Articles Posted in nursing home abuse

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Often with aging comes the necessary need of daily medications to help control pain, cholesterol, blood pressure, and other ailments. In nursing homes across Pennsylvania and New Jersey strict maintenance and dispensing procedures of patient medication is key to both the patient’s ailments and survival. In some cases the pain medication has attracted unscrupulous characters that take advantage of elder patients often robbing them for their pain medication. Withholding medication from a nursing home resident can amount to nursing home abuse. Chronic pain is both under treated and a common ailment according to a recent study published by the Archives of Gerontology and Geriatrics. The study made up of 105 nursing home patients with the mean age of 82, living in two separate nursing homes in Torino, Italy, found that chronic pain was wide spread. The study suggests that chronic pain was present in 82.9 percent of the sample of patients studied, and that persistent pain lasting more than 24 months was present in half of the residents. Chronic pain can affect every part of a resident’s daily life. From their mood, nutrition consumption, sleep pattern, and overall quality of life, chronic pain can play a direct role in making a resident’s life enjoyable. That is why instances of prescription theft are particularly disheartening in the nursing home setting.

Many of those who work in nursing homes who steal prescription medication from residents are caught and prosecuted, as was the case for a former nurse at North Muskegon senior care facility in Missouri. Former registered nurse Ruth Ellen Everett unknowingly was under investigation by local police as she worked at Hillcrest Nursing Center in North Muskegon. As reported by MLive News affiliate, Everett was arrested on charges of elder abuse and larceny in connection with stolen morphine from a patient at the senior care facility on Monday, April 28. Unfortunately many residents are unaware that their medication has been tampered with and therefore are unable to press charges. Prescription theft in a nursing home or extended care setting can be slow and steady process leaving the victim often helpless and disoriented or writhing in pain. If you or a loved one is in a nursing home or being cared by another it is important to note what medications the resident has been prescribed. In some instances when a medication is stolen by a care provider the doctor may assume that the medication is not working and change the dosage. In some instances lethargy, weight loss, and anti-social behavior may result. If you are advocating on behalf of a loved one feel free to ask more information regarding medication tracking and rules over who and how medications are doled out in your specific nursing home or special care facility.
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Earlier last week, nursing home advocates took to the Oklahoma governor’s office in hopes of initiating desperately needed nursing home reform talks. Of particular importance a meaty Oklahoma nursing home reform Bill, which sought to address many elder abuse and neglect concerns, was defeated last month. As a Pennsylvania and New Jersey nursing home abuse attorney I was interesting in a proposed Oklahoma House Bill 2901 much of which was geared towards supplementing elder care resources as a means of preventing nursing home abuse and neglect. House Bill 2901 was tailored to increase nursing home staff, create medical director oversight, and other measures. The House Bill did not make it to committee, but it did help shed light on staggering cases of elder abuse that on average is greatly underreported. The Oklahoma based grassroots long-term care reform organization, A Perfect Cause, estimates that more than 3,500 nursing home residents in Oklahoma die each year from nursing home abuse and neglect. The House Bill 2901 would have address preventable deaths and injuries in two separate areas of interest, mandated increased nursing staff, and the state required investigation of family members and the accused, while investigating elder abuse claims. As reported by Oklahoma’s Own News 9, there were disagreements in the language and content of the bill, but lawmakers look optimistically to the next session in which to work out their disagreements. Wes Bledsoe, an advocate for nursing home reform, and President and Co-Founder of A Perfect Cause, estimates that about 62,000 cases of nursing abuse goes unreported nationwide. Underreporting is one of the many hurdles in addressing nursing home abuse and elder abuse on both a state and federal level.

