carolina Post & Courier " »

Our firm represents the elderly and the families of nursing home residents after an injury or wrongful fatality caused by neglectful nursing home care. However, we cannot accept every case. The cases we handle must meet certain criteria. We limit our representation to cases involving the following:

Pressure Sores / Bed Sores / Decibutus Ulcers

Broken Bones

Burns

Falls

Sexual Abuse / Rape

Physical Abuse

Dehydration

Malnutrition / Extreme Sudden Weight Loss

Infections Caused by Staff Neglect

Medication Errors

Medical Mistreatment

Resident Elopement (Letting Residents Walk Out Alone)

Fraudulent Charting

Fraudulent Billing

Bed Rail Injuries or Death

Continue reading " What Kinds Of Cases Do We Handle? " »

Bed sores are not inevitable. They don’t have to develop. They are preventable in a very large number of cases. When nursing home residents are properly cared for, pressure sores should be rare. However, we see pressure sores in residents who come to us for help all too often. Reports tell us that 17 to 28 percent of nursing home patients develop pressure sores. The percentage increases dramatically in nursing home residents over the age of 70. It has also been reported that if a resident has developed bed sores in the past, they have a 90 percent chance of developing another one in the future.

Decubitus ulcers, also known as pressure sores or bed sores, don’t immediately sound too horrible when compared to the plethora of other maladies that nursing home patients usually have to cope with. But in reality, bed sores can be fatal. It doesn’t have to be that way. Proper care can prevent pressure sores.

Bed sores develop in patients who are bound to a bed or a wheelchair and are caused by any combination of constant pressure, rubbing, and dampness and can even be aggravated by the medications they are taking. Ulcers are typically analyzed in grades depending on severity, with Grade 1 being an early stage sore and Grade 4 being the highest and most dangerous type of ulcer.

Grade 1 ulcers start out as a discoloration of the skin and include a variety of different colors depending on the patient’s skin tone. They can be pink, red, blue, purple or black. Grade 2 sores show the beginning of skin loss and affect the upper most layer of the skin. Grade 3 sores begin the process of cells dying and include all layers of the skin. Grade 4 ulcers include death of all skin layers and also affect the underlying structures beneath the ulcer including tendons, joints, bones and internal organs.

If left untreated these sores can lead to deficiency of red blood cells (anemia); infection and inflammation of membranes and fluid that surround the brain and spinal cord (meningitis); abscesses; inflammation of the bone (osteomyelitis); inflammation of the body tissue causing swelling and redness (cellulitis); blood poisoning (septicemia); and even maggot infestation in the most disturbing cases.

Patients who are confined to bed and wheelchairs typically are physically or mentally disabled and are unable to change position when they start feeling uncomfortable. Leading experts have recommended that to prevent a bed sore, nursing home residents simply need to be turned every two hours which takes the pressure off vulnerable areas. Also, pillows and soft buffers should be used between the bed and the skin; good hygiene should be enforced; a healthy diet should be provided; the skin should be kept at the right moisture level; the skin should be kept supple with moisturizers to prevent dryness; and if they are capable of movement, patients should be encourage to participate in activities that promote circulation.

Continue reading " Nursing Homes and Bed Sores " »

After a stay in Methodist Hospital in Omaha, Nebraska, for acute pack pain from a compression fracture that required him to be on constant pain medication, Walter “Tim” Mason was transferred to Life Care Center of Elkhorn, Nebraska to continue his treatment.

In almost no time, on January 8, 2007, the nursing home staff found Mr. Mason lying dead on the floor of his room. He died from extensive head injuries. When Mr. Mason’s family asked for answers, the nursing home corporation refused to provide any details. The family's only recourse was go to the courts to require the nursing home to turn over their files. Little did they know that Tim, in his confused state induced by the strong pain medications, had signed a forced arbitration agreement that was hidden deep inside the 100 pages of admission documents. Mr. Mason’s family lost the $79.00 filing fee they had expended for the initial lawsuit filed in the Omaha court system, and now must come up with $3,500 just to start an arbitration process that is stacked against them, with no jury and no right to appeal.

