Nursing Home in Hawaii Faces Lawsuit from State Attorney General

By Daniel Hawn

Published on September 08, 2005

In filing the case, Bennett relied on a new law in Hawaii that allows state officials to bring civil cases against continuing care facilities that are suspected of neglect. In such cases, according to officials, it is easier to demonstrate culpability and collect damages than in criminal cases.

The recent lawsuit involves William McGarry, 82, who became a resident of Ka Punawai Ola nursing home after he underwent open-heart surgery. After a two-week stay at the facility, McGarry was taken to Tripler Army Medical Center where he was determined to be in critical condition.

According to court documents, while at Ka Punawai Ola, McGarry's feeding and urinary tubes became contaminated and he suffered trouble breathing due to a build up of phlegm.

McGarry was in intensive care at Tripler for a month before being released. He said that he has no recollection of his stay at the hospital.

In his lawsuit against the nursing home, Bennett is suing for up to $1,000 for each day that McGarry spent at the facility.

Ka Punawai Ola representatives have not commented on the charges.

According to state officials, the nursing home's new management has worked to improve conditions at the facility.

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