Nursing home abuse reform has remained in Oklahoma’s legislature since the December 2012, disturbing nursing home abuse that was caught on tape. A hidden camera in 96-year-old Eryetha Mayberry’s nursing home room exposed the devastating abuse she was being subjected to on a daily basis by members of the nursing staff. Mayberry suffered from dementia, which requires greater care and more supervision as the patient’s capacities diminish. Dementia patients are particularly vulnerable to unscrupulous residents and staff members in nursing homes that take advantage of a patient, knowing full well that their victim will not be able to fully recall the transgressions. Mayberry’s daughter, Earlene Adkisson, installed the camera after she believed items were disappearing from her mother’s room. The extreme instances of abuse caught on camera including rough handling, choking, blocking the resident’s airways and more, totally shocked and horrified Mayberry’s family. The reported images left many questioning whether “granny cams” or monitoring devices were needed to keep themselves and their loved one’s safe. Oklahoma lawmakers say they have seen a rise in proposed legislation for the installation and monitoring of cameras in common areas of nursing homes. However, informed consent for monitoring in nursing homes is a complicated legal terrain, as you have to balance the general welfare of the residents and the individual resident’s right to privacy. Many opponents strongly believe that the safer alternative is to add more quality staff to help ease the burden of daily care.
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When a family makes the decision to transition a loved one into a nursing home it can be an overwhelming and understandably emotional experience. The daily care, safety, and overall wellbeing of your loved one are being placed in the hands of another. It is a duty that many nursing home staffs and facilities pride themselves in excelling in. U.S. News & World Report has released their sixth annual data and ratings results of nearly every nursing home in the United States. The search tools and valuable information within the detailed U.S. News database can help make choosing a nursing home a better, quicker, safer, more informed experience. The user-friendly search tools gives a multi-layer approach in finding a suitable nursing home that meets the needs for you or a loved one. It is estimated that over 3 million Americans live in approximately 16,000 nursing homes throughout the United States. That number is expected to only increase as the nation’s older adult population continues to steadily climb. Much of the raw data relied on by U.S. News in rating nursing homes comes from Nursing Home Compare, the federal database detailing every Medicare and Medicaid certified nursing home in the country. You can search by state, region, city, or zip code, or by a numerical star rating of 1 to 5. The 2014, ratings of 1,893 nursing homes in Pennsylvania indicate that 702 nursing homes, about 25 percent, earned a five-star rating, while less than 5 percent of Pennsylvania nursing homes earned a one-star rating.

Distilling the ratings:

There are three key areas that the overall ratings correlate to, the nursing home’s individual ratings of their (1) state-conducted health inspections, (2) sufficient nursing staff and, (3) the quality medical care measures. As a nursing home injury specialist with practices in both Pennsylvania and New Jersey, when looking at a nursing home’s overall rating, I place particular importance on a nursing home’s nursing staff rating. The nurse staff rating relates to the average number of hours per day of care received per resident from nurses and physical therapists. A nursing home with a low rating for nursing staff raises concerns as understaffing is the leading cause of neglect and abuse in nursing homes and long care facilities. When a nursing home is inadequately staffed the required daily care to stave off fatal infections, pressure sores, devastating falls, and to meet the minimal quality of care required by both federal and state regulation, is often found lacking. Sufficient staffing is a critical component in running a safe, clean, well managed nursing home, so much so that all nursing homes participating in Medicare are required to meet specified requirements of the Federal Nursing Home Reform Act, part of the Omnibus Budget Reconciliation Act of 1987. Specifically facilities are legally required to have “sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” Therefore, when narrowing down the choices of a nursing home facility remember to pay close attention to the nursing home’s staff rating, as this singular component can have life-altering effects.
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On Wednesday, November 13, a domestic violence incident was reported that both stuck out in my mind, and remained there over the weekend, as it pertained to domestic violence in couples over the age of 80. The article, “Husband Charged With Fatally Stabbing His Wife In Cinnaminson” as reported by CBS news, detailed how 83-year-old William Coggins had been formerly charged with murder in the violent death of his 81-year-old wife, Laura Coggins. According to the Burlington County Prosecutor’s Office, Cinnaminson Police were called to the 55-and-over community on the morning of November 4th, after the husband’s brother discovered the lifeless body of Laura Coggins fully clothed in her bathroom with multiple knife wounds. An autopsy later performed confirmed that Laura Coggins’ death was a homicide and a result of the multiple stab and slash wounds she sustained. William Coggins, whose bail has been set at $500,000, with a court ordered psychiatric evaluation as a condition of his bail, was taken to a local area hospital for treatment before being taken into police custody. Mr. Coggins was treated for self-inflicted wounds, which were deemed as a result of an apparent suicide attempt. Two of Coggins’ neighbors in the 55-and-over community, days after news broke of the homicide were shocked. They described Laura Coggins as “one of the nicest people you would ever meet.” Further stating that Laura lived in the home with her husband and that the couple were “very private.”

