LawMed.com | North Carolina Nursing Home Abuse Blog

Can a Nursing Home Be Less Institutional?

2010 August 30th
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We all know the current state of our nation’s nursing homes. “Deplorable” is not too strong a word. Some of the problems are simply structural–the average facility is about 30 years old. Some of the problems are due to poor management and lack of caring, and some problems lie in the dehumanizing nature of large institutions.

An article in today’s Boston.com talks about a different kind of nursing home, a “Green House.” Compare the typical nursing home with this image, as described by writer Kay Lazar:

The aroma of spaghetti and garlic bread wafts from the kitchen as Marie Burke aims her walker toward the dining room table, where several of her housemates, a couple of them in wheelchairs, already have taken positions. Lunch is being dished up family style, and the conversation bounces from favorite meals — meatloaf and brisket — to friendly ribbing about who in the house is the real card shark.

Forget the long sterile corridors, antiseptic smells, and assembly-line feel. In this nursing home, elders rule. Residents decide when they want to get up, what they want to eat — and it’s all freshly cooked by specially trained nursing assistants who pull up chairs, fill their own plates, and join in the conversation.

This describes life in the $34 million Leonard Florence Center for Living–a new Green House Project home–in Chelsea, Massachusetts. The Green House concept was created by Harvard-trained geriatrician Dr. William Thomas to provide residents with an environment that fosters autonomy, personal choice, and social interactions.

The good news: Green House nursing homes have operating costs on par with traditional nursing homes. That means quality of life with no additional expense.

The bad news: There are only 89 Green House nursing homes, in only 16 states. An additional 27 are in development. Compare that with a total of about 16,000 traditional nursing homes across the country.

Could homes on this model be one way out of the nursing home mess our country is in? We certainly hope so. One thing’s clear: Most of us would never choose to live in a traditional facility. Is a little humanity too much to ask in our final years?  The nursing home abuse attorneys will keep their eyes on these new nursing home models–if they maintain their integrity and caring, we’ll be happy to call ourselves supporters.

For more information:

Boston.com article

Green House Project

HensonFuerst Nursing Home Abuse Team

Retirement Home Residents Removed from Substandard Facility

2010 August 24th
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WRAL reports that Hill Forest Rest Home in Chatham County (Goldston, NC) had its license suspended today after an on-site visit found that conditions presented:

“…an imminent danger to the health, safety and welfare of the residents, and … emergency action is required to protect the residents,” officials [from the Adult Care Licensure Section of the Division of Health Service Regulation] said in a letter to Warren Gold, administrator of Gold Care Inc. in Rocky Mount, which runs the retirement home. [from WRAL.com]

The 24 residents of the facility are being relocated.

According to the news report, Hill Forest has a long tradition of substandard care. In 2008 and 2009, inspections turned up several violations, including lack of food for the residents. In March 2010, its license was revoked, but residents remained because the owner of Hill Forest Rest Home appealed the decision.

WRAL’s article makes it sound as though things went from bad to much, much worse:

An April inspection found moldy showers, roaches and flies in the kitchen, residents using bed sheets to cover windows for privacy and bathroom doors propped open, according to state Department of Health and Human Services records. A follow-up inspection in June found violations of fire and electrical codes and exterior doors that didn’t lock properly, records show.

If the June violations of fire and electrical codes didn’t cause an immediate shut-down of the facility, it makes one wonder what the inspectors found this time around.

People in nursing homes, rest homes, retirement homes, and assisted nursing facilities deserve the best care a society has to offer, not the worst. Residents and their families should never have been subjected to this kind of a nightmare…one that lasted, presumably, for several years. It’s shameful that Warren Gold and Gold Care, Inc., seem to have put playing the system above caring for senior citizens.

Stories like these are exactly why HensonFuerst Attorneys spend every day fighting for the rights of abused and neglected elderly residents. Thousands of other seniors are stuck in homes just like Hill Forest, individuals who are at the mercy of the facilities they live in. People who need someone to stand up for their rights…and their basic human dignity.  The HensonFuerst nursing home abuse team provides a voice for those who cannot always speak up for themselves, and for families who don’t know how to make things better for their loved ones.

If you suspect abuse or neglect at any long-term care facility, please don’t hesitate to contact our office. We’ll walk you through your options, and help you take legal action to get your loved ones to safety. Our phone lines are open 24 hours a day, 7 days a week, so someone is always here to answer your call (1-800-4LAW-MED). You can also visit our Nursing Home Abuse webpage:  HensonFuerst Nursing Home Abuse page.

Remember, if you have questions, the attorneys of HensonFuerst have answers.

Medical Errors Cost BILLIONS

2010 August 18th
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The Society of Actuaries (SOA) issued a report on medical errors in the United States, in 2008. Get ready for a headache…

2,500 —- the number of avoidable deaths due to medical errors

1.5 million —- the number of injuries due to medical error

6.3 million —- the number of measurable medical injuries

10 million —- the number of days missed from work due to medical errors

19.5 billion (yes, billion with a “B”) —- the number of dollars siphoned from the U.S. economy due to measurable medical errors

“We used a conservative methodology and still found 1.5 million measureable medical errors occurred in 2008,” says Jonathan Shreve, FSA, MAAA, consulting actuary for Milliman and co-author of the report. “This number includes only the errors that we could identify through claims data, so the total economic impact of medical errors is in fact greater than what we have reported.” [from SOA; italics added by blogger]

This information is important for everyone, but especially for residents of nursing homes and their families. It highlights the need to monitor everything that happens in a medical setting. Review medical plans…ask for copies of medical records…look at prescription orders for names and dosages of medications…check prescription bottle labels to make sure that the right drug is dispensed to the right person.

