The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Kindred Healthcare
Kindred Healthcare is a prominent healthcare company in the United States and has been since its founding in 1985. Its headquarters are in Louisville, Kentucky, but specialty hospitals and facilities are in 34 states. With over 300 facilities in these 34 states, Kindred Healthcare provides extensive patient care.
Throughout the years, Kindred has expanded its reach, and its networks include long-term acute care hospitals, inpatient rehabilitation services, skilled nursing facilities, hospice care centers, behavioral health services, and home health agencies.
Kindred strives to provide a compassionate patient experience where patients receive the quality care they need, especially with medically complex patients. This complex network of facilities treats thousands of patients annually, touching the lives of everyone who enters one of its facilities.
As a leading healthcare company, Kindred Healthcare utilizes a patient-centered philosophy to treat its patients.
Despite being a leading healthcare company, it is not without faults. Complaints and lawsuits have been filed against the company throughout its decades of operation, but that doesn’t diminish the great things it has done for patients in its hospitals and other facilities.
The Centers for Medicare and Medicaid Services (CMS) provides ratings for all their Medicare facilities. Hence, you know whether the facility maintains a high level of care.
Many Kindred Hospitals receive high marks on the rating system, but not all do. That’s why it’s so important to look into the specific Kindred facility you’re thinking of going to or having a loved one sent to so you can ensure they can continue healing in a place that provides the best care possible.
If you or a loved one have been neglected, abused, or mistreated in any way while staying at a Kindred Hospital or facility, you might be entitled to compensation. Contact the Nursing Home Law Center when you’re ready to hear about your legal options and seek compensation.
Complaints and Legal Actions Against Kindred
The complaints against Kindred Healthcare range from everything from lack of assistance with activities of daily living to wrongful death. Many of the complaints have resulted in lawsuits against this healthcare company, but not all of them. Some of the complaints Kindred hospitals have received include:
- Failing to treat patients promptly
- Failing to inform patients of their health status or change in health status
- Lack of safety protocols in place to protect residents and employees
Lawsuits Against Kindred Healthcare
Kindred Healthcare has faced more than a few lawsuits over the years. Given the sheer number of facilities they operate in the United States, this is bound to happen, but that doesn’t make what caused the lawsuits okay. They’ve faced lawsuits from individuals and government agencies on a federal and state level.
False Claims Act Lawsuit
Like many other healthcare companies that take Medicare and Medicaid, Kindred Healthcare has faced a massive lawsuit for violating the False Claims Act (FCA). They were charged with false claims in the state and the federal system.
The lawsuit states that Kindred Healthcare knowingly filed false claims for ineligible patients to receive hospice care under their federal health care programs. Kindred hospitals cited in the lawsuits were in Texas, Missouri, Indiana, Ohio, Rhode Island, and Alabama.
There was also an indication that SouthernCare New Beacon, a Kindred affiliate, violated the Anti-Kickback Statute by paying remuneration to a consulting doctor between 2016 and 2022.
The False Claims Act lawsuit was settled, and Kindred Healthcare was required to pay $19.428 million to the federal government and to the various state governments where they were found to be filing false claims. [1]
Ruth Goros v. Kindred Healthcare
Ruth Goros was living at a Kindred Healthcare facility when she suffered a stroke. Despite being in a healthcare facility, the staff at this Kindred hospital failed to provide timely treatment for her stroke. In her lawsuit, Goros stated Kindred’s negligence caused her irreversible and permanent brain damage. This brain damage was eventually proven to be fatal to Goros.
Goros had a neurologist testify about the brain damage and that the negligence on Kindred’s part contributed to worsening effects due to delayed treatment. Kindred stated the severity of the damage wasn’t due to their untimely treatment but to the co-morbidities that Goros had on top of her stroke. They repeatedly said no intervention could have reversed the effects of the stroke.
While that part is true, it could’ve reduced the severity of the effects had treatment been administered sooner. Unfortunately, this case was dismissed since the courts determined it wasn’t a triable issue.
Glickman v. Kindred Hospitals East
This lawsuit differs slightly from what Kindred and other healthcare facilities regularly face. The lawsuit stems from a devastating shooting by an 87-year-old man, Theobaldo Tames, in the lobby of a Kindred Hospital in Central Gables, Florida.
