Kentucky Injury Law Blog

The estate of a Richmond nursing home resident who was abused and neglected while staying at the Richmond Health and Rehabilitation Center, also called Madison Manor, is suing the nursing home and three of its former nursing home workers for Kentucky nursing home abuse and neglect.

Armeda Thomas lived at the long-term care facility from February 2007 through September 2008. She died in November 2008. While Thomas was staying at the Richmond nursing home, family members installed a hidden video camera to monitor the care that she was receiving because they were worried she was being mistreated.

The video footage recorded in August and September 2008 shows nursing home workers physically and verbally abusing her, as well as neglecting to feed and clean her. Three former Madison Manor nursing home employees, Amanda G. Sallee, Jaclyn Dawn VanWinkle, and Valerie Lamb, were charged criminally for abusing and neglecting Thomas, who at the time of the alleged incidents was in her 80’s and suffering from Alzheimer’s.

Among the abuse incidents recorded was that of Thomas being handled roughly, including footage of a worker recklessly lifting the elderly resident's legs higher than required to make incontinent changes and picking her up by her neck. Not only did workers fail to feed Thomas on more than one occasion, but a nursing assistant ate the patient's food twice. Over two weeks, Thomas lost 19 pounds.

The Kentucky nursing home abuse and neglect lawsuit is seeking compensatory and punitive damages for Thomas' personal injuries, legal fees, and court costs for chronic neglect, abuse, and substandard care.

Last month, the federal Health and Human Services' Centers for Medicare and Medicaid Services added Madison Manor to its “Special Focus Facilities” list. The list names nursing homes that have exhibited more issues than other US nursing homes—especially over a long period of time.

Madison Manor sued for negligence in care, Richmond Register, May 7, 2009

Nursing home now on federal troubled list, Kentucky.com, May 9, 2009

Related Web Resources:
Special Focus Facilities, Centers for Medicare and Medicaid Services

Kentucky Nursing Home Abuse Evidence Shot Using Family’s Hidden Camera, KentuckyInjuryLawBlog.com, December 1, 2008

The Kentucky Cabinet for Health and Family Services says that employees at a Lexington nursing home acted inappropriately when they used their cell phones to take pictures and make audio recordings of residents without their consent and then sent the images, with sexual song lyrics attached, to other nursing home workers. Bluegrass Care and Rehabilitation Center received a Type A Citation for the incidents, which noted that the Kentucky nursing home does not appear to have ever trained or told staff that taking sexually exploitive photos or recordings of residents is a form of nursing home abuse.

The citation says that licensed staff, nursing aides, and housekeepers were interviewed about the incidents and they said that this type of activity was typical at the nursing home and was not considered abuse, which is why no one ever reported the photos or audio recordings to supervisors. Last week, the administrator for the nursing home said that the facility had conducted a complete investigation and a number of employees had been let go.

Bluegrass Care and Rehabilitation Center actually bans its workers from having cell phones in the resident-care sections of the facility—a policy that the citation says the nursing home clearly failed to enforce. The citation says that the cell phone photos and recordings led to the abuse of seven nursing home residents and that the Lexington nursing home failed to implement a system that protected residents from nursing home abuse. As a result, the citation says that residents at the long-term care facility were in imminent danger.

Under the Nursing Home Residents’ Bill of Rights 400.022, Kentucky nursing home residents are entitled to a number or rights while staying at a long-term care facility, including the including the rights to:

• Religious and civil liberties.
• Privacy.
• Communication free from censorship.

Kentucky nursing home residents are also entitled to a stay at a long-term care facility where they are protected from nursing home abuse or neglect. If you believe that your loved one has been the victim of Kentucky nursing home abuse or neglect, there are legal remedies available to hold the nursing home facility and its workers financially and civilly liable.

Nursing home staff took inappropriate photos of residents, Kentucky.com, April 29, 2009

Related Web Resources:
Read the Kentucky Nursing Home Citation (PDF)

The Kentucky Cabinet for Health and Family Services

Resident Rights, Medicare

Continue reading "Kentucky Nursing Home Abuse: Lexington Nursing Workers Acted Inappropriately When They Took Cell Phone Photos of Residents, Says State" »

The son of a Winchester nursing home patient is suing the Winchester Centre for Health and Rehabilitation for Kentucky wrongful death. William Baker died on January 31, 2008 after he developed breathing problems while staying at the long-term care facility.

The 54-year-old nursing home resident had been admitted to the home on January 5, 2008 after suffering a brain aneurysm. According to the Kentucky wrongful death lawsuit, the nursing home neglected to monitor his respiratory condition and failed to suction him, which resulted in his breathing problems. He died at Lexington hospital.

