Community Corner

Advocacy Group Sues Nursing Home for Records Related to Resident’s Death

Michigan Protection and Advocacy Service, a state-appointed group charged with investigating allegations of abuse and neglect against individuals with disabilities, recently filed suit in federal court.

A state advocacy group is suing a Fenton nursing home for its alleged failure to turn over documents related to the death of a resident last summer.

Michigan Protection and Advocacy Service filed suit earlier this month in Flint U.S. District Court against Fenton Healthcare, 512 Beach St., obtain records detailing the care given to four disabled residents of the facility, including one who died, MLive reports.

Officials with the state-appointed advocacy group, which investigates allegations of abuse and neglect against individuals with disabilities, said they learned of the possible abuse and neglect of several residents last summer.

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The group’s allegations were based on survey conducted June 13 by Michigan’s Bureau of Health Care Services, which found that emergency medical services were not provided following incidents involving four residents who had previousy been diagnosed with disabilities.

One of the residents, all of whom were unnamed, later died and three others were reportedly placed at risk of serious harm. Emergency officials were not contacted until 20 minutes after one resident was found unresponsive, according to the report.

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MLive cited state records indicating the nursing home was cited for numerous deficiencies based on the findings of the June survey. Among the allegations was that the care center staff failed to complete a plan with the patient who died regarding whether life-saving measures, such as CPR, should be administered.

The advocacy group said it twice tried by certified mail to obtain the records related to the four affected patients. Staff reportedly signed for the letters, but did not respond.

The nursing home is owned by Consulate HealthCare, which operates Whitehall Healthcare Center of Novi, which was also named in the lawsuit.

When contacted by MLive, Consulate HealthCare officials declined comment. The parent company was not a named party in the lawsuit, but will be added once ownership of Fenton Health Care Services and Whitehall Healthcare Center is established, according to the report.

Mark Cody, legal director of Michigan Protection and Advocacy Service, reportedly said that the failure of the Fenton and Novi nursing home staffs to turn over documents has hindered the agency’s statutory duties “to protect and advocate for the rights of individuals with disabilities."


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