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    <title>Fogel and Associates</title>
    <link>http://allaboutbedsores.com/index.php/blog/</link>
    <description>All About Bed Sores</description>
    <dc:language>en</dc:language>
    <dc:creator>info@allaboutbedsores.com</dc:creator>
    <dc:rights>Copyright 2010</dc:rights>
    <dc:date>2010-04-18T05:55:31+00:00</dc:date>
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    <item>
      <title>Washington Man Charged With Manslaughter After Mother Dies From Bedsores</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/washington-man-charged-with-manslaughter-after-mother-dies-from-bedsores/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/washington-man-charged-with-manslaughter-after-mother-dies-from-bedsores/#When:05:55:31Z</guid>
      <description>While the following image provided by the Seattle Times is shockingly grotesque, it is the best way of demonstrating the severity and cruelty behind the involve alleged crime committed in Black Diamond, Washington on June 17, 2009:
When police found the body of Ruby Wise in her Black Diamond home on June 16, the 88&#45;year&#45;old was covered in bed sores and was so emaciated they could see her left shoulder blade exposed through her skin. Weighing only 70 pounds, she was dressed only in a hospital robe and soiled adult diaper. Flies had begun to gather around her lips.
Wise&#39;s son, Christopher Wise, was arrested and charged with first&#45;degree manslaughter.
This month prosecutors added a second manslaughter charge for Wise, after autopsy results and other evidence proved Ruby&#39;s bed sores directly contributed to her death.
Bed sores, otherwise known as pressure ulcers, are easily preventable, which is why it is standard practice for every caregiver to rotate immobile patients. For bed sores to erode the skin down to the bone requires long periods of neglect. As you can imagine, those who suffer from severe bed sores &amp;not;&#45; which have progressed through a four&#45;stage infection &#45; often endure incredible pain.
According to the Times, Wise only called local authorities after slowly watching her die, &quot;holding her hand as she struggled to breath.&quot;
Wise had lived in his mother&#39;s house since 2004, and had been her sole caretaker for two years. Detectives would find used earplugs in the home after Ruby&#39;s death, which Wise used to block out the sound of his mother&#39;s moaning.
A neighbor said she had heard screaming from the Wise&#39;s house every day for the two weeks leading up to Ruby&#39;s death. Wise told the neighbor to ignore the moaning sounds because his mother had suffered from dementia&amp;mdash;medical examiners, however, would later discover eight large bed sores on Ruby&#39;s body.
Wise would later tell detectives he had no real intention of treating his elderly mother for any of her injuries. His mother had not been taken to a doctor in over two years, and he had noticed her health declining for two weeks.
And just in case you were wondering if Wise was one of the stupidest people in the state of Washington, the Seattle Post Intelligencer reported Wise had graduated from the University of San Diego with a degree in computer engineering.
If convicted of all the charges against him, including multiple counts of domestic violence, Wise will spend no fewer than 18 years in prison.
Assuming allegations against Christopher Wise are true, however, there perhaps is no adequate way to address such cruelty directed at human life.</description>
      <dc:subject>Blogging, Bed sores, Elder Abuse, Caregivers, Family Neglect</dc:subject>
      <dc:date>2010-04-18T05:55:31+00:00</dc:date>
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    <item>
      <title>Orange County Nursing Home Sued By Family of Elderly Resident</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/orange-county-nursing-home-sued-by-family-of-elderly-resident/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/orange-county-nursing-home-sued-by-family-of-elderly-resident/#When:03:44:02Z</guid>
      <description>An Orange County nursing facility is being sued by two daughters of a  former resident who allege the facility contributed to their elderly  father&#39;s death.
Oliver Shrock, then 77 years of age, passed away  four days after suffering a fall in his room at Kindred  Healthcare Center of Orange. When a nursing assistant eventually  found him lying on the floor bleeding from head injuries, no one at the  facility knew when he had fallen, the daughters&#39; lawsuit claimed.
Shrock&#39;s  daughters, Kathleen S. Sakoguchi and Deborah Anne Whitman, claim they  warned Kindred Healthcare upon admitting their father to the facility in  May 2009 that he was prone to falls, and his physical condition would  make him dependent on staff for most needs. Before his fall, Shrock had  been suffering from coronary artery disease, diabetes, and other  afflicts which affected his movement.
