April 25, 2008

Centers for Medicare and Medicaid Services Adds New Website to Disclose Bad Nursing Homes

by Levin & Perconti

The Centers Medicare and Medicaid Services Nursing Home Compare website has added a new section that allows viewers to see information on nursing homes and identify homes that have drawn increased federal scrutiny for complaints and other forms of nursing home abuse and neglect. The website includes a listing of Special Focus Facilities which are nursing homes that receive increased federal inspection as a result of past poor performance. Notably, five Illinois nursing homes made the list. Embassy Health Care Center in Wilmington, IL and Harrisburg Care Center of Harrisburg, IL are both on the “not improved” list. Facilities that have shown improvement include Alden Park Strathmoor in Rockford, Berkshire Nursing & Rehab in Forest Park, and International Village in Chicago.

See here for the report and view the website here.

October 3, 2007

Senators call for probe of the quality care given at nursing homes owned by private equity companies

by Levin & Perconti

In response to the recent New York Times article blasting the quality of care given at nursing homes owned by private equity companies, senators Hillary Clinton of New York and Republican Charles Grassley of Iowa have asked the Government Accountability Office (GAO) to investigate nursing homes owned by private equity companies.

Specifically, the senators are requesting an investigation into whether nursing homes owned by private equity companies are providing bad care. Some of the largest chains in the nation have been purchased by private equity companies recently including Manor Care Inc, the largest U.S. nursing home owner, and Beverly Enterprises.

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September 26, 2007

Arkansas jury returns $2.2 million verdict against Nursing Home chain

by Levin & Perconti

In a recent wrongful death case, an Arkansas jury has returned a nursing home neglect verdict against national nursing home chain, Beverly Health Care. The case was filed by the family of an elderly man who was moved into the Beverly Healthcare of Camden nursing home after a shoulder injury. The man, who was independent and otherwise healthy before his injury, died of pressure ulcers, malnutrition, and other symptoms of nursing home abuse and neglect.

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July 11, 2007

Family sues after nursing home resident dies from heat

by Levin & Perconti

The family of a woman who died in a nursing home during a heat wave one year ago is filing a wrongful death suit against Beverly Healthcare Center. The air conditioning at the nursing home broke during the heat wave, which led to the woman's fatal hypothermia due to high environmental temperature. The personal injury lawsuit also cites the nursing home as having neglected its residents in favor of profit-driven policies and practices.

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August 2, 2006

Two nurses at nursing home attacked by mentally ill patient that should have never been admitted

by Levin & Perconti

The lives of two nurses in two different South Dakota nursing homes were permanently changed when they were the victims of brutal beatings at the hands of a 50-year-old mentally ill patient.

Both nurses suffered severe injuries when they were attacked and repeatedly beaten by the man. In the first home, the man beat a nurse in the head and as a result, she is permanently unable to walk normally. After the beating, the man was transferred to a second nursing home where he struck again. This time, beating a nurse so badly she has permanent memory loss and brain damage.

The patient should have never been admitted into the home in the first place, a decision erroneously made by the nursing home management of Beverly Enterprises who declined to comment on the incidents.

Incidents of abuse in nursing homes by patients against other patients and staff members are not uncommon. Many states do not have laws regulating the admission of former sex offenders and parolees in nursing homes.

For the full article.

July 6, 2006

Nursing home employees wrongfully fired after they reported cases of abuse

by Levin & Perconti

Three employees of the Glasgow nursing home in West Virginia, owned and operated by often troubled Beverly Health and Rehabilitation Services, Inc., filed wrongful termination suits against the home last week.

The suit alleges the employees were fired after they reported cases of abuse or neglect to the management of the home. Many states, including Illinois, have laws that protect employees who report cases of abuse and neglect from being wrongfully terminated. In fact, in Illinois, recent legislation mandates that employees of nursing homes report instances of abuse and neglect within 4 hours of the occurrence or risk being charged with a Class A misdemeanor.

In one instance at the Glasgow home, one of the employees reported that another nurse had falsely charted a patient’s treatment. The next day the employee was called into the nursing director’s office and warned not to be a “trouble maker” and a “tattle tale.”

For the full article.

June 12, 2006

Major nursing home chain Beverly Enterprises is the model of nursing abuse, neglect and fraud

by Levin & Perconti

From criminal negligence charges to fraud charges, Beverly Enterprises has endured countless legal battles due to their poor care, abuse and neglect at nursing homes across the country.

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May 31, 2006

Judge orders $25 million bond in class action lawsuit against major nursing home chain Beverly Enterprises

by Levin & Perconti

A class action lawsuit against Beverly Enterprises was filed in Arkansas on May 1, encompassing all residents of the facility from Sept. 13, 2000 through June 30, 2004.

Circuit Judge John Norman Harkey has ordered the Batesville Nursing and Rehab post a $25 million bond the judge considers necessary in order to provide proper security.

The lawsuit alleges malpractice and ordinary negligence and was supported by testimony from a doctor who has practiced medicine in Batesville, Arkansas for about 40 years. The doctor testified that there was a pervasive smell of urine and feces at the facility and the underlying problem appears to be the uncleanliness of the facility and inadequate patient cleaning.

For the full article.

May 4, 2006

Negligent nursing care and understaffing leads to $20 million verdict in lawsuit against national nursing care chain, Beverly

by Levin & Perconti

A jury awarded the family of a Lexington, Kentucky man with $20 million in a nursing home wrongful death suit. The 82 year old man died at the home in March 2002 of a heart attack after staff ignored repeated calls from the man of abdominal pain.

The suit alleged that nurses ignored repeated calls for help from the man, and that the home was chronically understaffed due to company cost cutting initiatives.

For the full article.

March 23, 2006

Kentucky nursing home sued for $155 million in death resulting from insufficient staffing

by Levin & Perconti

An 84 year old man's family filed a $155 million lawsuit against national nursing home chain Beverly at the Beverly Health and Rehabilitation of Frankfort. The 84 year old man cried in pain for 10 hours before his death on March 2, 2002 to no avail: nurses didn't respond.

Insufficient nursing staff due to company cost cutting initiatives is alleged, and at one point during the man's struggle, 11 of 13 nurses on staff were on a break. Staffing shortages at nursing homes are a chronic problem in Kentucky and nationwide.

For the full article:

September 1, 2005

Arkansas AG announces settlement with major nursing home chain Beverly Enterprises

by Levin & Perconti

A major and often troubled nursing home chain, Beverly Enterprises, reached a settlement with the Attorney General yesterday in a nursing home negligence case. In Little Rock, Attorney General Mike Beebe announced at the Residents Rights' Rally that his office has reached a settlement with Beverly Enterprises, resolving 26 investigations by the Attorney General’s Office involving 12 Beverly-operated nursing homes. The investigations centered on allegations of mistreatment and neglect of residents in those homes

Under the terms of the settlement, Beverly has paid $1,000,000 into the Arkansas Medicaid Program Trust Fund. In addition, Beverly has agreed to invest a minimum of $500,000 to improve their nursing homes in Arkansas. The settlement requirements include programs to recognize, treat and prevent pressure sores and other patient-care injuries, to reduce falls among residents, and to prevent narcotics abuse by staff members. Under the terms of the settlement, Beverly does not admit or acknowledge any violations in their Arkansas nursing-home facilities.