Kentucky Injury Lawyer Blog

The Lexington Herald-Leader is reporting that the nursing home industry gave at least $1.8 million to Kentucky politicians over the last decade while lobbying against bills that would require them to hire more direct-care employees, face higher fines for violations and abide by stronger precautions against elder abuse, among others.

The Herald-Leader examined the industry's campaign donations following stories earlier this summer that revealed systemic gaps in the state's handling of abuse and neglect cases at nursing homes.

Read the whole story in the Herald-Leader by clicking here

Vanessa Cantley, partner with Bahe Cook Cantley & Jones, is an attorney experienced in representing victims of nursing home abuse and neglect. For more information about the rights of individuals neglected or abused in nursing homes, click here to e-mail Vanessa directly.

Governor Beshear has asked the Cabinet for Health and Family Services to review how the Kentucky government handles reports about abuse and neglect at nursing homes, the Lexington Herald-Leader reports.

As part of its special report,Voiceless and Vulnerable, the Herald-Leader examined 107 Type A citations and found that only seven of those cases led to prosecutions by the Commonwealth. Type A citations are those issued whenever a resident’s life or safety was endangered. The Governor has asked the Cabinet to review “the effectiveness of the coordination of efforts among state agencies and local prosecutors.”

When interviewed, Bernie Vonderhelde, founder of Kentuckians for Nursing Home Reform, told the Lexington Herald-Leader that the review was “a significant victory for the thousands of people in long-term care facilities.” According to the newspaper’s investigation, police officers as well as coroners are rarely notified of nursing home deaths or injuries.

The review comes in the wake of a decrease in the number of nursing home inspectors. In addition to potential criminal charges nursing homes and their staff may be civilly liable for abuse and neglect.

If you or someone you know has been the victim of suspected nursing home neglect or abuse you should contact an experienced attorney immediately. They might be able to help you with getting proper medical treatment, preserving necessary evidence, getting the Inspector General to investigate, and protecting the rights and interests of the victim. The attorneys of Bahe Cook Cantley & Jones represent victims of nursing home neglect and abuse. If you have any questions, feel free to contact Shawn Cantley directly by clicking here: Shawn's Mail

Since 2005, the number of Kentucky nursing home inspectors has steadily decreased. Nursing home inspectors are tasked with ensuring nursing homes comply with state and federal law as well as investigating allegations of neglect or abuse.

On June 30, 2005, Kentucky had 90 inspectors. That number has since dropped to 72.

Federal officials have found that decreases in the number of inspectors often leads to underreporting of serious problems in nursing homes, the Lexington Herald-Leader reports. Kentuckians for Nursing Home Reform reported the understaffing trend last week. Understaffing means the “quality of care will slip” because “good enforcement is the key to quality care,” said Bernie Vonderhelde, the group’s founder and president.

The inspectors play a crucial role in discovering and preventing substandard care. The inspectors are responsible for nearly 600 licensed long-term care facilities in Kentucky, including nursing homes and facilities for the mentally disabled.

Regardless of the reasons for the staff shortage, nursing home neglect and abuse is a serious problem. If you or someone you know has been the victim of suspected nursing home neglect or abuse you should contact an experienced attorney immediately. They can often help you with getting proper medical treatment, preserving necessary evidence, getting the Inspector General to investigate, and protecting the rights and interests of the victim.
The attorneys of Bahe Cook Cantley & Jones represent victims of nursing home neglect and abuse. If you have any questions, feel free to contact Shawn Cantley directly by clicking here: profile.

For the full text of the Lexington Herald-Leader article, click here.

Here at Bahe Cook Cantley & Jones our friends and clients often ask us if we know of any resources to find out about nursing and retirement homes before they or a family member move into one.

Our involvement with nursing and retirement homes usually takes place after a facility employee abuses a resident or fails to live up to the standard of care residents, their family members, and society expect of them. We have, however, come across a few websites that might be helpful to those selecting a facility in the first place.

We are not affiliated with these websites in any way, we have no control over their content, nor can we assure you that these sites will continue to operate or remain free after this posting. Without further ado:

RetireNet allows you to search for active communities or care facilities either by name or by characteristic. Once you have selected a facility it will tell you the results of their most recent inspections and some general information about the facility.

