2. Has the resident demonstrated an unexplained dramatic change in condition?  The nursing home is required by law to maintain the resident’s highest quality of life and condition that is practicable.  Unless there is a plausible medical explanation, therefore, the resident should not be experiencing dramatic changes in condition.  If there is a medical explanation, the nursing home staff has a duty to notify the family and explain.  In most instances, a change in condition will require that a physician be notified as well.  If the resident has a dramatic change in condition that is unexplained, this raises a concen for abuse or neglect.

3. Is the resident uncharacteristically sedate, lethargic or unresponsive?  While anti-psychotic medications are often used to ease anxiety or agitation on the part of nursing home residents, they should not be used as “chemical restraints.”  More and more, there is a tendency for nursing home staff and attending physicians to overuse anti-psychotic medications in order to control or subdue difficult residents, rather than addressing the root cause of the difficulty such as a resident’s fear of the new environment, isolation and loneliness or other medical problems.  Where a resident who was previously active and communicative becomes sedate, lethargic or unresponsive, it raises a concern for overmedication.

4.  Has the resident experienced a signficant loss of weight?  A nursing home is required to provide a resident with a diet and supplements adequate to meet the resident’s nutritional needs.  If the resident has difficulty swallowing or has individualized dietary needs, the nursing home must provide the necessary specialized diet or therapy with eating.  If a resident refuses to eat certain types of food, the facility must provide alternatives and nutritional supplements, such as milkshakes, to ensure that the resident’s needs are met.  If there is a concern about a resident’s lack of eating or nutrition, the resident’s weight should be checked regularly to ensure there is no unhealthy weight loss (or gain).  If the resident loses a significant amount of weight over a relatively brief period of time, this raises a concern for abuse or neglect.

5.  Has the resident suffered serious skin breakdown?  The law specifies that a nursing home must prevent skin breakdown in the form of pressure ulcers, unless skin breakdown is unavoidable.  Pressure ulcers occur because a resident is left in one position (either lying or sitting) too long, causing pressure to build to the point where the skin begins to break down.  For residents who require regular assistance with toileting, this problem is compounded when they are left for extended periods of time lying in urine or feces.  Pressure ulcers begin as discolored, reddended skin, but can quickly worsen to open wounds with blackened, decaying flesh and a discernable odor.  If a resident experiences a significant wound of this type without plausible explanation, it raises a concern for abuse or neglect.

DEQUEEN, Ark. – A Court in Sevier County decided today (April 17, 2009) that a family deserved $7 million for the neglect and wrongful death of its patriarch.

It was a record judgment for the county – the previous high was believed to be $1 million -but the family likely will never see any of the money.

“This was a terrible, terrible situation involving a man who was loved by many,” said Little Rock attorney Jeff Priebe, of Wilkes & McHugh, P.A. “Now they have closure, but they may never be compensated for their loss.”

John W. Minor, an 87-year-old DeQueen man, died after officials at a local nursing home neglected him to the point where his body was covered with 35 bedsores. The sores, many in advanced stages and infected, made it impossible to embalm his body when Minor passed away on May 2, 2004.

On Aug. 8, 2005, Minor’s family, including a wife, step-daughters and grandson, filed a lawsuit against the nursing home, Sevier Healthcare Inc., and its management company, Regional Management Inc., for negligence, violation of the Arkansas Long Term Care Resident’s Rights Statute, and wrongful death.

The suit details how Minor, who was admitted to Sevier Healthcare, 1206 West Collin Raye Drive, DeQueen, in August of 2002, also suffered from severe malnutrition, multiple urinary tract infections, pneumonia, severe dehydration leading to kidney failure and more. The injuries, “caused John W. Minor to lose his personal dignity and caused him to suffer extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, emotional trauma, and death,” according to the suit.

The lawsuit alleges the defendants, among many other things, tried to maximize profits by reducing staffing levels below what was needed to provide adequate care to residents. They failed to provide adequate care for Minor, to the point where their actions were “grossly negligent, willful and wanton, outrageous, reckless, malicious,” according to the suit.

The family sought compensatory and punitive damages for medical expenses, pain and suffering, mental anguish, loss of life, and funeral expenses.

In a hearing today (April 17, 2009), the court, after hearing testimony from Minor’s family, ruled for $3.5 million in compensatory damages and $3.5 million in punitive damages.

It is unlikely the family will see any of that money, because the former owner and director of both Sevier and Regional previously filed personal bankruptcy.

Wilkes & McHugh, P.A. attorneys and Minor’s family learned this early in the litigation process, but saw the case through in an effort to bring awareness to the problem of nursing home abuse and neglect in the hopes of preventing others from receiving such horrific treatment, Priebe said.

“I wish that something could be done to help them,” Priebe said of his clients. “It’s not about the money. It’s about letting them have their day in court.”

The facility currently has a new name, is under new ownership and management, and was not involved in this case.

For more information, contact Attorney Benjamin Gideon at Berman & Simmons, 1-800-244-3576 or visit www.bermansimmons.com