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PATIENTS’ RIGHTS

Tennessee Citizen Action believes patients are entitled to the best quality health care and that the solution to medical malpractice is actually eliminating medial error, more effective discipline for the few bad doctors, alleviating the critical shortage of nurses and reforming insurance company practices. We oppose limitations on legal remedies to hold medical professionals, hospitals and nursing homes accountable for their mistakes.


The following news story highlights one of Tennessee Citizen Action’s most important issues—holding Tennessee’s nursing home industry accountable for the health and well-being of those who are entirely dependent on the services provided to them.

Typically, nursing home neglect is the result of having too few staff caring for too many frail people—a staffing decision made by the nursing home’s corporate owners. All too often, that neglect ultimately results in starvation, dehydration or deadly infections in patients. Sometimes, it results in the kind of outright abuse alleged in this news story. The legal remedy for these situations must have an impact on those who have the power to change what happens in a nursing home so that others won’t suffer in the same way. 

Earlier this year, the powerful nursing home lobby attempted to ram through legislation which would, in effect, remove any legal consequences to owners of nursing homes and other long-term care facilities for neglect or abuse.  That legislation would have provided only one legal recourse to neglected or abused nursing home residents—filing a medical malpractice action. In reality, however, the medical malpractice statutes would not apply in the situation described below.  Had the nursing home industry’s legislation passed, patient protection and real accountability would simply not exist.

Tennessee Citizen Action helped defeat that misleading and dangerous law from passing, but you can be sure that the nursing home lobby has not given up.  We intend to continue to be vigilant about protecting the rights of patients and their families.   

Bill Mason

Executive Director

Tennessee Citizen Action 

Family fears nursing home abuse

(08/17/07 WREG-TV Memphis) By April Thompson

 MEMPHIS - It's not how Peggy LeNoir expected to celebrate her father's birthday, looking at disturbing pictures taken from his nursing home bed.

 "I seen a black eye. He got a bruise on top of his head. He got bruises on his back. His back is bruised up and swollen and I see marks on his leg." says LeNoir.

Peggy says something happened at the Whitehaven Community Living Center where her father, Andrew Paige, has been since April. 

When he came here he was walking and talking, now he can hardly move. She had already complained about the bed sores he was suffering. Then Peggy got a call Monday to check on her dad. What she saw shocked her.

"They said are you aware your father has a black eye. I said no. I looked in there and said, oh my God." says Peggy. 

The nursing home said her father may have fallen. But Peggy says how, since he can't walk, talk and can barely move.

"I think somebody hit him. Somebody really whipped "him." she says. 

More frustrating, she says a staff member told her to leave and even called police.

We went back to the center for answers. The administrator wouldn't discuss patient information and had no other comments. But we have learned the staff is looking into Mr. Paige's case.

Peggy's brother, Randy, says it's just time for some straight answers. 

"We don't know if someone walked off the street or if someone in the facility hit my father in the eye, top of the head and legs. We don't know." says Randy Paige. 

The Whitehaven Community Living Center is regulated as a licensed nursing home with the state. State health workers are still checking to see if any disciplinary actions have been taken against the center. Medicare found nine health deficiencies at the center in its last inspection, but found them to be minor.

Meanwhile, Andrew Paige's family is considering a lawsuit and making plans to move him to another facility



 

TN Citizen Action on the Right to Decent Nursing Home Care

This week brought a jolting reminder of why our work at Tennessee Citizen
Action is so important - it came with a phone call from a news reporter
about truly horrific conditions in a Tennessee nursing home. In this case,
state and federal investigators had taken action after conditions at the
Bordeaux Long Term Care facility were found to be so unsafe and unsanitary
that a patient's bedsore had become infested with maggots. It happened
because the nursing home had failed to turn and properly bathe this patient
for an indeterminate period, and the home had become infested by flies -
endangering the health of its 380 residents.

This sad situation immediately reminded me of this year's attempt by the
nursing home industry to severely curtail the rights of nursing home
residents and their families to seek legal recourse when residents are
harmed by this type of neglect. Tennessee Citizen Action joined with AARP
and others to defeat that legislation, preserving Tennessee's Nursing Home
Patients' Bill of Rights and Tennesseans' right to expect decent nursing
home care.

With your support, Tennessee Citizen Action will continue to fight to
preserve the rights of patients and consumers whenever those rights are
threatened by powerful moneyed interests. We will also continue our advocacy
for safe alternatives to nursing home care for our seniors. I'm proud to
have your support and help in this very important fight.

