NHAAG Member Stories:
The Nightmare of Neglect
and Abuse is Over
But the Trauma Remains
By Richard and Shirley Adams
The horror of terrorist attacks
on September ll, 2001, rings fresh in the minds of the citizens of our
nation. The term "axis of evil" has been used to characterize this vicious
attack coming from without our borders and victimizing the innocent within
our nation. There is an "axis of evil" that operates within our borders
and victimizes truly innocent and helpless individuals. This internal "axis
of evil" operates without restraint largely because of the lack of concern
on the part of those who have not as yet become victims.
Our mothers, Lilah Barnhart,
age 101, and Helen Adams, age 99, were victims along with thousands of
others of the "axis of evil" operating today in a system that we call "Long
Term Healthcare". To our credit as a nation, we have recognized that the
ravages of age, disease or accident can render people incapable of caring
for themselves. As a nation, through our laws, we have recognized the moral
obligation of caring for those who cannot care for themselves. In spite
of the fact that scores of individuals have dedicated themselves, both
in and out of government, to providing care for these victims, the system
that has developed has become corrupted.
When our mothers could no
longer care for themselves, we moved them into our home and cared for them
for five years. When the ravages of Alzheimer's and physical deterioration
made it impossible for us to continue caring for them, it became necessary
to place them in Nursing Homes.
In short order, circumstances
in both nursing homes proved the term "nursing home" to be an oxymoron.
During the five years that Lilah was at Brownsburg Health Care Center and
Helen was at Danville Regional Rehabilitation Center, an Extendicare facility,
they suffered from the failure to provide adequate nutrition and fluids,
inadequate supervision to prevent falls, failure to provide prescribed
ostomy care, falsification of records, and inadequate staffing to provide
for basic needs.
On two occasions when neglect
or abuse resulted in bodily injury, Adult Protective Services refused to
investigate when we requested their help. One of these cases was turned
over to the Board of Health and eventually resulted in citations, but produced
no improvement in care. In the second case, we filed a formal complaint
including pictures of the injuries and other documentation. The Board of
Health stated that the complaint was partially verified, but unsubstantiated.
We were chastised by the Board of Health inspector for taking pictures
of the injuries. Under the Freedom of Information Act we obtained copies
of the inspector's original notes. From those notes it is very obvious
that the whole inspection was in error and a farce. There was no interview
with the principals involved. Statements provided by the Director of Nursing
contained contradictions. The inspector either ignored the contradictions
or failed to read these documents. From our own investigation and information
confidentially volunteered by nursing home personnel, we determined that
another resident probably inflicted the injuries after Lilah and her roommate
were placed in the wrong beds. In addition, Lilah's physical symptoms suggested
that improper medication had been given. There is no record that this complaint
was ever investigated.
Our inquiry with law enforcement
agencies indicates that this kind of neglect or abuse would be readily
investigated by Adult Protective Services and prosecuted if it took place
in an individual's home.
The abuse or neglect of children
and/or failure to report the same is considered to be a felony. The neglect
or abuse of a nursing home resident in many cases is ignored or treated
as a misdemeanor and not prosecuted. It is a disgrace that these cases
are widespread.
During Lilah's first nine
months at the Brownsburg facility, she suffered many falls resulting in
bruising and lacerations. Four of these falls resulted in serious fractures.
Following a compression fracture of the spine, Lilah was no longer ambulatory
as she could only support 50% of her weight. Our pleas to the Nursing Home
Administrator and the Director of Nursing to provide either adequate supervision
or use of a lap-belt restraint were ignored until another fall produced
a broken wrist. This period of time was one of great physical pain and
suffering for Lilah, and great emotional pain and feelings of helplessness
and frustration for us that almost defies description.
Our concept that government
regulatory agencies would hold Long Term Care Corporations responsible
for providing reasonable and prudent care for their residents was shattered
by Lilah's fourth serious fracture, a fracture of the pelvis.
This occurred at 2:00 a.m.
on August 19, 1997, when Lilah was placed on the commode in the bathroom
and left unattended while the aide went to check on a disturbance down
the hall. There was 1 nurse and 1 aide on duty to care for 43 patients.
This was the usual staff-to-patient ratio on the night shift. Existing
facility documentation verified that Lilah's Alzheimer's disease had progressed
to the stage that she did not realize that she could not stand alone. Only
after great difficulty were we permitted to see the written record concerning
this injury. We found that the written record and what we had been told
verbally were contradictory. Having exhausted appeals to the nursing home
administration, we appealed to Adult Protective Services. They refused
to investigate and referred our complaint to the Board of Health. The Board
of Health eventually investigated and placed total responsibility for the
fall on the aide. Thus the Corporation was free of responsibility for providing
necessary and prudent care.
