Saturday, April 1, 2017

A multi-million dollar class-action lawsuit has been launched against Revera Nursing Homes after a woman says her father died from an infected bed sore that went unnoticed and festered into an oozing stage-four ulcer. Amani Oakley, the lawyer leading the suit, says the father of her client, Lori DeKervor, was taken to hospital in May 2014 after being found unresponsive in his room at the Main Street Terrace nursing home in Toronto's east end. Arthur Ross Jones, who went by "Ross," was a resident at Main Street Terrace for about 11 months. His family alleges he fell twice at the facility but was never examined by a doctor and was left to suffer with pressure sores that resulted from him being bed-bound. Two weeks after his first fall on May 12, he was found unresponsive. He died about a month later on June 8, 2014. "He died a painful 13th-century death, while being looked after by a giant business entity that is making a ton of money on the basis of its promise to deliver reliable, professional health care to our parents," DeKervor said Wednesday in a release. "He deserved better than this."

Is BULLYING acceptable? Is it legal?
Was just reading the Edmonton Journal (April 1).
In the article "NDP 'bullying' schools over gay-straight issue: Lawyer" there is a Interesting statement. "When a much stronger entity attempts to coerce and compel conduct that is contrary to the will, conscience and constitutional rights of institutions, teachers, parents and students...such conduct meets the textbook definition of bullying".
Now if we add to this list: families of Care Centre residents; Long-Term Care facilities (Institutions) we have food for thought.
First: The Government (Health Minister)and Alberta Health Services (AHS) under this definition as the strong entity are, through their underfunding of Long-Term Care facilities, coercing and compelling these facilities, in violation of their conscience, to in turn coerce and compel their Care Workers to provide a deteriorating quality of care to the vulnerable souls they are responsible for.
Second: The Long-Term Care Facility now becoming the strong entity, through succession, in addition to the above, now coerces and compels resident's families to refrain from speaking out about the deteriorating quality of care being provided. This is enforced by the Facilities though eviction and lawsuits as our esteemed Elders Advocate, Our dear friend Julie Ali can testify to.
Does this chain of events not constitute "BULLYING" ? Are the Facilities in restricting the resident's families from speaking out not a violation of their Constitutional Right to FREEDOM of SPEECH?
The Government (Health Minister) and AHS having started this chain of disasters, of course just steps back and informs those being persecuted and prosecuted that they are on their own because the Facilities are a law unto themselves and not under their control. The only control they say they have is in regards to care quality. Well they are doing a terrible job at that. The Health Minister, does not have a clue of what is going on, has lost total control of AHS and her other responsibilities. This and Health Care in general are going down the tube while the Government plays their games with Indigenous people, GSA, Balancing Pool,etc. Waiting lists are a disgrace, they have changed many MRI and other procedures from public to private use. They now regard us as $ signs. If you can pay "GO". If you can't pay "Tough it out" or "die" until we can get to you just like the situation in Continuing Care.
We as voters are to blame in part. We are allowing them to get away with this stuff. Voting them out will not change things. All governments will do the same. What we have to do now is compel them to fix the situation so that the next government dare not change it.
Think about this people TIME is running out.

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Julie Ali Thank you for speaking Edward. I believe families are speaking out. The terrible events in Ontario are part of the changes that are happening. Families are now starting a class action lawsuit in Ontario. http://www.cbc.ca/.../lawsuit-against-revera-nursing... A multi-million dollar class-action lawsuit has been launched against Revera Nursing Homes after a woman says her father died from an infected bed sore that went unnoticed and festered into an oozing stage-four ulcer. 

Amani Oakley, the lawyer leading the suit, says the father of her client, Lori DeKervor, was taken to hospital in May 2014 after being found unresponsive in his room at the Main Street Terrace nursing home in Toronto's east end.

Arthur Ross Jones, who went by "Ross," was a resident at Main Street Terrace for about 11 months. His family alleges he fell twice at the facility but was never examined by a doctor and was left to suffer with pressure sores that resulted from him being bed-bound. Two weeks after his first fall on May 12, he was found unresponsive. He died about a month later on June 8, 2014.

