Showing posts with label FATE. Show all posts
Showing posts with label FATE. Show all posts

Monday, November 15, 2021

FLORIDA LAW ON PUNITIVE DAMAGES BEING CONTESTED AGAIN


 Debbie Dahmer of Florida never gives up. Her father, professional wrestler George “Chief White Owl” died from poor care and neglect in a Florida nursing home back in 2012.

After years of litigation, the Dahmer family won a civil lawsuit that included punitive damages. However, they discovered that there was a law in Florida that allowed the State of Florida to get 50% of any punitive damage award in a civil lawsuit.

This means that the department that is to oversee nursing homes in Florida gets a reward for not protecting Mr. Dahmer while he was abused in a Florida nursing home.

This did not seem ethically right, and possibly unconstitutional, to Debbie so she began her quest to have the law repealed. Debbie reached out to FATE to assist her in her mission, which we gladly did and have worked with her each year since then to have this law repealed. That was six years ago and the bill was voted down each year. Debbie did not give up and neither did FATE or Representative Amber Mariano, who has authored the bill each year. During this process, FATE learned that there are other states that have the same law on the books. The Florida Department that receives the funds is not in favor of having this law repealed. We will continue with this mission to get the law ousted in Florida and then attempt to have the other states repeal the same type of legislation.

Full Article & Source:

Wednesday, January 23, 2019

Tonight on Marti Oakley's TS Radio Network: Betrayed by Hospice with Marsha Joiner

Join us on January 23, 2019 at 5:00 p.m. PST, 8:00 p.m. EST with our guest speaker Carole Herman, the founder of Foundation Aiding the Elderly (FATE) whose mission is to assure our elders are treated with care, dignity and the utmost respect during their final years when they can no longer take care of themselves.

She and her team have helped many families across the country and filed hundreds of complaints with regulatory agencies responsible for overseeing medical practice and procedures in nursing homes. FATE continues to report abuse violations to the proper authorities and initiate advocacy action to improve care of the elderly. Additionally, FATEs objective is to bring about national reforms and enforce the laws governing homes for elderly.

You can dial in at 917.388.4520 or click on the link to listen at any time. All Marti Oakley radio shows are archived. Please spread the word so we can warn others and save people.

LISTEN to the show live or listen to the archive later

Friday, March 9, 2018

Tonight on Marti Oakley's T. S. Radio: Guest Carole Herman (Foundation Aiding the Elderly)







5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST…

Foundation Aiding the Elderly (FATE) is a Sacramento, California based 501(c)(3) Nonprofit Corporation whose objective is to serve as a voice for patients and to bring about national reforms and enforcement of the laws governing the nursing home industry and its regulatory agencies in order to assure proper care, civil rights and meaningful, dignified life for the elderly in long-term care facilities.

FATE’s Mission is to assure our elders are treated with care, dignity and the utmost respect during their final years when they can no longer take care of themselves.

Florida Senate Bills for Nursing Home Improvements that have DIED in the Senate! Who Would Be AGAINST Improving Quality of Care & Rights of the Elderly in Nursing Homes and Assisted Living Facilities? This is a DISGRACE To The HUMAN Race! The Elderly are getting KICKED to the CURB once AGAIN! Totally UNJUST & INHUMANE… Bring back the Dignity and Respect for the Elderly where it belongs! OUR AGES DON’T STOP HERE! The CLOCK Keeps TICKING! All the Elderly were once our ages. NOT A PRETTY PICTURE OUT THERE! What are we going to do about it? Who’s going to STAND UP and SPEAK OUT for all of us when we become the Elderly if God is Willing? Doesn’t look promising. These changes are for now and everyone’s futures.. We never know what the future brings.. or do we?

Nursing Home Understaffing http://www.nursinghomeabuseguide.org/neglect/understaffing
One underlying cause of elder abuse and neglect that affects nursing homes all across the country is the issue of understaffing. When nursing facilities do not have enough staff to give each patient adequate attention, it leads to mistakes and neglect. At the same time, when staff is extremely overworked and stressed, there is a greater risk that they will commit abusive acts out of frustration.

