Wednesday, August 25, 1999
AUSTIN - Texas Attorney General John Cornyn today announced the filing of a civil lawsuit against Micwal Inc., doing business as Cross Timbers Care Center. The lawsuit was filed in Denton County District Court.
The suit was filed at the request of the Texas Department of Human Services (TDHS), because of licensing violations found by TDHS during a complaint investigation in September of last year. Those violations endangered the health and safety of residents at Cross Timbers Care Center.
"If you are responsible for the abuse and neglect of the elderly, you will be held accountable for your actions,"Cornyn said. "I have made it a priority in my administration to protect those who can not protect themselves, and I intend to continue that commitment," Cornyn added.
The TDHS complaint investigation of Cross Timbers Care Center revealed numerous violations. Several diabetic residents were found to have received inadequate care. Staff at the Cross Timbers Care Center had failed to perform routine blood sugar tests for the residents. It was also noted that staff failed to inform residents' doctors about blood sugar tests that came back abnormal.
The investigation also determined that staff had ignored a doctor's order about giving one resident insomnia medication. The doctor had ordered that daily doses of the medication be discontinued and that the medicine be given only on an "as needed" basis.
Despite those direction, Cross Timbers Care Center staff continued to give the resident medicine on a daily basis.
In another instance, it was noted that one resident with a foot infection and another with severe skin condition, did not receive adequate care.
The Attorney General's lawsuit against Micwal, Inc. asks the court for a jury trial and for civil penalties to be assessed against the defendants up to the maximum of $20,000 per day of violation.
Since Attorney General Cornyn took office, 13 lawsuits have been filed against 25 separate nursing homes. 16 other nursing home cases have been settled. To date, the Attorney General's office has collected just over 1 million dollars in civil penalties and attorneys fees since Cornyn took office.
This case has been handled by Assistant Attorney General Nancy Shellhorse of the Attorney General's Elder Law and Public Health Division.
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