To make matters worse,  Shrock had initially suffered a fall shortly after arriving at the  center, which prompted his family to ask the center for a bed alarm &#45;  attached at the bed to prevent unattended falls &#45; and placed mats on the  floor to prevent injuries. But when Sagaguchi would visit her father  months later, these measures were often missing, the  Orange County Register said.
State officials agreed with  Shrock&#39;s family&#39;s poor assessment of the facility after investigating  the incident, concluding that the center jeopardized the resident&#39;s  health by failing to heed the family&#39;s warnings. They also slapped the  facility with a &quot;AA&quot; citation in February, the worst&#45;possible rating a  skilled nursing home can receive in California. An $85,000 fine was also  assessed.
At the time of Shrock&#39;s death, Kindred Healthcare was  owned by Kentucky&#45;based Kindred Healthcare Operating Inc, which  according to its Web site operates 83  long&#45;term facilities in 27 states. The facility has since been sold, and  has been re&#45;named Orange Healthcare and Wellness.
It is always  troubling to see neglectful care lead to unnecessary injury or death. If  we are to believe the family&#39;s claims, Oliver Shrock&#39;s suffering could  have prevented if a few basic instructions were followed, with fewer cut  corners. While some elder abuse cases involve extremely violent, evil  caregivers, many other cases involve nursing staff who fail to take  basic precautions with their patients.
If staff members ignore  requests for a client under their care who was obviously vulnerable to  fall injuries, there is no way of knowing how many other residents are  at risk because of sub&#45;standard care. Facilities that tolerate abuse  need to be exposed for what they are, so that deaths like the one Oliver  Shrock sustained can be avoided.</description>
      <dc:subject>Blogging, Nursing Homes</dc:subject>
      <dc:date>2010-04-15T03:44:02+00:00</dc:date>
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    <item>
      <title>Convicted Calabasas Caregiver &#8216;Laughed&#8217; While Abusing Residents</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/convicted-calabasas-caregiver-laughed-while-abusing-residents/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/convicted-calabasas-caregiver-laughed-while-abusing-residents/#When:00:39:25Z</guid>
      <description>A former employee of a nursing home in Calabasas, California, was  convicted Thursday of torturing and abusing residents under his care.
Jurors  reportedly deliberated for less than five hours before deciding on the  guilty verdict for, Cesar Ulloa, who had worked for Silverado Senior  Living, a facility which specializes in caring for dementia patients &#45;  including the elderly &amp;not;&#45; and charges at least $70,000 a year for care.
Rita  Kittower, the 86&#45;year&#45;old widow of the one of the victims, believed her  husband had died of natural causes in 2007. The day after the funeral,  she received an anonymous phone call from a mother of a worker at the  facility who told Rita that her husband, Elmore, had in fact been beaten  to death.
Los Angeles County authorities exhumed the body of  Kittower&#39;s husband, a former engineer, and found two&#45;dozen broken bones,  the Los Angeles Times said.
It was later concluded &#45; not  surprisingly &#45; that Ulloa&#39;s brunt force had been a contributing factor  in the death. A radiologist who testified compared the injuries suffered  from Ulloa&#39;s attack to being hit by a train.
The inquiry into  Kittower&#39;s death led to further investigation into Ulloa&#39;s behavior, and  more disturbing details would emerge. Trial witnesses later recalled  Ulloa, 21, laughing as he attacked multiple victims, who prosecutors  said were too dementia&#45;ridden to call for help.
The Times detailed an attack on one of Ulloa&#39;s elderly victims:
In one  case, a fellow caregiver said she saw Ulloa jump on a mute 78&#45;year&#45;old  woman&#39;s chest, body&#45;slamming her into a bed when she struggled. Another  employee said she saw Ulloa leap off a dresser and land with both knees  on an elderly man&#39;s abdomen. He was also accused of using one  wheelchair&#45;using resident&#39;s arm to hit another resident suffering from  dementia, encouraging the two to fight.
Another former caregiver,  Luz Alvarez, said she saw repeatedly punch an elderly man in the stomach  while asking the wheelchair&#45;confined resident, &quot;haven&#39;t you had  enough?&quot;
Kittower&#39;s testimony nearly brought trial jurors to  tears. Ulloa was convicted Thursday on eight counts of eight felony  counts of elder abuse, and showed no emotion when the verdict was read.  Ulloa now faces possible life in prison.