Understaffing is a serious issue that has plagued nursing homes for decades, and more than 90% of nursing homes are currently understaffed. Studies have proven that residents who live in understaffed nursing homes are at a greater risk of malnutrition, weight loss, bedsores, dehydration, infections, and pneumonia. Families of elderly patients are increasingly noticing this problem and are starting to hold nursing homes responsible for the abuses that occur as a result.

LISTEN to the show live or listen to the archive later

Sunday, November 27, 2016

I-Team Update: Broken System, Call to Action

"I'm hopeful to still get her released, but I'm not deceiving myself either."

Two of her family members petitioned a Scott County court to make her a ward of the state and since then three of her daughters have been working to get it terminated. We've been following the tale of Pauline Williams' guardianship for more than two years.

But now, Williams' story and others like it have a pair of local lawmakers ready to help.

Mainzer and other concerned family members recently sat down with State Senator Wayne Wallingford and State Representative Holly Rehder.

"They were both very interested, very shocked at what they learned. And both said that they were willing to talk together and see what the pathway was”, Mainzer said.

"There are so many families in Missouri that are experiencing these same problems," Representative Rehder said during a recent interview on her meeting with Mainzer and efforts to reform Missouri’s Guardianship system.

Rehder and Wallingford will both pre-file bills in December that aim to improve the process. The measures would start by bringing in the Health Department on home screenings.

"It requires the Department to also have the Health Department come and present another signature,” Rehder explained. "So, instead of just one signature, just one person making that decision making that call to remove someone from a home, it also takes the Health Department to also come in, do an inspection, and say yes this home is unfit or unhealthy, or to say no it isn't."

The bills also put the wishes of the ward first.

"So, if I'm being removed from my home and I'm elderly and I say, well I want my daughter to take care of me, then the court has to allow that if the daughter is willing."

Rehder also questioned the process that has family members face the same judge each time they petition to have a loved one removed from a guardianship.

"I find it very concerning that family members who have the means to take care of their parent and are petitioning the court and getting it denied by the same judge. It seems to me there should be another path, another look, another set of eyes on that previous case,” Rehder said.

In the meantime, Mainzer continues documenting her mom's condition in photos and videos and facing more accusations of invading her mother’s privacy.

It happened at the Sikeston Convalescent Center last month.

"I had been taking video of her and I was approached by four staff,” Mainzer recalled. “And one of them had a piece of paper in their hand and said we have a report that you're videotaping. And we're going to have to report that because that's a form of mental abuse. And you're not allowed to do that in this facility."

Mainzer then showed me a copy of the notice staffers gave her. It is a notice posted for staff members, not for visitors.

“Each resident must be free from all types of abuse, including mental abuse,” it reads. “Mental abuse included, but is not limited to, abuse that is facilitated or caused by nursing home staff taking or using photographs or recordings in any manner that would demean or humiliate a resident.”

Mainzer believes staffers gave her a copy of their own video policy for one reason.

"To intimidate me, to tell me to stop."

We went to the Sikeston Convalescent Center to find out what the actual picture and video policy is.

We met with the administrator, who asked us not to use his name.

He showed us a framed notice just inside the front door.

It was the same staff notice given to Mainzer.

When we questioned him on this, he then gave us a printout from the home’s policy manual.

It reads as follows:

“Written consent must be obtained from the resident or representative prior to photographing the resident for all purposes except abuse, neglect or emergencies, and photography obtained for personal/family use."

The administrator said, since Mainzer has posted pictures and videos of her mom online, he believed she must have signed consent from her mom's guardian, Public Administrator Paula Scobey.

His staff, he said, should have given Mainzer a copy of this policy. He said they are doing their best to maintain Ms. Williams' right to privacy.

"She's been terribly abused. My opinion, as an advocate, she's been terribly abused," Carole Herman said of Pauline Williams.

Out in California, Herman's Foundation Aiding the Elderly filed a second complaint against the nursing home on Williams’ after dehydration and other medical issues led to two more hospital stays. Herman said Scobey should be doing what she's doing.

"Absolutely! She is responsible for Ms. Williams' care. I'm concerned about the state, and I'm also concerned about the guardianship and how Ms. Scobey is not living up to her duties."

Teala Mainzer's not giving up.

She's hoping interest in Jefferson City can lead to needed changes in a broken system.

But, she wonders if those changes will come in time for her 87-year-old mother.