Nursing Homes Ratings will provide information regarding reports of nursing home abuse and neglect. It is searchable by name or state and county.

Hospital-Data.com stores informative profiles of hospitals, medical clinics and nursing homes. The profiles include in-depth information on services provided as well as the number of staff in the different facilities.

Finally, Medicare’s website, in addition to providing guidance on planning for long-term needs, provides users with the ability to compare hospitals and nursing homes. After clicking on this link, click on “Facilities & Doctors” to access the compare feature.

Hopefully these websites will help you protect yourself and your loved ones. In the unfortunate event that you or a family has been a victim of or suspects nursing home abuse or neglect and have questions, feel free to contact Shawn Cantley directly by clicking here: profile.

Two nursing homes in Missoula, Montana have settled a lawsuit filed by a former patient’s family for wrongful death. The two suits settled after almost a full week of trial was complete; the cases settled for an undisclosed amount with the family of a man that died while under nursing home care in 2005. The family of Mr. Ralph Seewald claimed in the suit that the two medical providers, Riverside Health Care Center and the Village Health Care Center were negligent in failing to provide adequate care for Ralph Seewald. The family alleges that the care given to Seewald did not meet the standards promised by the nursing homes.

Mr. Seewald fell, fracturing his neck during a transfer from his wheelchair, an accident that confined him to his bed. Unfortunately, this state allowed him to develop, he then developed severe pressure ulcers that became increasingly problematic over a period of months, and led to a fatal case of gangrene in his leg.

The Seewald family sought relief for negligence, medical malpractice, wrongful death, deceit, breach of contract, fraud and others. Through the lawsuit, the family sought compensation for pain and suffering, mental anguish, severe emotional distress, grief, sorrow, medical and funeral expenses, loss of companionship, and other damages caused by the defendants’ alleged negligence. The family also sought punitive damages.

A Philadelphia jury last week awarded a judgment that included $5 million in punitive damages against Jeanes Hospital and a Wyncote nursing home in what has been described as a very rare award of punitive damages in such a case. The case was brought by the estate of a man who ultimately died after developing bedsores while at both facilities.

The damages - $1.5 million against Jeanes and $3.5 million against the Hillcrest Convalescent Home were awarded to the widow of Joe N. Blango. The awards will go to Mr. Blango’s estate.
It has been widely thought and commented on by experts in the filed of Philadelphia Nursing Home Negligence litigation that this award may very well be the first of kits kind in the greater Philadelphia area.

Rebecca Harmon, a spokeswoman for Temple University Health System, which owns Jeanes, said Temple would appeal the verdict stating "There is not one shred of evidence to support any liability in this case as it relates to Jeanes Hospital, and the contemplation of punitive damages is simply inexplicable," she said in an e-mail. "We're very proud of the high-quality care provided to patients each and every day at Jeanes Hospital."

Another nurse's aide at Madison Manor Nursing Home in Richmond, Kentucky has plead guilty of abusing and/or neglecting one of the elderly residents she was paid to help and keep safe.

Amanda Sallee, a former nurse's aide at the Richmond, Kentucky nursing home, pleaded guilty Thursday to wanton abuse and neglect of an adult, according to the Attorney General's office.

Abuse and neglect of elderly nursing home residents can be hard to prove, but her outlandish conduct was actually caught on a hidden video camera placed in the room of 84 year old Armeda Thomas. Thomas' relatives put the camera in her room after they became concerned about her treatment at the facility.

Ms. Sallee is the third nurse's aide to plead guilty in connection with abuse and neglect at the nursing home.

For more information on the rights of the elderly and other vulnerable adults neglected or abused in nursing homes, feel free to contact Kentucky nursing home attorney Shawn Cantley. His contact information can be found by clicking here.

We have been reporting here at kentuckinjurylawyerblog tips for recognizing signs of nursing home abuse. In addition to abuse, nursing home neglect is also far too common. Neglect occurs when an adult is unable to perform or obtain for himself the goods or services that are necessary to maintain his health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult. Neglect may be intentional or unintentional. For example, a caring aide who is poorly trained may not know how to provide proper care. Regardless of whether the neglect is intentional or unintentional, it is still against the law.

