Plano Star-courier > News
Nursing home agency denies resident’s complaint
By Stephanie Flemmons, Staff writer
A former long-term care facility resident is appalled at the state agency’s decision after he filed a formal complaint for negligence.
Richard Ward said the Texas Department of Aging and Disability Services ruled not to take any action against the facility he believes almost killed him.
“It strikes me as, you may have made a medication error that could have killed someone, but oh well,” Ward said. “We are not working on cars here, we are working on people.”
Ward’s formal complaint filed to the DADS alleged that the Life Care Center of Plano failed to administer the proper medication, which pushed him close to almost having his third heart attack.
Laura Albrecht, DADS press officer, said the agency conducted an investigation and based on the evidence they could not substantiate the claim.
“We have professionals that look into complaints, interview residents and review files,” Albrecht said. “We base these claims on regulations and what a facility is required to comply with per regulatory standards.”
When Ward admitted himself to Life Care, he said he provided the nursing staff with an itemized list of the types of medications he was required to take, what the dosages were and the actual medications.
Ward said the nursing staff failed to administer his Coumadin, but he did not realize it until two days later when the physician conducted her examination.
“When the doctor conducted her physical it was almost too late,” Ward said. “She panicked after the results from an INR test came back normal. A normal level for a person with my heart conditions is a dangerous place.”
Ward said the physician immediately ordered Lovenox injections and Coumadin. He said the four-hour wait to receive the injection was a nightmare.
“I felt like I was on the brink of death,” Ward said. “I panicked.”
That night on May 28, Ward said he received his required Coumadin, but the next day, he said, the errors kept occurring. He said he received his Lovenox the next morning, but did not receive it that night.
“Medication time is at 9 p.m. and I waited until 10:30 p.m. to ask the nurses,” Ward said. “They argued with me. I had to force them to look it up.”
Ward said they realized they made a mistake, but at that point he had had enough.
“I thought these people were going to kill me,” Ward said. “That was their last chance.”
The state agency ruled this claim as unsubstantiated or unverified.
According to the DADS investigation report, the physician reported that Ward was not in a crisis state when he was examined or she would have transferred him to a hospital for evaluation. She stated the resident was a direct admission from home and came with no medical records or admission report. The physician did admit to the state agency, however, that she did not realize Ward needed Coumadin until she examined him.
“I am flabbergasted,” Ward said. “I brought them a typed list of every medication that I picked up from the Medical Center of Plano before I admitted myself.”
Ward said after he discharged himself from Life Care, he reviewed his medical records and, ironically, the typed list was missing.
“They took it out because it showed blatant negligence,” Ward said. “All they had to do was lose one piece of paper and they wouldn’t look so bad.”
Ward’s second complaint alleged that the facility failed to maintain accurate clinical records, after his name was used incorrectly multiple times. DADS found that the facility did have his name incorrect, but they did not issue a citation.
“How would they know who they were giving medicine to if they did not have the patient’s correct name?” Ward said. “At some point they gave me medicine, without the correct name on my records.”
Ward, who wrote prescriptions for 20 years in the Army and as a civilian, said he is concerned that the state agency’s rulings on both claims proves future such rulings could take the life of an innocent person.
“You just can’t make a mistake like this and not have any repercussions,” Ward said. “If they are doing this to someone who is awake and alert and knows how to read medical records, I’m sure they are doing this to someone else. I’m not an isolated case.”
According to a DADS Intake Investigation Worksheet, the investigators conducted a pre-survey, reviewed Ward’s current clinical records and closed records, reviewed facility abuse/neglect investigations, conducted observation rounds, and conducted interviews with alert residents and with facility staff and family members.
Ward said they never contacted any of his family members or even asked him many questions regarding the claim.
“I told them what happened over the phone,” Ward said. “Someone contacted me once saying that I should receive an answer in 90 days.”
Ward said that 90 days turned into about eight months before he received a copy of the investigation ruling in the mail.
“Since the complaint was filed I called the contact person 5-10 times,” Ward said. “I only received one message back from her.”
Albrecht said this claim is currently under investigation.
According to DADS annual report, medication errors are No. 8 in their top 10 list for complaints.
But, according to DADS Quality Reporting System, in Plano three out of the five nursing facilities reviewed were in violation of medication or lab testing errors in 2008. The Life Care Center of Plano was not included in this surveyed deficiency.
“The QRS is only a tool to be utilized,” Albrecht said. “We don’t want people to use just this one tool when deciding where a loved one will be living.”
Albrecht said DADS takes every complaint seriously and hopes residents will report to the agency when facilities are out of compliance.
“If someone has information and believe a facility is not complying with regulations, we need to know,” Albrecht said. “The residents are the eyes and the ears of a facility.”
Ward said now that the complaints resulted in no action, he feels hopeless.
“Since there was no damaging outcome, I can’t file a lawsuit,” Ward said. “I would have had to have another heart attack, stroke or worse. I don’t understand this policing agency.”
