Civil trial against Rockmart nursing home continues
by Melody Dareing
May 13, 2011 | 5588 views | 18 18 comments | 12 12 recommendations | email to a friend | print
The civil trial claiming wrongful death against a Rockmart nursing home continued Friday in Cedartown with the defense presenting their evidence denying the allegation.

The case is Elizabeth Costlow vs. Subacute Services Inc, SAS Rockmart Inc., d/b/a Rockmart Nursing and Rehabilitation Center, administrator Karen Forrister and the facility’s director of nursing Kim McMichael.

Costlow’s mother, Ruby Mae Tyler, 82, was admitted to Rockmart Nursing and Rehabilitation Center Dec. 21, 2007.

The allegation is that Tyler’s three-month stay resulted in infected pressure ulcers that resulted in a leg amputation, escalated fever, and numerous other infections resulting in her death April 6, 2008.

Costlow wants to be reimbursed for all expenses relating to her mother’s medical expenses and funeral totaling more than $121,000 plus any punitive damages from pain and suffering.

The nursing home’s defense attorneys presented their key witness, Dr. Aimee Garcia, a Texas physician who specializes in wound care, in Friday’s round of testimony.

Garcia reviewed Tyler’s medical records and treatment plans dating back to the beginning of her stay at another facility in Rome.

Her conclusion was there were a number of medical factors leading to pressure sores on Tyler, including periodic nutrition problems.

“As they were able to get her nutrition up, she would heal and this happened throughout her stay,” Garcia said.

Records from the prior facility indicated Tyler was a high risk for amputation, she said.

Garcia also testified regarding pictures of Tyler’s wounds. She said pictures show wounds healing, indicating Tyler was getting proper treatment at Rockmart Nursing and Rehabilitation Center.

Costlow’s attorney asked Garcia in cross-examination about proper documentation of providing care and assessment.

Attorney’s for the plaintiff are claiming there are as many as 63 errors, which they claim constitute fraud, found in Tyler’s treatment records from Rockmart Nursing and Rehabilitation Center.

Garcia said documentation problems are not uncommon in her field.

She told the nursing home attorney she can make a judgment on Tyler’s care at the Rockmart long-term care facility in spite of shortcomings in record keeping.

“Basically, what you look at is the entire picture,” Garcia said. There are things I can pull out from other parts of the record.”

Garcia said it was her estimation the facility was providing proper standard care for Tyler.

