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- Kanawha City Nursing Home Resident Killed
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Nursing Home Abuse
Secretly Enacted Federal Rules Seek to Hamper Nursing Home Residents' Claims
In his final days as the President, Gorge W. Bush, secretly enacted federal rules which appear to hamper the public's ability to present valuable evidence of abuse and neglect in nursing home trials. The former President enacted a rule that unilaterally declares state investigators and regulators as "federal employees" as it relates to their investigations of allegations of abuse and neglect in nursing homes. As "federal employees" these State investigators and regulators will not be able to testify against nursing homes in civil trials concerning resident abuse and neglect.
Typically, families who suspect abuse or neglect in a nursing home contact State Investigators and/or Regulators to lodge complaints surrounding the care of their loved ones. These State Investigators and Regulators investigate the allegations, and issue reports detailing their findings. Often, these reports are the evidence that solidify a family's resolve to contact a private lawyer to assert a claim against the negligent nursing home. Moreover, these State Reports stand as the basis for regulatory fines against these bad nursing homes.
Thanks to the former President, victims of nursing home abuse CANNOT even use independent, State Investigations to assist the prosecution of their claims. Think about it – The State can investigate a nursing home and unequivocally determine that it has been abusing its residents, and that resident CANNOT use that evidence in Court!
Despite the former President’s giveaway to the multi-billion dollar nursing home industry, I urge all people with family in nursing homes to report any suspected abuse to State Regulators and/or private nursing home attorneys. In West Virginia, you may report allegations of nursing home abuse and/or neglect to the State Office of Health Facility Licensure & Certification at (304) 558-0050.
Kanawha City Nursing Home Resident Killed
The Charleston Gazette is reporting that an elderly Charleston man, George King, was killed this weekend when he was hit by a CSX train in the Kanawha City section of Charleston, West Virginia. (click here for link to story). While the untimely death of any individual is a tragedy, this situation is especially heartbreaking.
Mr. King was a resident of Heartland of Charleston, a nursing home located in Kanawha City, Charleston, West Virginia. Mr. King's family entrusted their loved-one to Heartland expecting that his well-being would be protected. It certainly appears that Heartland did not live up to its obligations.
From what the paper has reported, it appears that Mr. King "went missing" from Heartland some time on Saturday. In the nursing home industry this is called an "elopement." It is not uncommon for the elderly to become confused while in a nursing home and wander off. It is the nursing home's absolute duty to safeguard their residents and make sure that the premises are secure and that confused residents cannot slip outside and into potential danger. In this instance, it is clear that Mr. King walked out of Heartland and onto the railroad tracks which are less than 50 yards from the home.
The article indicates that Heartland "intends to do an internal investigation" of the matter. That is like the fox guarding the hen house. Mr. King's family must demand a full scale investigation of the incident - starting with a call to the West Virginia DHHR's Office of Health Facility Licensure and Certification (OHFLAC) and then to a qualified lawyer.
Mani Ellis & Layne is a law firm located in Charleston, West Virginia. The lawyers of Mani Ellis & Layne have handled countless cases involving nursing home abuse and neglect throughout West Virginia. For a free consultation concerning nursing home abuse and neglect call 888-720-1001 or 304-720-1000 or visit us at our website www.wvnursinghomeabuse.com.
Mani Ellis & Layne
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Charleston, WV 25325-1266
Phone: 304-720-1000
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