Fountain House DeSoto

1125 The Meadows Parkway

DeSoto, TX  75115

972-228-9298

The information on this page is provided in the interest of public knowledge and to encourage the public to carefully evaluate any elderly care facility.  All information on this page is the opinion of the author ... we say "opinion," as we don't have a video tape of all conversations and events, but want to share our opinions and impressions of our encounter with Fountain House DeSoto.

On May 22, 2006, a family member of T. C. & Cathy Harris, filed a complaint (file # 258759) with the Texas Department of Aging and Disability Services, as we feel this "care facility" operated in a negligent manner, which caused undue pain and suffering to our step-father.  We also feel that the "sales job" we received prior to placing our parents there, by Judy Bennett, was a tremendous snow job, and we felt her attitude changed 180 degrees after our step-dad died of cardiac failure after only one night in her facility.  We suggest you carefully evaluate this, or any other facility, very carefully before putting your loved ones into their care.

(06/09/2006 - A resolution of this dispute (#258759) has been ordered by the Texas Department of Aging and Disability Services;  it is at the bottom of this page.  Click here to jump to the resolution.)

The following open letter from Ray Williams to Ms. Bennett expresses our opinions quite clearly:

Dear Ms. Bennett,

          Before I get started with the intent of this letter, please allow me to express how disappointed I am that you went from “I work with people” and “contracts don’t mean anything” to “legally handled,” “contract is binding,” and “this is a business” in a matter of hours.  Please also note that while you claim to have spoken with the “executive director” of T. O. R. C. H., and stated that she is in agreement with you, we have been unable to find anyone at T. O. R. C. H. who will verify that story, nor anyone there who agrees that one night should cost $4,000.

          As a recap, on 3/27/2006, my wife, Georgia, and I visited your facility.  While we were there, you signed onto your AOL dial-up account on the computer on the desk in the front office, and I showed you the medical page for both Mr. & Mrs. Harris, gave you a business card with the URL on it, and then downloaded the “medical directive” for both.

          On 3/29/2006, we had a phone conversation where you said you hadn’t had time to print off the advance directives (which was my first concern about your facility), and asked me to do so and include them with the contract.  As power of attorney for both, I wrote you check # 1011 for one month for the care of T. C. & Cathy Harris in the amount of $4,000.  It was provided to you by my sister, Cathy Wiseman, in an envelope containing the executed contract and advance directives for both Mr. & Mrs. Harris.  It was my impression that you were not home, so the envelope was left for you.  We know you received the materials, as the check cleared the Harris’s bank on 4/3/2006.

          They both moved into your home on the evening of 3/31/2006.  According to what I was told, the next morning, 4/1/2006, Mr. Harris went into cardiac failure and died.  CPR was performed upon him by the home health care personnel and he was revived;  you dialed “911,” and he was transported by ambulance to Charlton Hospital, where he died again after being removed from life support.  His advance directive was not presented to the emergency personnel on the ambulance.

          On 4/6/2006, you sent me an e-mail explaining that you had spoken with the executive director of T. O. R. C. H., and she had said you were entitled to the entire $4,000.  I think a fair-minded potential customer of yours will consider $4,000 a bit steep for one night’s stay, and I think they will judge an 84-year-old widow and her deceased husband more kindly than they will a startup business given all the relevant facts.  In fact, I cannot help but wonder if the thought of the potential impact on your business was the reason Mr. Harris’s advance directives were ignored.

          In summary, we have the following issues with you and your firm:

·       We have not received a copy of the executed contract.  My brother went to your house and requested one, but was not provided a copy.

·       You subjected Mr. Harris to needles, pain, and stress by not providing his advance directives to the emergency personnel.  When my sister and I arrived at the emergency room, he had blood flowing from his knees where IV’s had been inserted.  He was revived per your directions to the home health care personnel, transported, and had a ventilation tube stuck down his throat in the emergency room, only to have it turned off to die again.  I had already shown you on your computer where you could download the medical directive.  Also, I included a printed copy of both directives with the check.  Yet, this was ignored.

·       You subjected me to stress because I had to tell them to take him off life support.  He should have never been taken to the hospital; but, when taken, the advance directive should have been provided.  I should not have been placed in a positive where I had to show the emergency doctor the medical directive, effectively making me the one who issued instructions to the medical staff that his directives be followed.

          At this point, we are contemplating the following:

·       Filing a negligence complaint with the Texas Department of Aging and Disability Services about Mr. Harris’s advance directives not being provided to medical personnel.  (Filed 5/22/2006)

·       Filing suit for damages on behalf of Mr. Harris’s pain and suffering.

·       Filing suit for damages on behalf of my emotional distress.

Again, these statements are opinions.  We cannot prove, without a subpoena of Ms. Bennett's internet records, that she displayed the advance directive for Mr. Harris.  We also do not have a signed receipt for the advance directive that was included with the check;  however, the check was cashed.  Mr. Harris was checked into her facility on Friday afternoon, and he died on Saturday morning, less than 24 hours later.  It will be a matter of record that the hospital performed artificial procedures (ventilation, etc.) on him against his written directive, and that the hospital claims they were never given the directive until provided by Ray Williams, after artificial procedures were put into place.

06/09/2006 - A phone call was received at 8:40 a.m. MT from Ms. Abuie Tamatloe of the Texas Department of Aging and Disability Services.  The resolution is as follows:

1.  Re:  Failure to provide medical Advance Directive to EMT and hospital staff:

• Finding: Investigator attributed fault to "Ms Bennett's focus on calming Ms Harris in the midst of a crisis situation.

• Action: A Deficiency Report describing the finding will be entered into the Fountain House permanent record.

2.  Re:  Ms. Bennett's refusal to provide a partial refund of the couple's fees for the period 31 Mar 06 - 30 April 06 (30 days):

•  Finding:  Investigator determined that that refusal was contrary to the business practices for home care facilities stipulated in the State of TX facility license.  Ms. Bennett could either [1] refund a pro-rated portion of the amount paid based on number of days used, or [2] forfeit her facility license.

•  Action:  Ms Bennett elected to make restitution of the paid fees for the 25 unused days (their clothes/furniture/personal belongings were removed on 5 April 06.)   Ms. Bennett has been directed to make a refund by money order within 3 months.

Reference keywords:  Residential nursing care home, elderly care, nursing home, assisted living, nurse assistance, TORCH, Texas Organization of Residential Care Homes, retirement center, retirement assistance, Judy Bennett RN, DeSoto, Dallas.