90-Year Old World War II Veteran, Hero, alleges Abuse, Neglect at VA Nursing Home

VA Policy on “Patient Abuse” to which all Employees must read and sign prior to working in any position with the VA states in pertinent part that: “Veteran-Patients will be shown every courtesy and that: “They will, at all times, be treated with kindness and sympathetic respect.” Furthermore, said VA Policy also states in pertinent part that: Patient Abuse is the maltreatment of a patient, which includes: mental, physical, sexual, and verbal abuse.” See Link to this VA Policy and Link to The State of California Elder Abuse and Dependent Adult Civil Protection Act at end of this story. 

by Terry Richards

LOS ANGELES, CA – “Phil Nadler, a copilot, was on a mission over Manila Bay when an enemy shell hit the nose of his amphibious plane. He and his crew crash-landed, and Nadler spent a year in the hospital with internal injuries and a broken back ” according to a story about Nadler and his roommate Bernie Tuvman written by LA Times Reporter in 2013. http://articles.latimes.com/2013/sep/08/local/la-me-0908-lopez-ww2-20130908 

Lopez went on to say: “Building 215 at the West L.A. Veterans Administration medical facility is called the Home for Heroes, and nobody can say the two guys in Room 211 don’t qualify.”

Nadler who has been at the West Los Angeles VA Nursing Home for 4 years loves to read books about history. But Nadler told this Columnist in an agreed recorded interview by telephone on Saturday, January 23, 2015, that because he keeps a lot of books in his room, one of the Nurses took away the key to the locker in his room as a form of punishment until he willingly reduces the number of books in his room. “Give me that key,” the Nurse said to Nadler and then physically grabbed it out of his hand, Nadler told this Columnist. That incident was over 4-years ago, and Nadler said he has lost over $5,000 in valuables including shoes, clothing, cell phones because he cannot store them in his locker due to not having a key for his locker.

When this Columnist asked Nadler and a Friend who visits him who made the call for Nadler to this Columnist if the books presented a fire hazard, both said no. Nadler went on to say that the reason they are mistreating him over the books is because the Administrators of the Nursing Home want to get their annual Bonuses by keeping the floors shiny for inspections which they cannot do because Nadler’s books cover part of the floor in his room…

Nadler practiced law for 63 years until he broke his shoulder about 4-years ago in a fall, and who at age 90 stills speaks eloquently is also anemic and has kidney disease. And being 90 years old on top of that should be treated with kindness, respect, and dignity, not with abuse and neglect.

Also disturbing, is the fact that Nadler told this Columnist that Nursing Home Staff has deprived him of using the electric wheelchairs that are supposed to be available to Patients at this VA Nursing Home, so Nadler has to use a manual wheelchair, which at his age and poor condition of health makes it difficult for him to leave his room to go out and get some fresh air or to roam around the Nursing Home and other areas of the VA Campus, or off-Campus.

Nadler also discussed the fact that when he has to go to VA Medical Appointments on the Gurney Bus at building 500, the Main Hospital or other buildings on the Campus, there are speed bumps which the Gurney Bus must traverse which Nadler said causes him and other Nursing Homes Patient’s Backs, especially if they already have Back injuries, causes further injuries, and null and voids any treatment Patient’s may receive for their Back injuries. This coincides with a story by this Columnist before speaking with Nadler. Speed Bumps injuring, causing pain to VA Nursing Home Patients https://vnsla.com/2016/01/19/vaspeedbumps/ 

Finally, Nadler indicated to this Columnist that not just him but other Patients, if not all Patients at this VA Nursing Home were being Abused and Neglected or just generally Mistreated by Nursing Home Staff and Administrators for the same or other reasons.

“The only thing that’s left for these guys is their core, who they are as people, as humans,” said Nadler’s roommate’s son in the cited Lopez story.

 The VA “Home For Heroes Nursing Home is in “Violation of the VA’s own written Policy on Patient Abuse https://vnsla.com/2014/06/11/department-of-veterans-affairs-patient-abuse-policy-definition-and-procedures/ as well as in Violation of The State of California Elder Abuse and Dependent Adult Civil Protection Act  http://www.harp.org/wc15600.htm
For the purposes of filing a Federal Tort Claim against the VA for Negligence or Malpractice, “Patient Abuse” Violates the State of California Elder Abuse and Dependent Adult Civil Protection Actwhich states in pertinent part that: “Abuse of an elder or a dependent adult” means either of the following:
(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.                                                                                          
The reasoning behind this is that Federal Tort Claim Administrative Rules dictate that when there is no Federal Law for the Violations, the State Law is used. So since there is no Civil Federal Law against Patient Abuse, the above California Law is used.
“Health practitioner” means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner.

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