The state of North Carolina will seek the death penalty against Robert Kenneth Stewart, who is accused of killing eight people at a Moore County nursing home in March of this year. Stewart, 45, is charged with eight counts of murder in the March 29 shooting at Pinelake Health and Rehabilitation in Carthage. Seven residents and a nurse were killed.

 Click to read the entire story from www.wral.com.

North Carolina is no stranger to this crime; according to the Federal Trade Commission, consumers in the Tar Heel state lodged nearly 15,000 fraud complaints in 2007 and more than 23,000 last year.  In 2008, North Carolina ranked 24th among all 50 states in the number of fraud complaints, and more than 25% of all identity theft complaints were made by individuals aged 50 and over.  Although the actual extent of fraud against the elderly is not clear because it is an under-reported crime, the impact is substantial and far-reaching.

 Click to read the entire article, “Fraud Against the Elderly in North Carolina” by Allison Gray.

Elected officials in Kansas are hoping to require that nursing homes have backup power for heating and cooling during power outages, believing that all nursing homes should have a generator or to be able to get a generator within five hours. Commissioner Pat Collins says commissioners have heard unconfirmed reports that during an ice storm, residents in a local nursing home had to gather around a single heater because no heat was flowing to rooms. The HensonFuerst Nursing Home Abuse team strongly suggests that inquiries be made by residents living in skilled care facilities, or by those persons responsible for their care, if the facility has a backup plan in the event of a power failure.

 Click to read the entire story from www.nebraska.tv.

It’s not just two-legged animals that can bring joy to residents in nursing care! Many residents had to leave cherished pets behind when entering skilled care, pets with whom they had a lifelong bond. As evidenced by the photograph linked below, two nursing home residents found a loving moment with – of all things – a Rex rabbit! As part of National Nursing Home Week, rescue and shelter organizations throughout the world brought small reptiles and animals to nursing homes. “This makes them feel less like they are in an institution,” said Life Care of Nashoba’s Director of Activities Deborah Thrush. Indeed, the Rex rabbit was a big hit. Although National Nursing Home Week has ended, we encourage you to ask if “pet visitors” are allowed at your care facility.

Click to read the entire story from The Littleton News of Concord, Massachusetts.

The first decision in choosing a nursing home is to determine the level of care needed. If a nursing home is needed, it’s important to visit and take the tour. And don’t go just once. “Go back again and go back in the evenings or on the weekends because staffing is different during those times,” advises Donna Schutte, the Regional Ombudsman for the West Central Illinois Area Agency on Aging. “Are you seeing staff interact with residents? Do you see call lights that aren’t being answered promptly? Does it smell like urine? Are the residents well kept? Is their hair combed? You want to look for those things.” The HensonFuerst Nursing Home Abuse team echoes Donna Schutte’s other advice: use the most simple sort of research…word of mouth. Ask residents and their families about the facility and if they’re happy with the level of care. The best impression is the simplest — residents who are comfortable and clean and seem to be enjoying life. At HensonFuerst, we’re here to answer your questions and protect the rights of nursing home residents and their families.

Click to read the entire article, “How To Choose A Nursing Home”.

The NC House passed a bill this week that could affect whether someone hurt in an accident can recover damages. The bill would eliminate a doctrine that says a person who contributes, however slightly, to his or her injury cannot collect a dime from others whose negligence caused the injury. North Carolina is one of four states that still operate under the doctrine, which is known to lawyers as “contributory negligence.” The bill would change the state to a plan known as “contributory fault,” in which juries would award damages based on the relative fault in an accident. This bill has the endorsement of all of the HensonFuerst partners, who encourage you to contact your local House member to show your support.  You can locate your House member by following this link: http://www.ncleg.net/House/house.html

Click to read Benjamin Noilet’s article in The News & Observer.

The bipartisan Fairness in Nursing Home Arbitration Act of 2009 will prevent nursing homes from deliberately hiding clauses within the fine print of contracts that force seniors to surrender their right to trial by jury and enter an unfair and one-sided mandatory binding arbitration process. The Fairness in Nursing Home Arbitration Act of 2009 will help people like Dean Cole, who received unconscionable care from a negligent nursing corporation.  Suffering from dementia, Dean needed help eating meals every day; but during his 22 day residency, Dean lost 20.6 pounds without his physician or wife ever being notified.  After being admitted to the hospital, he was found to be severely dehydrated.  Dean died less than a month later.  His family sought justice by bringing a suit against the nursing home for negligent care, but learned they would be forced into one-sided mandatory binding arbitration on the corporation’s own terms and denied the right to trial by jury.  The HensonFuerst Nursing Home Abuse Lawyers encourage you to show your support for this much-needed bill by contacting our U.S. Senators from North Carolina, The Hon. Kay Hagen, http://hagan.senate.gov/ and The Hon. Richard Burr, http://burr.senate.gov/public/.

In conjunction with National Nursing Home Week, May is Older Americans Month, continuing a tradition of the U.S. Department of Health and Human Services’ Administration on Aging, that began in 1963 when, according to the AoA’s website, “only 17 million living Americans had reached their 65th birthdays. About a third of older Americans lived in poverty and there were few programs to meet their needs. In April of 1963, President John F. Kennedy’s meeting with the National Council of Senior Citizens served as a prelude to designating May as Senior Citizens Month. Thanks to President Jimmy Carter’s 1980 designation, what was once called Senior Citizens Month, is now called Older Americans Month and has become a tradition. Historically, Older Americans Month has been a time to acknowledge the contributions of past and current older persons to our country, in particular those who defended our country. Every President since JFK has issued a formal proclamation during or before the month of May asking that the entire nation pay tribute in some way to older persons in their communities. Older Americans Month is celebrated across the country through ceremonies, events, fairs and other such activities.”  The theme for the 2009 Older Americans Month is Living Today for a Better Tomorrow.

Kentucky official allege that the staff of Bluegrass Care and Rehabilitation Center in Lexington used personal cell phones to “inappropriately photograph and make audio recordings” of residents without their knowledge, according to documents from the Kentucky Cabinet for Health and Family Services. The staff attached songs with sexual lyrics to the photographs and circulated them to other staffers, Cabinet spokeswoman Beth Fisher said.  On April 10, 2009,  the home received a Type A citation, the most serious that a nursing home can receive, according to documents that The Kentucky Herald-Leader acquired under the state Open Records Act. The Type A citation said that, as a result of the recordings and photographs, the state considered seven residents to have been abused.

Click to read the entire story from www.kentucky.com

The nursing home abuse lawyers at HensonFuerst pass along these 10 rights to which every person in nursing care, their families or caregivers, are  entitled.  The rights are:

1.      The right to be well aware of the resident’s health status, medications and conditions;

2.      The right to keep confidential and safe the resident’s medical records;

3.      The right to manage and handle one’s own money;

4.      The right to reject in partaking in studies meant for experimentation;

5.      The right to reject services not included in care plan;

6.      The right to have medical reports and files accessible to the resident;

7.      The right to have the resident’s physician of record make a visit;

8.      The right to express any unease or concern about the care and treatment provided in the nursing home;

9.      The right for residents to send and receive mails, use a telephone, and share a room with spouse;

10.  The right to complain against any staff member without fear.

The HensonFuerst nursing home abuse lawyers stand ready to protect the rights of persons in nursing home care, their families or caregivers.