Hey America, how do you like this news? The Washington Post reports that more than 90 percent of U.S. nursing homes were cited for violating federal care standards in each of the past three years, according to the inspector general at the Department of Health and Human Services. For-profit facilities -- the most common type of nursing home -- had more violations, on average, than did other types of homes and they were more likely to be deficient.
The problems included infected bedsores, medication mix-ups, poor nutrition as well as abuse and neglect of patients. Inspectors received 37,150 complaints about conditions in nursing homes last year, and they substantiated 39 percent of them, the report said. About one-fifth of the complaints verified by federal and state authorities involved the abuse or neglect of patients.
Who are the "for-profit nursing homes? Try Medical Facilities of America (which trades under too many different names to list), The Carlyle Group (owner of HCR Manor Care), Avante, Beverly, Brian Center, Eldercare, Heritage Hall, SunBridge, and many, many others.
All for-profit nursing homes are not bad places. However, I would closely investigate any for-profit nursing home BEFORE placing a loved one in their care! I would want to make sure the facility was not putting "profits over people."
Tuesday, September 30, 2008
Thursday, September 25, 2008
CARILION ROANOKE MEMORIAL IN THE NEWS AGAIN
Folks in Southwest Virginia were treated to a new story on the level of care provided by our region's largest healthcare provider, the Carilion Health System! The Roanoke Times article entitled, "Carilion Scolded for Gaps in Safety," doesn't paint a pretty picture. The Centers for Medicare and Medicaid Services is not happy about the level of care provided by Carilion's Emergency Department.
We have posted a more extensive article on InjuryBoard.
We have posted a more extensive article on InjuryBoard.
Monday, September 22, 2008
BAD THINGS HAPPEN IN NURSING HOMES WITHOUT ENOUGH NURSES!
Here it is again...another example of what happens when nursing homes put profits ahead of caring for people.
Doris Wolfe stayed at Spring Creek Healthcare Center (Colorado) for 17 days to rehabilitate following back surgery. Unfortunately, she broke her ankle the day she was supposed to be sent home. According to an investigation by the Colorado Department of Public Health and Environment, Wolfe may have turned on her call light to request help to go to the bathroom. When Wolfe thought an "extended amount of time passed" and no one answered her request, she opted to try to walk toward her walker on her own and fell and broke her ankle. Complications from her ankle injury lead to her death.
Jay Reinan, a Denver lawyer who represented the Wolfe family, said Doris Wolfe did push the button. "As a result of staffing deficiencies, Mrs. Wolfe was left to decide between soiling herself or attempting to go to the bathroom on her own, and that eventually led to her death," Reinan said. "With a lot of older folks, dignity is important, and that's what happened to Mrs. Wolfe."
Ask to see the staffing policies BEFORE choosing a nursing home for a loved one. And do not take take the administrator's answer as the truth...ask current residents if there are enough staff nurses at the nursing home to provide appropriate and timely care.
Doris Wolfe stayed at Spring Creek Healthcare Center (Colorado) for 17 days to rehabilitate following back surgery. Unfortunately, she broke her ankle the day she was supposed to be sent home. According to an investigation by the Colorado Department of Public Health and Environment, Wolfe may have turned on her call light to request help to go to the bathroom. When Wolfe thought an "extended amount of time passed" and no one answered her request, she opted to try to walk toward her walker on her own and fell and broke her ankle. Complications from her ankle injury lead to her death.
Jay Reinan, a Denver lawyer who represented the Wolfe family, said Doris Wolfe did push the button. "As a result of staffing deficiencies, Mrs. Wolfe was left to decide between soiling herself or attempting to go to the bathroom on her own, and that eventually led to her death," Reinan said. "With a lot of older folks, dignity is important, and that's what happened to Mrs. Wolfe."
Ask to see the staffing policies BEFORE choosing a nursing home for a loved one. And do not take take the administrator's answer as the truth...ask current residents if there are enough staff nurses at the nursing home to provide appropriate and timely care.
