
Justice For Doris Negligent Death Legal Case
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My name is Darsell, I am advocating for justice for my deceased mother who was abused and neglected for 2.4 years in local nursing homes. As well as help in letting America know what is going on in these awful Medicare and Medicaid funded nursing homes, so there will be changes made for the better for our present and future residents.
My mom died from acute sepsis due to the ongoing neglect.
I tried to be there every single day, because she was bedridden and was 100% dependent on the staff. One person just cannot fight a broken system alone. There is so much falsification of medical records by DNS's, RCM's, Nurses as well as aides; it is rampant.
There was not only daily abuse/neglect towards my mom by staff, but towards her family as well.
The facility routinely was short staffed, had unlicensed aides working without certified aide supervision, newly licensed nurses working without proper supervision, they routinely ran out of peri-wipes, as well as clean bedding, towels and wash cloths. Aides were allowed to sit up at the nurses station with their earbuds in, sitting down the hall doing their schoolwork, nurses looking at videos on their cell phones, or both nurses would go outside at the same time to smoke leaving no nurse on the floor, nurses changing specialists/physician wound care orders because they did not agree with the specialists, and they discontinue medications that outside physicians and or specialists ordered, because the facility nurse did not agree with the diagnosis and not first speaking to the resident or her family.
A nurse called my mom's PCP claiming that I was spreading rumors that the facility had scabies (like Southtowne who had 3 residents die of acute scabies infections), when the fact is, I actually asked the aides to take extra precautions and always wear gloves when doing my mom's cares because she was being "treated for scabies out of an abundance of caution" after what happened at Southtowne, and my mom has trails spreading on her thighs. Then, I saw the notice about scabies that the DNS printed and put up for staff. And of course, yes, I took a photo of that notice.
Food served could be considered nothing short of being compared to concentration camp swill.
The worst part was dealing with the constant and rampant practice of staff being allowed to falsify records. In fact, it was encouraged by RCM, DNS and Administrator as well as their corporate office. At times the staff falsified chart notes to discredit residents and families complaints. But the Eugene Police 911 Logs and Pharmacy records prove they falsified records. In fact, one such claim by the facility shows they were neglecting my mom by not providing her with her night time medication. They said my mom did not take 10 mg of a medication that was found in her bedding, insinuating I was planting pills, but my mom did take 10 mg at night, and she took 5mg of the same medication in the AM, and had done so for quite some time. So they were either not giving mom her ordered medications as prescribed, or they falsified records to put me in a bad light after me and two CNA's finding numerous pills lying on the floor, in bedding stuck to her chest, stuck to her face.
One time, when we asked for my mom's records, they mistakenly gave me all the "strike out" records staff made by redacting notes they already charted; which I never got before when we requested records. Wrong chart, wrong info etc...there were so many pages of strike outs, how can you believe anything in a patients chart.
I can't count how many times mom was sent to a medical appointment with another residents records. Another resident pulled me aside to tell me that she requested her own records, and she got my mom's records instead. The nurse on duty, nor the DNS or RCM notified me or my mom of the HIPAA breach.
I found another residents anti-psychotic pill in the hallway on the floor. I and aides found my mother's and her roommates meds on their bedroom floor, in the bedding, stuck to her chest or stuck to her face. When I reported one particular incident of the aides and I finding meds on the floor and in her bed, the RCM later falsified the records stating my mom did not take that strength of medication, and that it was not there before I arrived. When in fact, the aides were already in the room when I arrived and I noticed the first pill on the floor next to the aides foot. It ended up being heart medication, that neither my mom nor her roommate took. As the aides continued to prepare my mom for her medical appointment, I took this pill up to the nurses station to report it. Upon my return to my mom's room, the aides reported finding another pill in my mothers bed by her right shoulder area.
Because the RCM later lied and falsified this incident, and tried to blame me by saying my mom did not take 10mg of this medication and it wasnt there before I got there; she insinuated that I put it there. I then started my own investigations.