Some of the victims  families were quoted as saying at least some justice was served by the  court&#39;s decision. Though it may offer only small relief to the loved  ones of the abused, Ulloa told the court judge he had been attacked a  half&#45;dozen of his fellow inmates prior to last week&#39;s verdict&#45;he was  sporting a black eye among other minor injuries last week.
Ulloa&#39;s  attorney, Daniel Teola, claimed injuries the victims sustained were  accidental, and that other employees at the nursing home spread lies  about his client out of jealousy. If we were to believe this theory, we  would have to discount Elmore Kittower&#39;s dozen broken bones, or the fact  that no one alerted his widow of the &quot;accidental&quot; mishap.
The  Associated Press reported that Silverado Senior Living had denied all  wrongdoing as well. But prosecutors argued the nursing home was ripe for  abuse, since low&#45;level workers &#45; including Ulloa &#45; have been  ill&#45;qualified and improperly trained. Few of these staff members had  more than a high school education, and make about $10 an hour.
Cameras  were installed in hallways, but not residents&#39; rooms or other areas of  the facility, so none of Ulloa&#39;s abuse was captured on tape.
And  of course, families of Ulloa&#39;s victims are left to wonder why the abuse  was never reported by the facility. Kittower was tipped by a third&#45;party  not employed by the facility, and might otherwise have buried her  husband without knowing the truth.
Ulloa, who was fired from  Silverado Senior Living for unrelated reasons, was alarmingly close to  getting away with unconscionable abuse.
There is no way to  understand the motives of someone like Ulloa, who judging by court  records would not display a drop of empathy for his victims. All we can  do is prevent facilities that employ the Cesar Ulloas of the world, and  stop nursing homes from harming and humiliating patients under care.
&amp;nbsp;</description>
      <dc:subject>Blogging, Elder Abuse, Caregivers</dc:subject>
      <dc:date>2010-04-11T00:39:25+00:00</dc:date>
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      <title>Los Angeles Nursing Home Sued Over Alleged Sexual Assault</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/los-angeles-nursing-home-sued-over-alleged-sexual-assault/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/los-angeles-nursing-home-sued-over-alleged-sexual-assault/#When:03:34:52Z</guid>
      <description>Less than a month after a 20&#45;year&#45;old man sexually assaulted three  elderly residents of a Torrance, California, nursing, a lawsuit has been  filed against the facility for failing to prevent the attack.
Christopher Richardson broke into Heritage Rehabilitation Center on February 16  through an unlocked window, the Los Angeles County Sheriff&#39;s Department  said. Sometime around 6:30 p.m., Richardson allegedly attacked three  women who were residents of the facility.
Though the break&#45;in was caught on video surveillance cameras,  Richardson was on the loose for a week, until he was nabbed in nearby  Gardena for an unrelated sexual assault. Richardson now faces charges of  lewd acts against the elderly, burglary and elder abuse, according to the Los Angeles Times.
A law firm in Long Beach filed suit against Heritage Rehabilitation Center in late March on  behalf of one of the elderly victims.
According to the lawsuit, the woman &#45; referred to simply as &quot;Jane  Doe&quot; in court records &#45; was sitting in a wheelchair in her room when  Richardson entered through the window. Doe asked the unrecognized man if  he worked maintenance at the facility, and he proceeded to sit on her  lap. After Richardson allegedly began fondling her in the wheelchair,  Doe threatened to call for help in a panic.
After leaving the room &#45; again through the window &#45; Richardson &quot;said  he would be back for her later,&quot; the suit claimed.
Attorneys now question how the assailant was able to gain easy access  to the room, and why three women were assaulted without intervention  from the staff.
&quot;Defendants conceived, implemented and carried out a scheme to place  profits over people at the facility,&quot; attorneys for the victim said in a  court statement. &quot;Defendants intentionally underfunded and  understaffed it in order to decrease expenses and increase profits.&quot;
Doe, who has remained a resident at the facility, &quot;requires  assistance with virtually every aspect of daily life,&quot; the woman&#39;s  attorney told the Contra Costa Times.
Heritage Rehabilitation Center, which opened in 1974  and currently has 133 residents, was cited by the U.S. Department of  Health in November of last year for failing to &quot;develop a complete care  plan that meets all of a resident&#39;s needs, with timetables and actions  that can be measured.&quot; In other words: the nursing home failed to care  for all of its residents in a timely manner, which could be attributable  to understaffing.
