State sues Oahu
nursing home

The complaint stems from the care
of a patient two years ago

A skilled nursing facility in Kapolei should be held responsible for failing to provide basic nursing care to an 82-year-old resident, the state attorney general alleges.

The state filed a lawsuit Friday in Circuit Court against the operators of Ka Punawai Ola, seeking as much as $14,000 in civil penalties for the abuse and neglect of William McGarry.

This is only the second time the state has sought civil remedies against caregivers who allegedly abuse dependent seniors under a law passed in 2003, said Deputy Attorney General James Kawashima.

Walter Long, executive director of the 5-year-old skilled nursing facility on Farrington Highway, has not seen the lawsuit, but confirmed that the allegations stem from an incident that occurred two years ago, before he joined Ka Punawai Ola, and could not comment specifically on the case.

But he defended the facility's record, saying he has not received any major complaints regarding the quality of patient care since he took over in July 2004.

"Unfortunately, something that may or may not have happened two years ago may be seen as a reflection of what's going on at our facility," Long said. "It certainly doesn't reflect what's going on here today."

McGarry had been admitted to the 120-bed facility on Aug. 21, 2003, for treatment and rehabilitation for various ailments, including a lung infection. He had been there for almost two weeks when he was taken by ambulance to Tripler Army Medical Center in critical condition.

According to the complaint, he was diagnosed with urinary tract infection, blood poisoning and acute kidney failure, requiring dialysis treatment. The hospital staff also found several other serious medical issues affecting McGarry.

Under the statute, caregivers who exploit or abuse a senior physically, emotionally or financially are subject to civil fines of not less than $500 a day and no more than $1,000 for each day the abuse occurred.