Senior Services was of no help because of a poison pen letter from a hospice nurse who was trying to protect her business for their neglect of my mother, because after I reported my concerns to her of her staffs lack of follow through and poor performance and their denial of much needed safety supplies, after I has already contacted the Governors Advocacy Office, she knew I had a valid case and could file a legal complaint against them. All I was trying to ask for was for them to provide her with what she needed to keep her safe, but they even refused to give me a written care plan, nor would they supply me with a written, updated C-2 medication list every time they increased those dosages. Mom should have never been on hospice, she was not terminaIly ill. But that's another story.
I took care of my mother for almost 15 years and I knew what her meds were and dosages. Being her Persibal Representative over her finances and medical care, I asked the facility for a copy of her medication list. I got a copy of the facilities meds they filled for my mom, I also went to my mom's PCP and they confirmed 10 mg dose in the PM to prove their fraud. All records showed my mother took 5mg in the AM, but she did in fact took 10mg in the PM! The RCM claimed that my mom only took 5mg tab twice a day and that they come from the pharmacy already cut in half. So I took my evidence to the administrator and he did not care that I had 100% evidence of his staff falsifying records. I said since the RCM states my mom did not take 10mg as is directed by her PCP, then you are guilty of not giving her the prescribed dosage, or the RCM is guilty of falsifying mom's records to cover up us finding meds all over in her room and elsewhere. The administrator did not care his staff falsified the charts to cover up their inept staff. When offered, he said he did not want copies of my evidence. Is that so he had plausible deniability?
At one point, my mom's pain level increaed a substantial amount. I suspected the med aide of stealing my mom's pain medications. Since the administrator did not care to investigate, I checked the status of this aides license on the Oregon Board of nursing online site and she was still on probation for stealing residents pain meds at another facility and for acquiring pain meds off the street!
I also found records that my mom had fractured ribs, that the facility did not notify my mom, me or other staff of. I believe it may have happened the night her roommate and her brother visiting from Idaho reported to Brandi that the aides were being aggressive and unnecessarily rough with my mom the night before, and they reported it to an office employee Brandi. It was never documented in my moms chart. I found that 97% of everything that I found and reported was not documented in her chart saying daughter was the one that saw, found, noticed etc. They worded it like they found the skin ulcers. One lying social worker hired, documented that I admitted to picking my mom's scabs; when in fact I was taking my mom to Sacred Heart PeaceHealth hospitals wound and ostomy center, where they were the ones performing debridement (scab removal). Just another lie by facility staff to try and discredit me for trying to protect my mom and make them provide her with the care they were paid to do. But if you go through 2.4 years of her records, I was the one that insisted she go to outside wound care facilities because they were not performing the cares she needed and were ordered, so hospital wound care were the ones that performed the debridement of her facility acquired wounds and it is noted in my daily contemporaneous notes.
Then, I found mom's chart stated that I kept calling 911 for no reason, and that the medics had no idea why they were there, and that I would not notify the nurses at the facilitiy that I had called 911. They also told my mom's PCP this outlandish lie. So, again I went to investigate and gather evidence. I went to the Eugene Police Dept and I requested all public 911 call records available under The Federal Freedom of Information Act for the facilities address; starting from the date my mom was admitted to the facility to the day I stood there in the EPD lobby. Hmmm, not one 911 call for my mom, and not one call made to 911 by me. More slander and defamation of character by medical professionals. Our local hospitals are just as guilty; both hospitals gave my mother medications that I repeatedly advised them were in her allergy list. The hospital actually used the words that daughter is demanding. Really? Because I am trying to protect her, and you have already given her medication that is on her allergy list? As well as inaccurately lowering her C2 pain medications when the physician has said he was temporarily "increasing" it because of her increased level of pain. No wonder she refused to participate with physical therapy. The nurse refused to listen to me, and argued with me until the attending physician heard us and came over and corrected the hospitals error. You can't trust any nurse or aide, especially if you are elderly. You must always advocate for your loved ones and yourself, even if the medical staff try to bite you on the ass and slander and defame you. You have rights to have proficient healthcare without retributions.