Tuesday, September 16, 2008
GREAT NEWS - NURSING HOME FINDS FELON!
I am from a few counties away from here in Florida, so it is with great pride I relay this news story to you:
SEMINOLE COUNTY, Fla. (WOFL FOX 35, Orlando) -- One of America’s Most Wanted is behind bars and the US Marshals are crediting FOX 35 viewers.
He had been on the run for 8 years and on Tuesday afternoon U S Marshals arrested 68-year-old David Green at a Titusville nursing home.
Marshals say Green had a stroke several months ago and was sent to a Titusville nursing home where he was recovering.
Little did the people there know they were living with one of the country's top 15 most wanted fugitives.
David Green likes to be referred to as "Daddy Dave". He was convicted of cocaine distribution and was serving a four year sentence at an Ohio federal prison when cops say he broke out and headed south.
The US Marshals call him one bad dude. They say he was the kingpin of a largest cocaine operation in the state of Ohio. "Everybody is afraid of this man. he ruled with an iron fist he's known as the general of his army, his cocaine ring," said Jimmy Disbrow from the US Marshals Service.
They say he used family vacations as covers for transporting drugs and cops say he's not a family guy, known for waking up his sleeping children with stun guns.
The marshals say it was difficult to track him over the years because he used plastic surgery to change his looks and would wear disguises like hair pieces.
But eventually his luck ran out. Green had a stroke and ended up at the Titusville rehabilitation and nursing center.
Green is also wanted on a warrant from Georgia and he's charged with possessing a machine gun and more drug charges.
END OF STORY
Now - I wonder. If your Dad is this guy's roommate - does that cause you any alarm?
SEMINOLE COUNTY, Fla. (WOFL FOX 35, Orlando) -- One of America’s Most Wanted is behind bars and the US Marshals are crediting FOX 35 viewers.
He had been on the run for 8 years and on Tuesday afternoon U S Marshals arrested 68-year-old David Green at a Titusville nursing home.
Marshals say Green had a stroke several months ago and was sent to a Titusville nursing home where he was recovering.
Little did the people there know they were living with one of the country's top 15 most wanted fugitives.
David Green likes to be referred to as "Daddy Dave". He was convicted of cocaine distribution and was serving a four year sentence at an Ohio federal prison when cops say he broke out and headed south.
The US Marshals call him one bad dude. They say he was the kingpin of a largest cocaine operation in the state of Ohio. "Everybody is afraid of this man. he ruled with an iron fist he's known as the general of his army, his cocaine ring," said Jimmy Disbrow from the US Marshals Service.
They say he used family vacations as covers for transporting drugs and cops say he's not a family guy, known for waking up his sleeping children with stun guns.
The marshals say it was difficult to track him over the years because he used plastic surgery to change his looks and would wear disguises like hair pieces.
But eventually his luck ran out. Green had a stroke and ended up at the Titusville rehabilitation and nursing center.
Green is also wanted on a warrant from Georgia and he's charged with possessing a machine gun and more drug charges.
END OF STORY
Now - I wonder. If your Dad is this guy's roommate - does that cause you any alarm?
SELECTING A NURSING HOME
My local newspaper, The Roanoke Times, recently published an article by Dr. Michael Camardi, an internal medicine doctor who spends a large portion of his professional time treating elderly patients in our area. The article ("Include the Patient When Selecting a Nursing Home") starts out describing a family at wit's end in caring for an elderly family member who needs around the clock attention. The know they need to find a good nursing home - but the question is how.
In the article, Dr. Camardi lists 11 separate and important considerations for families trying to find the best nursing home for their family member. The list is excellent and a must read for everyone dealing with this important decision.
I would like to add one more consideration to make it an even dozen. Watch out for "for-profit" nursing homes. They are not all bad but some put "profits over people." On the the other hand, I have represented residents and their families in cases of elder abuse and neglect for over 15 years and I have never seen a valid case against a non-profit, religious-based/supported nursing home!