The news story can be found at
http://www.wsmv.com/video/13586562/index.html.

 



NURSING HOME LOBBY PUSHING TO GUT

THE “TENNESSEE SENIOR PROTECTION ACT”

 State’s Frail Elderly at Risk, Would Lose Legal Rights

Tennessee’s powerful nursing home lobby is slated to renew its attempt to eviscerate the Tennessee Senior Protection Act over the objections of patient advocates and the pleas of families who have suffered nursing home neglect and injury.

Tennessee Citizen Action is among the consumer and patient advocates fighting SB 875, a bill written by the nursing home industry that the Senate Judiciary Committee will consider on Tuesday, May 1. The legislation would curtail the legal rights of victims of nursing home neglect or injury, shielding nursing home owners from responsibility in such cases. 

Put simply, SB 875 would force victims of nursing home neglect and injury to file medical malpractice lawsuits – a legal action that is not designed to remedy the types of neglect and injury common in nursing homes. The change shields the nursing home owners who choose to understaff their facilities in order to boost profits – even if it means residents suffer and ultimately die from starvation, dehydration, and painful infections. 

This bill is about protecting the nursing home industry and their profits, not our parents and grandparents,’’ said Bill Mason, executive director of Tennessee Citizen Action. “Tennessee’s law isn’t perfect – I’d argue it’s not strong enough. But at least we can hold nursing home owners responsible for the conditions inside their own facilities. They’re the only ones with the authority to really change nursing home conditions.” 

While minimal staffing levels and other standards are required by law, a newly-released General Accounting Office report found the government is doing very little to enforce that law. Even those homes frequently cited for abuse and neglect are rarely if ever fined, and those fines are so small they’re “considered a cost of doing business.” For more information, see the New York Times story of April 22, 2007Tennessee Citizen Action is a non-profit consumer advocacy organization representing the interests of patients, who typically don’t have much voice on Capitol Hill.



Patients, Families Take Up
The Cause of Hospital Safety

Grass-Roots Movement Offers
Support, Information to People
Affected by Medical Errors
May 30, 2007; Page D1

When her 18-month-old daughter Josie died after a series of medical mistakes at Johns Hopkins Children's Center in Baltimore six years ago, Sorrel King was consumed by grief and anger, wanting to destroy the hospital and even end her own life. But with three other children to live for, she and her husband Tony decided they had to help fix a broken system.

"We had to do something good that would prevent this from ever happening to a child again," Ms. King says. When the hospital offered a financial settlement, Ms. King, a former fashion designer who had become a stay-at-home mom, asked Johns Hopkins to take some of the money back to start a children's safety program. She also created the Josie King Foundation to fund safety initiatives at other hospitals.

Now, to take the message to a broader audience of both consumers and medical professionals, she is launching a new Web site, josieking.org1, with her own blog on patient safety; an online community where families can post their medical-error experiences and provide emotional support; advice from medical and legal experts on how to avoid error and deal with it when occurs; and resources for hospitals seeking to improve safety.

[Sorrel King in 2000 with her daughter Josie, who died a year later at age 18 months]

Sorrel King in 2000 with her daughter Josie, who died a year later at age 18 months.

Ms. King is one of the leading forces in a grass-roots patient-safety movement led by patients and family members who have experienced a devastating medical error -- in many cases teaming up with the very providers responsible for the harm. Often working in tandem, they are becoming an increasingly powerful and vocal force world-wide, working with hospitals, governments and nonprofit groups to help formulate safety policies and lobbying for legislation in the U.S. and other countries to protect patients.

They are using the Web to spread the message, creating online communities to share strategies for preventing medical errors and provide support and advice to consumers who have experienced harm.

One group, Consumers Advancing Patient Safety, which launched its own online community two months ago, was tapped by the World Health Organization to help build a global network of consumer patient-safety champions, conducting patient-safety workshops around the world.

According to the Geneva-based organization, part of the United Nations, an average of one in 10 patients world-wide admitted to a hospital suffers some form of preventable harm that can result in severe disability or death. The additional hospitalization, litigation claims, hospital-acquired infections, lost income, disability and medical expenses cost some countries between $6 billion and $29 billion a year, the group says.

