Lawyer Resources for Nursing Home Chains

The fentanyl-overdose death of a central Illinois nursing home administrator really called into question the judgment of the owners of Timbercreek Rehab & Healthcare Center for me.  Apparently, the owners of the Pekin, IL  facility weren’t too concerned the fact that their administrator was on probation with the Illinois Department of Professional Regulation for ‘substance abuse’ issues at the time of his hire.

Despite a background, which would likely call into question the individuals judgment around controlled substances, the owns of Timbercreek put their administrator in charge of a lock box at the facility that was used to store narcotics and other medications for patients at the facility.

Apparently the temptation was a bit too much, as a coroner’s investigation has now determined that the man stole fentanyl patches from patients and accumulated used medications rather than throwing them away to satisfy his compulsions.  The nursing home administrator apparently self-medicated himself on the job as he was found dead in his office at the nursing home.  During an investigation, detectives found remnants of fentanyl patches in the man’s sock.

I tend to harp on specific instances of misconduct where a nurse or nursing home employee makes and error that results in harm to a patient.

While many of these occurrences are the result of poor judgement and inadequate training, I’m beginning to think that a deeper issue may be behind many instances of injuries in nursing homes– a lack of basic communication skills.

After all, each patient’s care is provided by a team of professionals whom very much rely on the effective oral and written communication of on another for the effective ongoing care of patients.

In my world involving allegations of nursing home abuse and neglect, one of the more disturbing trends I’m seeing and influx of cases involving altered and forged records.  Sure, there are cases where we consult with a forensic document examiner, but having every set of medical records examined by a forensic expert, just isn’t practical from a time or economic perspective.

In cases where we are able to demonstrate that the patients chart was indeed altered, this little tidbit of information can be incredibly powerful both from a position of negotiation or used at trial to really incite a jury.

Unfortunately, the cases where my office is able to connect the dots with the forged records with supporting documentation, come about relatively infrequently.  The majority of cases I see where altered records never get discovered simply because the party involved is incapable of testifying or deceased.

Part supervisor, part enforcer, part friend, nursing home ombudsmen commonly play an important role in the well-being of nursing home patients.  Generally run as non-profit groups, nursing home ombudsmen help ensure patients rights are protected and resolve issues–big and small– as they arise.

Kentucky.com had a heart-warming story about, Nursing Home Ombudsmen Agency of the Bluegrass, an agency that will soon mark more than 30 years serving the nursing home community.  In the article, long-serving ombudsman, Madge Lynn recounts how many of her experiences vary drastically according to the unique circumstances of each patient.

While there are circumstances where a patient may be mistreated at a nursing home, her primary role may be serving as a confidant for patients who may be uncomfortable talking directly to staff at the nursing home or family members.  As Lynn says;

After visiting several family members in nursing homes over the past few years, I frequently find myself a bit anxious; before, during and after our visit.  Part of me feels guilty that I’m talking about my busy life in the outside world while my family member likely spends their days bored and depressed.  Yet, another part of me finds myself asking “is that what I have to look forward to?”

Though probably not discussed as much as it should be, nursing home visits are an important part of the lives of both patient and their friends and family.  I recently saw a very good article about the importance of nursing home visits– and just how many of the feelings we experience as visitors are indeed normal.

Martha Bauman’s article in the Sentinel Source, “Visiting nursing homes doesn’t have to be draining” made me feel a lot better about my mixed feelings and provides some terrific tips for anyone planning a visit to a friend or family member in a nursing home.  Amongst Ms. Bauman’s suggestions for beneficial nursing home visits:

For many families, there’s a real feeling of helplessness when it comes to selecting a nursing home for a loved one or perhaps learning more about an existing one.  Certainly, with many families living vast distances from their loved ones, I can sympathize as to the feelings of despair.

However, there is some good news. With nothing more than a computer and access to the internet, you can actually learn a great deal about the facility where your loved one lives.  Sure, nothing will take the place of a visit to the facility itself, but with a little digging in the rights spots you’d be surprised to see how much 15 minutes on the internet can reveal.

The Nursing Home Law Center LLC will highlight some of these on-line investigative tools over several entries in the upcoming weeks. I always feel that when you have more information, you can make better care choices for your family and friends.

Everyday I am reminded never to take the health of myself and my family for granted.  If there’s one thing that I continued to be impressed with is the fact that no one ever expects to be injured due to the negligence or poor decisions of another person.

Particularly with doctors and medical professionals, we expect that their knowledge will help guide us through an illness or injury.  Unfortunately, there are never any guarantees that the person or medical facility we entrust to make correct decisions for us will actually do so.

With the uncertainly in life, go out and live every day as full as you possibly can, and never take forgranted the health of yourself or those around you.

Here is great piece that has been circuluating around the web for some time.  I don’t know who wrote it, but I figured its worth posting as I saw it most recently in Jonathan Chevreau’s column in the Finacial Post.

Let’s put the seniors in jail, and the criminals in a nursing home. This way the seniors would have access to showers, hobbies, and walks, they’d receive unlimited free prescriptions, dental and medical treatment, wheel chairs etc. and they’d receive money instead of paying it out.

They would have constant video monitoring, so they could be helped instantly, if they fell, or needed assistance. Bedding would be washed twice a week, and all clothing would be ironed and returned to them.