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The patients had all died after being given overdoses of morphine. The nurse pleaded guilty of criminal neglect and even though she will not serve jail time, she is still named in a civil lawsuit related to the nursing home deaths. The nurse and the supervisor over her were charged after the suspicious deaths came to the surface. The judge presiding over the case against the nurse had sentenced her to a probation of two years with no jail time. There are still two civil cases against the nurse, but the attorney representing one of the wronged families understands the difficulty of prosecuting the criminal case but expressed disappointment in not being able to prove the full range of charges brought up in the investigation.

It is a travesty to the families who have lost their loved ones that this woman will continue to be free and not suffer a day of jail for killing these six innocent people. While the justice system can fail families, they can still sue the nurse for compensation and for the wrongful deaths caused by her disregard. This case is an example of why it is so important to hire a professional who can prosecute and pursue damages effectively and knowledgeably.
 

The Minnesota Department of Health cited Bethesda Heritage Center for neglected because most of the center’s staff members were unaware of the dietary restriction for this resident that did not allow her to consume raw vegetables of any kind. The resident was admitted to the center two years prior to the incident for chronic breathing and trouble with anxiety. She was on a restrictive diet which banned her from consuming anything that was not cooked. On May 29^th, the resident began choking while she ate cucumbers in cream. A staff member performed the Heimlich maneuver, which prompted her to cough up a mouthful of food. 

The resident was taken to an emergency room where she died from respiratory failure and choking. The staff at the nursing home have stated that they did not believe they were violating the dietary restrictions since the cucumbers were soft and in cream sauce. The nursing home has since taken measure to re-educate their staff members about the dietary restrictions of all its residents. The nursing home not requires every meal to be double checked against their resident’s dietary requirements. 

Although the nursing home is now taking measures to prevent this accident it still doesn’t change that the family of this resident has to suffer the loss of their loved one from this accident.    Each resident should have been informed about the dietary restrictions to begin so this incident could have prevented. The negligence of the nursing home makes them responsible for the emotional damages and the other costs of this incident. 

The Nursing Home Complaint Center said, in launching this investigation, "we believe wrongful death, and elder abuse in our nation's musing homes are at epidemic levels, and we want to hear from family members who have proof the deceased family member was mistreated, or not treated at all-with the result being a wrongful death."

As part of this campaign, the Nursing Home Complaint Center is targeting inadequate staffing levels as a primary cause of abuse and neglect and wrongful deaths: "one of the biggest problems we see in the vast majority of our nation's nursing homes is staffing levels, are not high enough to meet Medicare, or Medicaid standards, with the result being dead patients, or patients suffering from sepsis, or septic shock, due to medical malpractice, or broken bones."

If a family member suspects that their loved one died due to neglect or abuse by their nursing home, they should contact the Nursing Home Complaint Center at 866-714-6466 or visit their website.

However, this proposal calls for all nursing homes to call a coroner to report a death in the facility regardless if staff believes it is due to natural causes or not. The state Attorney General’s Office is reportedly backing this proposal as well in order to be aware of any and all potential cases of abuse or neglect in nursing home facilities in the state. The report states that coroners in the state of Kentucky will receive training to become familiar with the signs of elder abuse or neglect. The report also states that the Attorney General’s Office is pushing for more severe punishments for elder abuse/neglect incidents.

By implementing this proposal, the belief is that wrongful deaths causes by abuse and neglect  would be reduced because there would be an unbiased second party (the coroner) involved in the matter to determine for themselves if the incident is abuse/neglect-related or not. Adding this sort of law seems like a good idea on paper. Since a coroner is trained in determining cause of death in any situation (either by means of chemicals or physical abuse) then there would be no way for a nursing home facility to falsify information to prevent any of the consequences. While it has yet to be seen whether this law will aid in reducing elder abuse and neglect cases, it seems very likely that it will have a drastic effect.
 

The lawsuit argues that maggots infested his nasal and oral cavities which caused him to suffer from a condition known as aspiration pneumonia. The lawsuit seeks damages from the nursing home facility because their negligence directly led to Foreman’s death. Attorneys representing Foreman’s estate argue that several employees are held responsible for negligence and failing to provide sufficient care for Foreman. The representing attorney’s and Foreman’s estate seek to gain $75,000 for pain and suffering, medical expenses, mental suffering, impairment and other damages.

