Hospital sues nursing home, alleges it dumped patient

Polk County's public hospital is suing a Granger"I said, 'What? Why is he going to Broadlawns?' "
nursing home, saying the nursing home dumped ashe said. "They didn't really have an answer."
brain-damaged patient on the hospital and refusedLora Weatherman said she wanted her brother to
to take him back.go to Mercy because his records were there. She
The hospital, Broadlawns Medical Center, says insaid the nursing home overruled her wishes, even
its lawsuit that Granger Nursing and Rehabilitationthough she was his legal guardian.
Center transferred Edward Weatherman toShe said Broadlawns staff members called her
Broadlawns in October 2008. He remained thereabout a week later and said that her brother was
until he died more than six months later.ready to return to the nursing home, but that the
The nursing home denies wrongdoing.nursing home wouldn't take him.
The Iowa Department of Inspections and Appeals"I went to the nursing home, and no one would
has heard increasing reports about nursing homestalk to me," she said. By the time she got there,
transferring patients to hospitals, then refusing tothe staff had his belongings packed, she said. A
take them back. A department spokesmanjanitor helped her carry them to her car.
indicated the agency is looking into the allegationLora Weatherman said her brother spent most of
against the nursing home, which already is on ahis last months in Broadlawns' psychiatric wing,
federal watch list of homes with histories ofeven though he didn't have psychiatric problems.
problems.An independent advocate for patientsShe was glad to hear this week that the hospital
said incidents like the one that allegedly happenedwas suing the nursing home for its actions.
at Broadlawns are becoming more common amid"People shouldn't be treated like that," she said.
a shortage of proper facilities for Iowans withPiper, the patient advocate, said she'd heard
serious disabilities or mental disorders.hospital administrators complain about nursing
"This has really been a huge issue in this state,"homes dumping difficult cases on them, but she'd
said Sylvia Piper, executive director of Iowanever heard of lawsuits being filed over the
Protection and Advocacy Services.practice.
Weatherman was debilitated by brain damagePiper said such situations often come up when
from an accident four years before his death innursing-home administrators believe their facilities
May 2009 at age 56. Broadlawns' lawsuit says theare ill-equipped to handle some residents. "It could
nursing home sent him to the taxpayer-supportedvery well be there was no other place for such a
hospital for stabilization after he "suffered anpatient to go, so the nursing home said, 'Let's just
episode of dementia and combativeness."take him to the hospital. They'll take him.' "
Nursing-home employees said they would takeDavid Werning, a spokesman for the Iowa
him back after his condition improved, but theyDepartment of Inspections and Appeals, said
refused to do so, the lawsuit alleges.finances provide one of the main motives for
Christopher Jannes, a lawyer for the nursingnursing homes to transfer patients to hospitals.
home, said the lawsuit's claims are false. "TheInsurance payments don't always cover the actual
resident in question was appropriately transferredcost of caring for people with complicated
to Broadlawns, in accordance with the ordersproblems. He said he hadn't heard of other
from the resident's physician, and the samelawsuits being filed in such cases, but he wasn't
physician felt that the resident's readmission tosurprised to hear that a hospital had become
Granger posed a risk to the safety and welfarefrustrated enough to take the matter to court.
of the residents who resided there," he said in anWerning said nursing homes may only discharge
e-mailed statement.residents for one of three reasons: if the patients
Broadlawns' lawsuit, filed last month in Polk Countycan't pay for their care; if the patients become
District Court, contends a hospital is anviolent; or if the patients' symptoms deteriorate
inappropriate place for a patient such asbeyond the facility's ability to care for them.
Weatherman to spend more than six months.However, he said, it's usually inappropriate for a
Weatherman's sister agreed.nursing home to send a patient to a hospital, then
Lora Weatherman of Waukee said in an interviewrefuse to take the person back.
that her brother's problems began when he wasThe Inspections and Appeals Department can fine
struck by a car while crossing a Des Moinesnursing homes for inappropriately discharging
street at night in 2004. He suffered brain damagepatients. Werning said he couldn't comment on
that left him forgetful, she said. For example, shewhether a formal complaint had been filed in this
said, "he always thought I was my mom, becausecase.
I looked like her." He would become angry whenWe are aware of the situation and we are dealing
she told him she was his sister.with it," he said, adding that any state sanctions
Weatherman said her brother went to severalwould be made public.
facilities, including one in Oklahoma, before windingBroadlawns' lawsuit says the nursing home broke
up at the Granger nursing home in early 2008.state and federal laws governing patient transfers.
She said he seemed to get good care there, butThe suit asks for $76,000 in reimbursement for
the administration apparently wasn't satisfied withits costs, plus punitive damages to prevent such
payments from Medicaid and Medicare, publicbehavior in the future.
insurance plans that covered his costs.The nursing home's Texas-based owner,
Several times during his stay at the GrangerPreferred Care Partners Management Group, and
nursing home, Edward Weatherman needed to goa related Texas firm, Pinnacle Health Facilities
to a hospital to have his medications adjusted. HisXVII, filed papers this month asking that the case
sister said he normally went to Mercy Medicalbe transferred to federal court.
Center in Des Moines, which is a private facility.Broadlawns' lawsuit doesn't list a cause of death
But then nursing-home staff members told herfor Edward Weatherman, and it doesn't say the
they were sending him to Broadlawns, a publicnursing home's actions contributed to the death.
hospital.