Nursing home is targeted in action

Complaint filed, alleges patient suffered trauma

By Staff reports
Posted Jun 12, 2009 @ 08:35 AM

  An Alabama-based law firm attorney, in conjunction with a Little Rock counterpart, has filed a complaint in Jefferson County Circuit Court against White Hall Nursing and Rehab Center, alleging the facility “misrepresented the skill and number of its nursing staff in order to qualify for government funding” and causing a specific patient to suffer “emotional and physical trauma.”
    The Beasley Allen firm notified The Journal in an e-mail of its action, stating that Beasley Allen attorney J.P. Sawyer filed the action along with Little Rock attorney Robert M. Sexton of the Rainwater, Holt and Sexton, P.A. firm.
    The complaint states the defendants “held themselves out to the Arkansas Department of Human Services (DHS) and the public at large as being properly staffed, supervised and equipped to meet patient needs with a skilled nursing, rehabilitative and medical support staff, in an effort to have government-funded patients placed at the nursing facility.”
    But, the complaint continued, the defendants “actually hired and retained unqualified and untrained nursing staff and was understaffed, and was unable to provide even the minimum standard of care to the weak and vulnerable residents. As a result, Frank Mayweathers suffered emotional and physical trauma as his health deteriorated and he developed severe bedsores from the neglect.”
    The complaint alleges medical malpractice, negligence, and violations of the Arkansas Long Term Care Residents’ Rights Statute, according to the news release.
    “It is absolutely shameful that a facility with the responsibility to care for the most vulnerable people would put profits first and knowingly place their patients’ health in jeopardy,” Sawyer charged, “not to mention the humiliation Mr. Mayweathers endured as he was neglected and ignored.”
    Donna Morton, administrator of the nursing home, provided the following written response when questioned on the matter:
    “White Hall Nursing and Rehabilitation Center is legally prohibited from responding to the allegations made by the attorneys representing the family of Mr. Mayweathers due to a federal privacy statute entitled the Health Insurance Portability and Accountability Act (HIPPA) of 1996, which prohibits the disclosure of protected health information by a health care provider under these circumstances.
    “The family and their attorneys are not subject to the same legal restrictions, and are accordingly able to provide their opinions regarding Mr. Mayweathers' care and treatment through this release. While it cannot comment about the specific facts pertaining to Mr. Mayweathers, White Hall Nursing and Rehabilitation Center stands by the quality of care that it's residents receive in the facility, and also stands by the quality, qualification, and amount of staff employed by the facility.”

  An Alabama-based law firm attorney, in conjunction with a Little Rock counterpart, has filed a complaint in Jefferson County Circuit Court against White Hall Nursing and Rehab Center, alleging the facility “misrepresented the skill and number of its nursing staff in order to qualify for government funding” and causing a specific patient to suffer “emotional and physical trauma.”
    The Beasley Allen firm notified The Journal in an e-mail of its action, stating that Beasley Allen attorney J.P. Sawyer filed the action along with Little Rock attorney Robert M. Sexton of the Rainwater, Holt and Sexton, P.A. firm.
    The complaint states the defendants “held themselves out to the Arkansas Department of Human Services (DHS) and the public at large as being properly staffed, supervised and equipped to meet patient needs with a skilled nursing, rehabilitative and medical support staff, in an effort to have government-funded patients placed at the nursing facility.”
    But, the complaint continued, the defendants “actually hired and retained unqualified and untrained nursing staff and was understaffed, and was unable to provide even the minimum standard of care to the weak and vulnerable residents. As a result, Frank Mayweathers suffered emotional and physical trauma as his health deteriorated and he developed severe bedsores from the neglect.”
    The complaint alleges medical malpractice, negligence, and violations of the Arkansas Long Term Care Residents’ Rights Statute, according to the news release.
    “It is absolutely shameful that a facility with the responsibility to care for the most vulnerable people would put profits first and knowingly place their patients’ health in jeopardy,” Sawyer charged, “not to mention the humiliation Mr. Mayweathers endured as he was neglected and ignored.”
    Donna Morton, administrator of the nursing home, provided the following written response when questioned on the matter:
    “White Hall Nursing and Rehabilitation Center is legally prohibited from responding to the allegations made by the attorneys representing the family of Mr. Mayweathers due to a federal privacy statute entitled the Health Insurance Portability and Accountability Act (HIPPA) of 1996, which prohibits the disclosure of protected health information by a health care provider under these circumstances.
    “The family and their attorneys are not subject to the same legal restrictions, and are accordingly able to provide their opinions regarding Mr. Mayweathers' care and treatment through this release. While it cannot comment about the specific facts pertaining to Mr. Mayweathers, White Hall Nursing and Rehabilitation Center stands by the quality of care that it's residents receive in the facility, and also stands by the quality, qualification, and amount of staff employed by the facility.”

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