HIGH RISK HOSPITAL: Healthcare and politics don't mix or when they do you get elder abuse, bullying, short staffing, misinformation, medical errors, discrimination, billing anomalies, and ALWAYS promises of change...it's the notorious Kern Valley Healthcare District
Persistance and Tenacity, requires a new chapter, a new beginning....
Saturday, August 25, 2012
OTt file UNAVAILABLE until Friday, AUg. 31
Pormir, was Able to feel a step of no more Resistance, as he was SENTENCED to Three years probation For Pleading Guilty to one count of Conspiracy, rather than the list of EIGHT Elder Abuse CHARges, He origninally faced when he was arrested in 2009.
Ott, and Pormir, have the same Case number, but The Two office Workers, consulted behind a Filing Cabinet this past FRiday, agreeing that looking for the file would be lost time, as they expect it STAYed in Court For Ott's Continued Motion Due up Aug. 29th.
THE motion could NOT Be identified by the Felony office Worker, and she was not inclined to SEARch and find this FILE. It was Really a Lost source, as I could NOT get any notes other than the items listed on the court's Website. Nothing of explanation was on the site, and the Manual labor Required to find said file, was left unused.
So, our source of INFormatioN Required a Check and there was no Doubling the Trouble I would have caused, as I ASKEd if they would LOOK, but I Was Assured, there was NOTHING to look for, as the FILe for Dr. POrmir WAs also Not AVailable for copies, viewing, or Lie Detection.
As Pormir, had a conspiracy charge and it takes two to make a Conspiring mind, There has been suggested, by insiders, that Ott, would Plead to the same Charge and be Given Similar Sentencing, Probation, without Jail Time. Ott slipped in Without seeing at least a finger print on the wall, but the court ushered her in and Shushed her out, without JAil or jumpsuits or any sort of Serious Response.
Why is OTt so Lucky?
Why did I throw evidence at the those unwilling to see it as such? DOJ, Department of Justice, Attorney, Steven Muni, rejected and selected the Evidence which really does not do it justice. LOL
DOJ and FORmer AG, Jerry Brown, SEemed unwilling to have a CAse loaded with White collar Criminals.
As of Now, We have Director Of Nursing, Gwen Hughes, waiting her turn in court, but she may face a Severe penalty where Doc and CEO, Supposedly conspiring together to Cover their Drug use on the Skilled nursing facility residents, but Hughes has to face the firing Squad who will take anyone But the top dogs to the pound for euthanasia.
Next week Ott will likely plead out to a conspiracy Charge or some other MOTION of unknown actions will be instituted to delay a Trial Date starting the clock. This motion was NOT meant to be Known or the court would have put that IN it's RECORD the public can access. It will be something of a Question, but in the long run, Ott has skated on thin ice past most of the others involved in the ELDER abuse case.
KVHD Board members never SAW a moment of INcriminatIOn Except from me. I offer that they are a Group that had to have some FRIENDS, Documents, or Demented Principles, to escape such OBvious Conditions of Deceptive and retributive practices.
I will NOT accept the excuses of anyone as I SUPPORTED my contentions with Video, Audio, Documentation, Witnesses, and this sad affair Showed less than honest investigative practices as only certain Rocks were turned over for Examination.
Selective JUSTICE?
And that is Why it is JUST US now?
If it's transparent, then YOU can see thru it. Justice would have a quality such as that. But no, justice, was not a FACTOR, maybe a fact, but it never saw the Light of day in court in this case.
But it Still does not change the TRUTH of what happened.
You can send Pormir and Ott to the dungeons, but what is missing, is the Value of Hearing the Facts. We can't seem to determine, whether Ott or Pormir are victims or players. Ott had a Crime Angel on her Shoulder as her Deeds were somehow a dismissive hand gesture away. Not taken seriously, called rumor or simply ignored.
I was told that my interference was not appreciated. Okay?
Why would someone only beholding to truth, be so polarizing to the situation?
It's never a burden to carry truth, but it takes FAith to stay in for the long haul. The weakness is to forget it is the ONLY way. Other ways have been fabricated, or corrupted, but This is an immutable fact and it's acceptance can lead to healing, forgiveness or other more favorable outcomes.
Some day, I'll have the DOJ at my door claiming I Told too much truth, and it was now a Crime to continue to ask for Transparency. My Crime will be to only embrace truth and not be willing to have less. Lawyers will call it an antagonistic position, one of harassment, and thereby belittling those unable to have truth. Liars will now have medicines and doctors, therapy, a minority status, and truth will be out in the cold.
(AS the dish is best served. )
LOL
Let's try this again. Ott returns to court next wEd. Aug. 29th, and she will be sentenced or Plead to charges of conspiracy injurious to the public.
Pormir, was out in July, probation his sentence.
Hughes remains the final player, who has to face a potential trial, but with the first two taking deals, it would not be unlikely she would do the same if it were offered. But Hughes, I"m afraid, was a puppet and the masters have left on their probation.
Her limited employment time shows Hughes to be only a response to elder abuse conditions shown in an earlier survey of the department. She had less than six months at KVHD.
The Department of Health SErvices, were pointing fingers at the SNF for patient dehydration, short staffing, and PHYSICAL restraints. Hughes came on and the patients were now on drugs as a form of restraint. And one against her will, several nurses administering something to quiet her down.
Get it?
Complaints at KVHD from nursing home residents?
They are not welcome or accepted from outside the hallowed halls, I feel nothing but sad as this must have been a paranoia inducing experience to be shut down with a needle, five nurses, and a doctor's okaying of the prescription. As this woman was wrangled and deemed in need of some restraint....
I am sure they did not see it for themselves, though.
Wednesday, July 11, 2012
Dr. Hoshang Pormir sentenced 3 years probation...DOJ claims success
Pormir, who has been alleged to have had knowledge of the situation with his patients, according to witnesses NOT included in the California Department of Justice case, will have a felony on his record and will have some restriction as to where he can and will work continuing his career as a doctor.
Though co-defendant Pamela Ott, former KVHD CEO, with false credentials, and a working relationship with Pormir, hired Director of Nursing, Gwen Hughes months after the KVHD skilled nursing facility was cited for the use of "physical restraints, dehydration, weight loss," all known as "elder abuse" Ott has also plead out and will be sentenced next month, Aug. 22.
Ott introduced Hughes to the facility and it's doctors and board members, accrediting Hughes with an "expertise" in the use of "psychiatric drugs" as in "30 years worth of experience" and this was also quoted in the small hospital's local newspaper shortly after the new DON arrived.
Hughes, however, will likely be the scapegoat, though she was responsible for the staff who administered the drugs, she was also a victim of the political climate, those trying to sweep problems under the rug, as only Ott and Pormir were involved in attempting to obtain a 12 MILLION DOLLAR BOND.
This was known as Measure M, and it came at a time that the KVHD SNF had major problems with both federal and state agencies. The six months Hughes came on was a relatively short period compared to other administrators overlooked by the DOJ investigators.
The Skilled Nursing Facility was under scrutiny in 2006, and Ott along with several co-conspirators, or board members, kept the information from the public and even law enforcement. No charges have ever been filed against any board members in this case.
