Nursing Home Abuse Advocate : Idaho Nursing Home Abuse Lawyers & Attorneys : Kormanik Hallam & Sneed Law Firm : ID Assisted Living Neglect, Nursing Home Injuries : Boise, Nampa, Caldwell

The Lexington Herald Leader (Kentucky) is reporting on a proposed law which would require the coroner whenever a resident passes away. The thought behind the law is pretty simple: If a coroner is called, it is much more likely deaths which result from abuse and neglect will be discovered and appropriately prosecuted. Seems to make sense, doesn't it?

After reading this article, I researched Idaho law to see if we were ahead of Kentucky. Much to my chagrin, Idaho is not. In the State of Idaho, there are only three instances which mandate a corner be called to the scene of a death: (1) death occurring as a result of violence; (2) death occurred under suspicious or unexplainable circumstances; and (3) the death of a child in certain circumstances. Of course, in any case where a coroner is required to be called, the scene must be preserved in order to allow the recovery of evidence.

I have to wonder, if Idaho was to amend the law to mandate a coroner be called in the event of a nursing home resident's death, would more nursing home abuse and neglect be discovered? The answer is virtually certain to be "yes." 

If this subject interests you, I urge you to contact your state legislator to discuss it with them. Rest assured, I will be doing the same in advance of the 2011 legislative session. 

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In an alarming article in the Seattle Times, Michael J. Berens reported that "over the past five years, at least 357 of the adult family homes in [Washington] have concealed cases of abuse or neglect of their residents. Many of those cases involved serious injury or death." Mr. Berens' report tells the story of Audrey Hopkins, "a stroke-and emphysema-hobbled 68-year-old who had lived in the TLC Adult Family Home for six months at the time of the March 2007" event where she was badly burned. It seems Ms. Hopkins was smoking a cigarette which set fire to the oxygen delivery system she was utilizing. The problem according to the article: Ms. Hopkins would have been physically incapable of lighting her own cigarette. Additionally, it was later discovered the staff had lied to investigators concerning how Ms. Hopkins obtained her cigarette, lit it, and the fact she was on oxygen at the time.

In Idaho, we have similar facilities known as "Certified Family Homes" which provide a family-styled living environment in which 2 or fewer adults live who are not able to reside in their own home and who require care, help in daily living, protection and security, supervision, personal assistance and encouragement toward independence. Residents of such "family homes" have many of the same rights as those who reside in assisted living facilities and nursing homes. These homes are regulated by the Idaho Department of Health and Welfare.

Let's hope the IDHW is doing a better job policing Idaho's certified family homes than the State of Washington is. You cannot count on that fact in these difficult economic times. It is up to you to research any facility to which you are going to trust your care or the care of a loved one. 

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Back in January 2010, I wrote about the tragic death of Verda Nicks. Recall, Ms. Nicks was found because of the actions of a friend who was unable to get hold of Ms. Nicks. Unfortunately, Ms. Nicks was found emaciated and immobile on a urine-soaked bed in a house filled with feces, files and an unbearable stench. She died about six weeks later. Ms. Nicks' adult sons, David and Danny Nicks were charged by the Canyon County Prosecutor with felony criminal neglect in their care of their mother. The brothers were to be tried separately.

According to Kristen Rodine's article in the Idaho Statesman, on May 5, 2010, David Nicks was found guilty. According to the Statesman, David Nicks' attorney, Bill Schwartz  did not call any witnesses for the defense during the two-day trial. Instead, Mr. Schwartz argued his client was not a "caretaker" and, thus, not responsible for the conditions, which he admitted were terrible. The jury didn't buy it and took less than 2 hours to deliberate and reach their unanimous guilty verdict. David Nicks plans to appeal.

Now it is Danny Nicks' turn. His trial is to begin on Monday, May 24, 2010. Mr. Schwartz is also Danny's defense attorney. Stay tuned for the result of this case. 

Although there has been a conviction in this matter, Ms. Nicks' death remains a tragic tale. It also serves as a reminder to all of us to check on our elderly neighbors and friends to make certain they are well. Who knows, perhaps Ms. Nicks' life could have been saved if the authorities had been notified sooner.

UPDATE - According to a story on KTVB.com, Danny Nicks has pled guilty to one count of felony neglect. Mr. Nicks' guilty plea came on the second day of his second trial. His first trial resulted in a mistrial due to a deadlocked jury. The story indicates appeals of the convictions will follow. I will keep you posted on the appeals; such things, however, take quite a bit of time.

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As a resident of a nursing home or assisted living facility, there are many things you rely upon the facility to help you with. One of the most important, perhaps, is the administration of prescription or over-the-counter medications. If the facility gives you the wrong medication, the consequences can be dire, even fatal.