In the article, Dr. Camardi lists 11 separate and important considerations for families trying to find the best nursing home for their family member. The list is excellent and a must read for everyone dealing with this important decision.
I would like to add one more consideration to make it an even dozen. Watch out for "for-profit" nursing homes. They are not all bad but some put "profits over people." On the the other hand, I have represented residents and their families in cases of elder abuse and neglect for over 15 years and I have never seen a valid case against a non-profit, religious-based/supported nursing home!
Friday, September 12, 2008
LEGISLATIVE BRANCH - OUR ONLY HOPE
Do you remember in Star Wars when Princess Leia says "Help me Obi-Wan Kenobi, you're my only hope?"
Well where do you turn when nursing homes continue to require families to sign arbitration contracts, without proper instruction as to what the contracts mean?
"Help me Congress - you are our only hope!"
Legislation Eliminates Mandatory Binding Arbitration as a Shield for Negligent Nursing Home Corporations
"Washington, DC— Today, the Senate Judiciary passed the Fairness in Nursing Home Arbitration Act (S.2838), moving Wisconsin resident David Kurth and his family one step closer to getting justice. David Kurth testified before the Senate Judiciary Committee in June about the tragic death of his father, William F. Kurth who died due to severe neglect of care while in a nursing home facility. When the Kurth family tried to hold the nursing home corporation accountable they were told that Mrs. Kurth, who was 82 at the time, unknowingly signed an arbitration clause.
The Kurth family is just one of many families around the country that are forced into binding mandatory arbitration clauses when trying to find long term care for their loved ones. The Fairness in Nursing Home Arbitration Act would prevent nursing home corporations from forcing these agreements on patients and their families before a dispute occurs. The House of Representatives Judiciary Committee passed similar legislation in July.
“The practice of mandatory arbitration in nursing home contracts is one that preys on vulnerable seniors and their families when they are making tough decisions about long-term care,” said American Association for Justice (AAJ) President Les Weisbrod. “It is a system deliberately designed to take advantage of the weakest members of our society in order to pad the profits of greedy nursing home corporations.”
“AAJ attorneys represent families who are still recovering from the tragic neglect of a loved one when they are told that they cannot hold the nursing home accountable because of a hidden arbitration clause. The Fairness in Nursing Home Arbitration Act would ensure that no other families are duped out of their right to get justice after a nursing home tragedy.”
Well where do you turn when nursing homes continue to require families to sign arbitration contracts, without proper instruction as to what the contracts mean?
"Help me Congress - you are our only hope!"
Legislation Eliminates Mandatory Binding Arbitration as a Shield for Negligent Nursing Home Corporations
"Washington, DC— Today, the Senate Judiciary passed the Fairness in Nursing Home Arbitration Act (S.2838), moving Wisconsin resident David Kurth and his family one step closer to getting justice. David Kurth testified before the Senate Judiciary Committee in June about the tragic death of his father, William F. Kurth who died due to severe neglect of care while in a nursing home facility. When the Kurth family tried to hold the nursing home corporation accountable they were told that Mrs. Kurth, who was 82 at the time, unknowingly signed an arbitration clause.
The Kurth family is just one of many families around the country that are forced into binding mandatory arbitration clauses when trying to find long term care for their loved ones. The Fairness in Nursing Home Arbitration Act would prevent nursing home corporations from forcing these agreements on patients and their families before a dispute occurs. The House of Representatives Judiciary Committee passed similar legislation in July.
“The practice of mandatory arbitration in nursing home contracts is one that preys on vulnerable seniors and their families when they are making tough decisions about long-term care,” said American Association for Justice (AAJ) President Les Weisbrod. “It is a system deliberately designed to take advantage of the weakest members of our society in order to pad the profits of greedy nursing home corporations.”
“AAJ attorneys represent families who are still recovering from the tragic neglect of a loved one when they are told that they cannot hold the nursing home accountable because of a hidden arbitration clause. The Fairness in Nursing Home Arbitration Act would ensure that no other families are duped out of their right to get justice after a nursing home tragedy.”