This may seem like a relatively minor crime to some, because Los  Angeles County sheriff&#39;s Lt. Duane Allen Jr. said the female victims  were traumatized but not hurt.
But imagine if your loved one had been sexually assaulted in such a  matter, having to suffer the indignity and stress of such an ordeal. For  Doe, who had been helplessly resigned to her wheelchair, she had no way  of escaping her captor.
If Richardson had been stopped, two other alleged attacks could have  been prevented, along with the assault in Gardena for which he is  accused.</description>
      <dc:subject>Blogging, Elder Abuse, Nursing Homes, Sexual Abuse</dc:subject>
      <dc:date>2010-04-09T03:34:52+00:00</dc:date>
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    <item>
      <title>Large Nursing Home Chain Defends Pattern of Abuse</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/large-nursing-home-chain-defends-pattern-of-abuse/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/large-nursing-home-chain-defends-pattern-of-abuse/#When:01:32:17Z</guid>
      <description>In January 2009, spokesperson and marketing director Mark Dickerson was defending allegations of sexual abuse against a nursing home owned by his employer, Evangelical Lutheran Good Samaritan Society. Just hours prior to the town hall meeting, two teenaged nursing home employees in Albert Lea, Minnesota had been charged with multiple assault charges.
Dickerson told attendees of the town hall meeting &#45; which included nursing home advocates and families of abuse victims at the facility &#45; that while his company would &quot;take abuse and neglect seriously,&quot; people who learned of such abuse should raise them to the proper authorities.
&quot;If anyone has concerns like that they need to bring them forward at the time they happened,&quot; Dickerson said. &quot;They need to voice their concerns.&quot;
Last week, the Minnesota Star&#45;Tribune reported on a pattern of abuse at another care facility in Brainerd, Minnesota, also owned by Good Samaritan. Dozens of aids were aware of several incidents of abuse against dementia patients&#45;several reported what they saw to supervisors but said nothing changes, according to the Star&#45;Tribune.
State Health Department Officials were called to Good Samaritan Bethany &#45; the Brainerd facility &#45; in late 2008, responding to a claim of one aide mistreating and abusing several residents with dementia. Investigators would discover a pattern of abuse involving at least 20 nursing assistants who belittled elderly patients.
Stella French, who oversaw the investigation, determined there to be a &quot;pattern of resident abuse&quot; at the facility.
&quot;This was a systemwide failure,&quot; French said. &quot;It&#39;s a situation that the administration should have known about and should have stopped.&quot;
In one incident, a nursing home assistant allegedly told an elderly man to urinate in his incontinence briefs. In another, an employee removed the call&#45;light from a confused female resident. Many aids were caught swearing at patients, while others punished patients who didn&#39;t eat by refusing them coffee.
Good Samaritan Bethany was cited for four federal rule violations, and the state&#39;s report was released last week, 14 months after the initial investigation.
The nursing home&#39;s administrator, Michael Deuth, started after the alleged abuses occurred, and said there has been staff turnover since that time. Dickerson, however, remains spokesperson of Good Samaritan&#45;how would he respond to the latest allegations against his company?
&quot;This is not another Albert Lea,&quot; said spokesman Mark Dickerson. &quot;It&#39;s not that level of problem. Still, coming so soon after Albert Lea, both the state and we swooped in right away to get to the bottom of things.
&quot;You have to realize, we have made a lot of changes, done a lot of training,&quot; Dickerson added. &quot;It&#39;s not the same place.&quot;
This blog entry is not intended to vilify Mr. Dickerson, who has been tasked with explaining allegation after allegation against his company. On its Web site, Good Samartan Society claims their vision is &quot;to create an environment where people are loved, valued and at peace.&quot; And yet, at two of their facilities &#45; in a short span of time &#45; there was a fostered environment of abuse.
Good Samaritan Society operates out of 230 locations nationwide. At Good Samaritan Albert Lea, the alleged abusers were teenagers who were unsupervised. At Good Samaritan Bethany, supervisors ignored abuse allegations until the Health Department was at their doorstep.
As mentioned on this blog, the point of civil suits is to expose wrongdoing and attach responsibility when the proper authorities &#45; as Dickerson mentioned &#45; had failed to do so.
