Note: This is a summary of an actual case of public record that I handled. I will use generic names instead of actual identities. Unless the case was tried to verdict, any settlement or resolution was with the defendant party not admitting any fault or liability.

This is a story of why I do what I do.

Background

The first case of nursing home abuse that I handled was in 1991. The nursing home had notified Jane’s adult children that their mother – who was suffering from advanced cancer along with other various maladies – had passed. Jane was in her 90s, so the family was prepared that she might die soon from her illnesses, although on their recent visit she was up and around the nursing home in her geri-chair and didn’t seem to be suffering.

Not long after the family had buried Jane, one of the children received an anonymous call from a nurse aide that told her to check into the cause of Jane’s death. Upon meeting with the family, I told them I would do some checking. My first visit was with one of the EMTs that answered the call that night, who informed me that although he found Jane tucked into her bed as if she had died in her sleep, he had noticed some ligature marks on Jane’s neck. He clearly should have brought that to the attention of the medical examiner, but his neglect was beside the point. I was more interested in why the ligature marks existed and their relation, if any, to Jane’s death.

My Role

With the family’s permission, I requested the local county attorney to assist me in having the body exhumed, which we did. Upon medical examination, the examiner concluded that Jane had died of ligature strangulation – not from cancer or some other cause. I then had to determine not only the basis for the strangulation, but whether and to what extent neglect and abuse was involved. A review of her nursing home records would provide the answer.

Jane was unable to walk, so she required the use of a geri-chair, much like a wheelchair but easier for a more active resident to maneuver. Although unable to walk without assistance, she loved to move around the nursing home and visit with everyone, often rolling from room to room. To keep her upright in the chair, the staff obtained an order permitting them to apply a vest restraint, a common practice at that time, but not so much today. The vest was designed with a ‘V’ in front to prevent choking or discomfort when it was tied to the chair in an effort to assist the resident to remain upright.

According to the nursing home notes created by staff, I found seventeen instances in the past few months where Jane would slide down and out of the restraint. The staff nicknamed Jane ‘Houdini’ due to her ability to “escape” their restraints. Rather than putting their heads together and modifying Janes care plan for a safe resolution, the staff decided to use two restraints on Jane and – against manufacturer’s warnings – placing one of them on backwards. The staff figured that two restraints and the one on backwards was sure to keep her from escaping their restraints. Of course, the unwritten goal was to free up time for an understaffed group of employees.

Burying the Evidence

Long story short, the night that Jane died, she had rolled herself in her geri-chair into an empty bedroom, slipped down out of her vests, and had strangled to death. The staff covered it up by placing her in bed and reporting her to have died in her sleep. Through depositions, talking to witnesses and obtaining the records, I believed we had a strong case of neglect and abuse, including but not limited to:

1. Using a vest restraint improperly and against manufacturer’s warnings;
2. Failing to have adequate staffing numbers and training to monitor residents;
3. Failing to properly and timely adopt a plan of care specific for the needs of Jane; and
4. Using vest restraints for the improper use of restraining of Jane, rather than for assisting with her comfort and needs;
5. Intentionally participating in a cover-up, causing the family to suffer through insult of an exhumation and autopsy, but an indignity of Jane and her memory as well.

The county attorney obtained an indictment against the nursing home corporate owners, to my knowledge the first time in the State of Texas. Our lawsuit against the owners was resolved without trial.

Final Thoughts

Management of the nursing home literally buried the evidence. Had we been unable to perform an autopsy, we may never have known the truth, and neither Jane nor her family would have received justice. I am sure this was neither the first nor last time nursing home staff lied to family members about the true facts of the mistreatment of someone in their care. At least we can say that in this instance, justice would not be denied.

Burying the evidence is a crime. If you or a loved one has been injured, the Law Office of David M. Kennedy is here to help. Contact Us today for your free consultation and take the first step toward justice.