Sue Sheridan, a CAPS board member now working with the WHO Patients for Patient Safety project, experienced two tragic adverse medical events: Her son Cal's neonatal jaundice went untreated, leading to a kind of severe brain damage called kernicterus, and her husband Pat died after a cancer diagnosis wasn't communicated, resulting in a six-month delay in treating his condition.

Ms. Sheridan says one of the last things her husband told her before his death was, "Never give up on patient safety." The message, she says, "was seared in my soul." (Ms. Sheridan's evolution as a patient advocate was chronicled in a Feb. 6 page-one article2 in The Wall Street Journal.)

Others doing work in this vein include Jennifer Dingman, who co-founded Persons United Limiting Substandards and Errors in Health Care (www.pulseamerica.org3) after losing her mother to a series of preventable medical errors; a related group, Pulse of New York, was started by Ilene Corina after her 3-year-old son bled to death following a tonsillectomy. Cathy Lake started the surgicalfire.org Web site to alert consumers to the risk of fires from electrical equipment used during surgery after her mother was severely burned and subsequently died after a series of complications and treatment errors.

And caregivers are joining, too. After a routine surgery led to complications that nearly killed her, Linda Kenney joined with the anesthesiologist who had been involved, Rick Van Pelt, to form Medically Induced Trauma Support Services (MITSS.org4), which provides support and other resources for both families and medical professionals.

"These people are the real heroes of patient safety, putting themselves at risk by going back into the same burning building and reliving their experiences to help someone else," says Charles Denham, a physician and hospital-safety expert who is chairman of a number of patient-safety programs. Dr. Denham's nonprofit Texas Medical Institute of Technology funded a video in which Ms. King describes the medical errors that led to Josie's death; it is now used as a training tool by hospitals.

[Turning Anger Into Action]Ms. King, who had another child after Josie's death -- she now has two daughters and two sons -- says one of her chief aims is to convey the importance of the family as the patient's advocate in a hospital. And she says it is critical for caregivers to listen to families' concerns. Rushed to the hospital with severe burns suffered when she accidentally stepped into a scalding tub at home, Josie was responding well to treatment in the intensive-care unit. But after she was moved to an intermediate-care unit, she began to exhibit unusual symptoms, such as furiously sucking on a washcloth and crying for every drink she saw.

Despite her mother's warnings and expressions of concern, hospital staff overlooked or misinterpreted mounting signs of severe dehydration, and gave her a narcotic despite verbal orders that she receive no further medication. She died two days before she was scheduled to go home.

"The day Josie died, it hit me so hard it was like being struck by lightning," Ms. King recalls. "For months and years I kept searching for a reason, and gradually I began to see that there was one." As she began traveling the country to speak at health-care conferences, "I realized I could make a little bit of difference," she says. "They all know there is a problem, and they want desperately to solve it."

Rick Kidwell, the Johns Hopkins attorney who handled the case, was the first person Ms. King called about using some settlement funds to start a patient-safety program. He is now one of several experts who offer commentary and advice about patient safety on the new Web site, including Peter Pronovost, medical director of the Johns Hopkins Hospital's Center for Innovation in Patient Care.

Mr. Kidwell is also now director of risk management at the University of Pittsburgh Medical Center, where the Josie King Foundation has been sponsoring a pilot program called Condition Help. It's a hot line families can call to summon a "rapid response" team of specialists inside the hospital if they feel that a patient is in danger and isn't receiving the necessary attention.

Beth Kuzminsky, a nurse and associate at UPMC's Center of Quality Improvement and Innovation, says at first the program was unsettling to doctors and nurses, who worried that it would scare patients, and would reflect badly on them if a family used the call line. But staffers were convinced that the system wouldn't be abused by patients.

Since July 2005, a Condition H has been called 62 times, she notes. And the data suggest that 69% of the incidents would have led to potentially harmful patient situations if Condition H hadn't been called. The program will be expanded in January to all of UPMC's 14 acute-care hospitals.

Ms. King advises families to record important medical information while in the hospital, including when and by whom medical procedures were performed and the names of the doctors and nurses on duty each day. Her foundation has created a "Care Journal" with space for jotting down the information. Ms. King says she is in talks with UPMC, Johns Hopkins and Duke University Medical Center about providing the journals to patients and families.

Ms. King says it is equally important to help medical staff who have been involved in errors or adverse events, because there is often no formal help with the emotional fallout of being involved in patient harm.

And nurses and doctors may be told to keep quiet and avoid contact with the patient or family in case of a lawsuit. One of her foundation's programs, "Care for the Caregivers," includes a course to teach intensive-care nurses how to write about stressful situations at work, to help sort out their emotions.