They may never get the answers they deserve.

End forced arbitration now!

Continue reading " Forced Arbitration Locks the Courthouse Doors to Yet Another Family " »

According to reports, Magnolia Manor wants to be known as a facility that provides community residential care and advocating the health and safety of those who are not able to care of themselves. So it was with little worry that Rebecca Powell’s daughter, Pamela, secured a spot for Rebecca at this nursing facility. Mrs. Powell had problems absorbing sufficient nutrition and was at-risk for significant weight loss, and her skin would regularly break down. According to reports, after she was admitted, Mrs. Powell died after she was neglected by the nursing home. (The nursing home corporation, of course, denies this).

After an investigation and a careful review of Mrs. Powell’s records, it was determined that the nursing home corporation failed to maintain complete and accurate records; failed to appropriately nourish their patients; and failed to keep up with standard lab testing on all residents. When Mrs. Powell’s widower tried to sue the nursing home through the South Carolina court system, he was informed that his daughter had, at the time of admission, signed away Mrs. Powell’s access to the courts, by “agreeing” to a forced arbitration process that was hidden in the admission papers on page VI. After spending much time and resources by Mr. Powell, the court here in South Carolina rightly decided that Pamela was not a personal representative of Mrs. Powell, and therefore could not bind Mr. Powel to an arbitration process.

Mr. Powell is currently suing the nursing facility for wrongful death of his wife in court. The facts reported here have not been conclusively determined, but if things are as Mr. Powell says they are, let’s just say that we hope that justice is done.

Really done.

Continue reading " A Good, Fair Decision in South Carolina: Magnolia Manor of Monks Corner, South Carolina, Loses Forced Arbitration Bid " »

"Quality" Health of Fernandina Beach, Florida Forces Mediation Process on Alzheimer’s Patient

When Sandra Fisher’s Alzheimer’s disease progressed so much that was impossible for her husband to care for her, she was admitted to Quality Health of Fernandina Beach, Florida. Quality Health is owned by the M-K Management Services Corporation. As part of the admission process, the Corporation required Mrs. Fisher's husband to submit to a mandatory arbitration "agreement," so the Corporation could escape the justice found in the courts.

One day, while an aide was helping Mrs. Fisher to shower in a bathroom which was in state of serious disrepair, the shower handle broke off. Scalding water poured over Mrs. Fisher, causing severe burns. The burns were incredibly painful.

At first, the nursing home corporation agreed to cover Ms. Fisher’s costs through its own insurance ... but then changed their mind without any advance warning when they realized that the costs would be several thousand dollars. Because of the forced arbitration "agreement," Mrs. Fisher and her family are stuck with the costs - and the courthouse door is closed to them.

Continue reading " Another Forced Arbitration Nightmare - This One in Florida " »

Irene Hight was placed in a nursing home facility in Kosciusko, Mississippi in 2002 after her family was no longer able to provide her with the treatment and attention she needed. Her daughter, Janice, helped admit her to the facility. Janice was hurried through the admission process by the nursing home staff, with no details explained as to what was included in the forms. Of course, it was not explained to her that there was a forced arbitration clause in the admission papers.

About one year later, Janice received a distressing call from her mother stating that she was ill. Janice immediately rushed to the aid of her mother.

When Janice arrived, she didn’t even recognize her mother, who had bulging eyes, her mouth was drawn, and her skin tight and firm against her bones. Janice soon discovered that her mother had not had anything to drink in 24 hours, she couldn’t urinate, and she was suffering from diarrhea. Janice immediately asked the nursing staff to call an ambulance. They refused (!) because they determined Ms. Hight’s state of well-being was not a life or death situation. (Remember, nursing home corporations keep more profits if they keep the residents overnight) and Medicaid would not cover the expenditure otherwise.