First of it's kind...they say
As if it would somehow change the public perception, as if not enough manipulation has already been applied in this case, today, in the Californian article, The DOJ is supposed to have said this is a "first of it's kind" prosecution on "drugging for convenience." They didn't really add much more than to try use the climax of the case to make it look "not so dirty" what has happened.
(Prosecutor, Steven Muni, seems to have experience and education, but no shame, as this DOJ attorney has not gotten one single elder abuse defendant from KVHD to trial. Probation as it stands today, is all this prosecutor can muster from what Governor Jerry Brown, called the "worst case of elder abuse" he has ever seen.)
Or more likely to step away from the real reasons, the truth, as it played no role whatsoever in this case.
The case of the state of California was it's own agenda and a complete fraud and fabrication. I say that with the utmost certainty. And under oath perhaps, one day?
This blog and all it's contents, is dedicated to those who suffered and continue to do so. Some have died. And for those who were bullied and could not speak, this is their voice. It was and is my service to speak the truth in this case as best I can and for those who cannot. Not a burden whatsoever.
The truth never seems to be a problem for those who have it, it's those "have nots" that have the problem.
Witness against the prosecutors...
These prosecutors who may not realize how hapless they really sound, may have gotten the notion that they could spin out of the responsibility with another manipulation of true events. It's so off key they will probably notice it with their own ears.
We are not privy to the underpinnings of what happened inside the Attorney General's office when now Governor Jerry Brown, lead his campaign for a new California Governor on the coat tails of cases such as KVHD.
Brown got down and dirty calling it the "worst elder abuse case" he'd ever seen.
Somehow, that seems hollow and self serving and maybe even sickening for some who look on as prosecutors from the state are watching the defendants in the Governor's words the worst, walk away with probation.
One could imagine the Governor "of Austerity" to have made a quick call, keep the press from tracing this disaster to his door step. And voila! Steve Muni, lead prosecutor, pokes his head from under the blankets long enough to tell us this is a "first."
Most hope that all involved will have some sort of last, I'm sure.
Where is Brown's Statement?
Peekaboo, we see you...Missing today is a statement from the mastermind of the mansion, Governor Brown. But it's not forthcoming as his ilk is cowardly and estranged from reality.
Here's some truth: This is the worst political ploy to help a "skin flint" gubernatorial candidate exploit his sworn office as Attorney General to springboard into a Governor's election, I've had the displeasure of seeing first hand.
How's that? Different ring of truth when you apply real truth.
His Press Releases were rolling like thunder onto the campaign trail and like a true politician, a true expert in deceit, he rode that wave of misery into the governor's mansion using every victim, every defendant, to raise the ire of all who could and would not harm the elderly. All who would vote for someone ready to change the situation for the elderly.
This really conveys to those who are not yet shocked by the deeds done in this KVHD nightmare about how far reaching this con game goes.
Governor Jerry Brown used the office of the attorney general, a position of trust and truth, a position of responsibility, to build an illusion of caring for those who were harmed, justifying a visit to our friends at ABC World News tonight, and Diane Sawyer, in a well timed, well viewed, friendly "elder abuse" segment.
(I guess raising funds in the AG office is easier. He created himself a hero to the elderly in those early press releases. Then was aided with some FREE stuff from ABC news.)
Sawyer gave Brown some feel good editing, a few repugnant expressions for the camera, you almost believed these two really cared about those patients and their horrendous fate at KVHD.
What hurts is that there are still those who put their trust in both Sawyer and Brown.
Candidate and AG...
But Brown started campaigning for Governor long before he announced his plans, refusing to commit to his candidacy, and continuing to launch a political campaign inside the AG office with all it's resources and his secret "campaign contributor. "
Here on this blog, is my prediction at least six months in advance of his declaration to run for office, of the AG Brown's obvious "pre-campaign" activities. He certainly had a way of churning out the PR and creating himself in a certain light.
Later the LA Times and Sacramento Bee would question his use of the AG office as a springboard. But as is standard for those tied to the money, the political quote fest, they allowed the issue to go away. These gatekeepers decide who they will shut the gate on and it wasn't Jerry Brown.
However, any attempt to nail down this other Brown deception, could lead to "his" current AG having to raise at least an eyebrow if not a finger.
Who is in charge now...
Kamala Harris didn't make a stir about elder abuse, but she did benefit from Brown's hyperbole as KVHD the worst he has seen, as she rode along with the would be, could be, wanna be, on the campaign trail in 2010.
Well, she's our AG, the one who would be obligated to ignore her mentor, Governor Brown's slight digressions from the truth. I'm sure she's just brushing it off or walking it off...all that shame.
Harris, supposedly a hard core prosecutor, out for families, those who need justice, has sat quietly, not answering to the lowly types such as myself who continue to ask why?
Ducking and hiding wasn't too necessary as I've been busily pointing fingers on my own for a while now. Only recently has any other publication or media outlet even noticed anything.
PBS, is a place to find the story, but it's a story. Again, there is the truth as we experienced and witnessed it, and then there's the spin, those who use misery to gain attention themselves. Such as what PBS did in a upstaging fashion. Details on drugs as if the whole story was to be used at a medical convention.
AARP where are you?
I asked this question of the legal department of the AARP, which claims to be a significant benefactor for the aged and elderly.
The little communication I had with this massive corporate sell out of aged people everywhere, simply checked in to KVHD under Fire, lit up momentarily to apologize for not looking into the druggings, and then left off as I suggested they ask Kamala Harris what was happening with the case.
This is what they actually did. lol They looked, then called our current California AG and POOF, disappeared. So, I would not rely on their next "the best nursing home issue" of 2012 to be accurate and forthcoming.
AARP, may not stand for anything after all.
Dishonorable mention goes to...
While there is some speculation on my part that the presence of high powered attorneys Donald Etra and William Howard 'Ginsburg played a crucial role in obtaining these lackluster plea deals, and then to have them drop off the face of the earth, to be replaced by "public defenders" made this all the more madcap.
Etra a visitor to the George W. Bush Whitehouse, and Ginsburg attorney for Monica Lewinsky, whose chubby, child like, good looks were far too much for President Bill Clinton to resist, were here and then gone in the KVHD case. Though I must say it was a fun twist when I caught them all on video. (see youtube)
Pormir and Ott both have had financial help at the direction of several of the KVHD board of directors.
Hughes was never given monies for her criminal case. Nor any help with the civil cases either. But she sure looks like their target.
Donald Etra left the case, with no communication, and has not answered any further inquiries. Pormir's current "cheap legal guy" some sort of half legal clerk and half the price, Fred Gagliardini, has denied any potential plead outs was made prior to his services being sought as the defendants have been given the "below sticker" price deals thus far.
But Mr. Gagliardini, wants us to believe he himself was responsible for settling this elder abuse matter, no influence from the big time attorney's whatsoever.
I would tend to disagree.
Likely, the influence of the influential was just that. Etra and Ginsburg cared for no one. They were there flexing some muscle, and if I'm right, they loosened the lid A LOT for the public defenders to follow.
