Topic

nursing homes

7 petitions

Update posted 7 months ago

Petition to Donald J. Trump, Donald J. Trump, Ralph Northam, Donald Trump, Mark Warner, Tim Kaine, Barbara Comstock, Mark R. Herring

Prevent Hospitals from Seeking Guardianship As Means 2 Override Patient Rights

Anastasia on Facebook I used to think all the talk about "murder boards" in hospitals was a fallacy.  However based on recent family events sadly they are true.  Currently there is not a law that prevents hospitals from seeking guardianship as a means to override a patients rights to dispute discharge or treatment decisions. While there are specific instances where taking guardianship of a patient is not only advisable but is absolutely necessary when life is threatened, such as in the case of minors who need a life saving treatment but the parents refuse to allow it due to personal values or religious beliefs; however even those instances should be few and far between. Instances like those that have happened to our family the last few weeks, where a parent, family member who holds a legally executed power of attorney and stands 'in loco parentis' for an incapacitated family member can have their powers summarily and arbitrarily suspended or terminated because they disagree with a hospitals decision not to treat a condition because a doctor perceives the patient has no quality of life because they suffer from a brain injury and feels the person "would not want to live that way" should never happen! Quality of life is something that cannot possibly be known or measured with the limited and superficial contact that occurs in a hospital setting and is something best left to the patient and those closest to them. To have strangers come in and forcibly tear you from your loved ones, to abduct your person, because that is exactly what this is - an abduction - is terrifying for a person with a brain injury and other such patients. It is terrifying for an incapacitated person who has relied heavily on and whose life, happiness and well-being has depended on a family member that it is so inextricably intertwined it is impossible to separate one existence from the other without creating great psychological and emotional harm and trauma. I can say this because I have had to watch my sister whimper and cry out in fear since guardianship of her was awarded to Inova Fairfax Hospital appointed guardians. I have had to watch the expression of fear on her face while being told lawyers would now be her guardians and that I no longer had control over where she lived, who would be caring for her, what medications she could or could not be given, or treatments she would or would receive. I did not and could not tell her these same two lawyers also had the authority to place her in clinical trials, and had the authority to dispose of her remains how they saw fit. When Inova Fairfax Hospital appointed guardians removed her from the hospital without notifying a single family member I had to watch the expression on sadness and bewilderment at seemingly having been abandoned when I walked in six hours later because it took our Virgnia State Delegate making calls to locate her because Inova had ordered their nursing staff to not give me any health information, just as they chosen to ignore my power of attorney before we went to court.  I have had to watch her being over medicated and suffering while her guardians were missing in action because they signed papers to have her sent to a substandard nursing facility and then went out of town for several days.  I have had to physically clamp off my sisters feeding tube to prevent her from being given three sedating medications directly after giving her morphine because a nurse said she could not give my sister her regular medications when she would normally get them because their “protocol” only allowed them to give her medication at 9:00am, 1:00pm, and 5:00pm.  Which means she was receiving a massive dose of 600mg of Neurontin, 2mg of Klonopin, and 10mg of Ambien on top of morphine in an 8 hour period!  Now maybe it’s just me, but you do not administer those medications, at those doses to a 5’2” 108lb female unless you are trying to put her into a coma or kill her. Stand with our family if you believe this is egregious and sign our petition to not only stop Inova Fairfax Hospital from killing or intentionally putting our sister in danger and to STEP ASIDE and let Anastasia's family care for her as they always have done; but to have legislation put in place to prevent this from every happening to anyone else's child or loved one every again!!    Here is is a link to the meeting and the Inova Fairfax Casemanagement team. https://youtu.be/VxMFP-o-p6U  

Yolanda Bell
1,261 supporters
Update posted 1 year ago

Petition to Florida Governor, Marco Rubio, Bill Nelson, Rick Scott, Florida State Senate, Florida State House, Debbie Wasserman Schultz, Ted S. Yoho, Patrick Murphy, Ron DeSantis, Alcee L. Hastings, Theodore E. Deutch, Kathy Castor, Ileana Ros-Lehtinen, Frederica S. Wilson, Anitere Flores, Lois Frankel, Daniel Webster