In an article posted today, KSAX, an ABC affiliate in Minnesota, reports on such a medication error. According to reporter Megan Matthews, the facility gave another's medication to a resident. The result was death. According to the CEO of Fair Oaks Lodge, Mr. Joel Beiswenger, the medication error and resulting death was "just one of those things that happened. Nobody intended to do anything, and it was the human making the tragic error."  a 

Mr. Beiswenger appears to either honestly miss, or simply ignore, an important point: Similar medication errors have occurred no fewer than two other times at the facility. This facts leads me to question whether Mr. Beiswenger or Fair Oaks Lodge have taken adequate steps to find the root cause of such errors. Was the facility adequately staffed for the number and acquity of the residents? Was the staff adequately trained to ensure medications were given only to the proper resident? Were there safeguards in place to prevent a medication error which led to a resident's death?

If you are a resident of a nursing home or assisted living facility, make sure the medications you receive are, in fact, your own. Make sure you receive them in the correct dosages at the proper times. The life you save may be your own. If you are the family member of a nursing home or assisted living facility resident, make sure the facility takes adequate precautions to prevent medication errors. Such medication errors can and do occur and, as demonstrated by the incident at Fair Oaks Lodge, the results can be catastrophic.

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In a previous post entitled "Yes, Elder Abuse Happens...Even In Idaho," I relayed the story of Verda Nicks and her untimely and tragic death. Ms. Nicks' twin sons, age 55, are charged with felonies alleging they subjected Ms. Nicks to abuse and neglect.

The day after my post, the Idaho AARP issued a press release letting all of us know the signs of Elder Abuse. The AARP's list contains important information for you to be aware of. According to the AARP, the following are signs of elder abuse:

• Unexplained bruises or other injuries.
• Sudden change in behavior.
• Caregiver's refusal to allow visitors.
• Elder is extremely upset, withdrawn, unresponsive; other unusual behavior.
• Dehydration, malnutrition, untreated bed sores, weight loss.
• Unattended health problems or lack of necessary aids, such as eyeglasses or dentures.
• Unsanitary living conditions (lice, soiled bedding).
• Inadequate clothing; no heat or running water.
• Unexplained bank withdrawals, unauthorized use of a credit or ATM card, stolen or "misplaced" cards or checkbook.
• Checks written as a "loan" or "gift."
• Abrupt changes in a will or other documents.

These warning signs apply whether an elderly person is in the community, an assisted living facility or a nursing home.

If you observe any of these warning signs, or if your "gut" tells you an elderly family member, friend or neighbor is being abused, you should call Adult Protective Services at (877) 471-2777 and the local police; in an emergency, call 911.  If you observe the signs in an assisted living facility or nursing home, report your concerns immediately to the facility's management and call the Idaho Ombusdman at (208) 334-3833.

Of course, you will not see any of these warning signs if you do not take the time to check in on an elderly family member, friend or neighbor. I know we are all busy but, honestly, are we so busy that we do not have a few moments to pick up the phone and place a call or walk to an elderly neighbor's house to check on them? We have all heard the expression "it takes a village to raise a child." In fact, it also takes a village to ensure our elderly citizens are properly cared for and not subject to abuse and neglect. Take the time and make the effort, you could be saving someone's life.

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As part of my work on behalf of nursing home and assisted living facility residents, and in part because of my work on this blog, I am constantly updated on news stories concerning elder, nursing home and assisted living facility abuse. Typically, the stories I read are from such far flung regions as Illinois, Florida and New York. Although I certainly take no pleasure in any of these stories, I am "glad" these tragedies are not occurring in my back yard. Unfortunately, a story in today's Idaho Statesman concerning elder abuse is in my back yard. That the abuse did not occur in a nursing home or assisted living facility matters naught. It is a tragedy.

The story by the Idaho Statesman's Kristin Rodine is about the death of Verda Nicks, who died on December 26, 2009. Six weeks earlier, Ms. Nicks was found in a "garbage-and feces-filled home." She was found because of the caring actions of a friend, who had been unable to contact Ms. Nicks by telephone for several weeks. Although Ms. Nicks told authorities she was caring for herself, the Canyon County Prosecutor, John Bujak, has evidence that Ms. Nicks' twin sons, Danny and David Nicks were, in fact, providing care for their now-deceased mother. Mr. Bujak has charged the sons with felony abuse or neglect of a vulnerable adult, a crime which carries a sentence of up to 10 years in prison and a $25,000.00 fine.

According to the article, and based on information provided by Ms. Nicks' sons, Ms. Nicks had been bedridden for about two years since breaking her hip. This was the second time Ms. Nicks had done so. The first time, she entered a nursing home. Apparently, again according to the sons, Ms. Nicks did not want to go back to the nursing home after she broke her hip the second time.

Under our system of justice, the sons are presumed innocent until proven guilty; this story is just beginning. Whether or not the sons are ever convicted, this story does provide a cautionary tale for those of us with elderly parents. If you parent is injured, make certain you can, in fact, provide the care that is necessary. If you cannot, help them, with input from qualified health care providers, find a facility that meets their needs. There is no shame in admitting you cannot provide the care y our loved one needs.

If the sons are indeed telling the truth when they say Ms. Nicks did not want to return to a nursing home after breaking her hip the second time, this fact also makes me wonder. What kind of experience did Ms. Nicks have during her first nursing home stay that resulted in this thinking? Unfortunately, at this point, we will likely never know.

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