Minnesota Health Department did not charge any individual workers with abuse in response to the most&#45;recent allegations, meaning those employees will be free to work at any nursing homes in the future. While Good Samaritan Bethany was cited for abuse and fined, they were allowed to remained open as long as they retrained staff.
If you believe your loved one was abused at a facility owned by Good Samaritan, or any nursing home, contact one of our attorneys rather than waiting for authorities to take action.
&amp;nbsp;</description>
      <dc:subject>Blogging, Elder Abuse, Nursing Homes</dc:subject>
      <dc:date>2010-04-04T01:32:17+00:00</dc:date>
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      <title>Nursing Home, Hospital Ordered to Pay $5M For Bed Sore Death</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/nursing-home-hospital-ordered-to-pay-5m-for-bed-sore-death/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/nursing-home-hospital-ordered-to-pay-5m-for-bed-sore-death/#When:03:38:53Z</guid>
      <description>A Philadelphia nursing home and hospital were ordered on March 18 to pay $5 million in punitive damages after a man developed fatal bed sores at both facilities.
The punitive damages &#45; $1.5 million against Jeanes Hospital and $3.5 million against the Hillcrest Convalescent Home &#45; will be paid to the family of Joe N. Blango, who passed away in 2008 due to infected bed sores.
Blango, then 74, was checked into Jeanes Hospital in May 2006 suffering from weakness and confusion. Doctors believed he was showing signs of a stroke, but failed to diagnose a urinary&#45;tract infection, Blango&#39;s attorney told the Philadelphia Inquirer. The infection made Blango weak and increasingly vulnerable to bed sores.
Blango was transferred to Hillcrest after a week at Jeanes. After his bed sores and urinary&#45;tract infection worsened, he was moved back to Jeanes.
Blango&#39;s widow, Shirly Blango, said her late husband was so malnourished while under the facilies&#39; care he lost 28 pounds. Blango&#39;s bed sores were also left untreated, with numerous infections destroying his body.
Shirly cared for her husband during the last two years of his life, before Blango passed away in his home due to those bed sores.
The $5 million punitive award is in addition to a $1 million compensatory damage award the same jury had awarded two weeks prior. Hillcrest is owned by Genesis HealthCare Corp, while Jeanes is owned by Temple University Health System.
Bed sores &#45; which are also referred to as pressure ulcers or pressure sores &#45; initially results from prolonged friction on the skin, which causes irritation. But bed sores only become serious when repeatedly ignored by those administering care. By the time bed sores become life&#45;threatening, they will have passed through a long, four&#45;stage infection&#45;what starts as a simple skin irritation develops into a wound piercing through the flesh down to the bone.
Serious bed sores should be impossible for nursing homes and other care facilities to ignore, which is why a caregiver&#39;s regimen normally includes shifting immobile patients. Caregivers also have a responsibility to screen and diagnose for bed sores, so that they cannot worsen.
Bed sores are seriously dangerous, but Blango&#39;s case &#45; like other bed sore deaths &#45; tragically could have been prevented.
If you believe your loved one developed dangerous bed sores due to poor care at a nursing facility, contact one of our attorneys to take action against those who administer dangerously sub&#45;standard care.</description>
      <dc:subject>Blogging, Bed sores, Elder Abuse, Nursing Homes</dc:subject>
      <dc:date>2010-03-30T03:38:53+00:00</dc:date>
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      <title>S.F. Nurse Assistant Allegedly Murdered 87&#45;Year&#45;Old Patient With Pillow</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/san-francisco-police-nurse-assistant-murdered-87-year-old-patient-with-pill/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/san-francisco-police-nurse-assistant-murdered-87-year-old-patient-with-pill/#When:02:47:21Z</guid>
      <description>A nursing home employee in San Francisco has been charged with the murder by suffocation of an 87&#45;year&#45;old woman under his care.
Maximo Hong Fajardo Jr., 32, allegedly smothered resident Barbara McIver with a pillow on the morning of March 22, in full view of other residents. Fajardo had been a registered nursing assistant until 1999 &#45; his license is good through 2012 &#45; but had been hired at Convalescent Center Mission Street just two weeks prior.
