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      <title>South Carolina Nursing Home Lawyer Blog</title>
      <link>http://www.southcarolinanursinghomelawyerblog.com/</link>
      <description>Published by The Jeffcoat Firm</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
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         <title>A Biker Gang for Nursing Home Residents?</title>
         <description><![CDATA[<p>It's true.  Well, it's sort of true.</p>

<p>The Bethesda Retirement Center, a not-for-profit home near Chicago, recently organized a night out at a biker bar called the Evil Olive after nursing home resident Elizabeth Barrett asked about it.  A group of residents wanted to go, so the facility's life enrichment director put it together.  Ms. Barrett had the idea of the residents dressing up as bikers for their night on the town.  So, one man and seven women, ranging in age from sixty-five to ninety-seven and dressed up in full biker regalia, and invaded the Evil Olive.  The Chicago chapter of A.B.A.T.E. showed up numerous members for the event, as did the Latino American Motorcycle Association.  About 100 people attended, to help raise funds for a touch-screen computer for the residents to use for internet access back at the home.</p>

<p>Some of the experienced bikers in the crowd had planned to go for a spin on their motorcycles with the residents, but the night was too cold.  Maybe next time.  Thanks go to Chicago's NBC affiliate for reporting.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2010/03/a_biker_gang_for_nursing_home.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2010/03/a_biker_gang_for_nursing_home.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Tue, 02 Mar 2010 11:07:40 -0500</pubDate>
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         <title>Hidden Camera Evidence Helps Jury Measures Damages at $7.75 Million Dollars</title>
         <description><![CDATA[<p>After two careful days of deliberation, citizens in Ventura County, California determined that stroke victim Maria Arellano had been harmed profoundly - so profoundly that they measured the harms at $7.75 million dollars.  Mrs. Arellano was nearly seventy years old, when she entered the Fillmore Convalescent Center for care, after she had suffered a debilitating stroke.</p>

<p>During a visit with her in 2006, Mrs. Arellano's family members noticed that she had unexplained bruises.  Alarmed, they notified the administrators of the nursing home.  The nursing home, however, decided not to investigate at all, according to reports.  Still concerned, the family set up a hidden camera on a side table, to capture what was happening when they could not be there.  You see, Mrs. Arellano could not speak because of the stroke.</p>

<p>What the family saw shocked them.</p>

<p>Nursing home employee Monica Garcia was seen slapping Mrs. Arellano.  Garcia bent back her wrists and fingers.  She pulled Mrs. Arellano by her hair.  Garcia was violent and cruel in her treatment of her helpless patient.</p>

<p>What's worse is that the nursing home knew there was a problem with Garcia, but they allowed her to work with the residents anyway.  At the trial, the jury saw evidence that a number of families had complained about potential abuse inside the nursing home, and at least one other family had named Garcia <em>in writing</em>.</p>

<p>The Arellano family offered to settle their legal claims for $500,000 - but the Fillmore Convalescent Center offered them nothing - not a penny - to settle the case.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2010/02/hidden_camera_evidence_helps_j.html</link>
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         <category>Nursing Home Abuse</category>
         <pubDate>Thu, 18 Feb 2010 09:22:45 -0500</pubDate>
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         <title>Problems in Long-Term Care Hospitals are Common - and Dangerous</title>
         <description><![CDATA[<p>In yesterday's New York Times, Alex Berenson reported on an underappreciated threat to thousands of vulnerable patients in our country.  More than 400 long-term acute care hospitals have opened across the country in the past quarter century.  Just like the majority of nursing homes, many of these long-term care hospitals are owned by for-profit corporations, whose profits can increase dramatically when the facility is understaffed.  The article focuses on the biggest player in the long-term care industry:  Select Medical Corporation, a Pennsylvania based, for-profit corporation which owns 89 long-term care hospitals.  </p>

<p>Berenson examined government inspection reports, evidence from lawsuits, and federally-mandated reports, before he concluded that there is reason for concern about the care being given to the patients in Select Medical Corporation hospitals, and in other long-term care hospitals around the country. For example, according to the article, Select hospitals were cited nearly four times more often for Medicare violations than the rate for regular hospitals in 2007 and 2008.  Also, long-term care hospitals have a significantly higher rate of bedsores and infections than the rate in regular hospitals. These problems, according to the Times, can be traced directly to the understaffing of these hospitals.  </p>