Elder domestic violence can happen to anyone, regardless of race, gender, ethnicity, sexual orientation, socio-economics, and culture. Isolation in particular can become the breeding ground for abuse in older couples. According to the Center for Disease Control and Prevention, somewhere between 1 and 2 million residents in the United States aged 65 and older have been abused, neglected, or exploited by a person with whom they depend on for care or protection. Even with such a staggering number of instances of abuse in older Americans, reports to police and other social services remains minimal. The largest cited reason to not report is the coupled fear that 1) financially the older American cannot sustain their quality of life on their own, and 2) that by the victim reporting the abuse, they believe it will lead to them no longer being able to live in their own home, further stripping them of their freedoms that they currently enjoy.

Another added wrinkle to elder domestic violence is that typically loved ones are the perpetrators. Nine out of ten of the substantiated incidents reported to Adult Protective Services, were caused by family members. In the instances of abuse reported to Adult Protective Services, the perpetrators were spouses or former spouses, domestic partners, adult children, and extended family, with just a slim margin being committed by hired caregivers. Typically domestic violence studies stop short of including couples who are over the age of forty-five, which makes getting a clear picture of the problem all that more difficult. A 2007 study by the American Bar Association entitled “Elder Abuse and Domestic Violence in Later Life,” found that elder abuse statistics are alarming. The study held that 84 percent of elder abuse cases are never reported, and as many as 5 million older Americans are abused each year in the United States. Without a legislative push for change in elder abuse laws, the number of older Americans suffering abuse at the hand of a loved one, is set to steadily rise. By the year 2050, a historic change will occur when for the first time in history there will be a greater number of older people on earth than children.

The Philadelphia based law firm of Rosenbaum and Associates works closely with victims of nursing home abuse in order to help residents regain their quality of life and restitution for their injuries. However, not all-elder abuse occurs in a nursing home or long-term facility. The National Institute of Justice, in their June 2013 research brief, found that the vast majority of older Americans choose to reside in their domestic settings, with only about 3 percent residing in nursing homes or long-term care facilities. Accordingly, 89 percent of elder abuse reported to Adult Protective Services occurs in domestic settings. Elder abuse can go undetected for longer periods of time as protective social networks; such as school or work, is no longer part of an older American’s everyday life. Much like law can help shape society, so to can society help shape the law.

It speaks volumes the fact that it is incredibly difficult to track down an accurate and updated statistic involving domestic violence in later life, yet it takes less than a minute to find statistics on child or domestic violence rates on both a state and federal level in the United States. Elder abuse lacks a national data collection system and reporting requirements, much like it lacks a definitive definition, and agreed upon statistics. Elder domestic violence is routinely seen as an “invisible” problem, often falling short of the “moral panic” with regard to the broader approach to combating family violence. With out a demand for change little can be done to help curb the systematic abuse of our older Americans. Some believe that apathy and negative attitudes towards “cotton tops” are simply the byproduct of societal and media enforced ageism. Regardless of the root of the cause, we all age, and we all deserve protection.
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While the most frequent type of abuse and neglect reported in older patients tends to be physical abuse, the majority of mistreatment involves neglect or quality-of-life issues. When a caregiver fails to properly tend to a patient an infectious disease can set in. Infectious diseases account for one third of all deaths in people 65 years and older. Despite advances in antibiotic therapies, infectious diseases continue to be a major cause of death in older adults. Further frustrating the matter is that infections do not present themselves the same way in older patients. Nonspecific complaints and subtle changes in their cognitive impairments, as well as weight loss, are some of the signs indicating that an infection has set in older adults. The role of a caregiver is all that more important in tracking any physical and mental changes in their patients. It is not uncommon for a patient to form an infection especially when a catheter is being used, as was the case in Schoemaker v. Ganon, et al.

In October 2008, the plaintiff Shannon Schoemaker was receiving at home care serviced by defendants Concordia Hospital, Inc., and their agents. On October 13, 2008, Ms. Schoemaker was being fed through an indwelling catheter, the nurse attending to her, nurse Yapp, indicated that there were signs of redness at the site of the catheter. Despite the increase in infectious caused by a catheter and that Ms. Schoemaker exhibited early signs of a possible infection, nurse Yapp failed to take any further steps. There were no plans in place for a follow up even though Ms. Schoemaker displayed signs of a catheter-related line infection. In fact the nurse had no intention of checking on Ms. Schoemaker until eight days later. Two days after nurse Yapp indicated redness at the site of the catheter, Ms. Schoemaker called Concordia Hospital, Inc. Hospital Home Care as Ms. Schoemaker had developed an infection that progressed and rapidly worsened. When Nurse Yapp returned Ms. Schoemaker was in acute respiratory distress with mottled lower legs, purple nail beds, lips, and nose. Ms. Schoemaker was hospitalized for forty-two days and had multiple surgeries where both of her legs were amputated, as well as the tip of her nose, and her left pinky finger.