On February 3, 2001, failure
to give reasonable and prudent care manifested itself again by serious,
unexplained injuries to Lilah. Specifically, we noted a severely bruised
left eye, a swollen and enflamed right cheek, and her breathing was irregular,
which was not normal for her. And she was totally unresponsive to touch,
sound and light. A CNA found this condition when she came on duty at 7:00
a.m. We discovered these injuries on a routine visit at 9:45 a.m. that
morning, but had not been notified by the nursing home. These injuries
were disturbing, as Lilah was totally dependent for all care. The nature
of these injuries suggested abuse. Once again we reported this to Adult
Protective Services and once again they refused to investigate. As a result,
we filed a detailed complaint with the Board of Health. The investigation
was a farce. Information given to us later by two CNAs, and our own observation,
leaves little doubt that Lilah's roommate inflicted the injuries, having
been agitated by being placed in Lilah's bed. The roommate also suffered
from dementia and displayed periods of extreme agitation.
Upon being notified on June
14, 2001 by the Medical Practitioner that Lilah's condition was becoming
critical due to dehydration, we began to monitor the situation several
times a day. We discovered that fluids and food were not being given regularly
even though we found that she would take them when offered. Following
our verbal and written complaint to the Director of Nursing, procedures
were changed to insure that Lilah would be offered fluids and food on a
regular basis. Her condition improved. Eight months later, Lilah lost the
ability to swallow and died shortly after reaching the age of 101.
With the exception of a few,
there were some excellent nurses and aides at both facilities, often working
under impossible conditions imposed by the corporate and/or administrative
structure.
Helen Adams at age 95 was
ambulatory with a walker and very alert mentally, but had many physical
problems. These included severe osteoporosis of the spine, congestive heart
failure, a urostomy of twenty years due to cancer of the bladder, mild
hypoglycemia, and digestive problems with a history of blockage of the
intestines resulting from adhesions. While Helen had many physical problems,
we had controlled these by diet, medication and proper care of the urostomy.
Her stamina varied from day to day and needed to be monitored closely.
She was able to care for some of her physical needs, but often required
assistance.
Helen's medical history and
care requirements were submitted in writing to the Nursing Home administration
prior to and upon her being admitted to Danville Regional Rehabilitation
Center. Administrative personnel assured us that there would be no problem
in meeting the requirements as stated in the document submitted.
Within days after Helen was
admitted, there was a multitude of problems with diet, care of the urostomy,
administration of medication, and assistance with personal care when needed.
There were repeated failures to meet dietary requirements as to the kinds
of food offered, length of time between meals, and maintaining proper food
temperatures. On several occasions we observed that there was nothing on
her tray that was approved for her diet, and we went to a restaurant and
purchased a meal for her. Conferences with administrative personnel and
citations by the Board of Health produced only transient results.
Proper care of the urostomy
was a continual problem. There was often failure to observe proper protocols
in this care. Repeatedly we found appliances to be improperly secured and
not changed according to the specified schedule. In spite of many conferences
with administrative personnel and formal complaints to the Board of Health
resulting in subsequent citations for violations, the problems continued.
On numerous occasions over an extended period of time, documentation of
the urostomy care was erroneous. Board of Health complaint survey records
confirmed that other residents were also receiving deficient care in this
area.
Understaffing caused many
of the serious deficiencies that we noted in Helen's care. On several occasions,
particularly on weekends, a day nurse would come on duty to find that she
had 68 patients with only 2 aides. This excellent nurse became obviously
stressed in trying to administer medications to her patients within an
acceptable time limit. Near the end of March, 2002, we realized that Helen's
condition was deteriorating and suggested to the nurse that she needed
a chest x-ray. The x-ray revealed that fluid was accumulating on the lungs,
which developed into a serious case of pneumonia. Shortly after this, we
received calls from the night nurse asking us to come to the nursing home
because she did not have time to care for Helen's needs. During 2 weeks
of 24-hour vigils, we found that the usual staffing at night was 1 nurse
and 2 aides for 68 patients. During this time there were 3 patients in
critical condition and at least 2 others who were in serious condition.
By insinuation, the Medical
Director gave the strongest possible condemnation of the staffing condition
during a consultation. After Helen had nearly completed the first round
of antibiotics and was not responding, we requested a consultation with
the Medical Director. His first statement in that consultation was, "Your
mother would not be alive today if the family had not been here to give
her the necessary fluids". She lived 18 days after this.
We would be remiss if we
were to leave the impression that all of our problems resulted from inferior
work on the part of the nurses and the aides. To be sure, there were a
few whose quality of work left a great deal to be desired, but through
the years we grew to appreciate the dedication, compassion, and professionalism
of many of the personnel. Our complaint over and over has been with corporate
structures and administrations that place their personnel in impossible
situations.
If our government, both State
and Federal, accepts the responsibility of financing long term health care
for those who cannot provide for themselves, then it has a responsibility
of demanding quality care for the finances it provides. The "axis of evil"
in health care is given free reign when the government chooses to be oblivious
to the slight-of-hand tricks that divert tax dollars from the care of patients
to corporate coffers and corporate personnel. Our system of inspections
at times identifies abuse and neglect then assesses fines and rescinds
the same. This is a license to neglect and abuse the helpless. |