Raise standard of care and oversight of our nursing homes

Hurricane Irma has impacted so many lives. Recent publications in the State of Florida announced to the public that multiple elderly care facilities are full of neglect. Irma teamed with poor quality and preparation by the facilities reported 8 fatalities; due to high temperatures within their facilities after power outage. Specifically reported in association with health conditions and exertion onset due to the lack of air-conditioning and high temperatures. The reports surfacing investigate further into how these facilities are run and the lack of humane conditions that our elderly or disabled are subjected to are heart-wrenching. I have personally advocated for the elderly or a disabled dependent family member living under the neglectful care of a nursing facility. More times than not I identified wrong doing before it became an apparent concern many times. Even with advocates many issues still arise and are unresolved or neglected further. I fear for the elderly and disabled that do not have advocates or cannot speak up for themselves. The constant fear of the unknown of how our dependents are being treated inhumanely is debilitating to anyone who experienced the blatant disregard by money hungry retirement and care homes. We need to increase the amount of competent staff through better pay and education which each facility shall be responsible for. We need to have better oversight of how our dependents are treated, where dependents are those who can not help themselves. We need stricter laws through legislation for poor treatment of our dependents. Additionally, in such states as Florida mandatory requirements of generators where lives depend on electricity; if not disclosures to families that facilities their loved ones are navigating are or are not prepared for devastating weather such as hurricanes. Additionally, clear plans of how habitants will be treated and cared for in light of disruptive weather. I think there should be greater punishment for negligence and families should have the right to seek reparation for wrongdoing. Please join us in the fight for prevention and justice. ARTICLE 1: http://www.palmbeachpost.com/news/eight-dead-hollywood-nursing-home-politicians-demand-answers/UVvcJpbqOojv4jYwoXdmGI/  West Palm Beach, FL  33401   12Traffic Conditions  FACEBOOK TWITTERVISITOR AGREEMENT PRIVACY POLICY CONTACT US©2017 COX MEDIA GROUP    Eight dead in Hollywood nursing home; politicians demand answers  Share0John Pacenti  Palm Beach Post Staff Writer7:06 p.m Wednesday, Sept. 13, 2017 Local News NEWS VIEW CAPTIONHOLLYWOODThey entrusted their elderly mothers, sisters, distant relatives to The Rehabilitation Center at Hollywood Hills. That trust, tragically, was misplaced.» New photos show paradise destroyed in Florida KeysOn Wednesday, these families learned how their loved ones were left suffering in the smothering and ultimately deadly heat that festered in the wake of air-conditioning outages caused by Hurricane Irma. ADVERTISER CONTENT: The Palm Beach PostGolfing isn’t the only thing to do in Palm Beach Gardens.Eight of The Rehab Center’s patients are dead and roughly 10 were being treated Wednesday for apparent heat-related illnesses. The tragedy — which again put South Florida in an unflattering national spotlight — was called “unfathomable” by Gov. Rick Scott.According to the family member of one patient who lived there, the facility had been without air conditioning for three days. The nursing home had generators but was cooling residents with fans. Only some windows were opened, because the facility also was treating some psychiatric patients — and staffers did not want them to escape.A total of 115 patients were evacuated after the first deaths were discovered. Three of the victims were identified Wednesday as Estella Hendricks and Gail Nova, both 71; and Carolyn Eatherly, 78, the Fort Lauderdale Sun Sentinel reported.The nursing home stands in the shadow of a mighty health-care facility: Memorial Regional Hospital is within 50 yards. Across the street is world-renown Joe DiMaggio’s Children Hospital.Yet, the nursing home, which has a history of deficient care in state inspections, apparently never reached out as the patients slowly succumbed to the heat.“It’s a sad state of affairs,” said Hollywood Police Chief Tomas Sanchez in announcing a criminal investigation. “We all have elderly people in facilities and we depend on those people in those facilities to care for our most vulnerable elderly population.”Family members rushed to the facility at 1200 N. 35th Ave. Wednesday morning to find loved ones after the 115 residents of the nursing home and nearby mental-health facility were removed. They spoke in emotional turmoil to reporters.Gloria Flora Mitchell said her 58-year-old sister “has been in there 10 years. She had a stroke. She can’t talk. She can’t walk. Nothing.”She said the facility shooed her away when she tried to get answers.Ellie Pina, whose mother was one of those evacuated, raised alarms almost immediately after Irma knocked out power to the nursing home. She went inside a few days ago and saw the suffering firsthand.