The Kentucky nursing home neglect complaint accuses the long-term care facility of not giving Baker enough medical care and attention while maintaining staffing levels that resulted in incredibly high nurse/resident ratios that could be considered reckless. Among the other allegations against the Winchester Centre for Health and Rehabilitation:

• Failure to properly train and supervise nursing home workers and residents.
• Failure to care for Baker with dignity and respect.
• Failure to properly evaluate his medical needs.
• Failure to provide the patient with the necessary services he required.

Baker’s son says that the nursing home’s negligence lead to his father experiencing serious trauma and ultimately caused his death.

The Winchester nursing home has received a lot of negative publicity lately. It nearly lost its Medicare and Medicaid funding until it achieved compliance last month. It has been sanctioned by both federal and state officials for alleged Kentucky nursing home neglect and abuse citations. It even received a Type A citation, which is the most serious one that the state of Kentucky can issue to a long-term care facility for abuse or neglect.

Winchester nursing home sued in man's death, Kentucky.com, March 5, 2009

Kentucky Nursing Home Abuse Attorney: Winchester Care Facility to Lose Medicare and Medicaid Funding After Receiving Type A Citation for Alleged Abuse and Neglect, Kentucky Injury Lawyer Blog, January 19, 2009

Related Web Resources:
Read the Complaint (PDF)

Winchester Center for Health and Rehabilitation

In Kentucky, Rep Carl Rollins has introduced a bill that calls on Kentucky nursing homes to display the rating they were issued by the Centers for Medicare and Medicaid Services. The new five-star federal rating system ranks Medicaid-approved nursing homes in the state according to the quality of care that they provide residents.

Rollins, who has been unsuccessful in his efforts to push through a bill that would require Kentucky nursing homes to have no less than a certain minimum number of employees at each home, says this new bill could hold nursing homes responsible and compel them to work harder to improve their rating.

He wants each Kentucky nursing home to display its rating in a prominent place on the premise, such a the main entrance of the facility, and include a brief explanation of what the rating means. For example, a one star rating signifies the long-term facility care is ranked as “much below average," a three star rating means “about average,” and a five star rating means “much above average.”

287 Kentucky nursing homes were rated under the new Medicare and Medicaid rating system. 10% of these homes received 5 stars, while 23% of the facilities received just one star.

The AARP offers a number of recommendations of what to look for when choosing a nursing home for a loved one, including:

• Ask for a list of the nursing homes in the area that you are considering.
• Try to choose a home that is conveniently located so you or others can visit your loved one.
• Visit the home and take a good look at the facilities.
• Check the nursing home for cleanliness and sanitation.
• Find out how many nursing home workers there are at the facility compared to the number of patients
• Inquire about how many employees work each shift.
• Look at the way residents and nursing home workers interact with one another.

Choosing a Kentucky nursing home where your loved one will be safe and well cared for is one of the most important decisions you can make for him or her at this time. In the event that you suspect nursing home abuse or neglect, an experienced Kentucky nursing home abuse attorney can help you deal with the situation and file a personal injury lawsuit for compensation on your loved one's behalf.

Bill would require posting of nursing home's rating, Courier-Journal.com, February 9, 2009

Choosing a Nursing Home, AARP, January 2007

Related Web Resources:

Five Star Quality Rating, Centers for Medicare and Medicaid Services

Nursing Homes in Kentucky

Continue reading "Kentucky Nursing Home Abuse Attorney: New Bill Calls for Long-Term Care Facilities to Display Medicare and Medicaid Ratings" »

A Kentucky nursing home has been cited for alleged abuse and neglect. State officials gave Winchester Center for Health and Rehabilitation a Type A citation, which is the most serious citation the state can issue for nursing home abuse or neglect. Now, the federal government says that the home’s contract for Medicare and Medicaid funding will be terminated. This means that the Kentucky nursing home won’t be able to take care of people who receive Medicaid and Medicare.

Kathy Gannoe, Nursing Home Ombudsman Agency of the Bluegrass’s executive director, says that the problems that led to the Type A citation involved medical errors that have been taken care of. Gannoe also says that most of the 31 complaints the agency received in the last three months about the Kentucky long-term care facility have been resolved.

This is not the first time the Winchester Centre for Health and Rehabilitation has had to modify its patient care. In 2004, the Winchester facility was one of four Kindred Nursing Centers homes that reached a $3.7 million settlement with the state for untreated infections and their delayed treatment, improper restraint use resulting in injuries, failure to properly administer patient medications, failure to evaluate and treat wounds, and insufficient supplies for treating life-threatening illnesses. Also, at least two Kentucky nursing home lawsuits accusing Winchester Centre for Health and Rehabilitation of negligent care have been settled.