The trial is expected to continue next week.
Comments
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Mrmr
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May 19, 2011
cam 0910 you are wrong the nuresing home has been sued
Sassy01
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May 19, 2011
I would like to say thank to knowsthestory for letting myself and everyone else know what happened. It has cleared my mind wondering what went on. Glad you took time to share your story to clear things up so everyone can just drop throwing the blame on this lady for being money hungry. This story was well put and when the staff or anyone else wants to throw something in or comment the truth is out and everything else is just to cause drama.
cam0910
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May 18, 2011
You people amaze me, you have no idea what the facts are, or what really happened, or anything for that matter! You sit around and belittle the staff when they dedicate there time to the elderly day in and day out, Ruby Tyler just so happen to pass away which was awful but that doesn't mean it was the staffs fault. These people work hard, you may have your fair share of bad apples but that is anywhere you go, not just a nursing home, If you knew the facts you would know this was the first time a nursing home has ever been sued in the history of polk county, so that must tell you they were doing something right, yes Mrs Tyler may have developed bed sores or pressure ulcers what ever you will call them but this could happen to anyone even me and you. regardless of age or the care that was performed, once you stop eating and give up WHICH SHE DID your body gives up also, no matter how hard you try to prevent it. Everyone makes mistakes we are only human but these employees DO NOT deserve the brutal comments and accuqations being thrown at them, if you knew anything at all you would know nursing home workers do not make much money at all, so they must be doing it for the enjoyment of HELPING others not just because it is a job where they get a paycheck, some of you need to stop and think about what you are saying and posting on here because it is very hurtful to some people. And until you know the TRUE facts like what really happened, who came to see this woman, and what was done or not done,stop being mean, cause im sure its already hard enough to be accused of something you know is a lie. Some of you need to go take a tour of this facility and meet the friendly staff then maybe you will reconsider all of these mean things you are saying and realize there are still decent people in this world. The staff at this facility have every right to defend thereselves, I know I sure wouldnt let you sit back and belittle me when I know I do a good job and I know im a good person. And some of you keep saying God knows and they will answer to God! that is just the true fact he does know the truth and he will handle it on whom evers behalf it falls on, but I also think I would take a long hard look in the mirror cause the good lord sees all hears all and will make his final judgements on all so I think you can leave that part to him. K thanks!!!!!!!
gills
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May 18, 2011
Sorry it is knowsthestory..
gills
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May 18, 2011
Sassy and Knowesitall,right on the money...my comment is this..if you the public have a loved one that you have to place in a nursing home,please make sure you are there each and every day to make sure your loved one is GETTING the care they deserve..does'nt matter if it is cedartown,rockmart are rome..KEEP YOUR EYES OPEN..
knowsthestory
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May 18, 2011
Are you people ignorant or just blind. Just because your nursing home was found not to be held liable by this jury doesn't mean that this nursing home was not responsible for what took place. you should count your blessings that that the jury decided to hold the corporation responsible so that the owner wasn't able to file bankrupt and shut your whole facility down and leave everyone without a job. Hence the seperation from his corp. That owners plan was to hang you guys out to dry when situations like this come about so the jury decided to hold someone accountable. Now the owner of this corp. didn't come here his self and neglect the resident so therefore someone is responsible. Hence the nursing home. And just so the public knows the whole story and not just the slanderous comments that all of the rockmart staff is posting on this site. This lady's mother was at another nursing facility where she fell but the staff said she was ok, three days later she was rushed to the hospital for emergency surgery because she was there at the nursing home for 3 days with a broken femur. If thats not neglect what is. And I ask the public what would you do if it was your mom. The majority would do the same as this lady. I'm guessing the rockmart nursing staff didn't know those details or just deciding to leave them out just to make this lady look bad. I know this lady and she is a loving and caring person. And greed has never been in her vocabulary. And for the lady who said she killed her own mother by chasing after that dollar. I'll pray for you because just as jesus said before going to the cross "forgive them father for they know not what they do" Your just ignorant. And i'll pray for all of those people at that facility who just do their job and were no part of this. And i'll pray for those people who knew everthing that was going on. I pray that you'll clear everything up with the almighty judge that some day your gonna face. Because when you sit on the judgement seat of Christ there wont be any reason for you to put your hand on the Bible and swear to tell the truth. He knows the truth now and you can bank on it he's gonna know the truth then. NOTHING GETS PAST HIM!
Nursey1993
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May 18, 2011
Sassy, its obvious by your comments you have never studied a disease process! When the body is compromised by many diagnosis, There is very little the Humans here walking on this earth can do to prevent the disease from progressing.

This lady had already sued another Nursing home in another county. And you need to work in a Nursing home to know actual facts and not your friends hear say comments.

The people that work in a Nursing home do not get rich by no means, and MOST do it because they love it.

It is not a perfect world like the one you seem to live in, I dont know what Nursing home knows when the state is going to walk in the door, but I sure would like to work in one like that, but sadly that is not the case, there is a window of months that the state can walk in at any time.

If you think deficiency free is easily given to a Nursing home you are WRONG!!!

So I am happy you want her to win more money, you evidently can afford for your co-pays and medical bills to increase a little more every time someone sues healthcare.

Iam glad the jurors saw that the lawyer was after $$$$$$$ after all he ended his closing statement with how much they would receive!!!

No one blames the lady for not loving her mother, but c`mon her SECOND lawsuit??
Brt
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May 18, 2011
Say what you want but you don't know all the facts and if y'all are so worried about the way we do our jobs then you should go get your own certification and come take over please!!!!
Sassy01
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May 18, 2011
Just bc you get a paycheck bc you clock in to a job doesn't mean you do your job right. Let's face it you may think it makes you stronger bc the staff in Rockmart throws blame at a lady for loving her mom by saying she is money hungry and killed her own mom it doesn't make you stronger. Just saying!!! I am proud of the lady taking a stand and doing what was right and I bet some changes will be made now. By the way just a little FYI it's easy to get a deficiency free bc I have friends that worked at nursing homes and you are told state is coming and extra staff called in. I know for a fact so keep denying it. I pray that every family member that has a loved one that is abused or neglected will step up and do the right thing bc it will show the staff they are not paying them to do what they want to do but to care for the patients. May God be with all the families that has ever lost someone due to neglect!!!!!
Tammy2464
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May 16, 2011
I would think if I had already experence one so called bad facility that lead her to sueing them. I would not even think twice about putting my mother in another one, unless she thought the first one was easy money ummm.... So let go for another one.

