Nursing Home Abuse

Investigative Reporting Uncovers Nursing Home Neglect

November 23, 2015 | Lebowitz & Mzhen

Earlier this week, a New Jersey news source published an article documenting an investigative report that looked into allegations of abuse and neglect in area nursing homes. The results were published in a recent article.

The article documents several upsetting instances of abuse and neglect, as well as a theme of frustration and lack of care and consideration on the part of management. One woman interviewed in the article, a former nurse, claimed that she was unofficially forced out after she blew the whistle on other employees who were engaging in abusive and neglectful conduct.

One example she relayed was an 85-year-old resident who had been at the nursing home for four years. The nurse reported seeing another nurse at the facility tie the elderly woman to a wheelchair to keep her from moving. She was able to capture an image and provided that to reporters, who confronted several nursing home employees, asking how often this happens. Not surprisingly, everyone denied that such conduct ever occurs and refused to speak to anyone after they were shown an image proving it happened at the facility.

Nude Picture of Elderly Nursing Home Resident May Result in Abuse Charges

October 28, 2015 | Lebowitz & Mzhen

Earlier this month in San Diego, the U.S. Department of Justice and the California Department of Health joined the San Diego Sheriff’s Department in investigating potential elder abuse that stemmed from a nude video of a nursing home resident being posted on social media. According to one local news source, the video at issue was a short clip of several nursing home residents mocking a nude, elderly female resident.

Evidently, the clip was sent through the social media site, Snapchat. The transmission of the video presents several problems, and numerous parties may be criminally liable for their actions. In fact, thus far, two employees of the nursing home have been suspended while the investigation is conducted. According to the nursing home’s attorney, the facility welcomes the investigation because it is clearly against the facility’s protocol.

Judging by the attorney’s comments, it would seem that the nursing home is trying to distance itself from the employees’ actions as much as possible, likely because management knows that the facility itself could also potentially be held liable for this kind of infraction. In the meantime, however, the nursing home management is cooperating in the investigation. Charges have not yet been filed but are expected in the coming weeks.

Nursing Home Home Faces Abuse Charges; Removes Case to Federal Court

October 19, 2015 | Lebowitz & Mzhen

Earlier this month, charges were filed against a nursing home, alleging that the plaintiff’s loved one, who was a resident at the home, suffered through a pattern of abuse and neglect, leading to a rapid decrease in the man’s condition. According to one local news source, the nursing home named in that lawsuit recently sought to remove the case from state court to federal district court.

The Allegations of Abuse and Neglect

The plaintiff in the lawsuit is claiming that, while her loved one was staying at the defendant nursing home, he suffered from a series of serious injuries caused by neglectful and abusive staff. The allegations made are that the resident was not cared for properly and developed a serious medical condition that was made worse by the lack of treatment provided by nursing home staff. The plaintiff also claims that nursing home staff failed to keep her apprised of her loved one’s condition until it was too late.

In response to the allegations, the nursing home sought to remove the case to federal court. The outcome of the case is yet to be determined.

Nurse Faces Criminal Charges for Abuse of Resident

September 28, 2015 | Lebowitz & Mzhen

Earlier this month in Minnesota, prosecutors filed charges against a 55-year-old nurse for allegedly abusing an 86-year-old nursing home resident who had been diagnosed with Alzheimer’s disease. According to one local news report, the woman faces gross misdemeanor charges for allegedly hitting and verbally abusing the resident on the evening of January 30, 2015.

Evidently, the woman named in the charges was working with two assistants, who told police that they saw the woman exhibit “instances of aggressive and abusive language and behavior” towards the resident. They reported seeing the woman use a “great amount of force” when washing the elderly man’s genitals, and then they saw her hit him in the legs and threaten to spray body-spray deodorant in the man’s face while yelling at him.

The woman, who is no longer employed by the nursing facility, was charged with criminal neglect and disorderly conduct against the elderly Alzheimer’s patient. She faces up to two years in jail and $6,000 for each of the two charges she faces.

Nursing Home Employee Pleads Guilty to Rape Moments After Settling Civil Case

September 21, 2015 | Lebowitz & Mzhen

Earlier this month in Minnesota, a man pleaded guilty to the rape of an 83-year-old nursing home resident just moments after he reached a settlement agreement with the woman’s family in a civil case. According to one local news source, the man faces a potential four years in jail when sentenced. The guilty plea was entered just a few moments after he settled the civil case brought by the victim’s family for the injuries suffered by their loved one.

Evidently, the man was a nursing assistant at a nursing home in Minneapolis. In the morning hours of December 18, 2014, a nurse at the facility recalls looking into one of the facility’s rooms and seeing the man moving back and forth in a thrusting motion. The nurse immediately went to her supervisor and reported the nursing assistant’s behavior. He was then removed from the floor, and the police were called. After conducting their investigation, the man was charged with third-degree criminal sexual conduct.

