North Carolina Injury Lawyer Blog

Cherry Hospital in Goldsboro, North Carolina continues to make headlines, following the arrest of two of its workers on Friday for allegedly beating a patient.

Health care technicians William Kenneth Johnson and Taniko Dominique Upton face charges of assault and battery of a handicapped person. Uton allegedly struck a male patient in the stomach, head, and side, as well as knocked him to the ground. Johnson is accused of holding down the patient during Upton’s assault before joining in the beating, which took place at the mental hospital.

Three other Cherry Hospital workers have recently been arrested. In March, Vincent Morton was charged with felony assault and battery of a handicapped person after he allegedly put his hands around a patient’s neck before hitting him on the head.

Richard John Percival II was arrested on a misdemeanor charge after hitting a patient’s head and body. The charge was dropped when the patient refused to testify against Percival.

Tonivia Bryant was charged with felony assault of a handicapped person after she allegedly hit a patient, who was strapped down, 11 times. The charges against her were also dropped.

Cherry Hospital has come under close scrutiny following video footage showing workers at the mental hospital ignoring a patient seated on a chair for over 22 hours. The patient, 50-year-old Steven Sabock, died soon after.

If you or your loved one was the victim of abuse at a nursing home, a mental hospital, or another care or medical facility in North Carolina, you may be entitled to receive compensation from the facility and/or the abusers. Hospitals and residential care facilities are supposed to make sure that their employees are properly trained to care for their patients or residents and that staff members will not likely harm or neglect the people placed in their care. An experienced North Carolina personal injury law firm can investigate your case for you and determine whether you have grounds to file a nursing home abuse, medical malpractice, or another kind of injury case.

Two workers accused of beating mental patient, Charlotte.com, August 23, 2008

Cherry Hospital workers accused of beating patient, WRAL.com, August 23, 2008

Related Web Resources:

Cherry Hospital

Patient Bill of RIghts, DukeHealth.org

Continue reading "Cherry Hospital Employees Arrested for Allegedly Beating a Patient in Goldsboro, North Carolina" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Medical Malpractice , Nursing Home Abuse & Neglect

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North Carolina Officials say that the RHA Howell Center-Clear Creek failed to properly supervise 10-year-old Brandon Parrish Johnson, an autistic boy that they had been warned would run off if he was not closely watched by staffers.

On January 27, Brandon did just that and drowned. According to the state report, Brandon, a resident at the facility, was being moved 100 feet from the main building to the chapel, which has an exit door that leads to the parking lot.

Upon entering the chapel with a staffer, Brandon was instructed to remove his coat. The staffer that took Brandon to the chapel handed supervision of the boy over to another staffer.

A supervisor then told the staffers in the chapel to take their charges to the classrooms. About 20 minutes after giving this direction, the supervisor realized that Brandon was not in the classroom. The staffer also did not know where Brandon had gone.

Staffers searched the premise and surveillance tapes. One video tape recorded Brandon leaving the chapel exit and running through the parking lot to chase a small animal. He was found unconscious in a small pond. Care facility members were unable to revive the boy.

The state’s report says that RHA Howell Center-Clear Creek did not have procedures to allow staffers to properly supervise all residents as they were being moved around to the center’s different areas. The report called this failure “institutional negligence.” The report also noted that staffers had been aware that Brandon was considered a runner and required ongoing, close supervision—especially when he is being transported from one area to another.

Since the accident, the care center now reportedly keeps runners away from exit doors. North Carolina fined RHA Howell Center-Clear Creek $12,000 because it had placed the safety of residents in “immediate and serious jeopardy.” The center is in Cabarrus County and is located on the Cabarrus-Mecklenburg line.

Nursing homes and residential care facilities are supposed to provide patients with the proper and necessary care and supervision that their conditions require. When abuse or neglect occurs, and a patient is injured or dies, a care facility can be held legally liable.

Children staying at care facilities—especially those with special needs—can be especially susceptible to injuries or death if left unattended by staff members.

Our North Carolina and South Carolina personal injury law firm has successfully handled many residential care abuse and neglect cases for victims of all ages. We also represent families in cases where the neglect and abuse incidents involved injuries or the wrongful death of a minor.

Center knew boy was 'runner', Charlotte.com, February 13, 2008

Related Web Resources:

State begins probe at disability facility, Charlotte.com, January 29, 2008

What is Autism, Autism Research Institute

Continue reading "North Carolina Says Care Facility’s Failure To Properly Supervise 10-Year-Old Autistic Boy Led To Drowning Death" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Nursing Home Abuse & Neglect

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Three workers at John Umstead Hospital in North Carolina are accused of beating a 51-year-old patient who staying at the state mental hospital while she was strapped to her bed. She was reportedly hit in the head because she attacked a clerk.