<p>Not enough staff creates poor care.  It's that simple.</p>

<p>In our area, Select Medical Corporation owns facilities in Atlanta, Augusta and Savannah, Georgia; Durham and Winston-Salem, North Carolina; and Bristol, Knoxville and North Knoxville, Tennessee.  </p>

<p>Select Medical's biggest competitor is another for-profit, publicly-traded company, Kindred Healthcare.  Kindred Healthcare has facilities nearby in Charleston, South Carolina; Atlanta, Fayetteville, Marietta, and Savannah, Georgia; and in Chapel Hill, Durham, Gastonia, Graham, Greensboro, Kinston, Lincolnton, Monroe, Raleigh, Rocky Mount, Scotland Neck, Wilmington, and Zebulon, North Carolina.</p>

<p>Whether it is a nursing home or a long-term care hospital, when there is a high turnover rate, and a long-term understaffing problem, patient care will inevitably suffer, and preventable injuries and deaths can occur. </p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2010/02/problems_in_longterm_care_hosp.html</link>
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         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 10 Feb 2010 15:13:27 -0500</pubDate>
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         <title>New York Citizens Value Damages to Nursing Home Resident at $18.75 Million</title>
         <description><![CDATA[<p>The mistreatment of John Danzy was so bad that it made history in the State of New York.  His case was the first in New York State where a jury decided that punitive damages had to be awarded against the nursing home that neglected him.  </p>

<p>John Danzy was 76 years old, and an Alzheimer’s patient who was placed in the care of the Brooklyn Queens Nursing Home in Brooklyn in 2002.  According to the Danzy family, when he was admitted into the nursing home, he was walking without assistance, and he weighed almost 250 pounds.  His condition rapidly changed as the nursing home began to "care" for him.  After only nine months Mr. Danzy could no longer walk, he lost 100 pounds, and twenty bedsores riddled his body.   </p>

<p>When his family discovered his condition, Mr. Danzy was transferred to another facility, but it was too late.  He unfortunately succumbed to infections in the bedsores.  To make matters worse, when Mr. Danzy’s family expressed concern over the treatment that Mr. Danzy had endured, the nursing home reportedly altered their records to make them appear that they were giving Mr. Danzy the attention and care that is required by law, according to reports.  An FBI specialist who examined the records testified that over one hundred alterations were made to the nursing home records before they were provided to Mr. Danzy's family.  The good citizens of New York who served on the jury did not appreciate the nursing home's apparent attempt at creative writing.  Mr. Danzy’s estate was awarded $3.75 million for the pain and suffering Mr. Danzy endured at the end of his life, and to punish the nursing home for its egregious conduct, the jury added an additional $15 million.  </p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2010/02/new_york_citizens_value_damage.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2010/02/new_york_citizens_value_damage.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 10 Feb 2010 14:22:11 -0500</pubDate>
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         <title>$7.5 million Verdict for damages done by Ventura, California Nursing Home</title>
         <description><![CDATA[<p>Through no fault of her own, Maria Arellano had suffered stroke.  That stroke left her unable to speak.  Communication with anyone became profoundly difficult.  She was 71 years old when she began residing at the Florence Convalescent Center in Ventura, California.  Maria's family placed her there for professional around-the-clock care to be provided to their loved one.  What happened next was horrible, but Maria couldn't tell anyone what was happening.   Little did her family know the horrors this woman would endure in her silence.   </p>

<p>Family members came to visit her often.  Soon, they started noticing strange bruising on Maria’s body.  Naturally, this worried them.  It worried them enough to talk to the folks in charge of the home.  They wanted to know what was causing all the bruising.  But according to the family, their inquiries and complaints went unanswered.   So they did what any reasonable family would do to protect their loved one.  They set up a video camera in her room and hid it on her nightstand.  And what they caught on tape was unthinkable.  </p>