Final thoughts...
There is no way to take back the pain these people have caused, all of them. But rest assured none of this goes unchecked. None of this is okay, right, believable or worthy. And I was a witness to these events. I have researched, I have uncovered, questioned.
And the truth will always prevail. It's the only thing real about any of this...
Bakersfield Californian: http://www.bakersfieldcalifornian.com/local/x920646019/Doctor-gets-three-years-probation-in-patient-drugging-case?utm_campaign=Feed%3A+tbc619+%28The+Bakersfield+Californian+--+Latest+News%29&utm_medium=feed&utm_source=feedburner
Friday, June 22, 2012
They are all doing it...
They have robbed us of our trust in their deep misunderstanding of what has happened to them.
That deep deception foists itself upon us all. From our small community where some chose to ignore the growing illness or even accept it all the way to the people feeding off the top where they no longer remain hidden.
Greed has dug a hole as some are in a constant state of seeking more.
This lead Pamela Ott, former KVHD CEO, to lie and convince us that she was here at KVHD and at Sierra Kings to help make healthcare better for all.
It was a wonderful notion, but it was not her true intention.
Dr. Hoshang Pormir, was mislead and swept away by the people who would do anything to control a tiny hospital.
He left his oath as physician healer to go down this empty road.
Gwen Hughes another victim of this deceit took it upon herself to harm patients under the orders of those such as KVHD board members, Bob Jamison, Brad Armstrong, JoAnne Jones, CNO, Sharon Brucker, CFO, Chet Beedle.
Then others came such as CEO's Rick Carter and Tim McGlew. They didn't come for our benefit they came seeking their own.
Even new CNO, sold out to the false power. Mark Gordon held out as long as he could. Now it's almost impossible to get a true word from him.
But these people are truly victims of victims as on top you will find those who are prey to the fake power of control.
Jerry Brown your California Governor has been eating at the same table.
His justice could not possibly tear apart a whole system? Could he?
Only if he was in a position not in the deceit.
Could someone so entrenched in the power of deception be able to even see truth anymore?
There is only suffering for these people.
A felony for these defendants who hide in shame, is nothing compared to what these people are suffering with and will until they give it up.
I know they are not the only ones. I know this is what has happened to them. I do hope that they can recover their real truth and move forward. But these depths of untruth are difficult to navigate. The bigger it gets the more it consumes.
But that is what KVHD under Fire caused which was to expose truth to such a degree that there would be no further deception. They are duly exposed all of them from your local ER to Obama care.
Telling the truth was my service. It was NEVER a burden to carry. It freed me when it was spoken.
It is our obligation and only real tool against such corruption. SPEAK TRUTH no matter what if only for yourself.
The powers that be have admitted that there is pervasive deception and we cannot trust in them to bring us truth. We can see it and if we can we don't linger in revenge or false justice. The courts are full of untruth. They have been perverted for the sake of power.
No court can bring truth, only true hearts have it. And you know who you are.
Best to all.
Wednesday, June 6, 2012
Dr. Pormir to be sentenced July 11th...and more
The eight counts of elder abuse were dismissed as Pormir has accepted the charge referred to in penal code, section 182 (a) (5): "To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws."
Pormir is scheduled to return to court to be sentenced in the case on July 11th.
Conspiracy would mean there are partners in this crime, and as of yet, the California Department of Justice has been keeping a low profile-- which is odd as they used this very case to elevate one of their own several years ago.
Now in the "hands" of Attorney General Kamala Harris, the case has not seen much media attention or actually there are no press releases listed on her website either.
Since the new "tight-lipped" AG has not given out much information regarding the case, I guess it's time to speculate a bit here.
Kamala Harris California Attorney "in General"
There are three defendants in the elder abuse case, Pormir, former Kern Valley Healthcare District CEO, Pamela Ott and once director of nursing for the KVHD skilled nursing facility, Gwen Hughes.
As of now, Pormir is not scheduled for trial, and all information leads to the plea deal. The other two defendants remain on track for a trial later this month on June 25th. (we'll see)
But the legal code above really strikes me as something that could have been used to round up all the players at KVHD who allowed the residents of the skilled nursing center to suffer and possibly die due to alleged mistreatment, along with keeping it all quiet.
"...any person who actively participates in any criminal street gang, as defined in subdivision (f) of section 186.22, with knowledge that it's members engage in or have engaged in a pattern of criminal gang activity..."We tend to prejudice ourselves and think that street gangs are "the" real threat: How about people in positions of trust who lie? Who can lie when people have died in their care. These are the people really taking down America right now. The people with their hands in the cookie jar who want to have a position of power and access to the benefits of that position--but none of the responsibility.
Also not addressed was the issue that employees attempted to bring the mismanagement problems to the surface. There were attempts to address the problem with under staffing the nursing center. But employees who chose to speak up were demeaned or fired or they quit due to pressure to conform.
I maintain that several of the board of directors and administrators were part of a cover up which lead to unsafe conditions for residents of the SNF. I have many different kinds of evidence to prove this: documents-witnesses-audio-video--but I guess that's just not good enough for the AG is who is the leader of bringing justice to all-- and, me, I'm just one of the pack. (sarcasm)
http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=\DIDOCS\20110815\DMRAAADE2\&did=AAADE110815170725193.DID&licenseType=A&licenseNumber=49827
State Medical "Bored"
Something interesting happened last year as the leaders of keeping California residents safe from harm as they get medical care, the State Medical Board, also had a chance to weigh in on the problems Dr. Pormir had in the skilled nursing facility.
Once again, Pormir signed off and will take the penalty set forth by our Medical Board: Two years probation- a "how not to kill your patients" 40 hour catch me up class and finally he can never have a "solo" medical practice again. (read document above for specific information)
How this penalty fits in with the conspiracy charge remains to be seen, but the doctor has had some help along the way since he was charged with elder abuse on Feb. 17, 2009.
Pormir's team...
His first round of help along with Pamela Ott, came from three KVHD board members, and they voted to allow both defendants $25,000 each to help defend themselves. Hughes and a former defendant were refused assistance with their criminal matters via the board of directors.
Pormir must have gotten excited as after a year, he was in the company of some big time attorneys.
Donald Etra, a visitor to the George W. Bush Whitehouse sleep over, and former pal of Ralph Nader, took over the case in 2010.
Etra's sidekick was none other than Monica Lewinsky's (Former President Bill Clinton's paramour) William H. Ginsburg.
The two famous attorneys were in our town for a sweep of information at one point, talking to Pormir's old chums, but they avoided me. Why? Too much truth? They did however leave with documents and other goodies which they cajoled from people who were impressed by their position.
So, Pormir was defended by Ginsburg in his dealings with the state Medical Board.
I suppose for the good doctor that was money well spent, as the Medical Board document allows Pormir to continue his medical career with some slight reservations such as not being able to have his own practice and a "refresher" class. There is also a section of that deal that indicates his admission of something or another cannot be used in a civil case. I don't know how true it is and will ask once I get some answers.