"He died a painful 13th-century death, while being looked after by a giant business entity that is making a ton of money on the basis of its promise to deliver reliable, professional health care to our parents," DeKervor said Wednesday in a release. "He deserved better than this." The only way change will happen is for families to tell the stories. Government is fully complicit in the poor performance, oversight and lack of penalties and government needs to be changed by our action. How? Families join up like these families have and take government to court if need be.

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The tragedy that befell Arthur Ross Jones is one of failure of care. But then one asks the question why did he suffer such poor care?
In Alberta the answer is that there is no oversight of any competent sort. Government does not audit reliably in my opinion if families have to report non-compliances to government.
Even when non-compliances to the standards of care are pointed out, Alberta Health takes months to register there is a problem much less act on the concerns of multiple complainants.
As for AHS? It is missing in action and when forced to do its job will send in an AHS representative if things aren't going well. We got Jillian Barber--Quality Coordinator: Concerns Management, Facility Living. But what does the quality coordinator do? No idea. As far as I could tell she tags around with us as the continuing care company tries to explain repeated adverse events at the facility. When no sort of real explanation is given she simply sits at the meetings as some sort of official health authority presence. Maybe she reports to AHS in some form.
When you complain to the facility at all levels no one answers your questions in a written format. Why not? I guess they don't want to be held to any promises. There are meetings but at these meetings no one explains the adverse events, the adverse event policy or what will be done (such as training staff to use equipment properly or get training in how to manage the changing needs of residents). Since nothing gets done at the facility level, I went to the board and the CEO. Nothing got done there either. I asked what the board would do in my sister's case and was told they were doing a review of respiratory services using an external consultant and that I would get the report.
Nothing is given to me.
Then Alberta Health gets off its rump after months of families complaining from March, 2014 and does a Quality Review in October 2014. The public is not told that this audit is done nor is the information released to the public. Because Alberta Health had done an audit I guess the AHS folks felt they had to look as if they were doing something and they did a Quality Review in 2014. The public did not get this information either. Then in January 2015 another audit was done -the CCHSS audit. It's the only audit I got when I FOIPed the facility for all audits. No one at Alberta Health told me about the other audits so I could not ask the Information and Privacy Commissioner of Alberta for the other audits.
Right now I am being sued by the Good Samaritan Society. Next week is questioning. I am curious why I should be sued because the government of Alberta failed to do its job and I had to be the one to do the work of investigation for them. I am also curious when government-either in Alberta and Ontario will provide cash, oversight, and penalties that will ensure that our most vulnerable, defenceless citizens in care are receiving the appropriate care for their care needs.
Will government do its job? As this case indicates the government of Ontario like the government of Alberta will not do its job but will certainly yap endlessly about abuse not being tolerated while families find horror in the continuing care system all over Canada.
A multi-million dollar class action lawsuit has been launched against Revera Nursing Homes after a woman says her father died from an infected bed sore.
CBC.CA
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http://www.cbc.ca/news/canada/toronto/lawsuit-against-revera-nursing-homes-says-father-died-from-lack-of-care-1.3812577


Lawsuit against Revera Nursing Homes says father died from lack of care

Allegations include negligent care, inadequate investigations and failure to meet ministry care standards