If you believe that you or someone you love may have been injured by a medical error, and you wonder what your legal options are, please contact one of the HensonFuerst team at 1-800-4LAW-MED. You can also visit our website at http://www.lawmed.com. If you have questions, HensonFuerst has answers.

State Calls for Fines for Britthaven of Chapel Hill Nursing Home

2010 August 11th
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According to an article on WRAL.com, the North Carolina Department of Health and Human Services (DHHS) has recommended that the Centers for Medicare and Medicaid Services fine Britthaven of Chapel Hill nursing home for violations that led to the hospitalization of six patients in February. One patient, 84-year-old Rachel Holliday, died.

Ms. Holliday and eight other patients tested positive for opiates, powerful and controlled pain medications–and many of them had not been prescribed opiates at all.

Angela Almore, 44, of 724 Berwick Valley Lane in Cary, was indicted in June on one count of second-degree murder and six counts of felony patient abuse. Almore worked as a registered nurse at Britthaven. Prosecutors allege that Almore drugged the patients to make them more manageable. [from WRAL.com]

After an extensive investigation, the DHHS Nursing Home Licensure Section found that Britthaven of Chapel Hill “didn’t ensure patients were protected from abuse, its services didn’t meet professional standards, unnecessary drugs were prescribed and significant medication errors occurred.”

The requested fines were $2,500.00 for each violation, for a total of $20,000.00.

HensonFuerst’s Nursing Home Abuse team continues to conduct an independent investigation into these and other episodes of nursing home abuse and neglect. If you have questions about potential abuse, we’re here to provide answers. Call us anytime, day or night, at 1-800-4LAW-MED.

Dementia in Nursing Homes Requires Special Care…and Compassion

2010 August 5th
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Aging isn’t always dignified. That’s especially true for people with dementia. Alzheimer’s disease dismantles a person’s life piece by piece: short-term memory is the first to go, followed by long-term memory, recognition of family members, recognition of self, all cognitive abilities. In addition, a person loses physical capabilities–the ability to walk, to talk, to balance, and even to eat.

Eventually, a person with dementia becomes totally dependent on the care of others. Because the medical needs are intensive, families are generally unable to provide adequate care and a loved one is placed in the hands of a long-term care facility.

We’d like to think that a nursing home that courts families of dementia patients would provide trained and compassionate care. Unfortunately, that’s not always true.

In a letter to the Chicago Tribune, Kim Warchol (of Dementia Care Specialists, Inc.) notes that nursing home residents can’t achieve their best lives unless nursing home staff are properly trained to provide safe, therapeutic care. She states:

“Based on my experience, between 60 to 80 percent of those living in geriatric nursing facilities have dementia, and well over 50 percent of those admitted to assisted living facilities have functional loss due to cognitive impairment. And with a new diagnosis being made every 70 seconds, long-term care facilities must empower their staff for the challenges ahead.” [Kim Warchol, letter to Chicago Tribune]

Her wish is that new laws be enacted to encourage facilities to move from an impairment-based practice to an abilities-based practice, which respects the person behind the disease. What a fantastic idea. Why does it have to even be mentioned as a “revolutionary” concept? It seems basic–dignity for all, but especially for those who lose everything else.

Feeding Dementia Patients with Dignity

A related article in the New York Times this week talks about the “revolutionary” concept of feeding dementia patients with dignity. After a person loses the ability to eat, the family typically is asked whether they would prefer to have a gastric feeding tube inserted so nourishment can be forced, or not…which is the equivalent of withholding nourishment. The decision is always heartbreaking.

But get this…some social workers are suggesting that there is a third option: to feed the patient carefully and slowly by hand, stopping when the person has enough, starts choking, or becomes agitated.

Doctors are calling this new option in palliative care “comfort feeding only.” In a recent paper in The Journal of the American Geriatrics Society, the authors argue that feeding tubes do not necessarily prolong life in patients with advanced dementia, and that surveys indicate that a vast majority of nursing home residents say they would rather die than live with a feeding tube.

“Just imagine someone interacting with the patient, talking to them, cueing them into eating,” Dr. Teno [Joan Teno, professor of community health at Brown University's medical school] said, “as opposed to someone walking to the bedside and pouring a bottle of Ensure down the feeding tube.” [from New York Times article]

Dignity…who knew it could be so revolutionary. At HensonFuerst, every day we fight for the basic dignities of people in nursing homes. We agree that special training should be required of everyone who treats dementia patients, but we would like to take that one step further. Let’s require compassion, caring, and, yes, dignity for our parents and grandparents when they live their days in a nursing home.

HensonFuerst Attorneys provide a voice for people in long-term care, and their families. If you have questions about how your loved one is being treated and suspect neglect or mistreatment, feel free to contact us. If you have questions, HensonFuerst has answers.