But unlike Ginsburg, Etra left, and Pormir was given a public defender. The current attorney on his case is Fred Gagliardini, "I defendem" and he has brought home a plea deal we are anxiously awaiting hearing about.
Or did he? (Gagliardini has been sent a request for information on the deal)
Did Etra make a deal for Pormir prior to his departure?
The last time I was in court, Etra, Ott's former attorney Jim Faulkner, Hughes' former attorney Bruce Blythe, all piled into a car together after court. Etra was even fetching the former CEO who was not his client, for court. (See youtube video as I was sitting in my car with my camera in front of the legal Beagles white Mercedes Benz, license plate number...)
It was a legal gang bang and after it was over, all the defendants were given public defenders.
Oh, I was given something too: a legal way to keep me out of the courtroom.
I would like to mention the cute little move on the part of all parties including the DOJ lead attorney, Steve Muni.
Due to my issue with telling the truth I always got permission before I went into a courtroom with my camera.
On this day, I did not film as the morning session was moved to the afternoon. I got some lunch and headed back to court. As I sat on the bench outside the courtroom, two guards (not one) grabbed my camera and told me I had to get out or take the camera out.
I was told I had taken video illegally. Of course I knew I had not taken any video, so I made a bit of a fuss, even writing to the judge himself.
When I got into the courtroom I could feel the collusion all around me. The attorneys, including Captain Etra, all had self satisfied grins on their faces. Then the judge called my name. "Moi?"
I stood up and listened intently, though I could barely hear, as the judge explained to me that I had taken illegal video earlier that day. There was no opening for me to "defend" myself. I sat back down.
Moments later, the same happy grin was on the DOJ as I was asked to stand up again.
The judge and the DOJ made the statement that I would be a witness in the penalty phase of the case and therefore...I could NOT be in the courtroom. Aren't they clever?
No, not really clever...
There isn't much being said in the community or anywhere else for that matter about the wonderful job the DOJ has done in bringing justice and positive change to our community that was hit by these horrible events more than five years ago.
I'm sure if this was a big media event we would be hearing from the DOJ or Miss Harris, but this may just be something they would rather "get over with" and move on to something that will play better in the morning newspaper.
The facts are all up on this blog, no need to go far to find some truth.
We had board members, Bob Jamison, Bradley Armstrong, and Barbara Casas in overt Brown Act violations which are included in emails, and other documents, (later even on film--look up) working together to keep the problems at the hospital out of the media spotlight.
Well, that is if you don't include board member, Bob Jamison's defense of defendant Pam Ott on his radio program in 2007. Or even his attacks on me on his blog which were apparently okay with the ABC radio affiliate, it's business name posted under each nasty message.
Conspiracy, you bet!
Collusion is what it takes to get your irons out of a fire I'm personally trying to put out. There has been NOTHING but lies and deceit amongst people who are elected or hired to do their due diligence.
The reason I'm still doing this is because I care about the families who had to endure such inhumane treatment in the course of finding out what had happened to their loved ones in the skilled nursing facility. I'm here because I do believe in fair play and the truth, two things slipping away from those in power.
Finally, these players are still playing and thanks to Facebook, I got a chance to verify it for myself. In the photo below, board member, Bob Jamison, and former board member, JoAnne Jones, fawn over Ott on Facebook over this past new year.
Again, as I said before, we will likely not see legal justice as it appears to be "just us." But don't count me out, hell, I'm just warming up...
More on Pormir as information becomes available...
Also, there is a Kern Valley Healthcare District board of directors meeting tonight at 5:30 pm in the cafeteria at the hospital.
Tuesday, June 5, 2012
Dr. Hoshang Pormir pleads out of elder abuse charges...
There is something in the air and it doesn't smell like flowers. Apparently on Friday June 1st, the state of California, decided to give elder abuse charged, Dr. Hoshang Pormir, a way out of a trial which was scheduled later this month.
Pormir, and co-defendants former Kern Valley Healthcare District CEO, Pamela Ott and DON, Gwen Hughes, were scheduled to stand trial on allegations of elder abuse on June 25th of this month.
However, it appears initially that Pormir has plead no contest to a "conspiracy" charge and all other elder abuse charges have been dropped, according to the Kern County Superior court website.
But why so quiet?
If you will look at the pic to the right you will see that the charge the doctor plead out on begins with the sentence, "If two or more persons conspire..."
As of today, there are no indications that the other defendants have been given this same opportunity, but this still does not account for the idea of conspiracy. We will need to wait as I expect there will be more information coming out shortly. Or if it doesn't we may have to go and get it to come out.
There is no question that conspiracy charges could be given all around at KVHD for many reasons, but this is a mystery as of now.
Thursday, May 17, 2012
California Department of Public Health surprise move to deregulate Nursing Home industry...
The story coming from the CANHR website, California Advocates for Nursing Home Reform, www.canhr.org/, reports that DPH attempted to get a measure passed that would reduce oversight in hospitals but the reduction in monitoring nursing homes would have been extensive.
It included removing time lines for inspections on licensing, as well as in the cases of claims of dangerous conditions, imminent death, would no longer have to investigated within 24 hours. These are only a few of the radical changes listed in the CANHR article.
The article reported that the measure was pushed through the budget committee rather than the normal legislative channels as it was being called an "efficiency" plan.
According to the article the measure would do egregious harm to the reform that has taken place over the last 30 years. Such surprising items as "informed consent" and theft provisions would have been placed outside the scope of DPH's responsibility.
The strange part of the story is that the Senate Budget sub-committee and Assembly are to have indicated these cuts would not save money. There are no specifics on how much money the cuts were supposed to have garnered, but the services to elderly residents throughout the state would most certainly have been impaired.
The CANHR article represents that the measure put forth by DPH was of a "sudden" nature and the people in the business of rallying and supporting the elderly came together quickly to quash the destructive cuts which could cause deleterious effects on the whole nursing home industry.
Quick call to DPH
With Governor Jerry Brown slashing the state budget as the deficit has been upgraded to 16 billion recently, so the move on the part of DPH should be an interesting story, as Brown continues to threaten to cut what are considered necessary services, such as nursing home oversight.
However, the surprising part of this situation is why DPH would move so quickly, under the radar, to get such a bill passed? This would be front page news, but somehow it got left on the back burner. I'll wait for my answers from DPH before I speculate too much.
I made a call to DPH public relations to see if I could get a response to this startling article and I did manage to speak to a young man who promises that someone will address the claims in the CANHR article.
What makes me wonder about this whole situation is that the PR guy who will be calling me back, said he knew nothing about this. I would imagine that it would be the most controversial bill to date for DPH, but he knew nothing?
Basically, this was an attempt to stop DPH from policing, being responsible for the care of elderly patients around the state.
Who would be in charge if DPH manages to challenge this recent decision and go forth with a similar measure or bill?
I'm not against a citizen's group overseeing the nursing homes as I think they would be far more effective in enforcing the hospitals to follow procedures known to keep people safe and comfortable.
But why so quickly and why doesn't the public relations department even know?
