Let us introduce ourselves.
We are a law firm whose primary focus is representing victims of nursing home abuse. Our goal is to provide individual, personalized, and specialized representation in this most important area of the law. We do so through the prosecution of cases on behalf of nursing home residents and their families.
We welcome associations from other lawyers. We stand ready to assist you and your clients in reaching the best result for victims of nursing home abuse. Please call us toll free at 1-866-315-7758. Also, visit our website at http://www.nursinghomeneglectlawsuit.com.
On The Homefront
Legislative Happenings in Arkansas
The 2005 Session of the Arkansas Legislature produced a mixed bag of laws for nursing home residents and their families. The new laws include the following:
Act 1423, which is codified at Ark. Code Ann. 17-87-200 et. seq., allows CNAs to assist in administering "certain nonprescription and legend drugs in designated facilities." My understanding is that this bill was fiercely opposed by nursing and nursing home rights advocates based on the rationale that administration of any medicines by minimally trained individuals could potentially endanger nursing home residents.
A positive step forward in the recognition of the needs of dementia patients is represented in Act 1184. Many of you will recognize this law by virtue of one of its primary proponents, University of Arkansas Athletic Director, Frank Broyles. Based in part on Mr. Broyles' firsthand experience in dealing with this problem, the legislature increased by 15 hours the minimum training requirement for CNAs. The additional 15 hours will be devoted to training in assisting Alzheimer patients.
The one that got away this session was the so-called "granny cam" bill. House Bill 1392, also known as the "Willie Mae Ryan Patient Protection Act," would have allowed residents or their families to set up video surveillance cameras in resident rooms. Ultimately, the Arkansas Advocates for Nursing Home Residents and other resident advocacy groups withdrew their support for the bill. One of the reasons for this decision was a proposed amendment to the bill by the nursing home owners lobby which would not have allowed the use of a tape in litigation unless the nursing home wanted to use it. As well as raising the concern of those seeking to protect nursing home residents, the amendment also prompted concern among certain legislators who apparently found the change repugnant to their senses of justice. Ultimately, the bill died in the Senate.
From the Court
"There was evidence that Rose Care was chronically understaffed and had ignored CNA complaints on the matter; that rewards were offered for facilities that kept within budget constraints; that Rose Care would "pull" a maintenance man onto the floor as staff during inspections; that Mrs. Givens lost a troubling amount of weight in a short time and that her charts did not properly reflect her feeding schedule; that Mrs. Givens was dehydrated three times within a few months and that her fluid-intake/output chart contained readings for days that she was not on the premises; that Mrs. Givens's pressure sores increased in severity alarmingly over several months even though, according to one expert, they should clearly have been cured at the less severe stages; that Rose Care had been cited for failure to turn and reposition residents every two hours as required; that Mrs. Givens was found on several occasions covered in dried feces, which indicates an appalling level of neglect; and that all of these conditions occurred despite the fact that, in its initial care plan, Rose Care established that Mrs. Givens was at risk for many of these very conditions. These factors constitute "any substantial evidence" of reckless disregard, such that a directed verdict on punitive damages was improper. We therefore reverse and remand for a new trial on the issue of punitive damages."
Source: Arkansas Democrat-Gazett
Federal Legislation
While nursing home advocates await any efforts in Washington, D.C., to negatively impact the rights of nursing home residents to be protected from neglect and abuse, federal mandates from Medicare and Medicaid will require certain nursing homes to install smoke detectors in patient rooms by next year. This regulation, prompted by fatal fires in nursing homes in other states, will affect approximately half of Arkansas nursing homes.
Source: Arkansas Democrat-Gazett
At this date, it is unclear what proposed Medicaid cuts may take place. One thing is clear however: cuts in Medicaid will put nursing home residents at risk since a large percent of residents are Medicaid beneficiaries.
The spectre of tort reform also is ever present. Although most people think about doctors and hospitals only in the context of reform, most proposed legislation would include nursing homes as well. The significance of this movement to nursing home residents is ominous. In fact, inclusion of nursing home abuse cases in a sweeping tort reform which places an arbitrary cap on non-economic damages could, in effect, lock the courthouse door to some of our most weak and vulnerable citizens. For an excellent and thoughtful discussion of this topic, I would strongly suggest the recent article, "Medical Malpractice Reform: How it Would Affect Nursing Home Residents and Why Congress Should Oppose It" from the National Citizens' Coalition for Nursing Home Reform (NCCNHR).
Other News
On Thursday, May 19, 2005, a second mistrial was declared in the case of Gayla Smith Wilson. Ms. Wilson, a CNA, had been charged with capital murder in the brass knuckles beating death of Willie Mae Ryan, an 81 year old nursing home resident at the Dallas County Nursing Home in Fordyce. Following the failure of the jury in the second trial to reach a verdict, the state dismissed the charges against Ms. Williams. A second aide, Shermika Rainey, pleaded guilty to conspiracy to commit murder and received a 30 year prison sentence.
Source: Arkansas Democrat-Gazette
In Our Office…
I have been fortunate to attend a number of seminars recently which are always helpful in keeping up to date and educated on matters geared toward the representation of nursing home residents and their families. They include:
- Nursing Home Negligence, presented by ATLA, Springdale, AR, October 29, 2004
- Juror Bias in Nursing Home Litigation Telephone Seminar, presented by ATLA, February 8, 2005
- Litigating Nursing Home Cases presented by ATLA, Fort Lauderdale, FL
March 19-20, 2005 - Nursing Home Cases: Proving Your Case Through Effective Presentation Telephone Conference, presented by ATLA, April 7, 2005
- Punitive Damages in Nursing Home Litigation Telephone Seminar, presented by ATLA, June 9, 2005
Parting Words
In a world in which government at the highest levels is willing to rally to preserve the life of one of God's creation, Terri Schiavo, at seemingly any cost, it seems ironic that those same voices are the ones who are quickest to condone laws that would render the lives of the frail and elderly as essentially worthless. This simply should not be and we, as protectors of the weak, cannot allow this to happen.
"PURE AND UNDEFILED RELIGION BEFORE GOD AND THE FATHER IS THIS: TO VISIT ORPHANS AND WIDOWS IN THEIR TROUBLE…" —James 1:27
"Part of ushering in the responsibility era, which I talk a lot about, is for folks to understand the preciousness of life. It is not only life for the unborn, it is life for the elderly…" —George W. Bush, November 21, 1999
As a child growing up in rural north central Arkansas, I can remember being dragged to various nursing homes to visit relatives. I did not want to go. It was easier to look the other way. To forget those people.
We cannot abide this attitude in our world today. We must take a stand.