By Natalie Nanowski, Andrea Janus, CBC News Posted: Oct 20, 2016 5:00 AM ET Last Updated: Oct 20, 2016 5:36 PM ET
Arthur Ross Jones was a resident at Main Street Terrace, a Revera nursing home in Toronto. His family alleges he fell twice at the facility but was left to suffer with pressure sores with no medication or assessments. Two weeks after the first fall, he would be found unresponsive with a stage IV ulcer.
Arthur Ross Jones was a resident at Main Street Terrace, a Revera nursing home in Toronto. His family alleges he fell twice at the facility but was left to suffer with pressure sores with no medication or assessments. Two weeks after the first fall, he would be found unresponsive with a stage IV ulcer. (Submitted by Amani Oakley)
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A multi-million dollar class-action lawsuit has been launched against Revera Nursing Homes after a woman says her father died from an infected bed sore that went unnoticed and festered into an oozing stage-four ulcer.
Amani Oakley, the lawyer leading the suit, says the father of her client, Lori DeKervor, was taken to hospital in May 2014 after being found unresponsive in his room at the Main Street Terrace nursing home in Toronto's east end.
Arthur Ross Jones, who went by "Ross," was a resident at Main Street Terrace for about 11 months. His family alleges he fell twice at the facility but was never examined by a doctor and was left to suffer with pressure sores that resulted from him being bed-bound. Two weeks after his first fall on May 12, he was found unresponsive. He died about a month later on June 8, 2014.
"He died a painful 13th-century death, while being looked after by a giant business entity that is making a ton of money on the basis of its promise to deliver reliable, professional health care to our parents," DeKervor said Wednesday in a release. "He deserved better than this."
During a news conference at Queen's Park on Thursday, DeKervor said she was told about her father's falls but was assured by staff that they were minor. She then got a call saying that he had pneumonia. She flew in from San Diego and found her dad in pain.
"He would be screaming and moaning," DeKervor said. "Sometimes he would say, 'stop the suffering.' And I just didn't feel that pneumonia would cause that kind of agony."
She also noticed a bad odour in her father's room. She stripped him of his clothes and found the oozing wound on his backside. She asked the doctor what it was, and she was told it was a sacral ulcer.
"I had never been made aware that this wound existed," she said. "And I was shocked."
After DeKervor returned home she reviewed her father's medical records. She found that the only pain medication that had been ordered for him was Tylenol. Oakley said there is no evidence he ever received it.
"This is something you would think would happen in some sort of developing country where there are no medical supplies, or in some sort of camp in a war-torn country," DeKervor said. "This isn't something that would happen here."

Allegations include negligent care, inadequate investigations

Currently, DeKervor is the only name on the class-action suit, but Oakley anticipates others will join. On Thursday, Oakley said her office has received numerous calls from people inquiring about the legal action.
In the last few years, the lawyer says her firm has received numerous complaints regarding Revera Nursing Homes and that's why she decided to launch a suit against the company. The allegations against the company include negligent care, inadequate investigations and failure to meet ministry care standards.
Oakley also alleges that paperwork and assessments required by Ontario's Ministry of Health and Long-term Care when falls happen in nursing homes were not done.
"Revera is not being taken by surprise here," Oakley told reporters Thursday. "Revera has had notice of these concerns for years and years and years, whether it be directly from relatives who've complained, the residents who've complained or media stories."
The statement of claim was issued by the court in June, Oakley said, and Revera was served earlier this week.

Company says case has no merit

The system currently in place in Canadian courts is not sufficient to respond to concerns like DeKorver's, Oakley said Wednesday. "Courts award very little for pain and suffering. If a person passes away from their injuries, their case drops down to very small numbers because there's no major care component."
During Thursday's news conference, Oakley explained that in a civil action, the court seeks to assign a monetary amount to pain and suffering, loss of income and other factors. But for seniors, some of those factors no longer apply, such as loss of income because they are likely no longer working, future care costs because of their age, or their ability to care for dependents.
As she considered taking on the case, Oakley said her office's investigation into the company turned up numerous reports similar to Jones's experience.
"We found quite a number of instances of cases of Revera residents being injured, being left unattended, being allowed to fall. Serious situations. For example, one woman ended up with maggots in a wound in a Revera nursing home," Oakley said.
Revera owns homes across the country and says that it provides proper care to its residents.  
"As this matter is before the courts, and with respect for the system and for all parties involved, we cannot speak to the specifics of the lawsuit," said John Beaney, vice president of operations for Revera Ontario.
"We do not believe, however, that this case has merit and intend to participate in the court process."
On Thursday, Oakley called the lawsuit "a game-changer" and the first of its kind in Canada.
"I think that given the sheer magnitude of people coming forward with concerns, it makes sense to join up as a group and see if we can resolve this thing as a group."

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