Before the Court of Common Pleas in Lehigh County the jury rendered a verdict in favor of Ms. Schoemaker where they found the defendants liable. The jury awarded a $23 million in damages to Ms. Schoemaker. While defense argued that the harm Ms. Schoemaker suffered was not causally connected to the infection at her catheter site, the jury concluded that the plaintiff was not contributorily negligent. This verdict is among the highest ever for a medical malpractice case in Lehigh County and among the highest in all of Pennsylvania. It goes to prove the importance of a quality caretaker, and how their decisions and the quality of care rendered can have life or death consequences for elder patients in their care.
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Picture for a moment the life you built, saved, and diligently worked for, being stripped away from you at a time when you are unable to fight for yourself. That is what is occurring to millions of older Americans every year. Statistics vary from one in ten older Americans a year being abused, approximately a little over 4 million, to almost 11 percent or 5.7 million. Elder abuse includes physical, emotional, and sexual abuse, as well as, self neglect, and financial exploitation. Often times these patterns of abuse are at the hand of a relative, loved one, or a trusted caregiver or institution. As was true for the actor Mikey Rooney an outspoken advocate of senior rights. On March 2, 2011, Mikey Rooney appeared before a special U.S. Senate committee considering legislation to curb elder abuse. Before the panel, then 90 year old Mikey Rooney claimed he had suffered elder abuse when he was denied basic necessities such as food and medicine, and was financially, verbally, emotionally, and psychologically, tormented at the hands of a stepson and his wife. As ominous as it may sound, everyone must protect themselves and their loved ones from people who prey on our older Americans.

According to the 2010 U.S. Census, the nation’s older population is growing and is only projected to further expand as “baby boomers” begin to reach the age of older adults. Pennsylvania has the fourth largest population of older citizens comprising approximately 21.4 percent of the population, or about 2.7 million individuals over the age of 60, with another 2.4 percent over the age of 85. The Pennsylvania State Plan on Aging (“The Report”), is a report released every four years as dictated by federal and state law in order for the commonwealth to receive federal funding under the Older American Act of 1965. The Report estimates that a rapid growth in Pennsylvania’s older adult population is slated to reach an epic high by 2030. At which time, another 22.2 percent of the state’s population approximately 2.8 million people, who currently fall into the age bracket of 45 to 59 will become incorporated in the older population increase.

The impact of the recent economic recession has greatly affected the surge in reports of abuse, neglect, abandonment, and financial exploitations of Pennsylvania’s older population. Individuals in need of older adult protective services have grown exponentially. In 2011-2012 nearly 18,000 adults in Pennsylvania were in need of older adult protective services, that is a 17 percent increase from the previous year. Much like we check on our elderly neighbors when a heat wave strikes, so to should we speak up if we see any signs of elder abuse. If you believe there was an instance of elder abuse please at your earliest convenience contact the nursing home experts and personal injury attorneys at Rosenbaum and Associates for a free consultation. According to the SeniorLAW Center, victims of elder abuse, neglect, and financial exploitation, have three times the risk of dying prematurely. Typically the signs and symptoms may include, bruises or broken bones, dramatic weight loss, confusion due to malnutrition, medications, or an acute illness. Changes in the older adults behavior such as being withdrawn, signing over their house to a relative, or withdrawing large sums of money from a saving account, are all suspect. The Department of Aging’s elder abuse hotline 1 (800) 490-8505, is available 24 hours a day, 7 days a week, for any person who believes that an older adult is being abused, neglected, exploited, or abandoned.
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Unfortunately, there are people who willingly take advantage of the elderly people in our lives. You may discover that an elderly member of your family has signed a document which appears to eliminate the possibility of bringing a claim for injuries they suffered. That was the case in Philadelphia, where the executor of the estate of Richard MacPherson sought to bring an action for the abuse and neglect Richard suffered while a resident at several hospitals and nursing home facilities.

The defendant health care facilities sought to introduce an arbitration agreement signed by Richard that would have forced his executor into arbitration and set the terms of the arbitration instead of being allowed to file a complaint in Common Pleas Court. The agreement Richard had signed required, among other things, that whoever lose in arbitration pay attorneys’ fees and costs, arbitration costs be divided equally, there be no jury trial and that there be a very limited right to appeal the arbitration decision.