The Kentucky Office of the Attorney General has published a booklet to assist individuals in recognizing the signs of nursing home abuse, neglect, and exploitation. The following are some indicators of neglect:

Substandard care which often results in one or more of the following conditions:
* immobilization
* loss of bowel or bladder control
* dehydration
* bed sores
* depression

Failure to turn or reposition resident on a regular schedule, including use of physical restraints or overmedication, which leads to:
* limb contractures
* skin breakdown (bed sores)

Lack of toileting or changing of disposable briefs, which causes:
* loss of bowel or bladder control, resulting in residents sitting in urine and feces
* increased falls and agitation
* indignity
* skin breakdown
* persistent odor of urine or feces

Unmet personal or medical needs:
* inappropriate clothing
* poor hygiene
* incorrect use or administration of medicine

Poor or absent oral hygiene, which leads to:
* tooth decay
* oral infections
* loose teeth

Lack of assistance with eating and drinking or inadequate or improperly prepared food, which leads to:
* malnutrition
* dehydration
* weight loss

Lack of assistance walking/moving, which leads to lack of mobility

Poor hand washing techniques, which leads to infection

Withdrawal or isolation which may be caused by the failure to provide assistance and/or encouragement in participating in activities of interest

Ignoring call bells or cries for help

If you suspect a friend or loved one has suffered or is currently suffering from abuse or neglect in a nursing home, please feel free to contact Vanessa Cantley, partner at Bahe Cook Cantley & Jones, to discuss their legal rights. Vanessa can be reached at (866) 587-0002, or you can e-mail her by clicking here: e-mail Vanessa.

Advocates and families who have witnessed first hand Kentucky nursing home neglect are hoping Kentucky will follow 37 other states in the U.S. and enact a law that requires a minimum level of staffing in Kentucky nursing homes.

Families who are pushing for passage of House Bill 157, a state law that would impose minimum staffing levels at all Kentucky nursing homes. If passed, the law would require dayshift staffing minimums of at least one nurse's aide for every nine nursing home residents, one nurse for every 21 residents and a registered nurse supervisor for facilities with at least 75 beds. There would also be minimum staffing levels, which would be a little less stringent, for evening and night shifts. Nursing homes that didn't comply would face limits on taking new patients and fines of up to $1,000 a day.

However, even though 37 other states have such a law, the supporters of the bill are afraid that it will not even be brought up for a vote in the Kentucky General Assembly because of lobbying and money from the nursing home industry.

According to Shawn Cantley, a Kentucky attorney who advocates on behalf of families and victims of nursing home neglect: This is extremely unfortunate, because nursing home safety advocates and lawyers who represent victims of nursing home neglect and abuse--along with many families of nursing home neglect--know all to well the problems in Kentucky's nursing homes related to under staffing. Reform advocates argue that Kentucky's nursing homes are rife with problems related to low staffing.

A study commissioned by the Louisville Courier-Journal of federal nursing home data showed that in nearly half of Louisville, Kentucky's 47 nursing homes staffing is considered “very poor” or “poor” and “well above average” at only three.

Anyone interested in speaking with Shawn Cantley about nursing home neglect can email him by clicking this link: email_shawn.

A jury awarded $7.75 million to the family of a 71-year-old who filed a lawsuit against the Fillmore Convalescent Center, which is located in Ventura County, California
The most controversial and convincing evidence was a secret videotape of the elderly woman being subject to abuse. The jury deliberated for two days before announcing the verdict, which included $5 million in punitive damages.

In 2006, Maria Arellano’s family kept noticing that she was bruised and she appeared to be suffering from lack of care. Management was contacted and a complaint was lodged, however the center dismissed the complaint without even investigating the family’s concerns. Ms. Arellano’s family felt they were justified in their concerns so they set up a hidden video camera on a table in her room.

Gregory Johnson, the family’s attorney, said the videotape showed Monica Garcia, a Fillmore employee slapping Ms. Arellano, pulling her hair, bending her neck, fingers and wrists, and treating her in an abrupt and combative manner while she was using a shower chair. Garcia was criminally charged and pleaded no contest to simple battery in February.

In early December the Fillmore Convalescent received a “five-star rating”, the highest, from the Nursing Home Compare system, operated by the Centers for Medicare and Medicaid Services.

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