After employees at the facility learned of the murder and contacted police, Fajardo made a quick exit. Police finally nabbed Fajardo after he had allegedly stolen three automobiles&#45;one victim of the alleged car thefts bit Fajardo on the face, which was evident during arraignment. The San Francisco Chronicle gave further details on Fajardo&#39;s arrest in their article, which can be viewed in full here:
Employees alerted police to the killing around 10 a.m., and officers soon learned that the suspect had carjacked a Toyota Corolla outside the center and gotten as far as Geneva Avenue and Alemany Boulevard. There, he crashed into another car and proceeded to commandeer a Toyota Camry.
The Camry slammed into a Nissan Pathfinder a few minutes later at 17th and De Haro streets, flipping the sport utility vehicle on its side and injuring the driver.
Authorities said Fajaro ran to 16th Street and De Haro and tried to steal a third car, but that the driver resisted. Bystanders then chased him down and held him for police.
After he was brought to police headquarters and interrogated, Fajardo &quot;made a run for the door,&quot; said Brian Buckelew, spokesman for District Attorney Kamala Harris.
&quot;He ran out of the interview room, knocking an officer backward, and ran for the outer door,&quot; Buckelew said. &quot;He was quickly captured.&quot;
Authorities are still trying to figure out Fajardo&#39;s motive, or even his state of mind; he has no criminal record and has never had a complaint lodged against him with the state Department of Health, the Chronicle said. Fajardo was still being trained at the facility, and was being left unattended for the first time by other staff.
Inspector Joe Engler of San Francisco&#39;s homicide said he would be investigating Fajardo&#39;s history at other nursing facilities where he has worked.
This is the second incident of serious nursing home abuse occurring in the Bay area last week. On Monday, assistant administrator Concepcion &quot;Connie&quot; Pinco Giron of Elmwood Nursing and Rehabilitation Center was charged with kidnapping one resident and stealing from others.
The solemn mood could be felt when Fajardo plead not guilty on Wednesday. Many of Fajardo&#39;s relatives reportedly wept, while advocates for McIver demanded justice. McIver had developmental disabilities, but had been living a happy and healthy life leading up to her murder.
&quot;It&#39;s unbelievable. She was a helpless, 87&#45;year&#45;old woman, wheelchair&#45;bound and partially blind,&quot; an unidentified friend of McIver said to the Chronicle. &quot;She had a wonderful sense of humor...she painted and drew.&quot;
Though it may never truly explain what happen, many details need to come to light. What could have sparked Fajardo, and does he have a history of violence with care patients? Was Convalescent Center Mission Street aware of any past instances of violence, and did they err in leaving Fajardo alone with vulnerable residents of the facility?
As mentioned on this Web site, the National Center on Elder Abuse has estimated that more than one million American senior citizens have been abused by someone they depend on for care. What is even more shocking is that only 1 in 25 cases are reported to authorities.
As tragic and unbelievable as McIver&#39;s death is, similar incidents occur across the country each year. For this reason, people must take action upon learning their loved ones have been abused by a caregiver. Anyone who executes or promotes violence against seniors and the disabled must be stopped.
&amp;nbsp;</description>
      <dc:subject>Blogging, Elder Abuse, Nursing Homes, Caregivers</dc:subject>
      <dc:date>2010-03-27T02:47:21+00:00</dc:date>
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    <item>
      <title>Nursing Home Worker Charged With Kidnapping Patient</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/nursing-home-worker-charged-with-kidnapping-patient/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/nursing-home-worker-charged-with-kidnapping-patient/#When:02:58:23Z</guid>
      <description>Concepcion &quot;Connie&quot; Pinco Giron, a former assistant administrator for Elmwood Nursing and Rehabilitation Center, has been charged with kidnapping one of her elderly patients and stealing from six others.
&quot;This is a shocking case of nursing&#45;home abuse and a gross violation of trust,&quot; said state Attorney General Jerry Brown, who is currently running for Governor of California.
The Bureau of Medi&#45;Cal Fraud and Elder Abuse received a complaint against Giron in August, prompting a closer look at Elmwood, which is located in Berkley, California. It was then that Giron&#39;s scheme came unraveled.
In 2008 Giron opened bank accounts at Citibank for five elderly patients, according to the San Francisco Chronicle, and began transferring money from those accounts to her own. Giron would allegedly forge patients signatures in checks written to herself, and stole patients&#39; money from trust accounts Elmwood had maintained.