she is dying anyway so I will place her in another home and sue them for more money and when she is gone I will be set.Wouldn't you think she would have took her mother home and cared for her herself spend the money she got from the facility she previously sued to make sure her mom live to the end of her day under the love and care she could have given her.

If in three months she thought her mother wasn`t getting the care she should....Why didn`t she take her out???

Money hungery no respect for nothing or nobody but the all mighty dollar..

well I hope she can live with the fact that she killed her own mother by chasing that DOLLAR!!!

AND REMEMBER WHAT GOES AROUND WILL COME BACK AROUND!!!
superhootnanny
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May 15, 2011
I have been working at the Rockmart Nursing Home since Feb 1997. April 1 1997 I was promoted to Food Service Director. During the first few weeks I realized about 90% of our residents I knew personally or knew their family members which really made my job enjoyable. Being from the Polk County area I really take pride in knowing which type of foods our residents enjoy and request often. We are all a team that work together to see that our residents are taken care of. Food Service is my department however if I see anything in any other department that needs reporting to our administrator it is, the same goes for other departments will report to me any problems with food service. We strive to hire dedicated people to cook and serve our residents and to care for them in every way. I am especially proud of our dedicated staff for our deficiency free surveys.
ladybugg1975
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May 15, 2011
I am shocked by the accusations that are being brought forth in this case. Rockmart Nursing and Rehab has been my place of employment for over 10 years. I am a CNA who works on the floor there in the facility every day and the employees do a fine job at caring for the residents. People bring their family members there to be cared for because they can no longer do it at home, and thank GOD there is a place to go like RNRC. The staff and residents are like family. I see so many advertisements putting nursing homes in a bad light and offering to get their family a big check....if they keep on and there wont be anywhere to take the elderly when they need 24 hour care. I think it is just SAD that such a good home has been labeled bad in this case.
Nona1
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May 15, 2011
I find it very disturbing that if your loved one passes away in a nursing home, this equals a law suit.

This is a great home that has loving and caring people. I know this because I worked there for 15 years.

I also know this because of the history of deficiency free surveys received from the state for multiple years.

To the staff @ RNRC you have a great team and do a great job!!!!
happygrl125
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May 15, 2011
I have been an employee of RNRC for only a year or so but I did grow up around the nursing home environment. My mother worked 2 shifts in one my whole life. I remember hanging out during activities and doing things with the residents. They enjoyed it. I grew up and never saw myself in healthcare environment but today I find myself wrapped up in it just like 1000’s of other employees. I work with a fantastic team and see it everyday. I don’t do healthcare because I don’t work in that department nor will I ever but I see everyday how much those employees put their heart into their jobs. This facility is an awesome place and has wonderful staff to work with. No, we don’t have the fancy brick and sided building. No, we don’t have a glass ceiling or waterfall inside the facility or a rug that costs as much as my mortgage payment for 3 months. No our building don’t have massaging chairs, nor a weight room, nor a green room, not even a conference room, but we DO have caring and dedicated staff and great residents that enjoy us as much as we enjoy them. Yes, there are people, family members, residents and even staff who put a complaint in every once in a while but what place is perfect. Without complaints or problems it would be a perfect world and hello people, we don’t live in that world. When a complaint or problem is brought to attention it is handled in the utmost timely and proper manner and is usually resolved in less time than it started. All parties are usually happy and life goes on. Rockmart Nursing and Rehabilitation Center has been deficiency free for 2 years running and plan on being that same thing again this year. It takes hard work and dedication to be just that.