KVHD Elder Abuse Trial
Next month marks almost five years since the allegations of short staffing and elder abuse took place in the Kern Valley Healthcare District skilled nursing facility.
With a former CEO who had false credentials to a tax measure with faulty architectural plans, to cries for help from staff, this trial will represent the willingness of the state to hold some KVHD leaders accountable for the deaths and mistreatment of its residents.
Not only that but this trial will be a litmus test as DPH wants to curtail it's oversight, but does that leave Kamala Harris and the Attorney General's office to intervene? It was Jerry Brown, formerly the AG, and the Department of Justice who opened up the investigation into KVHD.
DPH records found serious problems at least a year before the DOJ came to KVHD. But there were no alarms going off or efforts to make changes. DPH accepted KVHD corrective measures.
The KVHD elder abuse trial is scheduled for June 25th at the Kern Country Superior court. Defendants, Pamela Ott, Dr. Hoshang Pormir and Gwen Hughes, all have public defenders, though at one time, Pormir had high powered attorney, Donald Etra. Ott was also given 25K dollars in a 3 to 2 vote by KVHD board members.
DPH and KVHD
Considering the lackluster job done by DPH surrounding the investigation into the claims during 2006 that KVHD was short staffed, one has to wonder if they are so incompetent, how much worse would it be without them?
We will find out a month from now whether there should be consideration of removing the cronyism that is DPH and finding a more effective way to monitor elder care. If the elder abuse trial turns into a sinking ship, then it could be time to find a more efficacious way to protect our older, disabled citizens.
DPH had cited KVHD a year before the use of psychotropic drugs for the use of "physical restraining." They were also written up for having patients with severe weight loss and dehydration.
Those citations did nothing to stop them from medicating patients without permission, the records show that in 2007, KVHD simply stopped the physical restraints and switched to using primarily psychotropic drugs. These drugs often make patients drowsy and easier to manage, requiring less staff.
Links to DPH measure
The measure has so far been defeated, but Patricia McGinnis with CANHR, said she expects to see it back on the table in the future, but with the confidence that it will be voted down again.
"We plan to not let it go through," the nursing home advocate protested.
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_Proposal_EX-01.pdf
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_CANHR_Letter_Opp.pdf
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_SenateBudgetSubCommitAnalysis.pdf
Monday, September 19, 2011
KVHD News: State Medical board rules on Dr. Hoshang Pormir
According to the Medical board of California, former Kern Valley Healthcare District physician, Dr. Hoshang Pormir, currently charged in the hospital's elder abuse case, has had a ruling in his case with the state's investigation into negligence involved with the nursing center at the rural hospital during 2006 and 2007.
Documents from the Medical Board show that Pormir has been given two years probation and limits on his scope of practice such as having a "solo practice" or working with the elderly, were amongst his limitations.
http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=\DIDOCS\20110815\DMRAAADE2\&did=AAADE110815170725193.DID&licenseType=A&licenseNumber=49827
What about the elder abuse trial?
With the quietly revealed probation and restrictions on one of the three defendants in the KVHD elder abuse case, we still have a trial date for March 12, 2012, at the Kern County Superior court.
Not that a plea bargain can't be reached, as they sometimes wait until the very last moment to cut a deal and avoid a trial which could be a greater risk than taking a lesser sentence.
As of the last reports, Dr. Pormir, along with fellow defendants, former KVHD CEO, Pamela Ott, and the former Director of Nursing, Gwen Hughes, still face criminal charges as well as civil cases waiting in the wings as this case may be overshadowed by new cases coming to light out of the public healthcare district.
With a growing list of cases against the hospital in civil court, and several cases emanating from the skilled nursing facility mismanagement, KVHD faces great financial losses in the coming months and years, which could turn out to be the death knell for the ailing hospital.
The community has recently been alerted that the first thing on KVHD's list of "stratragic" planning which was revealed at a special meeting so the community to join in, has a new tax measure at the top of the list.
More vanilla ice cream and a community that is expected to pull the hospital out of debt, which may be impossible with the upcoming legal cases. A letter to the editor of the Kern Valley Sun Newspaper from a former KVHD backer, and a long time volunteer, was turned down by the hospital as she fell after a meeting and broke her teeth.
The angry sounding letter, seemed more disappointed than anything else, but it seems the hospital can dish it out, but won't pay for it, and according to the author, asked that her dentist give a discount.
With the hospital unable to make its monthly payments to debt insurer, Cal Mtg., they stagger on with ideas which would have worked years ago, but with no circumspection, the hospital faces major hurdles, and one of which is convincing unhappy customers to come back to a hospital which cannot provide worthy or adequate healthcare. And then pay some more property taxes too.
Who is William H. Ginsburg?
After a few reactions to the Medical boards' decision with Dr. Pormir, most were shocked by the seemingly "light penalty" which includes a 40 hour course and payment for the classes.
But Dr. Pormir, who has had several different attorneys since the elder abuse charges were brought against him, one being Donald Etra, somewhat famous for his work with celebrities, and his visit with George Bush in the White House.
However, the attorney who is listed as handling the Medical board case, is William Howard Ginsburg, someone sounding familiar, but most don't remember that a young, Monica Lewinsky, and a President, Ginsburg was handling Lewinsky.
These are big attorneys who have been around and know the right people, and so far, this is the first of the cases being handled by the state agency, Consumer rights, Nursing board, so there will be more information to come soon.
Dr. Pormir still has some mountains to climb, but it seems he is being helped by some top notch attorneys, though he has recently had to change to another attorney, financial problems being the reason, he still must face elder abuse charges.
Hughes was first to bankrupt, as the hospital's liability insurance does not cover criminal matters, and then Pormir and Ott claimed hardship and have been assigned attorneys by the court, while Hughes has a public defender.
With money short for years at KVHD, since the late 1980's when they failed to complete an expansion, and have had an anchor around their credit for 22 plus years. However, the actual costs will never be accounted for in anyway, be it the patients who were mistreated or harmed, the suspicious deaths, the management company costs, the losses to overpriced contractors, the contract with debt insurer Cal Mtg. which keeps costing more and doing nothing.
Why did HFS come in to help with a default, chosen by KVHD CFO, Chet Beedle, and then they are not finished with the job, because as board member, Dr. Gross DO, claimed they left "giant holes" in the report which were corrected by the CFO in the finance committee? What was the point of spending more, as these pennies have added up to millions, and this debt is owned by the community.
You do have power but you have to care
But there are several things this community could do to take back this hospital district and we will discuss this shortly.
We could vote a tax for the hospital, but then they haven't exactly helped us, so that may not be the answer. We don't know where the money goes, the community had to catch a 75K error: what's wrong with that picture?
We could also vote out the whole district and start over. We could also vote to take our tax money back from the district until they clean out the parasitic practices and conflict of interest.
There's oversight that the county of Kern could have sent in a long time ago, assigned someone to the hospital. No, we have seen no action on the part of the county or it's representatives to shift control so that there is transparency finally forced on the part of KVHD and it's partner, Cal Mtg.
