Tuesday, May 18, 2010

Advocating for Persons With Disabilities

Cathy Ludlum says she has a great life, but since childhood she's been aware not everyone thinks so.

She remembers being 5, sitting in her wheelchair as people in the supermarket looked at her and shook their heads. She wondered how she could tell them she was not to be pitied.

Years later, in the hospital, Ludlum overheard the staff talking about her, assuming she led a tragic life in an institution, even though the medical chart said otherwise — she lived on her own and ran a consulting business despite a neuromuscular disease that took away her ability to move.

"People like me are at enormous risk when we're in the hospital or otherwise disempowered," Ludlum said.

Ludlum, 47, of Manchester, believes misconceptions about people with severe disabilities can lead medical workers to give them less aggressive lifesaving options. Doctors might think they would not want to live if they were in the patient's condition and assume the patient feels the same, she said. Or medical workers might see a disability as a fatal condition, even if it is not.

That makes her wary of an effort in Connecticut to let terminally ill patients end their lives through medication prescribed by doctors.

Two Fairfield County doctors, backed by a national group, have asked a Superior Court judge to declare that state law does not prohibit doctors from prescribing lethal doses of medication to mentally competent, terminally ill patients who request it. They say doing so is not assisted suicide because the patient is already dying, making the question not if he or she will die, but when.

Ludlum and other advocates for people with disabilities are seeking to intervene in the case.

The concept — giving people in pain control over their dying processes — may sound sympathetic, Ludlum said. But she and other advocates fear the reality will be more complex, and could leave people who have severe disabilities vulnerable. They worry about the law being misapplied — for example, if a person with a disability asks for help dying but is not terminally ill — and about the ideas such a policy would foster about the worthiness of a life lived with diminished capacity.

Full Article, Online Poll, and Source:
Doctors' 'Right-To-Die' Efforts For Terminally Ill Patients Worry Advocates For People With Disabilities

'Tara's Law' Will Protect Disabled From Abuse

Alocal family’s quest for justice after the death of their young relative has resulted in landmark legislation signed into law that will protect developmentally disabled people who are in the care of the state.

“This is a great first step,” said Sen. JenniferBeck (R-12th District), a primary sponsor of the bill, in an interview on May 7. “It’s hard to believe that there was no formal system in place to prevent abusers from continuing to be part of the provider system until now.”

On April 30, Gov. Chris Christie signed the bill that creates an internal registry within the Department of Human Services (DHS) of caregivers who have been found to have abused people with developmental disabilities under their care.

“Abuse at the hands of a caregiver is a reprehensible action,” Christie said in a statement. “The legislation that I am signing today is an important tool to help safeguard those with developmental disabilities from harmful caregivers taking advantage of their position. Equally important, this new law will prevent these custodians from gaining re-employment or continuing participation in human services-funded programs.”

Senate Bill S-825, known locally as Tara’s Law, requires the DHS to maintain a confidential registry of paid caregivers and volunteers who have been determined to have abused, neglected or exploited any service recipient of the DHS Division of Developmental Disabilities (DDD). This includes those employed as caregivers in facilities licensed, contracted or regulated by the DHS.

Full Article and Source:
Tara's Law Will Protect Disabled From Abuse

See Also:
Two Indicted for Neglect of Tara O'Leary

Monday, May 17, 2010

Bishop Clark: No Attempt to Shorten Patient's Life

Several advocacy organizations, such as the National Association to Stop Guardian Abuse (NASGA), ultimately became involved in the [Gary Harvey] case.

According to a report (my emphasis),

In a January, 2010 letter to Bishop Matthew Clark in the Roman Catholic Diocese of Rochester, NASGA president, Elaine Renoire, cited: "The guardian attempted to terminate his life and would have been successful had Mrs. Harvey not taken it to the media. St. Joseph's Hospital's Ethics Committee chose to participate in what would have been Gary Harvey's execution rather than prevent it. NASGA is asking you to find out why."

Bishop Matthew Clark responded nearly one month later saying, "I am convinced that St. Joseph Hospital complies with the Ethical and Religious Directives for Catholic Health Care Services, that the Hospital is complying with the Order of the Court, and that there has been no attempt to shorten Mr. Harvey's life."

It would seem that our bishop does not equate the recommendation to remove a feeding tube with an attempt to shorten a patient's life.

Full Article and Source:
Bishop Clark: No Attempt to Shorten Patient's Life

Sara Harvey Continues Fight to Bring Her Husband Home

Horseheads, New York, resident, Sara Harvey is in year four of her fight to bring husband, Gary Harvey , home despite direct opposition from his appointed guardian, Chemung County. Harvey has been detained at the Elmira based St. Joseph Hospital as a patient since May, 2009, even though his care can be administered safely at home by his wife. In a recent interview with WLEA's Kevin Doran, Mrs. Harvey described the events and circumstance which have left her powerless to help her husband and provided her only six hours each week of guarded visitation. "I simply want to bring my husband home so I can care for him for the remainder of his life," said Harvey.