Current residents at the 183-bed facility who qualify for Medicare and Medicaid funding will have to be transferred to other facilities. To be eligible for Medicare and Medicaid, Kentucky nursing homes must meet federal standards regarding food storage and preparation and patient care. Central Kentucky has already lost 400 nursing home beds for Medicaid patients for a number of reasons.

Nursing home owner spent $3.7 million in 2004 case, Kentucky.com, January 16, 2009

Winchester nursing home to lose funding, Kentucky, January 14, 2009

Related Web Resources:

Winchester Centre for Health and Rehabilitation

Centers for Medicare and Medicaid Services

Continue reading "Kentucky Nursing Home Abuse Attorney: Winchester Care Facility to Lose Medicare and Medicaid Funding After Receiving Type A Citation for Alleged Abuse and Neglect" »

The Centers for Medicare and Medicaid Services has unveiled a new online rating system that allows people to compare the quality of care they can get at nearly 16,000 US nursing homes throughout the United States. The 5-star ranking system, which rates the nursing care facilities using data about nurse staffing, quality measures, and health inspections, was developed to help prospective residents and their families choose the right long-term care facility. For example, among Lexington nursing homes (within 25 miles of the city):

1 Star:
• Cambridge Place
• Winchester Centre for Health & Rehabilitation
• Richmond Place Rehabilitation and Health Center

5 Stars:
• Homestead Nursing Center

According to the new rating system, 23% of Kentucky’s 287 nursing homes that qualify for Medicare and Medicaid Services received a 1-star ranking for “much below average,” while just 10% of Kentucky nursing homes received 5-stars.

While Kentuckians for Nursing Home Reform President Bernie Vonderheid called the new system “historical” and a way to monitor nursing homes, Kentucky Association of Homes and Services for the Aged CEO and President Tim Veno cautioned that the system has its flaws and could sometimes prove misleading. For example, Veno says nursing homes that have more seriously ill patients might receive a lower ranking.

The new rating system is also providing a new nursing standard that calls for every resident to receive at least 4.08 hours of nursing care every day. Nursing Home Ombudsman Agency of the Bluegrass Inc. programs and services director Sherry Culp, however, says that it will take awhile to determine how well the system actually reflects what goes on in the nursing homes.

While the new rating system provides additional information for people deciding whether to admit a loved one to a particular Kentucky nursing home, there is still no substitute for actually visiting a long-term care facility, examining the nursing home, and talking to nursing home workers to make sure that a place is the right fit. Nursing home abuse and nursing neglect continue to be problems in a number of Kentucky nursing homes, and it is important for family members to do everything they can to make sure their sick or elderly loved one isn’t placed in a home where they will get hurt or be ignored.

Medicare rates nursing homes, Kentucky.com, December 19, 2008

Find and Compare Nursing Homes, Medicare.gov

Related Web Resources:
Nursing Home Ombudsman Agency of the Bluegrass Inc.

Kentuckians for Nursing Home Reform

Continue reading "23% of Kentucky Nursing Homes Rated “Much Below Average” by Medicare’s New Ranking System" »

In Kentucky’s Madison District Court, a former nursing home aide pleaded not guilty to charges she neglected an elderly resident. Jaclyn Dawn VanWinkle was charged with wanton endangerment for the lack of care that Armeda Thomas received while staying at the Madison Manor Nursing Home in Richmond.

Thomas’s family members hid a camera in her room after they found 36 unexplained bruises on her body. The video footage showed nursing workers physically and verbally abusing the elderly resident, as well as neglecting to clean and feed her. Thomas has Alzheimer’s.

While VanWinkle is not accused of physically assaulting Thomas, the charges against the 25-year-old stem from an incident when a nursing danced in front of the 84-year-old resident while another nursing worker held her arms. The former nursing aide was also accused of failing to use a gait belt when moving Thomas from her bed to a wheelchair.

Nine nursing aides were fired after the alleged Kentucky nursing home abuse incidents were reported. VanWinkle, however, says that she took good care of Thomas and was shocked when she was let go from her job. She says that people misunderstood what they were seeing when they watched the footage of someone dancing and singing in front of the elderly resident. At the time the alleged abuse incident occurred, VanWinkle had not yet received her certified nursing assistant’s license.

Kentucky’s Cabinet for Health and Family Services has cited Madison Manor over the alleged nursing abuse incidents. The Kentucky nursing home says it has taken action to remedy the problems.

