Elder Abuse in a California Nursing Home

Nursing Home Chain Fined $2 Million for Abuse

LOS ANGELES and SANTA BARBARA, CA — August 23, 2002 — The nation’s largest nursing home chain, Beverly Enterprises, Inc., agreed to a settlement of $2 million in civil and criminal penalties for engaging in elder abuse and providing substandard care, according to a press release by California Attorney General Lockyer. The case stems from the deaths of two frail, elderly residents at the Beverly La Cumbre nursing home in Santa Barbara, California.

Beverly Enterprises pleaded “no contest” to the felony elder abuse of Laura Simmons, a 102–year–old resident who received poor nursing care that led to her death from severely infected bedsores. It also admitted responsibility for the death of William Marthai, who suffered complications from improper tube feeding.

State nursing home regulators have pointed out patients suffering from major bedsores, dehydration, malnutrition, and improper medication. As part of the settlement, Beverly Enterprises agreed to chain–wide improvements such as increased staff training, adequate staffing levels, more attention to individual resident care, revised review procedures, and annual progress reports to the Attorney General. The corporation would be subject to penalties of up to $6,000 per violation for failing to satisfy these requirements.

Differing Views of the Settlement’s Effects

“This case is about corporate accountability and protecting Californians who deserve and depend on compassionate and quality care in nursing homes,” Lockyer said. “...this settlement holds the state’s second largest nursing home chain accountable for delivering quality care to the more than 13,000 elderly and dependent Californians living in Beverly nursing homes across the state.”

But the families of nursing home residents may have a somewhat different view. “These places should be shut down. You can’t just give them a slap on the wrist,” said Joan Sheppard, whose 98–year–old mother spent three years at Beverly Manor in Canoga Park (Los Angeles Times, August 3, 2002). “Thank God somebody finally nailed them, but $2 million is not nearly enough.”

You may also be concerned about a relative’s care in a nursing home or other long–term care facility. Please feel free to contact the attorneys at Brayton Purcell to learn more about your loved one’s legal rights. We are experienced in all facets of elder abuse law, including nursing home violations and inadequate pain management issues.

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