This facility provides explicitly long-term acute care to patients who are more than often terminal. Margery Glickman and Tames had a friend receiving care at this hospital and regularly saw each other when visiting them. [2]
On the morning of the shooting, Tames arrived at the Kindred hospital and signed into the facility like normal. The employees at the front desk weren’t aware that his friend had passed away the night before and stated that Tames’ behavior was completely normal.
When Tames and Margery sat down together in the building, he shot her several times before shooting himself. Tames passed away, but Margery survived the shooting. Margery and her husband sued Kindred Healthcare for not having the security company check in visitors and not protecting people inside the facility.
Waite v. Kindred Healthcare
While the vast majority of patients in Kindred hospitals are older adults or elderly, this lawsuit stems from the death of a 23-year-old woman, Hannah Waite. In 2014, Hannah was a nursing student and patient under the care of Dr. Rabia Shaikh and Dr. Daley at Kindred South in Tampa, Florida.
After an extensive stay at Tampa General Hospital, she was transferred to Kindred Hospital for treatment. She started experiencing nausea and vomiting, but the staff attributed it to the pain medications she was on. They provided anti-nausea medication, but it didn’t help.
Two months later, she passed away from an erosive ulcer that went untreated and undiagnosed. The family was awarded $30 million in a wrongful death lawsuit. [3]
Inspection and Deficiency Reports at Kindred Hospitals
Not all Kindred Healthcare facilities receive a CMS rating because they’re not all skilled nursing facilities. Lifepoint Health acquired most of its skilled nursing facilities, but here are some inspection and deficiency reports of a few still under Kindred:
- Kindred Hospital South Florida Hollywood – Issue Summary 09/07/2023:
- Violation: Failing to honor the residents’ rights to a safe, clean, and homelike environment and failing to dispose of garbage properly.
- Example: The facility didn’t provide housekeeping and maintenance services when necessary to maintain residents’ orderly, comfortable, or sanitary environment. They weren’t throwing away garbage properly, and although they were notified that they needed a new dumpster for sanitation issues, they didn’t resolve the issue.
- Kindred Hospital Louisville – Issue Summary 12/04/2023:
- Violation: Failing to keep the facility free from hazards, implement fall prevention methods, and provide adequate supervision, as well as failing to have a licensed pharmacist perform monthly drug regimen reviews.
- Example: The inspection found many staff didn’t know how to properly use the Hoyer Lift, potentially injuring themselves or the residents. When those not aware of how to use the lift attempted to, a resident slid out from the sling and landed on the floor, causing a change in their consciousness. The facility didn’t have a pharmacist review drug regimens once a month to prevent adverse complications from medication administration.
As for Kindred hospitals, they have deficiencies that are worth noting. Most Kindred hospitals have a higher-than-average rate of patients with pressure ulcers. These are preventable and can be very dangerous when not treated promptly, as seen in one of the many wrongful death lawsuits against Kindred.
Free Case Evaluation
The key to getting justice and compensation in nursing home abuse and neglect cases is to work with an experienced attorney. The Nursing Home Law Center attorneys are passionate about holding nursing homes and subsequent parties liable and preventing future negligence from harming other residents. We can help by:
- Looking into your case of abuse or negligence
- Holding the facility and any other parties responsible
- Seeking compensation and justice for victims and their families
- Fighting to prevent future negligence and abuse within the industry
The sooner you take action after discovering nursing home abuse, the better. You don’t want the statute of limitations to run out and then be unable to pursue action. To help set yourself up for success, make sure you:
- Get yourself or your loved one to safety
- Document everything about the abuse, including locations, times, and dates
- Report any incidents to the local authorities, nursing home administrator, and state licensing board
- Reach out to an experienced nursing home abuse attorney
When you hire our experienced attorneys at the Nursing Home Law Center, you’ll get determined and compassionate attorneys who won’t stop until a fair settlement is reached. We offer legal guidance and a contingency fee, so you don’t have to worry about payment until we reach a fair settlement in your case.
If you’re ready to seek justice against Kindred Healthcare or any other senior healthcare facility, fill out our contact form or call (800)-926-7565.
References: [1] Justice.gov, [2] Law.justia.com, [3] Jurimatic.com