The defendants relied on a case called Williams v. Penn Center Rehabilitation and Care, when they claimed that the executor could not file a case and must comply with the terms of the arbitration agreement. There, Mr. Williams testified during a deposition and stated that he understood the process and knew what he was signing when he signed it. In Richard’s case, however, he had lost more than twenty pounds in a matter of two months. He was incontinent and entirely reliant on facility staff. His body was covered in blisters, scar wounds, necrotic tissue and lesions. Richard also suffered from various medical maladies including chronic obstructive pulmonary disease, congestive heart failure, depression, Hepatitis C, diabetes and substance abuse. Richard had passed away before this case was filed and therefore could not testify at a deposition regarding his understanding of the arbitration agreement he had signed. Further, defendants’ representative who had presented the paperwork to him had no recollection of her conversation with Richard.

Agreements are found to be “procedurally unconscionable” and therefore void when there is a lack of meaningful choice by the weaker party in accepting the terms of the agreement. In finding that this agreement was indeed unconscionable and void the Court here relied on the fact that Richard had no ability to negotiate the terms of the agreement. He signed the agreement on the same day it was presented to him and would not have had an opportunity to review it or discuss it with an attorney or others.

Therefore, due to factors such as the degree of Richard’s illness, the fact that the agreement strongly favored the defendants, the inability to obtain testimony from Richard regarding his understanding of the agreement and Richard’s inability to negotiate the terms of the contract because of how quickly it was presented and signed, the Court found that the agreement was void and allowed the executor to move forward with his case. Depending on the circumstances surrounding an elderly person’s signing of a document it might not actually be binding.

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The Administrative Office of Pennsylvania Courts (AOPC ) announced the establishment of the Elder Law Task Force formed by the Pennsylvania Supreme Court to investigate the increasing troubles regarding abuse, neglect, guardianship and the access senior citizens have to justice. Justice Debra Todd is chairing the task force, which will recommend possible legislation, amended laws, training and best practices. The task force has one year to finalize their study.

Supreme Court Chief Justice Ronald Castille said that Pennsylvania’s older population has significantly increased and as it grows, it is straining the ability of courts to provide services to protect elderly Pennsylvanians. He further stated that the requirements of the elderly will last for years, especially with regard to elder abuse, guardianships and their access to legal recourse. He said that it is time to guarantee that older Pennsylvania citizens will not suffer abuse or the loss of their savings.

Justice Todd has said that our society focuses on child abuse, but rarely addresses the abuse of the elderly. The force is hoping to put new laws into effect before the elderly population swells even more because with more elderly citizens comes more elderly abuse. Nowadays the number of people in the United States who are over 65 years old is greater numerically and proportionately than it has ever been, according to the U.S. Census Bureau. Pennsylvania is only exceeded by three other states in terms of elderly population density.

The AOPC gave three instances of elder abuse that would be addressed by the task force. One example was a 64-year-old man from Lancaster who relied on his personal care aide to fix his meals, bathe and dress him because he only had one leg. The police said that the aide neglected the man so severely that the amputee developed skin ulcers that reached the entire way to the man’s bone. Due to the extensive wounds, he lost his other leg.

Another example dealt with a Bucks County woman enlisted a neighbor to handle her personal finances since she was entering a nursing home. The neighbor squandered her savings on casino trips, jewelry, posh vacations and golf outings rather than paying her bills. The man has been charged with five felony theft charges.

The National Institute of Justice recently funded a study that reported that in 2009 eleven percent of folks over the age of 60 were the victims of senior abuse. Justice Todd said that at least the two previous cases had been reported. Todd said the U.S. Administration of Aging’s National Center on Elder Abuse reported recently that for every one reported case, it’s estimated that there are five unreported cases. Justice Todd called that statistic shameful and insisted that Pennsylvania can do a better job protecting seniors from abuse and neglect.

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Abuse in nursing homes is a hot button topic. When our elderly relatives and friends reach a point in their lives when they require assisted living or hospitalization, we expect them to have the best care available. However, nursing home residents are routinely mistreated by the people we entrust to take care of them. Frequently, patients will not mention abuse they may be suffering, so it’s important for you to know what constitutes nursing home abuse and how to identify it. Some reports say that for every case of nursing home abuse that’s reported, there are five cases that are not reported.