32 LB CYST!
I subscribe to a few blogs myself and this post caught my eye this morning:
Doctor misses 32 lb. cyst.
Why and how could he miss that?
Apparently he said she was overweight.
Could they remove it? YES - along with her ovaries, womb and fallopian tubes. And the physician is still practicing, although in New Zealand where he lives, no one will know his name or about his mistake. While I see that would be helpful for his practice, how is that helpful for his other patients?
I like to know when I am going to a doctor that has been in trouble before.... or even better, one who has no Dept. of Health complaints.
Doctor misses 32 lb. cyst.
Why and how could he miss that?
Apparently he said she was overweight.
Could they remove it? YES - along with her ovaries, womb and fallopian tubes. And the physician is still practicing, although in New Zealand where he lives, no one will know his name or about his mistake. While I see that would be helpful for his practice, how is that helpful for his other patients?
I like to know when I am going to a doctor that has been in trouble before.... or even better, one who has no Dept. of Health complaints.
CONFIDENTIAL SETTLEMENTS: AN ETHICAL DELIMMA
Over 90% of the civil lawsuits filed in America are never tried to a judge or jury. They are settled. A typical medical negligence or nursing home abuse case can take 18 months to 2 years to resolve. Most cases are settled because during the time the case is pending depositions are taken, answers obtained, and documents reviewed. Each side learns about the strengths and weaknesses of their position.
The problems comes at the end of the case. The hospital, doctor, or nursing home wants the details of the lawsuit and the fact of the settlement to remain confidential. The health care providers don't want anyone to see their "dirty laundry." The client/patient/family member just wants the case over with and to receive whatever compensation was agreed to in the settlement. Here is where the ethical issue comes in!
The public has a right to know that a certain doctor, dentist, hospital, or nursing home did a lousy job and someone got hurt or was killed as a result. Remember, a suit was filed in our court system. A court system that is open to all. People have a right to know the outcome of public cases.
America is a better place when the sun shines on us all!
The problems comes at the end of the case. The hospital, doctor, or nursing home wants the details of the lawsuit and the fact of the settlement to remain confidential. The health care providers don't want anyone to see their "dirty laundry." The client/patient/family member just wants the case over with and to receive whatever compensation was agreed to in the settlement. Here is where the ethical issue comes in!
The public has a right to know that a certain doctor, dentist, hospital, or nursing home did a lousy job and someone got hurt or was killed as a result. Remember, a suit was filed in our court system. A court system that is open to all. People have a right to know the outcome of public cases.
America is a better place when the sun shines on us all!
Wednesday, September 10, 2008
WEST VIRGINIA NURSING HOME FACES LAWSUIT
Why can't nursing homes take good care of our family members? The corporations which own these facilities are making plenty of money. Is there a good reason why they cannot spend some of that money on patient care?
The latest sign of the times comes from West Virginia. The estate of woman who died from injuries sustained in a Dunbar nursing home has filed a lawsuit against Sunbridge Care and Rehab and the Sun Healthcare Group, Inc., seeking compensatory and punitive damages. According to the suit, the resident, Ferris McCarty, was admitted to Sunbridge Care and Rehab in January 2006, at the age of 79. Upon her admission, McCarthy suffered from dementia and could no longer handle her affairs. Her cognitive and physical skills were impaired.
The suit alleges McCarty suffered serious injuries as a result of multiple falls, weight loss, dehydration, malnutrition, constipation, a perforated bowel, and infections. The suit alleges that these injuries lead to her death on August 10, 2006, a mere 8 months after her admission. Sure these allegations have to be proven...but I bet they will be.
My open challenge...let's hear from someone who will defend the nursing home's care of Ferris McCarty!