"It isn't just the family and patient who suffer when there is a medical error," says Ms. King. "It's also devastating to the caregiver, and there is not much of a support system."

 Email informedpatient@wsj.com5.
 

 

URL for this article:
http://online.wsj.com/article/SB118048050393817811.html

 

Hyperlinks in this Article:
(1) http://www.josieking.org
(2) http://online.wsj.com/article/SB117073404433599202.html
(3) http://www.pulseamerica.org
(4) http://www.MITSS.org
(5) mailto:informedpatient@wsj.com

 

Copyright 2007 Dow Jones & Company, Inc. All Rights Reserved



TENNESSEE RANKS 48th IN HOSPITAL PATIENT SAFETY

“Sorry Works!” Program Can Save Lives 

Tennessee ranks among the worst states in the nation for hospital patient safety, according to a recent study of federal Medicare data by the healthcare ratings organization HealthGrades. 

“The tragedy of this ranking is that Tennessee can do better – by improving patient safety and reducing medical errors,” said Bill Mason, executive director of Tennessee Citizen Action. “Tennessee’s House and Senate are considering a major step in improving patient safety, and lowering medical costs at the same time – it’s called the Sorry Works program.” 

The fourth annual study by HealthGrades used Medicare data to rank states according to the prevalence of patient safety incidents in their hospitals. Tennessee ranked 48th – with only Nevada, New York and New Jersey ranking lower. Significantly, of the 304,702 deaths resulting from these incidents nationwide, 250,246 were preventable. 

HB 1334/SB 1347 pilots Sorry Works in two Tennessee hospitals and two Tennessee nursing homes to show how a system of apology, disclosure and compensation can lower malpractice costs and improve medical care. Under Sorry Works, when a medical error occurs, medical professionals are trained to explain what happened, express sympathy and apology, and develop protocols to guard against similar errors in the future. 

“The sad fact is that completely avoidable mistakes do happen – patients are given the wrong blood type, or they have the wrong kidney removed, or get an inappropriate dose of medication – and the results are tragic,” said Mason. “A major focus of Sorry Works is that health providers must show how they’ll prevent this error in the future. By developing patient safety protocols, potential errors are avoided – and the whole system improves for everyone.” 

“The best way to improve patient care, reduce medical cost and cut malpractice cost is to reduce medical errors, and Sorry Works does that,” said Mason. “This is something doctors, hospitals, and patients can agree on, because we all win.” 

The HealthGrades study can be found at www.healthgrades.com.  From the report: “Wide and highly significant gaps in patient safety incidence levels were discovered between the top-performing states and those at the bottom over the years 2002, 2003 and 2004. Medicare patients in the best state, Minnesota, had an almost 30 percent overall relative risk …compared with the lowest state.” 

“The Sorry Works! Pilot program Act” is pending in the House and Senate Judiciary Committees.



 
NURSING HOMES SEEK TO ROLL BACK PROTECTIONS

FOR TENNESSEE’S FRAIL ELDERLY 

Tennessee Citizen Action today has sent an urgent message to state legislators warning about a so-called “housekeeping” bill that is a major threat to the legal protections of Tennessee’s frail elderly.

SB 875, which is slated for consideration in the Senate Judiciary Committee on Tuesday, April 24, is being sought by the nursing home industry to curtail the legal rights of those who are victims of nursing home neglect and injury. 

Put simply, the bill would force victims of nursing home neglect and injury to file medical malpractice lawsuits – a type of legal action that is not designed to remedy the types of neglect and injury that are too common in these facilities. Typically, when corporate owners choose to understaff their nursing homes in order to boost profits, even the most dedicated staff cannot care for all the patients as they should – and too frequently the results are starvation, dehydration, and deadly infections. 

SB 875 seeks to insulate the corporate owners of nursing homes from the legal and financial consequences of their decisions to understaff their facilities and undertrain their workers. 

This legislation is not about protecting the frail elderly, it’s about protecting the profits of the nursing home industry,” said Bill Mason, executive director of Tennessee Citizen Action. “We believe most Tennesseans would not knowingly erode the legal protections of our state’s most frail citizens. We hope and expect that our legislators will not do so either.”

Tennessee Citizen Action is a non-profit consumer advocacy organization representing the interests of patients, who typically don’t have much voice on Capitol Hill.



 
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© 2007