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Activist sues ManorCare.

Allegations include poor care, false advertising

A LAWSUIT FILED MAY 8 IN CALIFORNIA SUPErior Court alleges that ManorCare Inc. has failed to meet state and federal minimum standards in providing nursing home care to residents in ManorCare's nine California facilities.

The suit was filed on behalf of the general public by Ila Swan, an activist for nursing home reform. (See "Citizen Swan," November 1998 CLTC CLTC Certified in Long-Term Care
CLTC Community Long Term Care
CLTC Chapter Leadership Training Conference
, page 46.) It alleges that the Toledo, Ohio-based chain has systematically failed to meet the standards set by the Nursing Home Reform Act of 1987, which mandates that a nursing home "must provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial psychosocial /psy·cho·so·cial/ (si?ko-so´shul) pertaining to or involving both psychic and social aspects.

Involving aspects of both social and psychological behavior.
 well-being of each resident in accordance with a written plan of care." ManorCare operates 298 nursing homes in 31 states. Combined, the California facilities represent about 1,400 beds.

Swan, a resident of Vacaville, Calif., says that she became an activist after witnessing the poor care her mother received in a nursing home. That facility was not operated by ManorCare.

Based in part on a sampling of complaints and deficiencies confirmed by California health authorities, the suit cites cases in which ManorCare staff allegedly failed to respond to call lights and caused residents to sit in their own waste for several hours, as well as instances of severe pressure sores pressure sore
See bedsore.
 and malnutrition malnutrition, insufficiency of one or more nutritional elements necessary for health and well-being. Primary malnutrition is caused by the lack of essential foodstuffs—usually vitamins, minerals, or proteins—in the diet. . Swan also alleges that ManorCare violated the California Business and Professions Code by engaging in unfair business practices and false advertising.

"When you look at ManorCare's promotional material, you see an organization that purports to deliver the highest quality of care," stated Steve Berman This article is about the writer. For the lawyer, see Steve Berman (lawyer); for the Mayor of Gilbert, Arizona see Steven M. Berman.

Steve Berman is an American writer, born in Philadelphia, Pennsylvania, and now living in New Jersey.
, Swan's attorney. "The allegations of the complaint paint a far different picture-- one of abject neglect and callous cal·lous
Of, relating to, or characteristic of a callus or callosity.


of the nature of a callus; hard.
 disregard for the human condition."

Berman, who is based in Seattle, has won several victories against the tobacco industry in 13 states.

Rick Rump Rump

The name given to the group of investors refusing to tender their shares into a corporate action, such as a merger or acquisition.

Should the quantity of rump shares be large enough, a corporate action may be stalled or halted.
, a ManorCare spokesman, says the company is reviewing Swan's allegations. "Most of the incidents included in the lawsuit are from 1999 and before," he adds. "It's going to take some time to go through it, so there's not much we can say at this point."

The suit seeks a court injunction ordering ManorCare to fully comply with the Nursing Home Reform Act, an order to stop deceptive advertising, and restitution.
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Publication:Contemporary Long Term Care
Geographic Code:1USA
Date:Jul 1, 2001
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