There have been many extremely serious cases of elder negligence but this one seems to be one of the worst cases. Nobody should ever be left in their room for such an extended period of time for them to suffer an infestation of any bugs or insects. Other previous incidents have occurred where elderly individuals were left lying in their own waste. Negligence of this severity is entirely unsanitary and is a drastic threat to the health of the people left in this condition, as this incident shows. This type of negligence should never occur by any means and those responsible for neglecting these individuals should be punished for it to the highest extent possible.

The report states that the woman’s daughter learned that she had been locked in her bathroom alone for roughly 45 minutes. The wrongful death lawsuit contends that the facility should be held criminally negligent because they left the woman alone for so long despite knowledge of her mental state. The lawsuit was filed by the woman’s daughter against the New Horizons of Treasure Coast facility. The lawsuit contends this was a preventable tragedy.

The fact that the facility was aware of the woman’s mental state of depression and their knowledge of her receiving treatment for the condition could potentially work against them as they should have been taking better care of her at the time of her death. Since they left her confined in a room for over 45 minutes, this further emphasizes the neglect they had in ensuring that the woman was properly cared for while she remained in the facility. All of these facts seem to point to the fact that this woman’s death could have been prevented had the facility maintained their presence in the woman’s room or somewhere where she could be monitored easily.

Ulloa was a caregiver at the Calabasas Silverado Senior Living home, which specializes in caring for residents with dementia and other memory-impairing diseases.  Ulloa abused four residents between February and November 2007.  The abuse first came to light after a Silverado staff member called the widow of a deceased resident and told her that her husband's death had been the result of abuse.  After authorities were alerted, they conducted a yearlong investigation before arresting Ulloa and 2008.

This case illustrates the importance of family members and staff members always being on the lookout for abuse.  Ulloa's abuse may not have come to light if not for the actions of the staff member and the victim's widow.  This is especially true in the case of residents with dementia or other illnesses that interfere with their ability to communicate.

For more information on detecting abuse, visit the Nursing Home Advocates' Detection Tips webpage.

James and Donna Beerman, operators of the Bright New Horizons group home, were arrested for causing the death of 23-year-old Frank Klekner last August 5.  They were both charged with "causing death by failing to comply with a law intended to protect the public health and safety."  This is a second-degree crime, with a maximum penalty of 10 years in prison.

Bright New Horizons is a residential group home that provides transitional housing for people in recovery from substance abuse and addiction.  Investigators believe the fire was caused by improperly extinguished smoking material.  After an extensive investigation, it was determined that the Bright New Horizons facility had no safety measures in place, including fire alarms, sprinklers, or emergency exit signs.  In addition, though the facility was only licensed for six residents, there were at least 11 people living there at the time of the fire.

Group home operators are responsible for properly maintaining their facilities and complying with all state regulations.  If the negligent maintenance of a group home has caused injury or wrongful death to a loved one, you should visit Solomon & Relihan's Group Home Abuse website.

While nursing home officials say nursing aid Angela Almore acted alone in administering non-prescribed doses of moprhine to patients to make them more manageable, Henson says she is looking at procedures at the nursing home which allowed Almore to commit this crime. 

“A nurse should not be able to just get access to morphine that is not prescribed for patients and give them to anyone they want to. This can't be just a rogue nurse gone bad,” Henson said.  The state licensing board is also investigating the nursing home for possible violations. 

Henson was interviewed by TV station WRAL about the investigation:

Henson's investigation illustrates the importance of having a good attorney on your side in nursing home abuse cases.  While Almore is rightfully being tried for murder, the nursing home should not be allowed to simply write her off as a bad apple and continue business as usual.  They should be forced to ensure that something similar does not happen to other residents in the future.

If you believe a loved one has been abused in a nursing home or assisted living facility, visit the Nursing Home Advocates website.

This case highlights the potentially lethal consequences of overmedication and the use of chemical restraints, which are among the most pervasive types of abuse in nursing homes and assisted living facilities. 

Chemical restraints are drugs intended to control a person's behavior.  They are used by nursing home staff members to restrain residents who present a danger to themselves or others.  The use of chemical restraints must be medically necessary and ordered by a physician. When used only for staff convenience, and not to treat an underlying medical condition, using drugs as a chemical restraint is against the law.

The side effects of improper use of chemical restraints are serious. More than limiting a resident's ability to function, the long-term use of chemical restraints can lead to diabetes, thyroid dysfunction, and central nervous system disorders, as well as liver, kidney, pancreas, and other organ damage.  Also, as in the case, the overuse of chemical restraints can even lead to death.

For more information on overmedication and the use of chemical restraints, visit the Nursing Home Advocates' Overmedication/Chemical Restraints Information page.