Former nursing home aide pleads not guilty, Richmond Register, December 23, 2008

Former Richmond nursing home aide is charged with neglect, Kentucky.com, December 19, 2008

Related Web Resources:

Read Madison Manor's Statement About the Abuse Charge Filed Against VanWinkle, December 18, 2008 (PDF)

Madison Manor

Continue reading "Kentucky Nursing Home Neglect: Former Madison Manor Aide Charged with Wanton Neglect in Resident Abuse Case Shot on Video" »

Video footage shot at a Richmond, Kentucky nursing home shows workers abusing and neglecting an 84-year-old resident. The video was recorded on a camera hidden in the bedroom of Armeda Thomas, an Alzheimer’s resident at Madison Manor.

Family members had placed the camera in the elderly woman’s room after they noticed that she had multiple “handprint” bruises all over her body and nursing home staffers couldn’t properly explain what happened. In fact, the workers claimed the bruises occurred because Thomas was “combative.”

The footage shows nursing home staffers taunting and physically abusing Thomas, as well as neglecting to clean and feed her. The nursing home abuse and neglect incidents were shot on videotape between August 17 and September 8, 2008.

On video, nursing home staffers are seen manhandling and harassing Thomas, including pulling her out of bed by her neck and wrists. X-rays taken of Thomas in September showed that she had fractures in her lumbar vertebrae.

Documents were also reportedly falsified to show that the 84-year-old had been fed. In two instances, it was the nursing home assistant who ate Thomas’s food. The elderly resident reportedly lost 19 pounds in two weeks.

Now, the Kentucky Attorney General’s Office is considering filing criminal charges against the Richmond home for nursing home abuse and neglect. Since the criminal probe began, evidence has surfaced indicating that at least 17 other nursing home residents with cognitive impairments had sustained “injuries of unknown origin” and that Madison Manor failed to properly investigate the causes of their injuries.

Madison Manor has been issued a Type-A citation, which is the most serious citation that the inspector general's office of the Kentucky Cabinet for Health and Family Services can give a nursing home. Although the issues for which the citation was given were reportedly corrected last month, some deficiencies still exist.

Thomas, who was removed from the home immediately after the abuse was discovered, died from Alzheimer’s-related complications on November 7.

Videotape at nursing home records abuse, Kentucky.com, November 30, 2008

Related Web Resources:

Madison Manor

Kentucky Cabinet for Health and Family Services

Continue reading "Kentucky Nursing Home Abuse Evidence Shot Using Family’s Hidden Camera " »

In Kentucky, Moses Young, the Ex-Assistant Director of Nursing Home Regulation at the State Inspector General’s Office, was reportedly fired following allegations that he had an improper relationship with the owner of the Garrard Convalescent Home in Northern Kentucky.

Among the allegations, Young is accused of living—possibly rent-free—in a house owned by Ralph Stacey, Jr., the operator/owner of the nursing home. The State Attorney General and the FBI are currently conducting a criminal investigation to determine whether criminal charges need to be filed against Young.

The Garrard Convalescent Home has come under fire following 23 complaints in the last 4 years accusing the care residence of nursing home neglect, abuse, and problems with bedbugs. Records show that state investigators looked into the complaints and the home was cleared of any wrongdoing.

Now, however, there is concern that Young’s relationship with Stacey may have compromised the investigations, as well as the safety and care of the residents residing at the home.

Kentucky’s Inspector General fired Young in May for possible conflicts of interest and using his position with the state for financial profit. While an investigation confirmed that Young had been residing in a home that belonged to Stacey in Griffin Gate, a gated subdivision in Lexington, the former regulator reportedly could not provide evidence documenting that he has paid Stacey rent.

Documentation also showed that Young called Stacey 427 times over an 18-month period using a state government cellular phone—usually on days when investigators were about to conduct surprise inspections following the complaints.

Since the probe into Young’s relationship with Stacey, the nursing home has been given a Type A citation for jeopardizing the safety of residents. Kentucky is recommending that the Garrard Nursing Home be slapped with a $500,000 fine.

Last week, Young appealed the decision terminating him from the post. He has denied all allegations.

If you are the victim of nursing home abuse or neglect at a Kentucky nursing home, contact our Louisville nursing home abuse lawyers for your free consultation.

State nursing home inspector fired, Kentucky.com, July 19, 2008

Ex-chief of nursing home inspections appeals firing, Courier-Journal.com, July 19, 2008

Related Web Resources:

Garrard Convalescent Home

How to Protect Nursing Home Residents (PDF), Commonwealth of Kentucky

Continue reading "Kentucky’s Former #2 Nursing Home Regulator May Have Lived Rent Free in Home that Belonged to Nursing Home Operator" »