The latest sign of the times comes from West Virginia. The estate of woman who died from injuries sustained in a Dunbar nursing home has filed a lawsuit against Sunbridge Care and Rehab and the Sun Healthcare Group, Inc., seeking compensatory and punitive damages. According to the suit, the resident, Ferris McCarty, was admitted to Sunbridge Care and Rehab in January 2006, at the age of 79. Upon her admission, McCarthy suffered from dementia and could no longer handle her affairs. Her cognitive and physical skills were impaired.
The suit alleges McCarty suffered serious injuries as a result of multiple falls, weight loss, dehydration, malnutrition, constipation, a perforated bowel, and infections. The suit alleges that these injuries lead to her death on August 10, 2006, a mere 8 months after her admission. Sure these allegations have to be proven...but I bet they will be.
My open challenge...let's hear from someone who will defend the nursing home's care of Ferris McCarty!
Monday, September 08, 2008
NON PROFIT - DOES IT MATTER?
There has been a great deal of press in our local papers (and National) about non-profit health care providers....
So What essentially is the difference between non-profit or for profit?
Non-Profit:
So What essentially is the difference between non-profit or for profit?
Non-Profit:
- Tax Exempt - does not pay property taxes
- No Shareholders
- Has a Board of Directors (which is usually not paid for service)
- Must have a charitable or religious purpose
- Does not have a legal duty to make money for shareholders
For-Profit
- No special taxes (must pay like other businesses)
- Corporation with goal to make money above and beyond salary
- Legal Duty to make money for shareholders
So what does it mean in practice? Well - for some facilities, not much. For others it could mean cost-cutting measures are in place to maximize profits. How can you as the consumer tell if a nursing home is non-profit? go to www.medicare.gov - and look it up.
Its not a scientific study, but something to think about - in 3 years, we haven't filed a single negligence case against a Non-Profit Nursing Home in VA!!!
See more about the local debate
http://link.brightcove.com/services/link/bcpid1753162320/bctid1757572975
DOCTORS SUED OVER ALLEGED KICKBACKS!
Most Americans know by now that doctors get all kinds of "freebies" from the pharmaceutical and medical device industries. Besides the possible illegality of the situation, it makes me question the safety of the drugs and devices used by those doctors. If the products were so good...the manufacturers would not have to "purchase" their use with freebies for the doctors.
The issue has gotten even more interesting in Kentucky. Seven prominent Louisville spine surgeons are among more than 100 defendants accused of getting kickbacks from device-maker Medtronic for using or recommending its products. The suit contends Medtronic paid "sham" consulting fees to influence doctors -- including an alleged total of about $1 million to the Louisville surgeons in 2006 alone. The payments ranged from $50,000 to over $200,000 in 2006.
My take: The pharmaceutical and medical device manufacturers in America are sophisticated and very profitable. Do you think they would pay this kind of money and not expect something in return? I don't!
The issue has gotten even more interesting in Kentucky. Seven prominent Louisville spine surgeons are among more than 100 defendants accused of getting kickbacks from device-maker Medtronic for using or recommending its products. The suit contends Medtronic paid "sham" consulting fees to influence doctors -- including an alleged total of about $1 million to the Louisville surgeons in 2006 alone. The payments ranged from $50,000 to over $200,000 in 2006.
My take: The pharmaceutical and medical device manufacturers in America are sophisticated and very profitable. Do you think they would pay this kind of money and not expect something in return? I don't!
Friday, September 05, 2008
SO SUE ME!
A recent article in the WallStreet Journal highlighted a local hospital's efforts to collect from unpaying hospital customers.
This came as no surprise to me as I have had to wait in local general district court rooms for hours, to have my case called behind the hospital collection cases. And these weren't families that owed hundreds of thousands - in this court, the most that can be at issue is $15,000.
So why in a market economy, is collecting from unpaid customers, a bad thing? Well, it's not, unless you represent to the federal and state government in tax filings, that you are a "non-profit" hospital that does charity care.
So, if they collect from the SMITH family, who clearly can't pay, who receives the "charity care?" Who decides what families get sued, and which don't? Can they deny care to you if you have a history of non-payment? Legally, yes, they can. Health care is not a right. A nursing home can kick you out for non-payment, and I believe a hospital can do the same..