“It felt like 110, 115 degrees,” she said. “The patients were in the halls.”But Pina didn’t blame the nursing home. She blamed Florida Power & Light for not making the nursing home a priority for restoration of power.“FPL should be reprimanded for this,” she said. “Residences can wait. Medical facilities should come first.”FPL officials said the nursing home was not on the list of priority facilities Broward County provided to them in March. After Sanchez’ news conference, an FPL repair truck could be seen working on a line down the street.Other family members, though, pointed to the facility, which has run afoul of regulators in the past.Dr. Jack Michel, listed in corporate records as the owner, also is listed as owner of South Florida’s Larkin Community Hospital.An email to Michel requesting comment was answered by Jorge Carballo, the nursing home administrator. According to Carballo, Hurricane Irma blew out a transformer that powered the air-conditioning system.“Unfortunately, early this morning, several patients experienced distress and there were three fatalities at the facility and three at the hospital they were transferred to. Facility administration is cooperating fully with relevant authorities to investigate the circumstances that led to this unfortunate and tragic outcome,” Carballo said.Officials later told The Associated Press five had died after leaving the nursing home, bringing the death toll to eight.In addition to state and local authorities, U.S. Sen. Bill Nelson, D-Fla. called for federal intervention.“This is an inexcusable tragedy that frail patients would die of heat exhaustion,” Nelson said. “I have spoken with the secretary of (Health and Human Services) to get to the bottom of this.”Hollywood Mayor Josh Levy said a statewide effort was underway to check other nursing homes without power. Hurricane Irma, which made landfall Sunday, knocked out power to 5 million FPL customers statewide.He urged everyone to be mindful of the continued hot weather that followed Irma and to check on elderly neighbors. “We have temperatures reaching 95 degrees,” he said. “They might need water sooner than a younger person would.”Fire Rescue workers discovered the lethally hot conditions at 6 a.m. Wednesday when they responded to a report of a heart attack.“Once we determined that we had multiple deaths at the facilities and the facilities were extremely hot, we made a decision to evacuate all patients,” said Hollywood spokeswoman Raelin Lohse-Story.Patients who died were suffering from dehydration, respiratory distress and other illnesses linked to heat. Sanchez said that heat might not have been the only cause. He told reporters he would not discount carbon monoxide poisoning from generators, for instance.“We are examining all possibilities,” he said.Dave Long, an employee of air conditioning service company Airstron, told WPLG-TV that a fuse needed to cool the center’s air conditioning unit was knocked out of place by Irma. He told the news station that he’s been waiting for days for FPL to fix the issue.“There’s nothing we can do,” Long told WPLG. “We’ve been calling and calling. … It just doesn’t seem to be going anywhere and I can’t do anything until we get that fuse popped back in.”The Rehab Center was reportedly bought by an affiliate of Miami-Dade-based Larkin Community Hospital in 2015. That same year, Michel created the company Rehabilitation Center at Hollywood Hills LLC. Early the next year, an inspection by Florida’s Agency for Healthcare Administration cited multiple deficiencies.The facility showed signs of neglect that appeared to predate its sale, such as chipped and peeling paint, cracked tiles, a rusty air-conditioning vent and holes in flooring.But it had other problems.One resident had not been bathed for 10 days after being admitted. Flying insects were in the kitchen area. During lunch, inspectors cited “residents were being referred to by staff as ‘feeders’ and identified according to their room number, not their name.”One patient was found by inspectors in her nightgown, in bed, with the curtains drawn and the lights turned out. She was watching a TV which had not been turned on. She was fed during the day, but in the afternoon, she was still in her nightgown, still staring at a dark TV.The deficiencies were resolved.Michel, the listed owner, had his own previous run-in with regulators. In 2006, the doctor was among a group of defendants who settled civil Medicare fraud charges for a combined $14.5 million. The charges stemmed from a kickback scheme involving funneling elderly patients to Larkin.   Staff writers Pat Beall and Holly Baltz and staff researcher Melanie Mena contributed to this story.  