What do you want to do? Class action lawsuit? Bring in the feds to use the much underused, ROC laws, also known as the "should have known" laws. This would bring the mice out of the woodwork, the employees too frightened to lose their jobs would have to speak up or be charged as they "should have known."
Just a thought, what about you, have any thoughts?
Sunday, August 15, 2010
Kern Valley Healthcare District Elder abuse case returns to court today, Oct. 15
The somewhat political and infamous elder abuse case against a CEO, Skilled nursing Director, and the Director of Nursing, at the Kern Valley healthcare district, begins again today, Friday, Oct. 15, 2010 as the defendants will be "answering to the charges."
I'm calling the case political in the sense that we have had our California Attorney General, Jerry Brown, on TV, calling this case the worst he had ever seen. This was right on the heel of his announcement he was running for governor, and he used this case to get attention.
Well you got my attention Mr. Brown.
And certainly the small town aspect where many who have ties to the hospital financially, socially, or as a patient, have divided and still to this day have not shown the character to stand up and say "that's enough."
After an interesting preliminary hearing, not that I heard much, as they marched me out of there as quickly as possible. They used a double attack, one against my media release, and second they said I could potentially be a witness.
I'm not potentially a witness, I am a witness, there's a difference. I am only potential in the sense of the court case itself, but the rest is the "true story" of what I KNOW happened.
The DOJ or as I call them "dodge" the truth
The moment I left court in August during the preliminary hearing I felt a plea deal coming on. I could understand why former KVHD CEO, Pamela Ott would not want to have to face the emails and her phony resume, and many of the other crumbs left behind on her trail of deceit.
So, in an effort to gain more understanding, I sent off some questions to "Dodge the truth" and here are the responses.
Would it be fair to say the preliminary hearing is concluded? Or is it underway until it's a trial? The preliminary hearing is over.
If the court has found sufficient evidence to proceed to trial, then is "assured" that there will be a trial? Nothing is assured. The defendants could always plead guilty to the entire information, or plead guilty to some portion of it through a plea agreement.
If the case goes to a grand jury, the prosecutor puts on witnesses and information before the grand jury, who tests the evidence and, if it feels it warranted, issues the indictment.
If the case starts by way of a complaint, the court must hold a preliminary hearing, in which the prosecutor puts on (some) witnesses in front of the judge, who tests the information, and if he or she believes that the evidence is present, the judge "holds the defendant to answer" for trial in the Superior Court. (In the past, all of this was done in the Municipal Court.) The prosecutor then files an "information" based on the counts that the judge in the preliminary hearing "held the defendant to answer for", (and any other evidence that comes out in the preliminary examination relating to crimes not formally charged in the original complaint), and the case is then set for arraignment on the "information" and at that time the defendants enter new pleas (of guilty or not guilty) and the case is then set for trial.
The second arraignment is required by law. A felony case may not proceed to a jury trial unless the evidence has first been tested, either by a grand jury or by a judge, and the evidence is found to be good enough to deserve a jury trial. This is to protect a criminal defendant from having to defend him or herself in a felony jury trial against bogus or worthless evidence.
(Note: this is the procedure for felonies. Misdemeanors don't require either a preliminary hearing or a grand jury indictment.)
The prosecution can use any witness it deems appropriate during the trial, subject to evidential requirements and rules of evidence.
The Press Office does not have plans to issue a press release at this time.
Thank you
The attorney's for the defense Donald Etra and William H Ginsburg
These two lawyers are the wild cards of this whole small time criminal case. Etra, who was an attorney for Ralph Nader and a guest at the White house during the George W. era, replaced the attorney for Dr. Hoshang Pormir last April.
Ginsburg's past is in no way less interesting, he was the attorney for "Monica Lewinsky" during the Clinton era, where we spent millions on attorney fees to do absolutely nothing.
Because of their presence in the case, Etra handling the criminal aspect, and Ginsburg handling licensing issues for Dr. Pormir, I can foresee the greater potential for a plea deal. Does the DOJ really have what it takes to go up against these two attorneys?
But at one point, and it is on my Youtube site, all of the defense attorneys appeared to be working together as they left in the same vehicle, not knowing I was in front with my camera like the paparazzi.
I also found out that these two attorneys came through our town and picked up records and were looking for information and references for their client, Pormir.
We will know later this morning what the outcome will be today, or if the defense wants a fight for their "innocent" clients, or the state wants to get out of this as fast as they can, as Mr. Brown, doesn't want to feed his gubernatorial rival a lobster dinner on the eve of the election.
Update later...
Thursday, July 1, 2010
UPDATED:short staffed not uncaring, leads to trouble
(UPDATE) This blog from last year tells a story that cannot be denied: short staffing and likely not chemical restraints may have lead to the possible early demise of some KVHD nursing home residents. Since the government, public health, didn't follow up on the weight loss and dehydration issues, they cited the hospital with, along with short staff, the medications were the unlikely cause. I would rather they who died were not starved, or neglected, but that is what the facts look like.)
I think it boils down to this: How can you run any sort of business without the proper amount of staff? But the big question is did the short staffing cause the problems in the SNF in the first place?
KVHD is short on everything, except cheap talk. Doctors, nurses, nurse's aids, and obviously knowledge and money are in short supply.
Here's a recent article about another nursing home situation that sounds oh too familiar.
Compass Health and administrators at Mission View are trying to increase profits
by reducing staff and employing people who were not properly trained or
qualified, leading to Williams’ death.
Attorneys for Cameron, Greg Coates
and Michael Thamer, argue that the nursing facility took short cuts in care
that resulted in unsanitary and hazardous living conditions and left residents
unsuper vised. They also said there was an increase in accidents and injuries
suffered by residents and nursing staff and other signs of inadequate care.
To read more on this go to:
The following stories illustrate and comment on what happened at the KVHD nursing facility during the time the hospital was investigated.
Short staffing, pay cuts, and administration caused the problems.
A nurse’s story from the skilled nursing facility
She had just gotten her credentials to be a certified nurse’s aid in August of 2007. Her career started at the KVHD Skilled Nursing Facility at the same time as the new Director of Nursing Gwen Hughes came on board.
Though she had compassion for all the residents she cared for, she had no time to do the things she wanted to do to make the lives of the patients a little better.
“We were always short staffed and running around trying to just take care of the patients. I wanted to read their mail to them and talk them, but I never had time.”
The young aid said she was in charge of 14 patients by herself and working 12 hour shifts, while only being given half hour lunch breaks. The pace, she said, was too much.
She said she received no formal training from the nurses or the staff, and relied upon the other aids to tell her what she needed to do. “They told me this is what we do and this is the way we do it”
The aid said she didn’t know any better than what she was told, it was her first job in healthcare.
One of the first things that changed when Hughes took over, the aid said, was that they were ordered to take all the patients into the dining room to eat.
“There were some of them in pain and I didn’t want to move them, but they kept telling me that it was good for their health, because being in bed constantly could cause pneumonia. It made sense but I still felt sorry for the people. They have a right to eat where they want to.”
She said, the aids stuck together during this time, and were concerned about the changes being made to the protocol, and the changes being seen in some patients. (these are just aids mind you. What concern did the administration and the board have?)