"Time is not on her side. Time is not on my side. Time is on the court's side because if things are delayed, if things continue, then she will languish in guardianship until she dies."

We sent a list of questions to Public Administrator Paula Scobey the week prior to this report.

Does she believe Pauline Williams is getting proper care?

Does Williams tell her she wants to be with her family?

We received a letter from her attorney in response. You can read it here.

Source:

Sunday, April 10, 2016

Tonight on T.S. Radio: FATE (Foundation Aiding the Elderly), Carole Herman, Founder/President



Guest will be: Carole Herman-President and Founder of Foundation Aiding the Elderly (FATE)

Foundation Aiding the Elderly (FATE) is a Sacramento, California based 501(c)(3) Nonprofit Corporation whose objective is to serve as a voice for patients and to bring about national reforms and enforcement of the laws governing the nursing home industry and its regulatory agencies in order to assure proper care, civil rights and meaningful, dignified life for the elderly in long-term care facilities.

On FACEBOOK: https://www.facebook.com/4fate.org/?fref=ts
Carole will be discussing these two Florida Statutes:

FS 400.0238 Punitive Damages: Limitations (5)This section is remedial in nature and shall take effect upon becoming a law.

FS 400.0239 Quality of Long-Term Care Facility Improvement Trust Fund. (2) b Development and implementation of specialized training programs for long-term care facility personnel who provide direct care for residents with Alzheimer’s disease and other dementias, residents at risk of developing pressure sores, and residents with special nutrition and hydration needs.



SHOCKING NURSING HOME ABUSE & DEATH OF WRESTLING LEGEND LEADS TO CALLS TO TIGHTEN OVERSIGHT

Wrongful Death Victims Families MANDATED to PAY 50% of Punitve Damages awarded by Jurors to Help Improve The Quality of Care in Nursing Homes. Totally Unjust and Unjustifiable.

*** Call to Action*** Florida Residents: Contact Your State Reps and Request REPEAL & REFUND Wrongful Death Victims Family of these two unjust Florida Statutes for 2017 Legislation.

LISTEN LIVE or listen to the archive later

Sunday, January 3, 2016

A Request from Debbie Dahmer

Please take some time and read this 2015 Newsletter from FATE (Foundation on Aiding the Elderly), linked below.  It has some disturbing and shocking news for the elderly.

There is an article on my father, George Dahmer, (aka Pro Wrestler Chief White Owl): Wrongful Death and Injustice Punitive Damages that my mother is mandated (by a little-known Florida statute) to pay. 50% of punitive damages awarded to my Mother for the wrongful death of my Father have to be paid to improve the quality of care in nursing homes.

What a joke !! What kind of world do we live in? The nursing home was charged guilty on all counts of wrongful death in November 2012. The nursing home appealed the punitive damages three times and lost all three appeals.  The Dahmer family won all the way.

This Florida Statute needs to be repealed!! This is absurd, ridiculous, unjustifiable, unfair, unjust and totally wrong in the first degree!  No family victims who win wrongful death lawsuits should have to pay 50% of punitive damages to nursing homes to be used for better care.

What is your opinion on this?

 ~Debbie Dahmer
   F.A.T.E. Foundation on Aiding the Elderly

Sunday, November 8, 2015

Tonight on T. S. Radio: Speaking up for the Elderly!




Guest will be: Carole Herman – President and Founder of FATE -Foundation on Aiding the Elderly, (blogs in the Huffington Post).

Discussion first hour will be the FS 400.0238 Punitive Damage Limitations and FS 400.0239 Quality of Long Term Care Facility Improvement Trust Fund. The Estate of George A. Dahmer aka Former Pro Wrestler Chief White Owl – Plantiff’s wife mandated to pay 50% of Punitive Damages to Agency for Health Care Administration for Quality of Long Term Care Facility Improvement Trust Fund. Family was not notified until 7 years later. No Jurors, Family members, or anyone in court was notified of the Civil Money Penalty Projects back in a Jury Trail in Nov-2012. Nursing Homes can apply for Grants to improve their care facilities. States that are included in CMS- Centers for Medicare & Medicare Services

Grants are Florida, Alabama, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.

FS 400.0238 Punitive Damages Limitations.
This section is remedial in nature and shall take effect upon becoming a law.