So I challenge us as citizens, to engage in a good fact-finding debate as to what "charity care" means, and what defines a non-profit hospital.
My Father is on the Board of a non-profit hospital, and was very surprised to see the amount of collections done by my local hospital. Clearly not all "non-profits" are the same~
This came as no surprise to me as I have had to wait in local general district court rooms for hours, to have my case called behind the hospital collection cases. And these weren't families that owed hundreds of thousands - in this court, the most that can be at issue is $15,000.
So why in a market economy, is collecting from unpaid customers, a bad thing? Well, it's not, unless you represent to the federal and state government in tax filings, that you are a "non-profit" hospital that does charity care.
So, if they collect from the SMITH family, who clearly can't pay, who receives the "charity care?" Who decides what families get sued, and which don't? Can they deny care to you if you have a history of non-payment? Legally, yes, they can. Health care is not a right. A nursing home can kick you out for non-payment, and I believe a hospital can do the same..
So I challenge us as citizens, to engage in a good fact-finding debate as to what "charity care" means, and what defines a non-profit hospital.
My Father is on the Board of a non-profit hospital, and was very surprised to see the amount of collections done by my local hospital. Clearly not all "non-profits" are the same~
PROSTATE CANCER AND CALCIUM LEVELS
Prostate cancer occurs when cells in the prostate gland grow out of control. There are often no early prostate cancer symptoms, but some men have urinary symptoms and discomfort. Prostate cancer treatment options are surgery, chemotherapy, cryotherapy, hormonal therapy, and/or radiation. In some instances, doctors recommend "watchful waiting."
Prostate cancer kills thousand of patients every year. I have prostate cancer in my family's history. My grandfather died in his early 60's due to prostate cancer which metastasized to other parts of his body.
A new study at Wake Forest University found men who have high blood calcium levels may have an increased risk of developing fatal prostate cancer.
Be informed consumer of health care and know your risks.
Prostate cancer kills thousand of patients every year. I have prostate cancer in my family's history. My grandfather died in his early 60's due to prostate cancer which metastasized to other parts of his body.
A new study at Wake Forest University found men who have high blood calcium levels may have an increased risk of developing fatal prostate cancer.
Be informed consumer of health care and know your risks.
Thursday, September 04, 2008
ANTIPSYCHOTIC DRUGS AND STROKES
The use of antipsychotic drugs in nursing homes is wide-spread. Antipsychotics are used to treat various psychoses and neurologic conditions including schizophrenia and delusional disorders. Other indications for long-term antipsychotic use in the elderly include dementia with associated psychotic and/or agitated features. The most common name brands include Thorazine, Mellaril, Trilafon, Prolixin, Stelazine, Navane, Haldol, and Cloxaril.
However, a new study underscore scientists' warnings about the risks of stroke involved with giving elderly patients antipsychotic drugs. The study published in the British Medical Journal concluded that elderly patients taking the drugs were 1.7 times more likely to suffer a stroke. The rate more than doubled, to 3.5 times more likely, for dementia patients taking antipsychotics.
My take: If your loved one is taking antipsychotics you need to be aware of the increased risk of stroke. Many nursing homes over-prescribe antipsychotics for "troublesome" residents to make them less active and less demanding of care. Make sure your family member actually needs an antipsychotic and is not getting the medication just because it makes it easier on the facility.
However, a new study underscore scientists' warnings about the risks of stroke involved with giving elderly patients antipsychotic drugs. The study published in the British Medical Journal concluded that elderly patients taking the drugs were 1.7 times more likely to suffer a stroke. The rate more than doubled, to 3.5 times more likely, for dementia patients taking antipsychotics.
My take: If your loved one is taking antipsychotics you need to be aware of the increased risk of stroke. Many nursing homes over-prescribe antipsychotics for "troublesome" residents to make them less active and less demanding of care. Make sure your family member actually needs an antipsychotic and is not getting the medication just because it makes it easier on the facility.
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