<p>It showed an employee of the nursing home, Monica Garcia, slapping the helpless Maria, pulling her around by her hair, painfully bending her fingers, neck, and wrists, and shoving and pushing her around in a shower chair.  Monica Garcia ended up being charged for criminal battery.  Ms. Garcia pled no contest and served only 10 days on work release.  Maria’s family filed suit against the facility for hiring and keeping on staff such a person, and a jury of citizens awarded $7.5 million against the facility for the harm done to Maria. </p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2010/01/75_million_verdict_for_damages.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2010/01/75_million_verdict_for_damages.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 13 Jan 2010 12:35:32 -0500</pubDate>
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         <title>Charleston Nursing Center in Mt. Pleasant, South Carolina, Causes Wrongful Death, According to Loved Ones</title>
         <description><![CDATA[<p>Sixty-nine year old Raymond Hollingsworth suffered from Crohn’s disease and dementia.  On July 22, 1999 he was admitted to the Charleston Nursing Center located in Mt. Pleasant, South Carolina.  At the time, he had just a small, dime-sized blister on his left heel.  Within 47 days, Mr. Hollingsworth had nine Stage III and IV bedsores.  These are pressure sores that have developed to the point where destruction has extended to below the skin tissue, creating a deep cavity.  Loss of skin also occurs, along with damage to the muscle, bone, and tendons and joints.  He also suffered from contracture of the muscles which is a permanent shortening of muscles or tendons due to extended periods of stress on the muscles or tendons.  Once contracture of the muscles occurs, it can only be surgically corrected.  Due to the severity and amount of infection in his left leg due to the pressure sore on his heel, Mr. Hollingsworth's left leg ended up being amputated below his knee.  After the surgery which removed his lower leg, Mr. Hollingsworth was returned to Charleston Nursing Center.  Unfortunately, his care apparently did not improve.  He continued to suffer from infections and numerous bed sores there, until the time of his death in October of 2000, barely over a year after he was first admitted.  Mr. Hollingsworth’s wife, Jean Hollingsworth, understandably pursued a claim for wrongful death.   The nursing home settled the case for $950,000.00.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/09/charleston_nursing_center_in_m.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/09/charleston_nursing_center_in_m.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Thu, 03 Sep 2009 08:09:29 -0500</pubDate>
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         <title>When Nursing Homes Put Their Profits Above Your Loved One&apos;s Care</title>
         <description><![CDATA[<p>When they can no longer care for themselves, elderly people still deserve good care.  They deserve to be treated with dignity.  Sadly, nursing home corporations frequently do not provide humane treatment to our loved ones.  Some of the things that happen inside nursing homes are just appalling.  Even so-called “nice” nursing homes can often provide awful care to the residents when the doors close and the family leaves.  Fancy carpet and elaborate wallpaper does not indicate that quality care is being provided.  The controlling nursing home corporation is often just too cheap to hire enough qualified people to provide good care.  These corporate executives are often more interested in padding their profits, than they are in the vulnerable human beings who rely upon them for care.  </p>

<p>It is a betrayal of our trust – pure and simple.  </p>

<p>Poor treatment causes painful (and even deadly) decubitus ulcers (bedsores), unsanitary conditions, repeated infections, dehydration, dramatic weight loss, falls, broken bones, and sometimes even death.  </p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/07/when_nursing_homes_put_their_p.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/07/when_nursing_homes_put_their_p.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 29 Jul 2009 14:27:33 -0500</pubDate>
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         <title>Mold Investigation Reveals Secret Video Recorders in Florida Nursing Home</title>
         <description><![CDATA[<p>In May of 2009, while investigating Charlotte Harbor Healthcare, a nursing home in Port Charlotte, Florida, for mold, investigators found much more.  </p>

<p>According to press reports, secret cameras were tucked away above several residents’ rooms and above the staffs’ break room.  The cameras were set to run 24 hours a day and were fed to a closed-circuit television that was in the administrator’s office.  The administrator apparently stated that the system was set up to deter theft and in some cases to prove theft.  However, there is no proof that thievery had ever been a problem at the home.   It was later discovered that no resident or family member have ever been advised that their privacy was being invaded by the clandestine cameras.  To further this nursing home’s woes, the mold investigation proved positive.  Mold in a nursing home can be particularly problematic due to the fact that residents are prone to respiratory illnesses.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/07/mold_investigation_reveals_sec.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/07/mold_investigation_reveals_sec.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 29 Jul 2009 10:39:08 -0500</pubDate>
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         <title>Beware of Nursing Care Scams</title>
         <description><![CDATA[<p>Constantinha Charron of Richland County, South Carolina, was arrested and charged with swindling, exploitation of a vulnerable adult and perjury.  Ms. Charron operated through a company called Caring Hearts and Hands.  According to reports, Ms. Charron told clients that she was a certified care giver to elderly people.  One client gave Ms. Charron a blank check with the express instructions that it was not to be cashed until certain Medicaid claims had been processed.  Apparently Ms. Charron never processed the claims, then went ahead and cashed the check in the amount of $780.00 to her benefit.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/07/beware_of_nursing_care_scams.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/07/beware_of_nursing_care_scams.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 29 Jul 2009 10:23:32 -0500</pubDate>
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         <title>$1.3 million Verdict against California Nursing Home</title>
         <description><![CDATA[<p>82 year old Elaine Stinson was suffering the effects of Alzheimer’s disease as well as recovering from hip surgery.  Her 92 year old husband, Alvin, couldn't care for her so he placed her in Leisure Palms, a small six bed facility in Fallbrook, California.  </p>