FS 400.0239 Quality of Long Term Care Facility Improvement Trust Fund

(a) Development and operation of a mentoring program, in consultation with the Department of Health and the Department of Elderly Affairs, for increasing the competence, professionalism, and career preparation of long-term care facility direct care staff, including nurses, nursing assistants, and social service and dietary personnel.

(b) Development and implementation of specialized training programs for long-term care facility personnel who provide direct care for residents with Alzheimer’s disease and other dementias, residents at risk of developing pressure sores, and residents with special nutrition and hydration needs.

(c) Addressing areas of deficient practice identified through regulation or state monitoring.

(d) Provision of economic and other incentives to enhance the stability and career development of the nursing home direct care workforce, including paid sabbaticals for exemplary direct care career staff to visit facilities throughout the state to train and motivate younger workers to commit to careers in long-term care.

Founded on August 20, 1984 http://www.4fate.org
FATE’s mission is to assure our elders are treated with care, dignity and the utmost respect during their final years in long-term care facilities. For the last 32 years the objective of the Foundation Aiding the Elderly (FATE) is to serve as a voice for patients and to bring about national reforms and enforcement of the laws governing the nursing home industry and its regulatory agencies in order to assure proper care, civil rights and meaningful, dignified life for the elderly in long-term care facilities.

Goals Are:
1. Enhance national awareness of the pattern of abuse frequently found in elderly care institutions.
2. Protect the elderly in their remaining years.
3. Initiate advocacy action to improve the care and supervision of the elderly.
4. Report abuse and neglect violations to the appropriate authorities.
5. Follow up to see that corrections and redress occur.
6. Provide a forum to support legal action on behalf of patients and their families.
7. Provide a public service of referrals for senior issues.
8. Provide tools, resources and leadership to other advocacy leaders and groups.
9. Raise funds to help support grass roots advocacy organizations assisting the elderly.

Foundation Aiding the Elderly (FATE) is a Sacramento, California based 501(c)(3) Nonprofit Corporation whose objective is to serve as a voice for patients and to bring about national reforms and enforcement of the laws governing the nursing home industry and its regulatory agencies in order to assure proper care, civil rights and meaningful, dignified life for the elderly in long-term care facilities.

FATE’s Mission is to assure our elders are treated with care, dignity and the utmost respect during their final years when they can no longer take care of themselves.

4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST
LISTEN LIVE or listen to the archive later

Tuesday, June 23, 2015

Chemical Restraints: Anti-psychotic meds given to elderly despite warnings

45 area nursing homes rate below average for the use of antipsychotic drugs

It's estimated one out of every three elderly nursing home residents diagnosed with dementia is prescribed antipsychotic medication. That's according to studies by the Centers for Medicare and Medicaid Services and the Government Accountability Office. The drugs continue to be given to older adults in the facilities despite FDA warnings over the past decade that certain types of the drugs can be deadly.

Marisa Conover, of Fair Oaks, said her mother Genine Zizzo was given antipsychotic medication at a nursing home in 2012, even though she was promised the drug would not be used to treat Zizzo.

As documented in a coroner's investigative report, Conover also said she thinks the drugs contributed to her mom's death just 12 days after she was admitted to Roseville Point Health and Wellness Center.

That investigative report, as well as medical records from Kaiser, said Zizzo went into Roseville Point needing physical therapy after she fell at her home. The report goes on to say Zizzio left less than two weeks later after slipping into a "vegetative state" and then a "coma." Zizzo's death certificate reports she had "multiple organ failures."


Fighting for Change

A Sacramento County elders rights watchdog group, largely funded by private donations, said its seen cases like this before. Carole Herman's Foundation Aiding the Elderly represents nursing home abuse and neglect victims.

Carole Herman 
Herman has accumulated a 20-foot by 20-foot storage room full of cases since she founded the non-profit in 1982. She said medicare and medicaid pay for a vast majority of all nursing home treatment for the elderly.

"Our tax dollars are what's paying for this shoddy care," Herman said. "And for making all of these nursing home operators very wealthy."

