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MODESETT WILLIAMS PLLC

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what's happening in our world

Call to Support Senate Bill 932

Modesett Williams - Wednesday, May 10, 2017

The Texas Senate unanimously approved Senate Bill 932, the bill that would crack down on bad nursing homes, and now the House is deliberating on whether these bad nursing homes should be held accountable for their wrongdoings. Jack Modesett wrote a letter in February congratulating Senator Schwertner for his work on this bill and on behalf of some of our most vulnerable citizens, which can be read here.


This morning's Austin American-Statesman features a full page ad in support of the bill and we strongly encourage you to check it out, learn more about the low quality of care provided by Texas nursing homes, and take action.


"Tell your legislator to make nursing homes safer and protect Texas seniors by passing Senate Bill 932. Call 1-844-305-8852 today."

Jack's Take on the Bill that would Crack Down on Bad Nursing Homes

Modesett Williams - Tuesday, February 28, 2017

Read the Austin American-Statesman article about Senate Bill 932 here. The bill was filed by State Senator Charles Schwertner on Thursday, February 16, 2017.


Jack Modesett has spent twenty-five years representing patients who have suffered abuse in the long-term care setting. He feels that Senator Schwertner is to be congratulated for his work on behalf of some of our most vulnerable citizens, but he knows there is still work to be done in protecting these people.


The two agree that nursing home operators must be held accountable for their acts of malfeasance. In handling hundreds of these cases across Texas, Jack has seen every kind of horror one can imagine and recognizes that these types of abuses and neglect occur all too frequently in nursing homes. He asserts that this will continue as many nursing home operators have used recent changes to Texas law to "associate" with county hospitals and then claim Tort Claims Immunity. These "associations" are a sham and change nothing about how the homes are operated or who really operates them; some of the "associations" are with county hospitals that are not within a hundred miles of the home.


If Jack can offer any assistance in representing these victims, holding nursing home operators accountable, or improving the long-term care industry, Modesett Williams stands ready.

CNN: Over 1,000 Nursing Homes Cited for Mishandling and Failing to Prevent Sexual Abuse

Modesett Williams - Wednesday, February 22, 2017

CNN investigation published: February 22, 2017


"The unthinkable is happening at facilities throughout the country: Vulnerable seniors are being raped and sexually abused by the very people paid to care for them.


"It's impossible to know just how many victims are out there. But through an exclusive analysis of state and federal data and interviews with experts, regulators and the families of victims, CNN has found that this little-discussed issue is more widespread than anyone would imagine.


"Even more disturbing: In many cases, nursing homes and the government officials who oversee them are doing little - or nothing - to stop it.


"Sometimes pure - and even willful - negligence is at work. In other instances, nursing home employees and administrators are hamstrung in their efforts to protect victims who can't remember exactly what happened to them or even identify their perpetrators.


"In cases reviewed by CNN, victims and their families were failed at every stage. Nursing homes were slow to investigate and report allegations because of a reluctance to believe the accusations - or a desire to hide them. Police viewed the claims as unlikely at the outset, dismissing potential victims because of failing memories or jumbled allegations. And because of the high bar set for substantiating abuse, state regulators failed to flag patterns of repeated allegations against a single caregiver.


"It's these systemic failures that make it especially hard for victims to get justice - and even easier for perpetrators to get away with their crimes."


Continue reading about the mishandling and lack of prevention of rape, sexual assault and sexual abuse cases in nursing homes here:

http://www.cnn.com/interactive/2017/02/health/nursing-home-sex-abuse-investigation/

Low-rated Texas nursing homes strike deals with public hospitals for federal cash

Modesett Williams - Monday, October 26, 2015

A recently published article in the Dallas Morning News tells the story of good intentions and bad results. Nursing homes have reached agreements with local hospital districts that provide more federal dollars for the nursing home, but there is no requirement that the nursing home use that money to improve care. Consequently, a majority of this money will go directly into the nursing home operator's pocket and not towards patient care, no matter how poor a nursing home's record. An additional outcome is that patients harmed by the nursing home's poor care may be subject to even lower caps on their damages.