Here are more details on the victims, from the Chronicle:
The other alleged victims are identified in court records as Lottie McDonald, 97; Doris Polk, 77; Marvin Brown, whose age was unavailable; Jeanne Butterfield, 78; and Joseph Bontempo, 79. All lived at the Berkeley convalescent center.
In 2008, Giron also convinced Polk&#39;s son that he needed to pay an extra $600 per month in cash to keep his mother in the convalescent center, authorities said. The son made the payments for 18 months, but Giron pocketed them, investigators said.
In August of that same year, Giron told a supervisor at Elmwood she was moving 85&#45;year&#45;old Carnell Williams, who suffered from Alzheimer&#39;s Disease, to another nursing facility. Instead, investigators said, Giron moved Williams into her home and began taking her pension and Social Security checks. Authorities believe Williams was unharmed and decently fed while Giron had her in the home, and Williams has since been transferred to another facility.
Giron was arrested and charged yesterday with kidnapping, false imprisonment, elder abuse, and six counts of theft from elders by a caretaker.
It appears as if Giron saw the advantage she had over her vulnerable patients, and went to great lengths to take it. In this unusual case, a nursing home employee was capable of financially defrauding patients because the patients&#39; money was already being controlled by the facility.
Ricky Bautista, Elmwood&#39;s current administrator, told the Chronicle that Giron&#39;s case was an &quot;isolated incident.&quot; Giron&#39;s case, however, involved many patients who were under Elmwood&#39;s care over a long period of time.
If a nursing home is in charge of care for elderly and disabled residents, it has a responsibility to ensure its staff members are not victimizing patients. Especially when a nursing home is also charged with managing patients&#39; trusts &#45; with thousands of dollars at stake &#45; it is additionally required to prevent employees from gaining access to those funds.
If your loved one was targeted for fraud while under the care of Giron, Elmwood, or any caregiver, we can provide assistance with regards to your possible case.</description>
      <dc:subject>Blogging, Elder Abuse, Nursing Homes, Caregivers</dc:subject>
      <dc:date>2010-03-24T02:58:23+00:00</dc:date>
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    <item>
      <title>Lawsuit Alleges Nursing Home Failed to Prevent Sexual Assault</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/lawsuit-alleges-nursing-home-failed-to-prevent-sexual-assault/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/lawsuit-alleges-nursing-home-failed-to-prevent-sexual-assault/#When:20:51:33Z</guid>
      <description>In a lawsuit filed on March 13 against Asbury Place nursing home, the daughter of a former resident alleges the facility allowed a convicted sex offender to live unsupervised with other residents.
Margaret Henry, whose mother Katheryn Hill suffered from &quot;mild retardation,&quot; was into the facility in March 2009. That same month, she was sexually abused by James Charlles Strickland, according to Henry. Strickland, 69, was a registered sex offender, stemming from his 1992 conviction for rape and incest.
Henry claims the staff at Asbury Place, which is based in Maryville, Tennessee, knew of Strickland&#39;s convictions but allowed him to walk unescorted throughout the facility, without separating him from other residents.
&quot;They let him roam the floor with everybody else,&quot; said David Boyd, the family&#39;s lawyer in an interview with the Knoxville News Sentinel. &quot;He had free rein to assault her.&quot;
State and federal laws prohibit sex offenders from living near schools or being around children. In some communities, sex offenders must notify nearby residents when moving into a neighborhood. And yet, these sorts of restrictions do not exist for nursing homes.
It astounds family members to learn their loved ones have lived alongside some of the most violent offenders.
In Ohio, over 100 registered sex offenders lived in nursing home facilities last year, in addition to six staff employees&#45;a total which has nearly tripled since 2004. Due to a loophole in state law, nursing homes did not need to notify other residents when a sex offender was moving into the facility.
Authorities in Chicago &#45; Illinois has a very poor reputation for its nursing facilities &#45; have investigated at least 86 cases of sexual violence against elderly and disabled residents since July 2007, according to the Chicago Tribune. Only one of these cases resulted in an arrest, and no police reports were filed in connection with nine alleged sexual attacks.
According to Hill&#39;s lawsuit, in which she is seeking $13 million in damages, Henry called her help while Strickland tried to rape her on March 13, 2009. After being wrestled away by a staff member, Strickland was later questioned by police but died in July 2009 before being charged with a crime.