<p>About three months later, on one of his regular visits to see his wife, Alvin found his wife unresponsive.  He immediately called 911 and she was taken to the hospital.  She was found to have bruising on her head and broken ribs, as well as punctured lung.  </p>

<p>Eventually, after much effort, Alvin found out that Elaine had fallen the night before, but the nursing home decided that all she required was to be put back in bed.  No one called her family nor was any doctor called in to check on her after the fall.</p>

<p>It took nearly a year for Elaine to recover from her fall.  Although he was 92 years old, Alvin was no pushover when it came to Elaine.  Alvin went to court because of how the nursing home had treated his sweetheart.  After a long battle, the jury members determined that Elaine's medical bills and the harm to her should be valued at $1.3 million.  Sadly, Alvin did not live to see justice done.  </p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/07/13_million_verdict_against_cal.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/07/13_million_verdict_against_cal.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 29 Jul 2009 10:13:26 -0500</pubDate>
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         <title>Texas Nursing Home Neglects Resident, Causes Death</title>
         <description><![CDATA[<p>Wyvonne Fuqua suffered from dementia.  She was placed in the Heritage Western Hills Nursing Home in Fort Worth, Texas.  She stayed there for just two years.  Although her family visited her frequently, the dementia she suffered caused Wyvonne never to complain about the treatment she was receiving or the pain she was in.  When she was finally transferred to another facility, it became clear that she had become severely dehydrated and malnourished at Heritage Western Hills.  Even worse, she also had 16 bedsores covering her body that revealed fatty tissue and rotting skin that in some cases went all the way to the bone.  She died within two months of her removal from Heritage Western Hills.  Her family would later find out that the nursing home had been cited twice by the Texas Department of Human Services before for neglecting Wyvonne.  (The nursing home had failed to inform the family as required by law).  When Ms. Fuqua’s family took the nursing home to court, the jury was so outraged by the games the nursing home played, they awarded $10 million in punitive damages over and above what the family had asked for in the complaint.  The total verdict was for $312.8 million.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/07/texas_nursing_home_neglects_re.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/07/texas_nursing_home_neglects_re.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Mon, 13 Jul 2009 13:39:08 -0500</pubDate>
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         <title>Poor Care Causes $54 million Verdict against a New Mexico Nursing Home Corporation</title>
         <description><![CDATA[<p>In December of 2004, Lori Keith was preparing for her mother to come home from the nursing home.  Barbara Barber had only one week left at ManorCare's Camino Vista nursing home in Albuquerque, New Mexico and then she would be back in the comfort of her daughter’s house.  Unfortunately she never made it.  She died in a puddle of blood, vomit and dirty sheets.  Right after her death, the staff at ManorCare immediately scrambled to clean up the scene of her death disposing of any evidence of how Barbara really died.   ManorCare then altered Barbara’s medical records to make it appear that she was well cared for over the course of her stay.  ManorCare acknowledged that there were some time discrepancies in the medical records but insisted that understaffing was not an issue in Barbara’s case.  After seeing the real truth and the evidence, a jury wasn’t buying ManorCare's story.  In June, 2007, they awarded $54,000,000 for her mother’s pain and suffering.   </p>