Advocacy organizations, the Terri Schindler Schiavo Foundation (TSSF), the National Association to Stop Guardian Abuse (NASGA) and Veterans Today have become publicly involved in order to bring Gary Harvey home under his wife's care.

Full Press Release and Source:
New York Woman Continues Fight to Bring Veteran Husband Home From Local Catholic Hospital

See Also:
Sara Harvey and Stewart Resmar Radio Interview

Help Bring Gary Home!

Jury Awards $29.1 Mil in Nursing Home Death

Jurors have determined a Northern California-based nursing home chain should pay nearly $30 million in damages over the death of a 79-year-old former Stockton woman.

The award comes after the Sacramento County Superior Court jury on Wednesday found Colonial Healthcare of Auburn and its parent company, Rocklin-based Horizon West Healthcare Inc., guilty of elder abuse in the 2005 death of Frances Tanner.

After hearing testimony about the company's finances, jurors on Thursday determined the companies should pay $28 million in punitive damages to Tanner's estate and her daughter, Elizabeth Pao.

The punitive damages are in addition to the $1.1 million in compensatory damages the jury awarded.

Pao said Tanner was suffering from mild dementia, when she moved into the home in March 2005. After suffering a broken hip in a fall seven months later, Tanner died from an infected bedsore, Pao said.

During the trial, jurors heard testimony of chronic understaffing and poor medical documentation at the facility.

Full Article and Source:
Jury Awards $29.1 Million in Nursing Home Death

Sunday, May 16, 2010

Danny Tate Awareness Days Announced

We’re dumbstruck at how much work Kevin Montgomery and Friends For Danny Tate’s Defense have put into this three day extravaganza. It’s nothing short of amazing.

Check it out!!!


Schedule of Events

Source:
Free Danny Tate!!!

See Also:
Facebook: Friends for Danny Tate's Defense

TX Families Testify at State Senate

North Texas families testified at a State Senate committee hearing in Austin hoping to change the Texas guardianship system.

Sharon Richardson's mother, Earnestine Starks, is living at a nursing home. The Mesquite woman lost guardianship last year after having several disputes with the facility's staff over her mother's care.

A Tarrant County judge revoked the guardianship in an ex-parte hearing. The legal maneuver lets a judge issue an order or verdict without all parties being present.

Richardson wants to change that law.

Richardson and other families struggling with guardianship removal also want to improve procedures. They say the system works against families, forcing them to hire their own attorneys if they want to challenge a judge's decision.

Some have spent thousands trying to appeal their cases. The Richardson family told us they don't have the money to hire a lawyer.

Health and Human Services Committee member Sen. Royce West (D-Dallas) told News 8 the testimony in Wednesday's hearing warrants additional inquiry, and he promised that the committee will look into it further.

Full Article, Video, and Source:
Legislative Panel Heard Guardianship Pleas

Man Found Guilty in Bedsore Death of his Mother

A man was found guilty Tuesday of second-degree manslaughter in the death last year of his 88-year-old mother, which prosecutors called one of the most horrific cases of elder abuse they have ever seen.

Jurors in King County Superior Court had been deliberating for about a day before returning the verdict against Christopher Wise, 42. At the same time, the jury found Wise not guilty of second-degree murder and first-degree manslaughter.

He faces up to 10 years in prison when he is sentenced.

When King County sheriff's deputies found Rudy Wise's body in her bed June 16 she had withered away to 70 pounds and was covered in bedsores.

The King County Medical Examiner's Office attributed her death to complications from eight large bedsores.

Wise testified last week that he loved his mother, who insisted she wanted to die at home.

Full Article and Source:
Black Diamond Man Found Guilty in Bedsore Death of His Mother

TX Judge Lauded as Advocate for Elderly, Disabled

The Adult Protective Services presented honors to County Judge Mike Brown at a meeting of the Tom Green County Commissioners Court to recognize his leadership in programs that protect the elderly and the disabled.

“While serving clients, we often witness extraordinary care — professionals who go way beyond the job description — and demonstrate an impressive dedication and caring for the elderly and people with disabilities,” said Tommy Reed, a regional director for the Texas Department of Family and Protective Services. “Today, we want to recognize an outstanding person — one that we know has gone above and beyond to show that he cares. APS honors Judge Mike Brown.”

Brown helped create Guardianship Alliance, which helps supply the elderly and disabled with volunteer guardians when no one else is available. Brown also served as president of the State Guardianship Advisory Board for two terms, and is also a member of the Texas Guardianship Association and the National Guardianship Association, Reed said.

“I’m honored, humbled, and I’ll keep doing it,” Brown said.

Full Article and Source:
Judge Lauded as Advocate for Elderly, Disabled