Representative Nursing Home and MH/MR Cases
At Maloney and Maloney we believe that nursing homes and MHMR facilities need to learn that it will be more expensive for them to pay lawsuit settlements and verdicts than to simply put their resources properly into patient care in the first place. We want to show nursing homes and MHMR facilities that every time they suck huge "home office fees" and exorbitant profits out of the nursing homes and into the pockets of large corporations and greedy businessmen that they would have been better off sharing some of that money with the daily operations of the nursing home and care of the patients. We want owners of nursing homes to pay better wages and hire more staff; we want the owners and managers of nursing homes to properly supervise the hiring process and the retention process of employees so that the law is followed and people with serious criminal histories are not allowed to be caring for fragile elderly or retarded persons.
Some of the cases we have handled that are representative of the terrible abuses that can occur in care facilities are set forth below:
Thirty-two year old quadriplegic aphasic woman was six months pregnant at Manor Care Babcock and had been raped repeatedly by different staff working at the nursing home.
A seventy-two year old virgin, mentally retarded woman was brutally sodomized twice by a male employee at San Antonio Convalescent Center. The employee had prior felonies and sex crimes in his criminal history. The nursing home covered up the rapes and did not send the victim to the hospital. The assailant has confessed and is now in jail.
An elderly Alzheimers resident tortured at night by psychopathic aide at Linwood Place. The family continued to notice unexplained bruising in odd places even though they spent all day with the resident. The first night a hidden video camera was placed by the family in the resident's room, it revealed a variety of acts of torture by a staff person working for the nursing home.
Two women, one in a coma and one completely incapacitated, on the same hallway came down with the same venereal disease, HPV genital warts, at Crestway Care Center. Approximately 50% of the males working at the facility at the time had criminal histories, some extremely serious.
A woman four days short of her 96th birthday was sexually assaulted by a young staff person working at Alamo Heights Health and Rehabilitation Center. The assailant was caught in the act and is currently in jail.
An elderly resident was allowed to remain outside in the patio for several hours at Guadalupe Valley Nursing Center. She sustained massive sunburn and hundreds of fire ant bites. Both legs were amputated as a result.
A feeding tube was reinserted inappropriately at Morningside Manor so that feedings did not go into the stomach but rather into the abdominal cavity of an elderly resident. He writhed in pain for many hours with profoundly abnormal vital signs yet he was never taken to the hospital. He expired many hours later.
A subdural hematoma developed in resident after she fell at Pearsall Manor and the doctor and family were not timely contacted. She was not transported to a hospital until she had sustained permanent brain injury.
An aide at San Pedro Manor attempted to murder a resident from whom she had stolen money (forged and cashed checks on the resident’s bank account to the tune of almost $8,000.) The resident was cognitively intact and fortunately able to fight off the assailant. In the ensuing hours the staff at the facility lied to the police and attempted to cover up the incident.
The leg of a resident at Manor Care Windcrest was allowed to rest on a heating unit until a third degree burn was inflicted, and a cover up of the incident ensued. Rather than obtaining appropriate care for the burn, the facility instead convinced the family to place their loved one in Heartland Hospice, a wholly owned company of Manor Care, which resulted in increased revenues to Manor care even though the patient was not a proper candidate for hospice.
At Retama Manor North a resident was cared for by a nurse practitioner who was not properly supervised by a physician. The nurse practitioner, employed by HealthEssentials Solutions Inc., after taking the insulin dependent resident off her insulin and rendering her highly unstable, ceased caring for the resident when her company was advised the payor source was not Medicare. The resident was not monitored, developed a 1300 blood sugar, and died.
Numerous cases of elderly individuals beaten and bruised by under-trained, overworked or anti-social staff members.
Numerous cases of severe decubitis ulcers (bed sores) often leading to sepsis and death.
Numerous cases of improperly supervised premises where residents wander off the premises and are found later dying or dead blocks or miles from the facility.
Numerous cases of inappropriate or insufficient medical and nursing care leading to dehydration, pneumonia, medications not administered for serious conditions such as heart disease and diabetes, broken limbs not diagnosed, bowel obstruction not diagnosed, etc.
Resident struck by direct care provider who had not received PMAB training at Skyview Living Centers of San Antonio. Staff with drug histories and criminal histories were permitted to care for mentally handicapped residents. Resident suffered fracture to orbital orb, lacerations to eye and permanent visual sequelae.
Profoundly mentally retarded woman subjected to sexual abuse at Skyview Living Centers of San Antonio. Adequate safeguards were not in place to protect her.
This is not an exhaustive list of the types of injuries and damages we see in cases we handle against negligent extended care facilities and MHMR facilities, but sets out a few examples of some of the appalling care we have challenged.
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