My mother was strong willed, bullheaded and stuck firmly to her opinions. But the facilitiy falsified her PCP's statement documenting she said my mother was highly suggestible. Oh hell no! And if she was so suggestible, why was it when facility staff pissed her off or injured her, that she would not eat or allow being touching, and they could not get her to eat or take her meds and they would have to call me to come back to the facility to convince her to eat and take her meds. They would have to call me back in and I would have to calm her down and get her to eat, take meds, allows cares etc. But what did they document that in my mom's chart??? No. They documented that we got in a fight. Even her roommate was ticked off at staff due to lack of cares, verbal insults, being blatantly ignored and left in soiled briefs etc. When residents asserted their rights, they were labeled as trouble makers. I tell you, stand you ground and don't take the abuse.
I then took this information to the administrator, and again he did not care his staff were falsifying records. In fact, I again offered to give him a copy and he made it very clear he did not want a copy. Again, was this so he would have plausible deniability?
There was a period of about 9 days that my mother went without half her pain medications and went into withdrawals. She had been on high doses of pain meds for years, and I was the one that found the hospital error and notified the nursing home facility who should have made it a top priority to get that corrected. But they did the very minimum to get it corrected. Then when it did finally get corrected, it was not documented that it was filled and the pain meds arrived and were in shoved in the med drawer without being added into the system. It was found days later by Melissa, stuffed in the back of the medication drawer. All the while my mom suffered in immense pain and refused to be touched. I can't even tell you how many times I caught untrained staff trying to transfer my mom with the Hoyer lift and coming deadly close to dumping her on the floor on her head, and I would have to run and get nurse Jim so he could catch her before hitting the floor.
One of mom's end of life hospice roommates (hospice patients should have private rooms and not subject roommates to repeated deaths) was taken outside at 3am and dumped head first onto the concrete walkway, by an aide that 3 residents alleged he sexually abused them. Why would you take a hospice patient outside at that hour, unless you had other motives. He was denied his certification because he refused to participate in the nursing boards investigation.
Because of the constant neglect causing sores, I routinely took my mom to Riverbend Wound Care where they did debridement of these wounds; but the facility social worker whom all the patients hated and was told to stay away from my mom because of her continued harassment of my mom and other residents; I and other residents requested to be transferred to the other social worker and we were all denied; she retaliated and documented that I picked my moms scabs, when it is clearly documented that hospital wound care did the debridements!
At my mom's request we asked that she not have anything to do with my mom, but she would go in and harass her when I was off the property. A dozen residents had complaints against her for harassment and bullying and the residents were not taken seriously.
One day I walked in to find blood running down mom's face, I immediately took a photo (as I always documented everything), I then immediately got the nurse who had just seen me enter the room just 20 seconds before, and later the RCM falsified that incident too, writing I picked a scab. But if you look closely at the photo, staff broke her eye glasses and a piece of the purple eye glass frame was embedded in her nose. Just like when staff dropped her dentures breaking them into many pieces and crammed them back in her mouth to hide the damage; mom didn't eat for over a week. The RCM writing that my mom was on a food strike, and it was me that found the broken denture plate with sharp edges were digging into her mouth. So this means not one aide cleaned her dentures that entire time, or they would have found the broken denture plate.
They routinely neglected my mom's hands and wound care; her fingers were all contracted. They neglected keeping her contracted fingers, fingernails trimmed so they would not burrow into the palms of her hands. She was routinely found without her foam pad protectors between her fingers and palms. I found a hole in her hand from one incident and three days later the RCM came to me and claimed it was only "superficial". I said no it isnt, and I have a picture of it. She, and the admitting nurse who had her backside then sulked away once they knew I took photos and had evidence.
