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Suit
Against
ManorCare
Says
Nursing
Home
Chain
Systemically
Neglects
Patients
Activist
files
suit
on
behalf
of
elderly,
claiming
exploitation
and
abuse
LOS
ANGELES,
May
8,
2001--
A
lawsuit
filed
today
in
California
Superior
Court
accuses
ManorCare
Inc.,
one
of
the
nation's
largest
and
most
profitable
nursing
home
chains,
of
failing
to
meet
state
and
federal
minimum
standards
in
providing
nursing
care
to
thousands
of
elderly
residents
housed
in
nine
ManorCare
facilities
in
California.
The
suit
was
filed
on
behalf
of
the
general
public
by
Ila
Swan,
a
longtime
activist
for
nursing
home
reform,
and
involves
all
ManorCare
nursing
homes
in
California.
ManorCare
operates
300
nursing
homes
in
31
states
nationwide.
The
suit
alleges
that
ManorCare
systemically
failed
to
meet
the
standards
of
the
Nursing
Home
Reform
Act.
Passed
by
Congress
in
1987,
the
Nursing
Home
Reform
Act
mandates
that
a
nursing
home
``must
provide
services
and
activities
to
attain
or
maintain
the
highest
practicable
physical,
mental
and
psychosocial
well-being
of
each
resident
in
accordance
with
a
written
plan
of
care....''
Based
in
part
on
a
sampling
of
complaints
and
violations
confirmed
by
state
health
authorities,
the
suit
highlights
cases
of
ManorCare
staff
repeatedly
failing
to
respond
to
call
lights
and
forcing
patients
to
sit
in
their
own
waste
for
hours,
as
well
as
instances
of
patients
developing
necrotic
oozing
bedsores
from
unsanitary
conditions,
lack
of
turning,
and
malnutrition.
``When
you
look
at
ManorCare's
promotional
material,
you
see
an
organization
that
purports
to
deliver
the
highest
quality
of
care,''
said
Steve
Berman,
the
Seattle
attorney
representing
the
residents.
``They
use
the
words
`best'
and
`highest
quality'
when
they
lure
the
elderly
in,''
observed
Berman.
``The
allegations
of
the
complaint
paint
a
far
different
picture
--
one
of
abject
neglect
and
callous
disregard
for
the
human
condition.
``The
complaint
alleges
that
ManorCare
proudly
promotes
the
fact
that
the
company's
profit
margins
are
well
above
the
industry
average,''
continued
Berman.
``What
our
case
asserts
is
that
ManorCare
delivered
these
profits
by
instituting
high
patient-to-staff
ratios
and
low
quality
of
care.''
According
to
the
complaint,
ManorCare
has
received
dozens
of
California
Department
of
Health
Services
violations
and
deficiency
notices,
despite
knowing
about
inspections
in
advance.
Two
ManorCare
facilities
were
cited
for
poor
nutrition
that
put
residents
in
serious
jeopardy,
and
five
ManorCare
facilities
had
a
higher
degree
of
reported
pressure
sores
than
the
national
average.
Pressure
sores
are
a
strong
indication
of
neglectful
care.
``The
elderly
are
our
heritage
--
our
mothers,
our
fathers
and
our
grandparents,''
said
activist
Swan.
``ManorCare
nursing
homes
have
purposely
short-staffed
their
facilities
and
used
our
loved
ones
as
profit
units.
When
you
are
dealing
with
human
lives,
you
can't
put
profits
first.
These
elderly
are
living
in
pain
and
indignity
and
we
must
do
something
to
stop
it.''
Five
of
the
nine
ManorCare
facilities
named
in
the
suit
are
located
outside
the
Los
Angeles
and
San
Diego
areas,
while
the
other
four
are
scattered
throughout
northern
California.
Thousands
of
elderly
residents
live
in
the
nine
facilities
identified
in
the
complaint,
and
approximately
120,000
elderly
reside
in
California
nursing
homes.
The
suit
alleges
ManorCare
violated
the
California
Business
and
Professions
Code
by
engaging
in
unfair
and
fraudulent
business
practices,
as
well
as
untrue
and
misleading
advertising.
The
suit
points
out
examples
of
ManorCare's
false
and
deceptive
advertising.
ManorCare
advertises
that
``residents
receive
the
best
nursing
care
available''
although
ManorCare's
nursing
staff
and
certified
nursing
aides
woefully
lack
proper
training,
according
to
the
complaint.
ManorCare
also
advertises
that
patients
are
encouraged
to
``maintain
the
highest
degree
of
independence
at
all
times''
when
in
actuality
ManorCare
does
not
provide
adequate
toileting
assistance
to
keep
residents
continent,
the
suit
claims.
Ila
Swan,
a
national
advocate
for
nursing
home
reform,
is
filing
the
suit.
Swan
became
an
advocate
after
witnessing
her
mother
neglected
and
mistreated
at
a
Vacaville,
Calif.,
nursing
home.
Since
then
Swan
has
campaigned
throughout
the
country
for
nursing
home
reform
and
assisted
the
chairman
of
the
Senate's
Special
Committee
on
Aging,
Charles
Grassley,
in
an
investigation
of
California
nursing
homes.
Swan
also
has
created
two
documentaries,
Untold
Suffering
and
My
Soul
to
Keep,
containing
nursing
home
horror
stories
as
described
by
family
members.
The
suit
seeks
a
court
injunction
ordering
ManorCare
to
fully
comply
with
the
Nursing
Home
Reform
Act,
an
order
to
stop
deceptive
advertising
campaigns,
and
restitution.
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