Contact Stephanie Flemmons at sflemmons@acnpapers.com
Richard Ward said the Texas Department of Aging and Disability Services ruled not to take any action against the facility he believes almost killed him.
“It strikes me as, you may have made a medication error that could have killed someone, but oh well,” Ward said. “We are not working on cars here, we are working on people.”
Ward’s formal complaint filed to the DADS alleged that the Life Care Center of Plano failed to administer the proper medication, which pushed him close to almost having his third heart attack.
Laura Albrecht, DADS press officer, said the agency conducted an investigation and based on the evidence they could not substantiate the claim.
“We have professionals that look into complaints, interview residents and review files,” Albrecht said. “We base these claims on regulations and what a facility is required to comply with per regulatory standards.”
When Ward admitted himself to Life Care, he said he provided the nursing staff with an itemized list of the types of medications he was required to take, what the dosages were and the actual medications.
Ward said the nursing staff failed to administer his Coumadin, but he did not realize it until two days later when the physician conducted her examination.
“When the doctor conducted her physical it was almost too late,” Ward said. “She panicked after the results from an INR test came back normal. A normal level for a person with my heart conditions is a dangerous place.”
Ward said the physician immediately ordered Lovenox injections and Coumadin. He said the four-hour wait to receive the injection was a nightmare.
“I felt like I was on the brink of death,” Ward said. “I panicked.”
That night on May 28, Ward said he received his required Coumadin, but the next day, he said, the errors kept occurring. He said he received his Lovenox the next morning, but did not receive it that night.
“Medication time is at 9 p.m. and I waited until 10:30 p.m. to ask the nurses,” Ward said. “They argued with me. I had to force them to look it up.”
Ward said they realized they made a mistake, but at that point he had had enough.
“I thought these people were going to kill me,” Ward said. “That was their last chance.”
The state agency ruled this claim as unsubstantiated or unverified.
According to the DADS investigation report, the physician reported that Ward was not in a crisis state when he was examined or she would have transferred him to a hospital for evaluation. She stated the resident was a direct admission from home and came with no medical records or admission report. The physician did admit to the state agency, however, that she did not realize Ward needed Coumadin until she examined him.
“I am flabbergasted,” Ward said. “I brought them a typed list of every medication that I picked up from the Medical Center of Plano before I admitted myself.”
Ward said after he discharged himself from Life Care, he reviewed his medical records and, ironically, the typed list was missing.
“They took it out because it showed blatant negligence,” Ward said. “All they had to do was lose one piece of paper and they wouldn’t look so bad.”
Ward’s second complaint alleged that the facility failed to maintain accurate clinical records, after his name was used incorrectly multiple times. DADS found that the facility did have his name incorrect, but they did not issue a citation.
“How would they know who they were giving medicine to if they did not have the patient’s correct name?” Ward said. “At some point they gave me medicine, without the correct name on my records.”
Ward, who wrote prescriptions for 20 years in the Army and as a civilian, said he is concerned that the state agency’s rulings on both claims proves future such rulings could take the life of an innocent person.
“You just can’t make a mistake like this and not have any repercussions,” Ward said. “If they are doing this to someone who is awake and alert and knows how to read medical records, I’m sure they are doing this to someone else. I’m not an isolated case.”
According to a DADS Intake Investigation Worksheet, the investigators conducted a pre-survey, reviewed Ward’s current clinical records and closed records, reviewed facility abuse/neglect investigations, conducted observation rounds, and conducted interviews with alert residents and with facility staff and family members.
Ward said they never contacted any of his family members or even asked him many questions regarding the claim.
“I told them what happened over the phone,” Ward said. “Someone contacted me once saying that I should receive an answer in 90 days.”
Ward said that 90 days turned into about eight months before he received a copy of the investigation ruling in the mail.
“Since the complaint was filed I called the contact person 5-10 times,” Ward said. “I only received one message back from her.”
Albrecht said this claim is currently under investigation.
According to DADS annual report, medication errors are No. 8 in their top 10 list for complaints.
But, according to DADS Quality Reporting System, in Plano three out of the five nursing facilities reviewed were in violation of medication or lab testing errors in 2008. The Life Care Center of Plano was not included in this surveyed deficiency.
“The QRS is only a tool to be utilized,” Albrecht said. “We don’t want people to use just this one tool when deciding where a loved one will be living.”
Albrecht said DADS takes every complaint seriously and hopes residents will report to the agency when facilities are out of compliance.
“If someone has information and believe a facility is not complying with regulations, we need to know,” Albrecht said. “The residents are the eyes and the ears of a facility.”
Ward said now that the complaints resulted in no action, he feels hopeless.
“Since there was no damaging outcome, I can’t file a lawsuit,” Ward said. “I would have had to have another heart attack, stroke or worse. I don’t understand this policing agency.”
Contact Stephanie Flemmons at sflemmons@acnpapers.com
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