Sarah Hill
33 supporters
Started 1 year ago

Petition to North Carolina General Assembly, Roy Cooper, Josh Stein, NC Department of Health

NC Rule 9(j) Requires a Right to Sue Letter is Unconstitutional.

My mother had a bleed out from both ends of her body in December 2015. The cover up started with Doctor of Nursing Center acting as primary physician who was entitled to sign the death certificate without verification of cause of death in North Carolina.  The doctor did not even have to view the body of my mother.  He was allowed to put down another cause for my mother's death just by picking whatever from mother's medical record. Which is an incorrect cause of death. After many lies from the doctor that he had made the amendment to cause of death. I finally started wondering around August 2016 if it was possible that my mother was murdered at 2am in the morning on 31 December 2015. Now, I am trying to get a right to sue letter which is required under Rule 9(j) and there is also a two year time statute to file a lawsuit. 31 December 2017 is the time the Nursing Center and doctor are aiming for so they cannot be sued. Then finding an attorney is like pulling one's own teeth.  Is the right to sue letter constitutional under NC Rule 9(j)? I say, "NO!"""VI. Constitutionality. In 2001, the Court of Appeals ruled that Rule 9(j)’s certification requirement violated the equal protection clauses of the North Carolina and United States Constitutions and article 1, section 18 of the North Carolina Constitution (“due course of law”). Anderson v. Assimos, 146 N.C. App. 339, 345–46 (2001). The Supreme Court reversed, holding that the Rule 9(j)’s certification requirement was not because the plaintiff’s claim was based solely on a res ipsa loquitur theory. Anderson v.Assimos, 356 N.C. 415, 417 (2002). Thus the Court of Appeals should not have addressed the constitutionality of Rule 9(j). Id. Our appellate courts have not squarely addressed the constitutionality of Rule 9(j) in the years since the Supreme Court issued this opinion. Because the 2011 amendments made Rule 9(j)’s requirements ever more stringent, new constitutional challenges may loom in the coming years. " "https://www.sog.unc.edu/sites/www.sog.unc.edu/files/additional_files/Rule%209%28j%29%20Special%20pleadings%20rule%20in%20med%20mal%20actionsUSE.pdf (In my opinion were NC has gone wrong is they have not set up a Medical Expert Board to oversee claims to mal-practice and neglect. The said Board should have to supply right to sue letter to the general public under NC Rule 9(j).) Solutions and Demands:1) Require Death Certificate to be signed by two others: a family member or close relation knowing the cause of death.  And have the cause of death typed instead of hand written by the doctor. 2) Require all bleed out deaths in NC nursing centers to be investigated. The Medical Examiner should be involved. 3) NC Rule 9(j) is requiring a right to sue letter to be able to sue medical communities. This rule is unconstitutional and is denying due process for NC citizens. Eliminate NC Rule 9 (j) and give relief to all damaged by this rule in the past. Furthermore, the right to sue letter for NC Rule 9(j) is not set up like EEOC or OSHA right to sue letters. Why not? 4) Require attorneys to be proactive in taking cases involving nursing center deaths. Why do attorney like vehicle accidents so much? Should an attorney like representing nursing center victims, too?Please contact all your NC Legislators on NC Rule 9(j) tell them it is not set up correctly; and ask them to fix doctors being neglectful when entering cause of death on death certificates.Your time and effort is totally appreciated and thank you.  

Valinda Norton
204 supporters