“One woman used to talk to me and tell me stories, she wasn’t completely lucid, but she knew what was going on.”
Then over a period of a couple months, the aid said that the patient began to be “lethargic” and show signs of weakness.
“She began drooling and I didn’t know what the heck was the matter with her. I thought it might be part of a natural process.”
Running from patient to patient was how the aid described the situation.
“We were very short staffed; two aids per hall and that was a good day.”
Asked if she told the Department of Health Services about the problems, she said, “I kept telling them we were short staffed. Then I finally just quit, we were all so stressed out.”
In the exit survey, from April 2007, one of the findings was that the Skilled Nursing Facility was short staffed.
Citing other problems, the document lends to the argument itself that short staffing was the main issue as well as leadership and training.
The document said there were patients not getting enough hydration and some left in soiled or wet garments.
Medications were not given on time as well. You would have to have enough people available to get those meds to the residents on time.
Apparently, DHS never interviewed the again about her experiences at KVHD.
The aid also mentioned that there were discrepancies in the paperwork that was given to DHS compared to what they had actually completed.
"The other aids would get together and we would do all of our paperwork. But it wasn't updated for some reason when DHS came in."
After quitting KVHD, the aid still went on to nursing school. She said she is learning a lot about what happened in the past and why it shouldn't have happened.
"I'm now working at a nursing home and we have three patients to take care of; no more."
The federal laws require one hour and 58 minutes per patient to take care of their daily needs, bathing, eating, and things that make their life better, a little time to talk and listen.
Obviously, this young aspiring nurse, could not have accomplished the requirements for care. In 12 hours, with a break, she had 14 patients; so how could the hospital been meeting that law?
Regarding the investigation of the KVHD skilled nursing facility, she told me that she doesn't understand why the doctor and pharmacist are being indicted.
She said in school they are taught that doctors need to "trust" and "rely upon" the nurses who spend more time with the patients and know them better.
"In nursing school they teach us that an RN has to be really careful assessing patients. If the doctors agree with your judgement call they rely on you. The RN is the doctor there. They call in the prescripti0ns to the doctor who phones in the prescription. Basically, the nurses write the prescriptions."
The nurse's aid said after her experience with the KVHD hospital SNF, she was glad to be gone. "I would never want to work in a place like that again. It was terrible; I hated it. But I did care about the patients."
Another nurse, an LVN, who is a witness in the indictments against, Gwen Hughes, Dr. Pormir, and Debbie Hayes, shed some light on what had happened in a letter to the editor after she was fired during the crisis in 2007.
Her career with the KVHD began just before the hospital was taken over by a management company called BRIM, sent in by Cal Mtg. to make sure they got their payments on the bond debt, which was in question for a time.
"Looking back at this administration, one of the first official functions was cutting the pay of all the nursing staff. This began the decline of quality of staff personnel."
She went on to say that when she started her employement in the SNF at KVHD, there was a director of nursing who she thought had the right qualities. "Staff and residents were happy and yearly state surveys came and went without a problem."
The LVN, who had hoped to retire from KVHD, said everything changed when the management company and it's team arrived and they lost the DON, Todd Elkins.
"We lost him as soon as the present administration began; butting heads with the CEO, speaking out for his nursing staff over the pay cut."
She describes things going downhill all the way to the point of losing her job over speaking out.
"Last friday, (5/4/07) I believe I was unjustly dismissed from my position. Strong words, you might think, but I have all the proof necessary to back up my words. I am in fact one of the scapegoats of the administration."
Scapegoats are plenty at this hospital even now. We still have remnants of the BRIM management company style and technique existing today. As well as the CFO.
And we still have not done anything about the debt.
Do you think I'm making them angry by asking for relief for this hospital? Is that such a bad thought? There is relief going to huge corporations, why wouldn't this board and CFO not want to try and negotiate an agreement?
You know why.
Saturday, January 9, 2010
Part One: Breaking News: A new political spin on the Kern Valley Healthcare District Case? Who is Donald Etra and how did ABC get involved? And some background...
In the last four years of this investigation into the wrongdoings at the Kern Valley healthcare district which includes not only elder abuse (which is a general term not specific to chemical restraints), but other crimes such as "Brown Act" violations by three members of the board of directors; targeting employees for unwarranted termination because they wanted to tell the truth about the elder abuse caused by short staffing and peculiar new drugs being used by the Director of Nursing; a previous policy that reduced staff and pay leaving the skilled nursing facility understaffed and overworked (and patients underfed and underweight, according to government documents); use of the only local radio outlet to disseminate falsehoods regarding the situation at the hospital by a board member and disc jockey and CEO; a CEO without proper credentials who was in charge and giving orders to the management of the nursing facility; same CEO, Pamela Ott, misrepresented her credentials, claiming to be a nurse practitioner; threats from the CEO, Ott and board member, radio jock, Bob Jamison, (running off the ABC logo) of lawsuits against all who disagreed; malicious defamation, lies and deceit round off the list of incredible truths the have taken place in our rural, public hospital.
(Phhhew! That's some list for you, and I even left a few things out for brevity sake.)
Recently ABC News took up their own story of the Kern Valley Healthcare District, running a national news story on the day that defendants in the "elder abuse" criminal case went to court last week, Jan. 5, in the Kern County Superior Court.
It was simply a continuance of the matter last week in court as one of the defendants changed attorneys in the case and needed time to catch up on events, so the date was pushed out until March 9.
But as nothing is as it seems in this case, the attorney for Dr. Hoshang Pormir in the criminal matter is now not just any attorney, but we have a political celebrity in our midst with Donald Etra.
(Yeah, me too, I didn't know who Etra was and even went on to make a few cute remarks about his name, extra and et cetera, and even commented that he must be really "high powered" if he uses an "AOL" email address.)
That was until I received an email with a story about our new player. (I'm really good at looking stupid, so this is nothing new for me.)
As I gazed upon a picture of Donald Etra and his wife, Paula, posing at Camp David with friends, George and Laura Bush, I knew this was going to get even stranger. I closed the email and began my own search which lead me to several articles and even a site called "mucketymucks" which links celebrities to other people, like Etra is linked to Snoopdog and Fran Drescher too. (weee..)
More interesting is Etra's politics which he is purported to have called himself a liberal democrat. Not unusual except that he is supposedly a good friend and supporter of conservative democrat, George W. Bush.
He was a consumer advocate working as Ralph Nader's attorney, according to several of the articles I have read so far. (Interesting that he would be on this side of the case as a consumer advocate, but Mr. Etra is also known for defending death row criminals, according to background information contained on several different internet sites.)
Politics has come to this case, but it is bigger than I thought, as it would be very easy, or I should say, is easy to get your name out there on a "shock value" story such as the one being told by the attorney general of the state of California, Jerry Brown.
Could our elder abuse case get him elected to the governor's mansion? Again?
However, let's start with some background on the case, unlike ABC news, which we will deal with shortly, so we can catch up to this ever changing story which is occurring right now, not almost four years ago Diane Sawyer...