Since nursing homes are permitted to admit mentally ill patients, or convicted violent offenders, many for&#45;profit faculties use it as an opportunity to boost revenue with extra residents. A spokesman for the Tennessee Department of Health told the News Sentinel federal guidelines require any nursing homes accepting such patients are required to protect patients from each other while providing adequate care for each residents.
Henry believes Asbury had no plan to monitor Strickland, or other unstable residents living in the facility&#45;nor did they plan on informing other families of Strickland&#39;s violent history.
Nursing homes have a responsibility to weed out neglectful or abusive staff. By the same token, nursing homes must keep violence out of the facility. A nursing home that fails to supervise convicted violent offenders will ultimately breed violence in the facility.
Residents of nursing facilities are especially vulnerable to violence, injury, and death. If you believe your loved one has suffered abuse from fellow residents, or nursing home staff, we can help you take action.</description>
      <dc:subject>Blogging, Elder Abuse, Nursing Homes, Sexual Abuse</dc:subject>
      <dc:date>2010-03-20T20:51:33+00:00</dc:date>
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    <item>
      <title>Medication Errors Led to Patient&#8217;s Death In Minnesota Nursing Home</title>
      <link>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/drug-errors-led-to-patients-death-in-minnesota-nursing-home/</link>
      <guid>http://www.allaboutbedsores.com/index.php/elder-abuse-blog/comments/drug-errors-led-to-patients-death-in-minnesota-nursing-home/#When:04:08:56Z</guid>
      <description>State authorities began investigating Fair Oaks Lodge, a nursing home in Medina, Minnesota, after serious medication errors caused the death of one resident and sent three others to the hospital. All four incidents happened within a 16&#45;day period last year, according to the Minneapolis Star Tribune.
According to a report from the state Health Department released last week, the female resident who died was an 82&#45;year&#45;old Alzheimer&#39;s patient. She was given three separate medications for the central nervous system and the heart, along with an antipsychotic medication. Her blood pressure quickly dropped and her pupils became &quot;fixed and unresponsive&quot;&#45;six days later, she died of pneumonia.
When state Health Department officials visited the nursing home two months later, they reported observing a medication error rate of 18 percent during one evening&#39;s staff rounds.
Consider that for a moment. This unusually high rate of medication errors occurred just a short time after medication errors had caused the death of one of its residents. State investigators in their report blamed Fair Oaks Lodge for its &quot;significant medication errors&quot; that led to the death of the resident, whose name was withheld for privacy.
Fair Oaks is owned by Tri&#45;County Hospital, a not&#45;for&#45;profit organization. Joel Beiswenger, CEO of Tri&#45;County, acknowledged that an error had occurred, and blamed that error on a single employee.
The employee who made the mistake was a trained medication aide who, after the resident&#39;s death, was disciplined, retrained, and then returned for work, according to Beiswenger.
Medication errors, as we can clearly see from this case, has the potential to harm as much as any form of elder abuse. For negligent nursing homes, one mistake with medication can cause serious, life&#45;threatening repercussions for already at&#45;risk patients who are relying on these facilities for care.
When a medication mistake led to the death of a resident &#45; which should be the ultimate mistake a caregiver can make with his or her patient &#45; the employee returned to work. According to the Star&#45;Tribune, Fair Oaks was cited for neglect and issued three federal citations,
As mentioned before on this blog, civil cases force nursing homes to take responsible for poor care when they haven&#39;t done so already. It is unclear whether Fair Oaks or Tri&#45;County will face future lawsuits as a result of their admitted medication errors, but the Minnesota state Health Department&#39;s report indicates they have not made significant improvements towards reducing the number of medication errors.
The owner of Winchester Centre for Health and Rehabilitation was forced to spend $3.7 million upgrading its facilities and patient care following a lawsuit settlement in 2004. The nursing home, based Louisville, Kentucky, had been cited for medication errors, improper use of restraints, failure to treat wounds and infections, and lack of supplies.
If you or a loved one have suffered from inadequate care, do not wait for the nursing home to repeat its mistakes&#45;contact us for a consultation with one of our attorneys.</description>
      <dc:subject>Blogging, Elder Abuse, Nursing Homes, Medication Abuse</dc:subject>
      <dc:date>2010-03-19T04:08:56+00:00</dc:date>
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