After much insistence, the head nurse finally told Janice that she could take her mother to the hospital but that she would have to take her mother herself in a wheelchair that the nursing home would provide. When Janice asked for assistance in getting her mother into the wheelchair and to the hospital (which was across the street and up a hill) the head nurse finally allowed that an aide could go with her.

The aide refused. She said she was too busy.

As Janice was leaving the facility with her mother, she was told that she needed to ensure she returned the wheelchair! Ms. Hight made it to hospital, but died 8 hours later in the emergency room, as a result of the nursing home corporation's neglect.

Janice and her family were outraged at the treatment their mother was given. Quite naturally, they decided a lawsuit would be the best way to bring the nursing home's mistreatment to the attention of other unsuspecting patients and their families.

Unfortunately, they discovered that Janice had agreed to a mandatory binding arbitration when she signed Ms. Hight’s admission papers and their only recourse was a forced, unfair settlement behind closed doors and outside the bright lights of the justice system - just how the nursing home corporation wanted it.

Continue reading " Mandatory, Forced Arbitration in Mississippi Creates an Unfair Result in Outrageous Nursing Home Death " »

The Problem: Nursing home corporations routinely force new residents to agree to forced arbitration before they will admit a new resident. Forced arbitration agreements make it so that even clearly-abused elderly residents cannot go to court to get justice - no matter how severe the abuse or neglect. It is blatantly unfair and un-American to stack the deck in this way. We have our justice system for a reason, and huge nursing home corporations should never be allowed to take away the protections we enjoy as citizens.

Think about it. Patients (or their loved ones) are reading admission papers during one of the most stressful times in their lives. Very often a medical emergency has just been suffered, or the elderly loved one is suffering from dementia. A lot of residents just aren't capable of understanding what they are signing, too. Families are also under tremendous stress - wondering if they are making the right decision for their loved one.

The forced arbitration clauses are often hidden inside pages and paragraphs of legal jargon. They are not easily spotted. Even if they are, the elderly residents and their families are often told they either have to sign the document or find somewhere else to stay. Sign it, or leave.

Unfortunately in most communities, finding somewhere else to stay is next to impossible due to overcrowding. Many rural communities only have one nursing home.

Forced arbitration "agreements" are wrong. They allow the nursing home corporation to force arbitration even in the most severe cases including, broken and severed limbs, suffocation on bedrails and restraints, sexual assault, dehydration, malnutrition and septic bedsores that caused a death. The nursing home corporation’s wrongful conduct will never be made public nor can they be brought before a jury, with forced arbitration.

Forced arbitration clauses frequently even allow the nursing home corporation to pick their own arbitrator with no input from the injured. The nursing home corporation will typically choose an arbitrator who has sided with the nursing home in the past. This leads to arbitrators who tend to side with the corporation in the hope that they will be picked again for the next arbitration. Arbitrators are not bound by laws or rules of evidence and are not required to even explain their verdict.

The Legislation: On March 3, 2009, some members of Congress introduced amendments to Title 9 of the United States Code which would be known as the Fairness in Nursing Home Act. (S. 512/H.R. 1237) The proposed amendment will first go to a committee who will deliberate, investigate, and revise the act before it goes to general debate and then will be voted on by the Senate and the House. The amendments will provide that a pre-dispute arbitration agreement between a long-term care facility and a resident (or anyone acting on the resident's behalf) shall not be valid or specifically enforceable.

Pre-Dispute Arbitration Agreements will be Invalid under the Fairness in Nursing Home Arbitration Act. The Act will not specifically prohibit arbitration but will give the patient and their family a choice to choose between an impartial arbitration process, only after a dispute arises or take the matter to a jury.

What Can You Do About This? To help push The Fairness in Nursing Home Arbitration Act through Congress and to recover your rights and your loved one's rights, we urge you to contact your Member of Congress and both of your Senators and ask them to vote in favor of the Act.

Continue reading " Big Nursing Home Corporations Want to Stack the Deck Against Wrongfully-Injured Residents. The Fairness in Nursing Home Arbitration Act would help change that. " »