I found a 3.5" - 4" split in the palm of her right hand. I was the one that smelled and I found the ulcer to the bone of her contracted finger on her left hand and had her sent to ER where she was hospitalized for 7 days for the infection. I was the one that noticed the newly licensed, unsupervised nurse was putting the wound medication in another area and not on the wound. I also later found the red streak across the top of her hand, which is indicative of a blood infection, and after they forgot to feed her dinner, I again sent her to ER and she was hospitalized for another 7 days. She came back to a filthy room with soiled bedding still on her bed and they forgot to feed her dinner again when she returned; even though I turned in her meal request at 3pm that same day. I had to go out and buy her dinner, as well as food for other residents who said they were starving. This was a usual task for me to do, and quite often.
Those last two weeks, the medication for the ulcer to the bone, that was supposed to be applied to the ulcer on top of her finger, but was still routinely placed at the bottom of the fingers between the joint of her fingers, even though I kept reporting it. I took daily photos and reported this, but nothing ever changed. Due to the nurses ongoing falsification of my mom's records and a false poison pen letter, SDS refused to intervene. It was SDS that forced her into a nursing home citing "she needed a higher level of care"; this so-called higher level of care killed her.
She was terrified to be moved to another facility because of the high possibly of being put in an even worst facility. Every time my mom went I to a faculty she was neglected, especially at discharge when three times I requested a UA for a UTI. They refused and each time she barely got home and returned to the hospital because she DID have a UTI. That meant more months of physical therapy rehab.
Mom initally refused hand surgery to release her trigger fingers, it wasn't because she would not have use of them, she was terrified the facility staff would not keep the two surgical wounds clean, since they couldn't keep other wounds clean and properly treated. I finally talked her into having the surgery, then staff said something to piss her off and I came in and she was adamant that she was now not going to have the surgery. The facility staff would not tell me who, or what staff did to pissed her off.
In fact, she had been in a sister facility before this one, where she acquired a large heel ulcer that they neglected and the wound tunneled and you could see her heel bone and a superficial knee scrape became infected!
The facility before that one was supposed to follow an 11 step wound care procedure plan that was set up by Riverbend Wound Care for large wounds caused by the hospital surgery department not hedding my warning that her shins were very susceptible to large hematomas; they did not protect her legs during surgery per my request. This facility only did 4 care steps out of the 11 that was perscribed. They used faucet water instead of sterile saline solution, used paper towels from the bathroom instead of sterile gauze. They also refused to check her for a UTI at my request before her discharge, that I already knew she had by her odd behavior and the smell. They refused to allow her to use a nun's cap; they sent her home weak and ill. Upon her arrival home, she couldn't even get in the door before collapsing. Back to ER and of course she had a UTI, causing another couple months set back and more rehab.
With all the visits to her PeaceHealth PCP, Wound Care, Dermatologist, Surgeon and ER, not one single physician, nurse or aide reported the abuse and neglect at the facility, and I made a point of showing all of them the photos I took, and asked them to document the neglect. They are mandated to report abuse and neglect by law and they do not.
But then they will believe falsified documents by nurses at the facility as well as a Hospice nurse who was covering their asses to discredit my mom and I in case we filed a legal complaint after they caused her physical harm and almost killed her by the their death cocktail.
I sent her to ER and had them take her off the hospice cocktail and had them put her back on her original pain medications she lived another 2.4 years. She wasn't even diagnosed with a terminal illness, so how did her PCP manage to get her on hospice care?
All aspects of elder care is tainted by medical staff that find it acceptable to falsifiy documents all the while mistreating and neglecting residents causing their deaths. It is time to stand up for justice, for we are the next generation to be abused and neglected.
This did not just happen to my mom, I saw other residents who were abused and negleted and who died that the facility also lied about. My grandmother died in the same facility in 2005; she had a facility acquired large deep blackened ulcer above her gluteal crevice from neglect. I had the funeral home take a photo and I hand delivered a copy to SDS and I never heard a thing from them or the state, and nobody knows anything about it. When I reported abuse and neglect to Senior Services and to our State Ombudsman, they do not care. Their quote from Ombudsman's Office, "If we don't see it happen, we can't prove it happened".
My mom and other residents like her deserve justice!
Please help with our legal fees which could cost well up to $70,000, it could be double if we don't settle out of court.
Thank you.