Jerry Brown's scare job on chemical restraints
As some know, the use of psychotropic medications sometimes referred to as, "chemical restraints" when used in an institutionalized setting, are really two different issues entirely.
Psychotropic drugs are not unusual to find in nursing homes, rehabilitation centers, try calling around, they are part of the arsenal against the horrible nature of some of the geriatric illnesses such as Alzheimer's, dementia, Parkinson's disease, and other disorders which can make the elderly patients altered, frightened, and uncomfortable emotionally and physically.
And then you have the issue of medicating "violent" patients who are unaware in their psychosis that they are acting out and hurting staff and other patients. It's not really the patient him or herself, it's the diseases of age or injury which turn loving spouses, parents, grandparents, into raging, violent, out of control and sometime dangerous people.
It's a tough call as to how to treat these patients so they have their dignity, compassion and effective care for the last part of their lives.
Anyone who has had to take care of a grandparent or parent or even in certain cases younger people who have brain injuries or degenerative diseases, knows that it is a full time job and nothing about it is ever perfect.
My grandmother turned very violent, breaking windows, attacking people, and was too much for us to handle at home. We tried for a time, but it became dangerous for all involved.
So, we took my violent grandmother to a facility where she could be monitored and live peacefully with caring and professional people helping us with the situation.
She was immediately put on a drug, not used in this case, but one that could make people wonder if it was not a chemical restraint, "Haldol," which is an antipsychotic, not used much anymore, as newer, safer, drugs have come along to replace that generation of drugs.
My grandmother responded well to the drug, and was no longer violent, but was much more sleepy and tired but even occasionally smiled. My grandmother it was later found had Alzheimer's.
I'm glad they gave her the drugs, they made the last obviously horrible part of her life more tolerable. I would rather have seen her sleep then grapple with her invisible demons which would set her off into fear and violence.
The situation was though that my grandmother was 92 years old, and the drugs were going to have an effect which may have shortened her life. She lived to be 102 years old, ten years after she was psychotic and put on antipsychotic drugs.
We made that choice. I call it a choice as there is little alternative out there, but we knew and accepted the situation.
The choices are slim, and must be well thought out by a combination of family and medical staff working together to make the last days, months or years, (sometimes people live a long time in a vegetative state due to illnesses like Parkinson's and Alzheimer's.) as pleasant as they can be for "all" involved.
At KVHD there were no choices
But such as what happened here at the Kern Valley Healthcare District in 2006 was a breakdown in management systems, because the leader, the CEO, the administrator who signed off on the skilled nursing facility, did not have the background to be running that operation.
In fact, the credentials we have found to be true and correct, is that the CEO, Pam Ott, had a current registered nursing license in California which came from a Fresno City College degree she received, which was an AA, back in 1971.
Not only were the systems outdated and the procedures in place ineffective at the beginning of 2006, but families were being pushed out, not allowed to know what exactly was going on. They weren't given their choices.
It's not just about chemical restraints
A chemical restraint would be a medicine which reduces a patient's psychosis or altered thinking and behavior, thus allowing the patient more freedom from the symptoms and obviously allowing them the chance to be more interactive and even potentially able to help themselves again.
However, these drugs or any drugs should not to be used as a babysitter, which is what is being claimed in the criminal case here in the Kern River Valley.
In April of 2006, four months before the investigate period by the California Department of Justice, which includes August 2006 until January 2007, the Kern Valley Healthcare District was cited by investigators in the nursing center's annual survey by the Center for Medicare/Medicaid Services, CMS, for using "physical" restraints on the residents.
But that claim was not as ominous as the results of what was happening in the nursing center before the six month time period delineated by the Department of Justice, DOJ, office of Medi-cal fraud and elder abuse.
Months before the August start date of abuse (I guess that's what the state might call it) there is paperwork indicating the nursing center is short staffed, not fulfilling it's nurse to patient ratios, which obviously would cut back on the ability of the unit to properly monitor it's patients.
Indeed that was the case, as residents had lost significant amounts of weight, and were even noticeably dehydrated by the investigators from public health who do the annual evaluations for CMS on nursing centers.
(There are many pages from these reports on this blog. Please look up short staffing and physical restraints, it will give background, and actual documentation)
The administrators of the skilled nursing facility were also being questioned in April of 2006, as Pam Ott, CEO, did not have a Nursing Administrator's license, and indeed she did not need one in a facility where the nursing facility is part of the hospital.
But public health pushed that issue and Ott sent the inquiry to the hospital's board attorney, Scott Nave, who came back with the answer that Ott indeed didn't have to have those credentials to sign off as administrator of the SNF.
Ott, in a letter she signed to CMS, indicates that she is "not" the person in charge of the nursing facility: the person in charge is Sharon Brucker, RN, and former Cheif Nursing Officer.
Brucker has not been charged in the elder abuse case, though Ott was a late arrival, being brought in six months after the initial arrests of three defendants, a doctor, pharmacist and director of nursing, and according to the press office for the DOJ, the investigations are on-going.
You must have a DON
One of the corrections public health demanded of the hospital early in 2006, was the need for a Director of Nursing for the nursing home portion of the hospital.
At this point, according to employees of the time period in 2005/06, the previous director of nursing, who seemed to be well liked by the employees, left the employ of the hospital because of a disagreement he had with the CEO, Ott, and the Cheif Financial Officer, Chet Beedle, over paycuts and staffing problems.
Now this is according to several nurses who worked with this DON at the time, not from the hospital or the DON himself.
The hospital did not have Director of Nursing for the SNF, so public health insisted that KVHD hire one.
And Lucy Miller was transferred into the nursing center a week later.
Ott signed off that the hospital was in compliance by bringing in a DON.
Miller, didn't stay long, just long enough to comply with the state and federal mandates from the annual survey.
An ad in the classifieds
Miller left, or actually changed jobs within the hospital, and an ad came out shortly after, for a Director of Nursing for the SNF.
We, the media, the board of directors, heard that there was a new DON ready to take charge of the skilled nursing facility, Ott announced we were waiting and very excited about our new acquisition.
"She has more than 30 years with geriatric experience," Ott told us, and we were impressed.
In August of 2006, our new DON, came on, her name is Gwen Hughes. She is now charged with eight counts of elder abuse 368 B (1) and two counts of assault which was a result of medicating a resident against her will.
But in August 2006, Hughes was the hero, coming into a nursing center which had been recently beaten up by the state investigators over the use of the physical restraints, the short staffing, the lack of monitoring the weights of the patients, and even a few issues regarding medications, psychotropic.
"We are so lucky to get her," Ott told me as I was introduced to Hughes, who was in a wheelchair, and rather quiet as I asked some simple questions, like "what brings you to our little town?"
Hughes told us she had polio at one point in her life, but was still able to walk without her wheelchair, so we should not think it a miracle if she arose and began walking.
In conversations which were to follow the thing we kept hearing about Hughes from our CEO, (who herself, had funny credentials from a diploma mill called Kennedy/Western University, an on-line program, unaccredited, and not accepted in California,) was that Hughes was an expert in "geriatric medications."
(Now, how would she know an expert?)
Part two: the IDT team