I wont bash this case because I don’t know the specifics but it seems as if the almighty dollar is what’s controlling it. The facts have been given and it has been brought public and will do more harm than good just by being just that. Seriously, someone think millions of dollars is going to help this matter. No it wont. Sure millions of dollars would be nice for anyone but to get it ill-gotten is a shame much less a crime. I don’t think lawyers and judges look into the fact that these things happen over time in this case and no one made a mention of it until it was all said and done. Again, the almighty dollar is controlling it. I don’t know how one would sleep at night knowing they are ripping someone off like this over someone they so dearly claimed to have loved and cared for. No amount of money can bring a loved one back. When it is your time … it is just that … your time. As someone said below, nurses and doctors aren’t Gods … just helpers with a big heart and do nothing but help people. From reading this it sounds like this wasn’t something that happened overnight … this accusation seemed to be an ongoing thing over time so I think that the negligence wasn’t only on the nursing home part but on the family’s part for not noticing something wasn’t right from the start if what they say happened really happened the way they say it did. Something just smells fishy to me … Lawyers can certainly turn things around to make one look guilty when they aren’t … just saying! The lady says in the article she didn’t know enough about healthcare to know something was wrong … you seem to know a lot about a lawyer to sue … AGAIN … just saying!
Nursey1993
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May 15, 2011
Why do we have the highest healthcare cost of anywhere....read above and see why.....money hungry people is why. When you want to complain about the cost of going to the doctor or the cost of your medications, remember this article and all the ones like it.

What I want to know is this.......If in three months she thought her mother wasn`t getting the care she should....Why didn`t she take her out??? I read this over and over in these cases , but for some reason the family doesn`t care/worry enough to take them home or wherever, but they are ohhhhhhh so concerned at the end when they smell a dollar!

Just seems strange to me, you want to go by a documentation error, but in reality how many times did you go visit your mom, talk with anyone about her wound, her disease process....

I think our judges and our people need to take a long deep look into How much did the family come in to see about their loved one too...How much do the healthcare people and the community have to pay out of their pocket to a family that left their mom for three months in a place they now say is no good? That should be the question... if you the family really truly feel they are not being cared for...why not remove them from that facility? Don`t wait until they pass away then say hmmmmmmmmm Maybe I can sue someone!!!

Because that tells me you really didn`t care about her, but about the almighty dollar!!

And the article doesn`t say who paid the bill....was her mother private pay...or was she medicaid and the people have paid her bill one time?

I have family there at RNRC and they are a good home, good to their patients and the patients love them. People that work in healthcare are just that PEOPLE not Gods or magic makers and can not always control the wrath of the aging, nor a disease process.....

Wake up people
unchained413
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May 14, 2011
I have been an employee of RNRC for over 11 years and I am very concerned at the scrutiny the facility is under regarding this case. Rockmart Nursing & Rehab Center is a place for residents to come and be loved and cared for by the dedicated staff that works there. I am very proud to be a part of such a great staff of people who are truly called to care for residents 7 days a week/365 days a year. Taking care of the residents is not just a job, they are considered part of a family. It is a very positive environment that promotes socialization among the residents and provides them a home-like atmosphere. We have residents who have came to the nursing home up to three times for rehab. Our hometown reputation speaks for itself in this community. We have been deficiency free the past two years back to back and are committed to care for every resident that we have the opportunity to serve.
bethalb
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May 14, 2011
I have worked at the RNRC for 4 years and this really bothers me, we are RNRC take good care of our residents and always will, we are a good team and stride to be the best, we have been tag free for 2 years in a row and 3 for the 4 that i have worked there, I love my job and plan on staying, we stride to watch after these resdients as they were our own loved ones and will continue to do so, we are one BIG FAMILY and will continue to stay that way!
nosyrosyrocks
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May 14, 2011
Seems to me like the fancy dr from tx says it was inevitable this was going to happen anyways? from what I understand and know this lady and her money hungry grubbing nursing home hating lawyer is out for only money and personal revenges against places he thinks he can run over. But my opinion is just a pebble in the creek compared to what God has in store for people like this. She has sued several places. Money aint bringing her mother back and it dont comfort you but only for a short while. But running places like nursing homes in the ground isnt the answer to todays problems. Get a job or a rich husband. Stop suing people lady. I am sure your mom wouldnt be approving of such behaivior. Let her rest in peace. U already got one peice from one nursing home and working on another. U didnt pay her medical bills anyways...my tax money does!
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