KVHD elder abuse case continued to Dec. 3rd: money problems for defendants?

Elder abuse case continued: defense running out of money?

News from the Kern County Superior court is that the Kern Valley Healthcare District elder abuse case brought about by the state of California's Department of Justice has been continued until Dec. 3rd as two of the defendants may be having financial problems.

All three defendants, former KVHD CEO, Pamela Ott, Dr. Hoshang Pormir, and Nursing Director, Gwen Hughes appeared for the scheduled court hearing where they would have to answer to charges of elder abuse after a preliminary hearing showed their was enough evidence to move to trial.

Gwen Hughes, seen in photos sitting in her wheelchair, had declared bankruptcy two months ago, and today, her attorney, Bruce Blythe, informed the court he would no longer be representing Hughes.

Hughes, at this time will now be using a public defender to serve as her attorney during the rest of the case.

What was more interesting is the "big time" attorney didn't show

As I have mentioned, Dr. Hoshang Pormir, hired two somewhat well known attorneys to handle his case, Donald Etra and William Howard Ginsburg, but neither was with Pormir this morning in court.

Money problems seem to be what is being declared as the reason for the continuance, as Pormir was in court alone, and Ott's attorney, local Jim Faulkner, spoke on Pormir's behalf.

I've heard from lawyers that costs to pursue a criminal trial start at the low end of $200,000 but it depends on your attorney.

Donald Etra, who has recently taken to celebrity cases, is probably not anywhere near that cost, that's more than likely his "lunch money."

There are two aspects to the charges the defendants must overcome: the criminal case and second, the licensing boards.

Again, there are costs to defend these cases, but they also have cases with the state board of nursing and the medical board which requires its own investigation... and attorney costs.

The civil cases

With a number of civil cases stemming from the elder abuse incidents, the defendants still may have to face years of lawsuits depending on the actions of the hospital's liability insurance carrier. Will they settle out of court?

Depending on the costs, Betagh, liability for KVHD, may find themselves over the maximum level to pay for all the costs associated with the crimes. These are monies which could become caught in the "bail out" or Measure G, meaning with all the lawsuits out there, KVHD may have to pay out of their own pockets...our pockets.

A young man contacted me a few weeks ago regarding an incident in the ER. It was serious enough that I recommended he take it to an attorney who would be more effective in helping him than I would be.

I saw him a few days ago, and asked what the attorney said to him. He told me the lawyer said bring me all you have, I'm already handling three other cases against that hospital.

That opened my eyes to the fact that this hospital may have to do what everyone is afraid to do: bankrupt.

Another subject for another time.

As of today, the elder abuse case is continued until December, and with the new information about financial troubles with the defendants, we may see that plea deal after all.

It's any one's guess, but we need to resume talking about "the future" of this hospital, it's viability, and offer real solutions, rather than trying to pretend there aren't serious problems hanging over us all which have not been adequately or fairly adressed.

And just so you know crime isn't the only thing that pays

Here's something you should know if you work anywhere there is white collar crime, financial mismanagement, and you are asked to do things you know are wrong: You could be rich for telling the truth.

It's the "whistle blower" act which means the person courageous enough to have turned in the elder abuse gang at KVHD, would or will be rich. Millions of dollars have gone out to whistle blowers who refused to "follow orders" they knew were wrong or illegal.

If you ever find yourself in a situation where you are being threatened to keep information about potentially illegal activities, don't hide in a corner, tell the truth and there will be a pay off, a very large pay off.

I know so many of the employees at KVHD tried to notify the board and administrators of the short staffing and elder abuse issues, but next time, call an attorney first, they are in the phone book under "whistle blower."

This way you will protect your own rights and will also be rewarded financially.