The antipsychotic drugs are classified as heavy tranquilizers and have been linked to heart failure, according to the FDA. The agency placed a warning label on the drug Haldol. That's the same medication that Roseville Point injected into Zizzo.  (Continue Reading)

Full Article & Source:
Chemical Restraints: Anti-psychotic meds given to elderly despite warnings

Monday, June 15, 2015

Tonight on a special T.S. Radio: World Elder Abuse Awareness Day



















4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST


Our guests:
Joseph Roubicek – Elderly Criminal Exploitation
Gianna Nicoletti– Elder Abuse Resident
Patrice Gilgan – Gerald’s Story- Father was a victim of Elder Abuse 
Don Janke – Elder Abuse Resident
Marisa Conover -Mother was a victim of Felony Elder Abuse
Marian Hollingsworth – Father was a victim of elder abuse.
Carole Herman – Founder and President of FATE – Foundation Aiding the Elderly
Deirdre Gilbert– Dickson, National Director of National Medical Malpractice Advocacy
LISTEN LIVE or listen to the archive later

Thursday, April 16, 2015

Tonight on T.S. Radio: Marti Oakley's special guest is Carole Herman

After a three-year uphill battle with apathetic officials, files that mysteriously disappeared, several closures of her Aunt’s case with no action, and a pattern of stonewalling by state agencies created to protect patients from abuse and poor care, two things happened: The district administrator of the agency that licensed and monitored nursing homes was fired and Carole Herman, who fought the system for three years, founded FATE, Foundation Aiding The Elderly.

Carole protects the weak, fights the powerful, demands government do its job and doctor's to fulfill the Hippocratic Oath.

In October 2001 Carole was a Volunteer Spirit Award winner receiving the Lifetime Achievement Award for her work with FATE on behalf of the elderly and in February 2002 Carole was presented with a Resolution from the Sacramento County Board of Supervisors for "her dedication and care for the elderly of our community."

Today, FATE has affiliated organizations and colleagues fighting elderly patient's rights in Texas, Kansas, Ohio, Tennessee, Illinois, Nebraska, Oklahoma and South Carolina. FATE has helped families all over the country.

Civil actions have been filed on behalf of patients and their families. And the movement to illuminate and reverse the all-too-common incidents of abuse such as neglect, psychiatric drugging and criminal assaults of the elderly is growing.

FATE fulfills a vital and increasing need of providing direct action advocacy and education that will ensure that care is received with the dignity that everyone deserves.
Website: http://www.4fate.org/html/about_fate.html

4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST

LISTEN LIVE or listen to the archive later

Sunday, November 10, 2013

California sued over lagging nursing home inspections


A Sacramento advocate for the elderly is suing the state for allegedly endangering vulnerable residents by failing to promptly investigate nursing home complaints, according to a lawsuit filed Tuesday in San Francisco.

The suit, brought by the Sacramento-based Foundation Aiding the Elderly, accuses state regulators of “taking months and sometimes years” to complete investigations of nursing homes and other long-term care facilities. Filed in San Francisco Superior Court, the lawsuit names the California Department of Public Health and two top administrators.

“This is jeopardizing all patients,” said Carole Herman, president of FATE. “The industry is not afraid of the regulators, they are so lax in their responsibilities.”

Corey Egel, spokesman for the Department of Public Health, said the department could not comment on pending litigation. The lawsuit, filed by the Lexington Law Group, a San Francisco public interest law firm, seeks a court order requiring the state to “complete complaint investigations and the complaint appeal process in a timely manner.” The lawsuit asks the court to impose deadlines or enforce existing ones on the complaint process. And, it asks that the court compel the department to prepare an annual report detailing the timeliness of its complaint investigations.

Herman said she pursued legal action because “it’s the only way the state is going to pay attention.”

The lawsuit cites Herman’s personal experiences with the department in filing complaints on behalf of nursing-home clients. One case filed by Herman in October 2011, which involves “serious allegations of negligent medical treatment,” remains unresolved, the lawsuit states. Two other investigations involving “serious allegations of sexual and/or physical abuse against an elder” have been pending since February 2012, according to the suit.

According to the lawsuit, the delays endanger residents and make it less likely a facility’s underlying problems will be addressed. The issues raised often need to be resolved quickly, before more harm can occur, witnesses’ memories fade – or witnesses die, the suit states.

Full Article and Source:
California sued over lagging nursing home inspections