Toronto Star

Nursing homes rarely penalized for neglect,

- MOIRA WELSH STAFF REPORTER

Ahigh-end Oakville nursing home neglected the bedsores on an elderly woman for so long that a rotting ulcer ate deep into her leg, exposing her shinbone through blackened flesh.

After nearly three months of lax care at The Waterford, Dorothy Benson grew increasing­ly sick from the infection in her decaying skin and died in hospital from problems related to sepsis and dehydratio­n, according to an Ontario Ministry of Health report. She died on August 24, 2013, at age 93.

The Waterford’s “neglect” and “inaction,” as the ministry inspector described it, meant Benson’s life ended in agony. She had an ulcer eight centimetre­s wide on her left shin, a gaping hole on her heel and a smaller sore on her foot. (The inspection report was later altered, with black ink covering the line that stated the home’s inaction “contribute­d” to her death. It was replaced by handwritte­n notes saying inaction “jeopardize­d the well-being of the resident.”)

For Ontario’s aging boomers, Benson’s death is a cautionary tale with a dire warning: nursing homes are rarely penalized for neglect. In The Waterford case, no police charges were laid. No inquest was called.

“If a kid had died in foster care from that kind of wound, do you think we would have seen police charges? Very likely,” said Jane Meadus, of the Advocacy Centre for the Elderly.

Meadus, a lawyer, said details in the publicly available ministry report on Benson’s death show that police could have considered the Criminal Code charge of failing to provide the necessitie­s of life. That charge has been used in other cases in which vulnerable people were neglected by relatives in the family home.

A Halton Regional Police spokespers­on told the Star its detectives were called off by the regional supervisin­g coroner.

Sgt. Chantal Corner said detectives were advised by the coroner that there was “no criminal aspect” to the investigat­ion. “We have had no further involvemen­t as it was deemed a coroner’s investigat­ion,” she said.

The coroner’s office, however, has since told the Star it will not hold an inquest: a public hearing that examines the circumstan­ces of a death to prevent others from the same fate.

The lack of accountabi­lity infuriates Benson’s son, Sheldon.

“It’s totally outrageous how the coroner can ignore this and a police officer can turn a blind eye,” Sheldon said. “It seems that seniors are expendable. I do not accept this.”

The Waterford’s only repercussi­ons came from “compliance orders” in the 2014 Health Ministry report into Benson’s death. The investigat­ion was launched after Benson died and Sheldon filed a complaint related to inadequate care from the doctor, nurses and frontline staff.

That inspection resulted in ministry orders to fix inadequate skin and wound care practices (the bedsore cat- egory). The ministry inspector found two other residents also suffering from problemati­c wound care.

Chartwell, the real estate investment trust that owns The Waterford, didn’t dispute the ministry’s findings.

“I want to say how much we regret the situation that the ministry’s report chronicled,” said Karen Sullivan, chief operating officer for Chartwell, which operates17­9 long-term care and retirement homes across Canada. “I would also say to you that the ministry actually did us a favour with this report.”

In a detailed report, the ministry inspector concluded there was a link between the home’s neglect of Benson’s bedsores, starting in May 2013, the ensuing sepsis and dehydratio­n, and her rapid decline in the Oakville Trafalgar Memorial Hospital.

“This inaction contribute­d to the resident’s death while in hospital,” it said.

The report said the home didn’t do the following: check Benson’s wounds weekly, prevent dehydratio­n, use proper wound assessment tools, reposition Benson so she wasn’t lying on the sores, revise plans when wounds didn’t heal and ensure frontline staff had proper training.

Sullivan said Chartwell took the inspection report seriously and made major changes in training and practices.

A new administra­tor has since been hired to run the home.

The Waterford’s subsequent annual inspection, in December 2014, found no violations for bedsores or dehydratio­n. In its 2015 annual inspection, the ministry cited the home for hydration problems related to one resident and delayed reposition­ing of another.

Benson’s wasn’t The Waterford’s first case of inadequate bedsore care. Ministry inspection reports from 2011 and 2012 detail similar problems with pressure ulcers — the painful wounds that can result from poor nutrition, dehydratio­n or being left in one position for too many hours.

Despite a “compliance order” in 2011 and voluntary plans for change in 2012, the report into Benson’s death concluded the home made “no specific changes or improvemen­ts.”

In a lawsuit filed against Chartwell earlier this month, Sheldon Benson said the neglect of his mother’s “growing gruesome pressure ulcers” amounted to a “high-handed, flagrant and calculated disregard” for her rights. Chartwell said it won’t comment on legal matters.

Sheldon told the Star that he asked Dr. Roger Skinner, the regional supervisin­g coroner, to conduct an inquest into the neglect of his mother while in the care of a provincial­ly licensed long-term care home.

“No human being should be permitted to ‘rot’ as she did . . .,” he wrote in a letter to the coroner.

In a written response dated June 11, 2014, Skinner said Benson’s death would be examined in the September 2014 meeting of the coroner’s “Geriatric and Long-Term Care Review Committee.”

Skinner said he’d provide that decision in writing. Sheldon said that the coroner’s office sent a letter in late spring, saying there would be no inquest because his mother died from natural causes related to sepsis.

“It’s not right that the system just ignores neglect in nursing homes. More than anything, I wish the police would revisit this.”

According to Chartwell’s Sullivan, there was no followup from authoritie­s.

 ??  ?? This photo shows the worst of Dorothy Benson’s bedsores shortly before her death.
This photo shows the worst of Dorothy Benson’s bedsores shortly before her death.
 ??  ?? A cherished family portrait of Dorothy Benson as a young woman.
A cherished family portrait of Dorothy Benson as a young woman.

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