Kentucky Injury Lawyer Blog

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.

Continue reading "Jury Awards $7.75 Million To Victim of Elder Abuse" »

In Kentucky there are state agencies responsible for managing nursing home complaints. Nursing home complaints can be filed by any person who has experienced, witnessed, or has knowledge of a legal violation or any other abuse to the elderly. The “Nursing Home Reform Act” was passed into law by the federal government in 1987. This piece of legislation provided minimum standards for the care that must be given to all nursing home residents State regulatory bodies also periodically evaluate any provider of services to the elderly for compliance with the afore-mentioned laws. These agencies are responsible for collecting and investigating any complaint that is made of perceived abuse perpetrated upon some of our states most helpless residents; the elderly.

A complaint can be made in person or in writing. Make certain to retain a copy of any complaint that you file and keep a record of exactly what happened and all the facts surrounding the alleged abuse. Nursing home complaints require personal information to be acted upon; your name, address, phone number, and relationship to the resident(s) in question will all be necessary for the complaint to be considered meritorious. There are also agencies such as Kentucky’s Adult Protective Services department which is charged with enforcing sate laws governing the treatment that is required of any medical facility that provides services to the elderly.

Kentuckians for Nursing Home Reform is a non-profit organization dedicated to making a positive difference in the lives of the 23,000 “Forgotten Kentuckians” in nursing homes by: (1) Educating the public about the critical need to improve the care of residents in nursing homes; and (2) Advocating for laws and regulations that will ensure that nursing home residents will be safe and comfortable.

Kentuckians for Nursing Home Reform needs your help: visit www.kynursinghomereform.org to learn more.

Here is a list of items on KNHR's Action Agenda:

Quality staffing standards (i.e. minimum staffing standards)

The Federal Five-Star Rating System adopted in Kentucky

Transparency in ownership and enforcement (i.e. citations and ownership interests made public)

Oral health (state enforcement of requirements)

Criminal background checks mandatory for nursing home employees

Random drug testing of caregivers

Alzheimer's training for caregivers

Standardized end-of-live regulations

Prevention of 'dumping' of nursing home residents

Quality care monitoring for assisted living communities

Monitoring over-use of anti-psychotic drugs

A watchdog committee for the CMP

Support funding a full-time nursing home ombudsmen

University research on Long Term Care

Elder abuse, neglect, and nursing home negligence are real problems in Kentucky, and most victims of such abuse are unaware that there is information available that can be gleaned in advance that could have helped in choosing a long-term care facility for loved ones. Through the power of the internet information located at www.iqnursinghomes.com can aid in the search for a quality facility in Jefferson and surrounding counties in Kentucky.

IQ Nursing Homes has comprehensive list of nursing homes facilities detailing all complaints against nursing homes, and providing information about the outcome and subsequent measures taken in response to such a complaint. The information available to persons searching for a place in which to re-locate a loved one is available and easily accessible to allow interested parties to make the best, and most informed decision possible.

The incidence of nursing home neglect and elder abuse in Kentucky and the U.S. is alarming. Studies estimate that approximately 2.1 million older Americans are victims of abuse or neglect. This abuse or neglect is often physical but can also be psychological or even sexual in nature. And these terrible statistics are likely underreported. Some studies suggest that for every case of elder abuse or neglect, there are five cases that are not reported.

Many nursing home residents are simply unable to report abuse or neglect that they suffered or witnessed happening to another resident because of their weakened condition. 66 percent of nursing home residents suffer from cognitive difficulties, including Alzheimer’s disease or dementia, which severely limits their ability to take care of themselves or report abuse or neglect.

Those who are capable of reporting abuse may fear that doing so will result in further abuse. They feel helpless and vulnerable. Many nursing home residents do not have friends or relatives who are able to check on them regularly.

It is important to note that there are some very dedicated competent professionals working in Kentucky's nursing homes and some homes that provide excellent care, are appropriately staffed, and do it the right way. However, neglect and abuse in nursing homes is pervasive and is a problem that seems to be trending in the wrong direction.

Studies suggest that elderly people who have been abused tend to die earlier than those who are not abused, even in the absence of disease or other chronic conditions.