<p>What I hope, more than anything here, is that ManorCare learned a lesson, and that they will hire enough <em>qualified</em> staff to care for all their residents.  All of them. ManorCare is a giant corporation, and thousands and thousands of lives are at stake.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/07/poor_care_causes_54_million_ve.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/07/poor_care_causes_54_million_ve.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Mon, 13 Jul 2009 09:45:51 -0500</pubDate>
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         <title>A Disturbing Story From Florida:  Nursing Home Resident’s Death Goes Unnoticed by Staff in Florida Nursing Home</title>
         <description><![CDATA[<p>Seventy-seven year old Gloria Baral was dying.  She had cancer.  She didn’t have much time left.  But imagine her family’s shock when they walked into her room at the Orchard Ridge Care and Rehabilitation Center in New Port Richey, Florida, to find her slumped over in her wheelchair, dead.  What was even worse was that she had been dead for quite some time.  </p>

<p>When her daughter first walked into Gloria's room, she just thought that she was slumped over.  Gloria's daughter immediately ran to her side to help Gloria up, only to notice that her mother’s body was no longer warm.  In fact, her body was cold.  How long had her mother gone unnoticed in this condition?  Gloria’s daughter also noticed that there was no call button within reach of her mother.  The nursing home informed the daughter that they had just recently checked on her mother.  And according to the funeral home, Gloria’s time of death is listed as 9:00 a.m. on June 21, 2009.   But Gloria’s daughter disputes that finding.  She arrived at the nursing home about 9:30.  How could a body get that cold in just under half an hour?  No one will ever know what happened in the last hours of Gloria Baral’s life.  They will never know if she suffered or passed peacefully.  Gloria’s family has filed an official complaint against the nursing home and may well pursue legal recourse, to ensure that no other resident or family member will suffer in the same way.  </p>

<p>Thanks go to our local CBS affiliate, WLTX, for picking up this story.  It is critically important that the public be made aware of what is really going on inside our communities' nursing homes.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/07/a_disturbing_story_from_florid.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/07/a_disturbing_story_from_florid.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 08 Jul 2009 12:59:26 -0500</pubDate>
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         <title>Verdict Report:  Family Awarded $20 million Against Negligent Lexington, Kentucky Nursing Home</title>
         <description><![CDATA[<p>Mr. Loren Richards was 84 years old and a resident of the Beverly Health and Rehabilitation nursing facility located just outside of Lexington, Kentucky.   On March 2, 2002 he died.  In the days leading up to his death, he had constantly cried out for help because he had terrible pains in his stomach.   He anguished pleas were ignored and untreated by the nursing home staff.  He was finally told that he was suffering from an impacted bowel.  By then was too late.  He soon died as a result of the nursing home's culture of negligent lack of care.  His family filed suit against the nursing home for the staff's knowing disregard of Mr. Richards.  A local jury carefully considered all the evidence from both sides, and awarded compensation of $20 million.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/06/verdict_report_family_awarded.html</link>
         <guid>http://www.southcarolinanursinghomelawyerblog.com/2009/06/verdict_report_family_awarded.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Thu, 25 Jun 2009 15:13:49 -0500</pubDate>
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         <title>Troubled West Palm Beach, Florida Nursing Home is Racking Up Fines</title>
         <description><![CDATA[<p>Azalea Court, a nursing home in West Palm Beach, Florida, is accruing fines left and right.  An August, 2008, report shows that a resident was found hurt on the floor of the nursing home.  Maggots crawling out of the resident's leg cast.  The resident had been admitted to the nursing facility with a detailed care plan which included instructions that the cast and the wound needed to be changed and cleaned every three days.  According to reports, Azalea Court could not provide adequate records detailing their care of the cast and wound and could only provide documented proof that they cared for the wound about once a week.   </p>

<p>In April, 2008 a state inspector was making a routine visit to the facility, when he found a resident who was a bilateral amputee, outside, asleep with a smoldering cigarette burning a hole into a towel that was covering his left stump.  According to this inspector, there was smoke rising from the hole in the towel and the edge of the hole was still burning bright red.  The resident had been labeled a safe smoker despite the fact that he had been found previously with a lit cigarette in his mouth and he was fast asleep.  The resident was also found to have bedsores covering his amputated limbs and buttocks.  The State had initially fined the nursing home $41,000 for both incidents but a settlement was later reached.  </p>

<p>The nursing home only had to pay $16,000.</p>]]></description>
         <link>http://www.southcarolinanursinghomelawyerblog.com/2009/06/troubled_west_palm_beach_flori.html</link>
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         <category>Nursing Home Abuse</category>
         <pubDate>Mon, 22 Jun 2009 09:51:54 -0500</pubDate>
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