On June 25, 2009 the Santa Barbara Superior Court entered judgment for Plaintiff, Sylvia T Saucedo in the amount of $250,000 plus $773,442, the latter amount payable at the rate of $9,915 per month for 78 months, against the nursing care facility where she lived.
In 2008, a lawsuit was filed in Santa Barbara Superior Court on behalf of resident, Sylvia Saucedo, against California nursing home Mission Terrace, and Cliff View Terrace, for elder abuse, neglect, and suspected record tampering. She was allegedly found with unexplainable, severe injuries. Apparently, this and another lawsuit come after another suit filed the year before against the same facility operator, which also claimed wrongful death and elder abuse.
Allegedly, Ms. Saucedo, who is eighty-two years old, was found to have large bruises on the left side of her face, indicating some kind of a fall. Although her condition was not good, the nursing home kept Ms. Saucedo for two days before finally getting the necessary medical care which came only after the family insisted on it.
The lawsuits claim that the records of the nursing facility were altered because the family was given one version of the records, and the lawyers were given another version. "It is highly suspicious to have 2 versions of the record," Jody Moore, the attorney for the plaintiffs said. "Medical records are supposed to be timely written and accurately record a person's symptoms and condition, as well as the treatment being given. When entries are made in a record days or weeks after the fact, and made to look like they were written contemporaneously, you have to wonder what's really going on." Apparently this was not the only incidence of alleged record tampering. In another lawsuit filed against Mission Terrace by Mr. Pafield, again it was alleged that the records were revised or tampered with after the death of Mr. Pafield in order to conceal problems with the care that was being provided.
According to the Santa Barbara Superior Court website, on June 17, 2009, a jury rendered a special verdict for plaintiff Sylvia T. Saucedo and against defendants Cliff View Terrace, Inc., dba Mission Terrace Convalescent Hospital, Evelina Murphy (administrator of Mission Terrace), and Cynthia Barker (director of nursing at Mission Terrace). The jury also returned with a verdict in favor of defendant Michael Murphy (officer and director of Cliff View). On the negligence claim, the jury found that the negligence of three of the defendants was a substantial factor in causing harm to plaintiff. The jury found that the three liable Defendants committed willful misconduct but found that Sylvia did not prove malice or oppression by clear and convincing evidence. On the elder abuse cause of action, the jury found that the defendants had care or custody of Sylvia; that they failed to use that degree of care that a reasonable person in the same situation would have used caring for Sylvia; and that the conduct of the three liable defendants was a substantial factor in causing Sylvia harm. The jury did not find that Sylvia proved her case by clear and convincing evidence and, specifically, that she did not prove by clear and convincing evidence that anyone acted with malice, oppression or recklessness. The court entered judgment on June 25, 2009 for plaintiff in the amount of $250,000 plus $773,442, the latter amount payable at the rate of $9,915 per month for 78 months. Attorneys fees were also awarded to the Plaintiff.
Nursing home abuse needs to be stopped. When abused victims bring lawsuits which make the defendant facilities pay for their negligence, then these facilities will hopefully act more responsibly in the future. To avoid future lawsuits, these facilities will take more care to supervise their employees, hire better trained employees, pay higher wages to their employees, and generally pay better attention to the conduct of their employees.
You can find out additional information and read more about this subject at http://www.elder-abuse-information.com/news/news_022208_record_tampering.htm, at http://www.prweb.com/releases/2008/01/prweb631941.htm, at the Santa Barbara Superior Court website, http://www.sbcourts.org/tentativeruling/ruledetail.php?RuleID=22560 or at http://www.JodyMooreLaw.com .
Thursday, February 3, 2011
Background Checks Required in Kentucky
A new bill in Kentucky requires criminal background checks for all nursing home employees. State Senator Tom Buford, R-Nicholasville, has filed this bill for criminal background checks. At this time, the state only requires background checks for nursing home and assisted living employees who directly care for residents. The new bill would require that other staff members such as custodians, maintenance, and food service workers be checked as well.
To conduct criminal background checks only on workers who directly care for the residents is not enough. Any employee who has access to the residents in a nursing home should be checked. It is not that difficult to run a background check given the potential for abuse and the time and effort involved to run a background check- clearly everyone who is employed should be checked. Apparently there has been several instances where employees who are not providing direct care to residents, but who are employed in some other capacity in the facility have committed crimes against the residents. For instance, the receptionist at a nursing home in Florida was stealing money from the bank accounts of four nursing home residents. Also, an occupational therapist who worked in a nursing home facility in Louisville was caught in an identify-theft scheme where nearly $100,000 was stolen. Apparently this employee in Louisville had an extensive criminal record; if someone had checked the background, then they would not have hired this person.
Elder abuse in nursing homes is a very serious matter because the resident usually cannot complain about it or is scared to say anything. Therefore, more needs to be done to protect these residents. When you admit a loved one to a nursing home or care facility, they should be treated with care. When you leave your loved one in a licensed facility, with licensed professionals, then there is an expectation that they will do their job right and that the facility has done all it can to make sure their employees are performing their jobs in the best way possible.
Senate Bill 44 provides as follows: (1) No long-term care facility as defined by KRS 216.535(1), nursing pool providing staff to a nursing facility, or assisted-living community shall knowingly employ a person [in a position which involves providing direct services to a resident or client] if that person has been convicted of a felony offense related to theft; abuse or sale of illegal drugs; abuse, neglect, or exploitation of an adult; or a sexual crime.
Read more: http://www.kentucky.com/2011/01/16/1600525/ky-voices-check-backgrounds-of.html#ixzz1BmXzJuOC
To conduct criminal background checks only on workers who directly care for the residents is not enough. Any employee who has access to the residents in a nursing home should be checked. It is not that difficult to run a background check given the potential for abuse and the time and effort involved to run a background check- clearly everyone who is employed should be checked. Apparently there has been several instances where employees who are not providing direct care to residents, but who are employed in some other capacity in the facility have committed crimes against the residents. For instance, the receptionist at a nursing home in Florida was stealing money from the bank accounts of four nursing home residents. Also, an occupational therapist who worked in a nursing home facility in Louisville was caught in an identify-theft scheme where nearly $100,000 was stolen. Apparently this employee in Louisville had an extensive criminal record; if someone had checked the background, then they would not have hired this person.
Elder abuse in nursing homes is a very serious matter because the resident usually cannot complain about it or is scared to say anything. Therefore, more needs to be done to protect these residents. When you admit a loved one to a nursing home or care facility, they should be treated with care. When you leave your loved one in a licensed facility, with licensed professionals, then there is an expectation that they will do their job right and that the facility has done all it can to make sure their employees are performing their jobs in the best way possible.
Senate Bill 44 provides as follows: (1) No long-term care facility as defined by KRS 216.535(1), nursing pool providing staff to a nursing facility, or assisted-living community shall knowingly employ a person [in a position which involves providing direct services to a resident or client] if that person has been convicted of a felony offense related to theft; abuse or sale of illegal drugs; abuse, neglect, or exploitation of an adult; or a sexual crime.
Read more: http://www.kentucky.com/2011/01/16/1600525/ky-voices-check-backgrounds-of.html#ixzz1BmXzJuOC
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