The most common physical manifestations of nursing home neglect which lead to serious injury or death of residents are pressure sores, pressure ulcers, decubitus ulcers, and sepsis.

Continue reading "Kentucky Nursing Home Lawyer: Abuse & Neglect Statistics Alarming" »

The A.P. and Kentucky.com are reporting that a nurse at a nursing home in Louisville, Kentucky who sat at the nurse's station sending text messages and eating snacks instead of responding to an elderly patient in obvious distress has plead guilty to criminal neglect. According to Shawn Cantley, a Kentucky lawyer who handles civil cases involving nursing home neglect said, "while nursing home neglect is all too common, especially with elderly patients, criminal convictions for this are extremely rare."

According to the AP report, the Attorney General's office in Frankfort, Kentucky says Stacy Harrison, 49, of Henderson, kentucky, a former employee of Hurstborne Care Center in Louisville, Kentucky, agreed to a 5-year sentence and the forfeiture of his nursing license, and agreed to never again apply to be a nurse in Kentucky or any other state.

Prosecutors claimed that Harrison, knowing of an elderly patient who was vomiting and showing other signs of distress, rather than responding sat at the nurses' station sending text messages and eating snacks.

"Elderly residents of nursing homes have the right to be treated competently and with dignity and respect," said Shawn Cantley.

A Louisville Kentucky nursing home for people with Alzheimer's disease has been cited for endangering the lives of residents by failing to properly care for them, according to published reports. Reportedly, this is second time in five months that the nursing home has been cited.

According to the Louisville Courier-Journal, Kentucky state investigators found that a resident who was injured in an early morning fall did not receive medical attention for injuries until family members arrived in the afternoon and demanded that a doctor be called. The injured resident was taken to a hospital emergency room, where she was treated for a pelvic fracture, low blood pressure and a laceration on her elbow that required stitches, the citation said.

Arden Courts received a "Type A" citation — the most serious — on June 22 from the inspector general with the state Cabinet for Health and Family Services, which licenses personal care homes.

Also, investigators found that Arden Courts failed to prevent accidents and ensure the safety of that resident and two others who had been injured in falls, the citation said.

"It's unfortunate that a citation of this type only carries a maximum of a $5,000 fine," said Shawn Cantley, a Louisville Kentucky nursing home neglect lawyer. "However, nursing homes who neglect their residents are subject to a civil lawsuit, which can result in significant monetary damages. When dealing with a large nursing home corporation, sometimes money is the only language they understand."

In February, the state cited Arden Courts for failing to provide proper care for seven residents who suffered repeated falls, according to the Courier Journal. Two had developed bedsores and four of them had experienced significant weight loss, according to the report. The Feb. 13 citation said all seven residents needed more skilled care and assistance than Arden Courts is licensed to provide.

"Often times injury and even death to nursing home residence results from greed," said Shawn Cantley. "Private nursing home corporations take on more residents than they are prepared to care for, or residents who need more supervised care than the nursing home is equipped to provide. The best incentive to stop this is to make them pay money, what they value the most, when they get caught for breaking the rules and someone gets hurt as a result."

The Lexington Herald-Leader is reporting that an 84-year-old Versailles man has been arrested on a charge of sexual abuse of a woman at a Frankfort nursing home, police said. Frankfort police received a complaint Thursday from Bradford Square Rehabilitation & Nursing Center on Lawrenceburg Road that a visitor had sexually abused a patient there. http://www.kentucky.com/181/story/840048.html

Bahe Cook Cantley & Jones personal injury and wrongful death attorney Larry Jones is experienced in representing victims of sexual molestation and sexual abuse. Larry says that it is unclear whether the nursing home bears any responsibility for the assault. However, Larry who has represented numerous nursing home neglect victims says "nursing homes are responsible for ensuring the safety of their residents." Larry says it is important to determine how long the abuse went on and what the nursing home's policy is on visitors. Larry says, "a nursing home has to take measures to make sure that not just anyone can visit patients and that nursing home staff are responsible for regularly checking on residents."

For more information, visit http://www.kentuckyinjurylaw.com/