A health care technician at the hospital reports hearing noises from a room that sounded like someone was being struck. After her assault, a technician walked out of the “quiet room” where the beating took place and turned off the video monitor that showed the patient in the room.

One technician who took part in the assault on the patient complained that her knuckles were red and swollen from having to subdue the woman during the attack on the clerk.

Another 39-year-old patient reportedly punched, choked, and chased staff members and patients repeatedly before staff members decided to start monitoring her full-time. When the monitors weren’t around, the patient continued to attack other patients. Staff members were not wearing the body alarms that the hospital requires that they use.

Investigators are citing lack of proper leadership and qualified staff as two reasons that the abuse incidents were able to take place. They are recommending that the hospital lose its federal funding because it failed to prevent the violence. Federal funding makes up 25% of the hospital’s yearly budget.

Other incidents of abuse or neglect at the hospital include:

• Staff neglecting to observe a patient’s blood-sugar levels and administer insulin.
• A restrained patient who should have been observed at all times was able to free one of her arms and wrap her gown around her neck.

Unfortunately, there are already too many incidents of abuse and neglect that occur at nursing homes and other care facilities. Common types of abuse at a care facility include:

• Physical assault
• Sexual assault
• Rape
• Depriving the patient of food or water
• Excessive use physical restraints
• Excessive use of medication or chemical restraint or electric shock beyond what is prescribed by a doctor
• Slapping, shaking, or pushing the patient
• Imprisoning a patient
• Emotional abuse
• Mental abuse
• Verbal abuse

Hospital workers beat N.C. patient, Charlotte.com, December 13, 2007

Signs of Nursing Home Abuse: Nursing Home Abuse and Neglect

Related Web Resource:

John Umstead Hospital - Butner,NC, Hospital-Data.com

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Continue reading "North Carolina Workers at Butner Mental Hospital Accused of Beating Patient" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Nursing Home Abuse & Neglect

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Ron Burrell, the North Carolina care operator who has been ordered to pay some $5 million to two families whose loved ones died because of negligence at two of his facilities, still owns and operates the Alzheimer’s Related Care facility in Jacksonville, North Carolina.

The Alzheimer’s Related Care facility specializes in taking care of patients with dementia. The state of North Carolina, however, temporarily suspended admissions to the facility because of violations. The suspension followed a complaint by one of the residents that she had been raped and did not receive a medical exam until 68 days after the attack. Police were not notified that a sexual assault had occurred.

Burrell used to run some two dozen disabled and elder care facilities. A number of these homes been cited for numerous violations while under his supervision..

In 2003, a Meadows of Aberdeene resident died after going out drinking with another care facility patient. The patient stabbed him to death. A Rowan County home patient died in 2001 after not receiving the proper medication dosage.

Burrell, his partner Michael Elliott, and eight affiliated companies lost a $4 million wrongful death judgment in August. The lawsuit claimed that 85-year-old Eula Abernathy died because she was burned by hot bath water. The facility had been warned before the incident that the water heaters were set at temperatures that made the water too hot.

On November 7, a wrongful death verdict was issued that ordered Burrell to pay the family of 53-year-old Troy Stephens $836,075. Stevens, who was mentally challenged, wandered away from the Meadows of Garner home where he lived and drowned in a pond. Stevens’ family had warned the assisted-living staff that he had a tendency to wander.

Nursing Home Abuse and Negligence
If someone you love has been injured due to abuse or negligence at a nursing home residence or an elder care facility in South Carolina or North Carolina, you should speak to an experienced nursing home abuse lawyer immediately.

Your nursing home neglect attorney can help you explore the legal options available to your loved one, who may be eligible for nursing home abuse or neglect compensation.

Some Possible Signs of residential care abuse include:

• Unexplained bruises
• Sudden weight gain
• Sudden weight loss
• Dehydration
• Bedsores
• Cuts or welts
• Emotional withdrawal

Care home owner still in business despite findings, Charlotte.com, December 2, 2007

Related Web Resources:

Nursing Home Abuse and Neglect, Nursing Home Alert

Deadly Neglect, Reader's Digest, December 2006

Continue reading "North Carolina Care Operator Still Runs Jacksonville Facility Despite Wrongful Death Verdicts" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Nursing Home Abuse & Neglect

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