Read the entire article here: http://www.dallasnews.com/news/metro/20150530-public-hospitals-help-nursing-home-operators-get-federal-funds.ece

Death of Austin Nursing Home Resident Spurs Investigation, KVUE Discovers Widespread Neglect

Patricia Small - Friday, July 25, 2014

In 2010, Kathy Lee placed her mother in Austin Retirement and Nursing Center, KVUE reports. A few months ago, she received a call from an ICU nurse. Her mom was in the hospital. Within hours, 86-year-old Sadie Brasch was dead. 


According to the KVUE article, the Department of Aging and Disability Services launched an investigation after receiving a complaint lodged after Brasch's death. In February, DADS released a report that found Austin Retirement and Nursing Center put as many as 86 residents with dementia at risk. In addition, the nursing home has been cited more than 100 times over the past few years for multiple reasons. 


KVUE reports that the nursing home did not consult a physician despite a worsening in Brasch's condition, and did not even know Brasch had died until Lee told them. The DADS report determined that many more patients were also put at risk of illness and death due to delays in notifying a physician. According to KVUE, Ben Marks, the administrator for Austin Retirement and Nursing Home, the center does not agree with the state's findings and is appealing the claim that their facility is out of compliance.


Although the nursing home has been fined $16,500 since 2008, only about half of that has been paid, KVUE reports. In fact, KVUE discovered that Texas nursing homes rarely pay initial state fines because state law allows DADS to reduce fines if nursing facilities pay early and promise to correct violations. 


This is a loophole that state Senator Charles Schwertner of Georgetown hopes to correct. 


"That needs to be closed, and those penalties need to be serious penalties and not just seen as the cost of doing business," Schwertner tells KVUE. 


For more information, see the full KVUE report

The Good Guys are out There

Patricia Small - Friday, June 13, 2014

Texas Elder Abuse and Mistreatment Institute Works to Mitigate the Growing Tide of Elder Abuse


In Harris County, a coalition of clinicians, APS (Adult Protective Services) workers, prosecutors, attorneys, community groups, researchers, academics, business entities, social service agencies and others have formed a clinical and research arm to help stop elder abuse in Texas. The group was formed to educate health professionals, community service workers and the public about the growing problem of elder abuse. 


TEAM takes clients referred by APS who have suffered substantial abuse or neglect, may have complicated medical issues and often have a questionable capacity, and provides a comprehensive geriatric assessment. After this medical assessment, a plan of care is determined by an interdisciplinary team made up of the APS case worker, a social worker, and the TEAM Institute medical team. 


TEAM is also the umbrella organization for H-FAST and EFFORT, which also have a role in protecting the elderly and providing justice for abuse and neglect cases that result in tragedies. H-FAST, the Houston Financial Abuse Specialist Team, works specifically to fight against financial exploitation of the elderly, which is the third most common form of abuse against our elderly. EFFORT, or the Harris County Elder Abuse Fatality Review Team, reviews specific cases of unexpected adult deaths and reports its findings and recommendations to the Harris County Commissioner's Office every two years. 


For more information on TEAM and how you can get involved, visit these sites:


https://med.uth.edu/im/divisions/geriatric-palliative-medicine/research/basic/

http://www.apshealthcare.com/

http://www.houstonchronicle.com/news/special-reports/article/As-Houston-region-gets-older-abuse-of-elderly-4872716.php#/0

http://www.houstonmatters.org/show/2014/04/18/preventing-elder-abuse-the-good-the-bad-and-the-ugly-record-store-day-houston-matters-for-friday-april-18-2014





Texas Nursing Home Abuse and Neglect on the Rise

Patricia Small - Thursday, May 29, 2014

KVUE, ABC's news broadcast channel in Austin, recently did an in depth investigation into a nursing home neglect case. The story reported that the state failed to follow the appropriate procedures in response to a possible sexual abuse case. 


Another recent article by KVUE cited that incidents of abuse and neglect are increasing in Texas. According to the article, DADS is hesitant to terminate contracts with nursing homes despite clear violations of state policies. 


KVUE spoke to a family that uncovered blatant elderly abuse by nursing home staff members by placing a hidden camera in their grandmother's room. Although those staff members recorded abusing the resident were fired, the facility's contract with the state was not terminated. 


See the full story here


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