Nursing home abuse come sin three forms: neglect, emotional and physical. General, easy-to-spot signs of these types of abuse include:

• Unexplained injuries like bruises, cuts and sores.
• Infections, rashes, rapid weight loss, dehydration and unsanitary conditions.
• Unusual behavior patterns, depression, irritation and isolation.

Neglect is the deprivation of care for a resident of a nursing home. Some examples of neglect are failure to feed, refusing to medicate, refusing to aid with a resident’s personal hygiene, failure to provide necessary medical care or failure to protect the resident from hazardous conditions like a wet floor or slippery sidewalk. Noticeable symptoms would be lice, bad breath or dirty bedding.

Emotional Abuse
Emotional abuse is harder to detect than physical abuse or neglect, however, emotional abuse can be as harmful to a resident as any type of abuse. Examples of emotional abuse are humiliation, verbal threats or insulting language. Basically, any behavior that causes the resident fear or emotional pain is a form of emotional abuse. Symptoms that a resident has been emotionally abused include:

• Withdrawal from social settings.
• Refusal to speak or answer questions • Agitation or extreme depression • Compulsive behavior like thumb sucking, rocking and mumbling
Physical Abuse
Physical abuse is the easiest type of nursing home abuse to see. Examples of physical abuse are rape, failure to feed a resident, striking a resident, too much physical restraint or improperly medicating the resident. There are numerous symptoms of physical abuse.

• Ripped clothing • Broken eyeglasses • Bruises • Cuts • Burns
Rape is a heinous form of physical abuse. Sexual abuse includes inappropriate touching, rape, forcing a resident to pose for pornographic photos or videos, or exposing a resident to pornographic material. Symptoms of sexual abuse include bruises in the genital area, torn or bloodied underwear, bleeding from the vagina or anus, or the unexplainable occurrence of sexually transmitted diseases. Beware of caregivers who insist on overseeing a resident’s time with loves ones. They could be making sure the resident doesn’t report them for abuse.

Nursing home abuse is the result of an overworked or an under-trained, underpaid staff. Poor vetting of employees and inadequate personnel can also cause nursing home abuse.

If you suspect abuse, talk to the nurses and doctors at the facility. Try to vary your visitation schedule. If you see symptoms of nursing home abuse, file a report.

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The 911 call was replayed on all the major television news programs after it was released by the Bakersfield Fire Department. A Bakersfield nurse working at a central California retirement home repeatedly refused to give CPR to an 87 year old patient. The patient died as a result of the nurse’s refusal to administer aid.

Throughout the distress call, the 911 dispatcher, Tracey Halvorson, urged the nurse to give the collapsed patient the most minimal CPR to keep her breathing until an ambulance could arrive at Glenwood Gardens. The dispatcher asked the nurse, “Is there anybody that’s willing to help this lady and not let her die?”

The nurse’s answer was hard to believe. She said, “Not at this time.” The nurse refused to give her name. She claimed that the nursing facility’s patient policy prevented her from either giving the CPR herself or even finding another nurse or bystander to do it. The dispatcher tried to get the nurse to summon paramedics at the nursing home to administer the CPR to the patient who had collapsed in the dining room. The dispatcher even asked the nurse to find another resident, a gardener or even a bystander who did not work at the home to help the stricken patient. Halvorson could be heard asking “Can we flag someone down in the street and get them to help this lady? Can we flag a stranger down? I bet a stranger would help her.”

After the ambulance arrived, the patient was transferred to Mercy Southwest Hospital, where she was later declared dead. As a medical malpractice attorney, it’s hard for me to believe that a retirement home had a permanent policy denying treatment to residents who are suffering an emergency and are struggling to stay alive. Nursing homes are meant to be secure places for the elderly and infirm to spend their golden years in comfort and safety. But when their very policies prevent administering the most basic type of CPR resuscitation, it makes me wonder whom the nurse was protecting–the nursing home or the patient. It’s clear her loyalties were not divided.

Jeffrey Toomer, the executive director of Glenwood Gardens, said the nurse followed the home’s policy and did nothing wrong. In a written statement, Toomer said, “In the event of a health emergency at this independent living community our practice is to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. That is the protocol we followed.” Toomer did say that the retirement home would conduct an internal review of the incident. For what it’s worth, he also apologized to the victim’s family.

Toomer said all residents of the retirement home are advised of the policy before they move into the home. He said that the adjacent assisted living and skilled nursing facility does not follow the same guidelines.