Earlier this month, the man settled the civil case brought by the victim’s family. While the exact details of the settlement are not publicly known, reporters were told that one of the provisions of the settlement called for a $15 million fine, made payable to the victim’s estate, if the man ever is convicted of rape again. In addition, the man was required to pay several thousand dollars to the Minnesota Coalition Against Sexual Assault.

Nursing Home Director Admits to Covering Up Sexual Abuse

September 7, 2015 | Lebowitz & Mzhen

Earlier last month, a Syracuse, New York woman pleaded guilty to several charges stemming from her involvement in a cover-up that attempted to hide several instances of sexual abuse and other failings at the nursing home at which she was employed. According to one local news source, the woman, who was the director of the facility, pled guilty to two counts of tampering with evidence. Her sentence will be determined at a later date. She may face up to four years in jail for her role in the cover-up.

Evidently, the woman allegedly engaged in covering up failures by the nursing home, including destroying witness statements that explained several instances of sexual abuse between residents. The woman also admitted to concealing a patient’s medication history chart, which would have shown investigators that the nursing facility failed to provide one resident with physician-ordered medication. Finally, she admitted to hiding other medical records that tended to show patient neglect.

Investigators have cast a wide net in their investigation into the nursing home’s staff, and charges are pending against several other employees who may have been involved in the acts or the subsequent cover-up.

Nursing Home Employee Caught on Video Abusing Patient

August 20, 2015 | Lebowitz & Mzhen

Earlier this month in Brooklyn, New York, prosecutors filed charges against an employee at a nursing home after it was discovered that the employee had abused an 82-year-old dementia patient. According to one local news report, the employee was criminally charged with endangering the welfare of an incompetent or physically disabled person, which is a felony offense. The employee is charged with accompanying misdemeanor charges relating to the incident as well.

Evidently, the woman was seen on video abusing and humiliating the man as she was bathing him. Video evidence allegedly shows her hitting him several times with her own fists, throwing water on his face and chest, and making him hit himself in the face with his hand repeatedly. The New York Attorney General told reporters that he plans on prosecuting the case, and all cases like it, explaining that “When families make the difficult decision to place the care of their loved ones in the hands of a nursing home, they expect them to be treated with compassion and respect—not abused and mistreated.”

Maryland Nursing Home Abuse

While this disturbing account occurred in New York, similar incidents occur here in Maryland on a frequent basis. It is estimated that one in 10 nursing home residents will endure some kind of abuse at some point during their stay. For many people, the abuse involves verbal humiliation and degrading conduct, but for others it involves physical abuse.

Video Camera Installed By Loved Ones Catches Abusive Nurses in Action

August 13, 2015 | Lebowitz & Mzhen

Earlier this year in Minnesota, video cameras installed by the loved ones of a nursing home resident caught several nursing home employees engaging in the abuse of a resident. According to one local news source, the videos resulted in a criminal investigation that ultimately led to the termination of several employees and the suspension of others, including those who allegedly knew about the abuse and failed to report it to authorities.

Evidently, the video camera was installed by the family of a resident who spotted bruises and cuts on their loved one. Back in June of this year, the family took the video to the local police department, which conducted an investigation into the allegations and ultimately arrested two of the nursing home’s employees on suspected assault charges. While no charges have yet been filed, the city attorney told reporters that “They did things that I would not want done to relatives of mine if they were in a nursing home, … Inappropriate conduct definitely occurred.”

The nursing home responded with a letter to the family of the woman who was seen abused on the tape, explaining that “this conduct is intolerable and contrary to all we stand for, which is why the employees involved were dismissed.” It remains to be seen if there will be any civil claim for damages filed against the nursing home or its employees.

Recently Filed Lawsuit Against Nursing Home Alleges Abuse and Fraud

July 20, 2015 | Lebowitz & Mzhen

Earlier this month, the family of an elderly nursing home resident filed suit against the home in which their loved one was staying for the abuses she allegedly suffered while staying at the nursing home. According to one local news report, the lawsuit alleges that the nursing home represented to the woman’s family that they would be able to provide the 86-year-old dementia patient with adequate care, all while knowing that the budgetary constraints of the nursing home at the time made providing such care impossible.

The plaintiffs named the nursing home, its administration, and some 20 other staff members as individuals in the lawsuit. The claims range in seriousness, but they include sexual abuse, preventable infections, unnecessary hospitalization, and hiked-up medical fees. What makes this lawsuit different from the many others that are filed against nursing homes is that this suit alleges that there was fraud on the part of the nursing home. The woman’s familial representative is seeking both compensatory and punitive damages for medical expenses, pain and suffering, and legal fees.

Punitive Damages in Maryland Nursing Home Cases

There are several different types of damages in Maryland personal injury cases. For example, compensatory damages are awarded to “compensate” the plaintiff for what they missed out on, or the expenses they had to incur, as a result of the defendant’s negligent conduct. Things such as medical expenses fit into this category.

Nursing Home Employee Pleads Guilty to Abusing Non-Verbal Paraplegic Patient, Sentenced to 18 Months in Prison

June 9, 2015 | Lebowitz & Mzhen

Earlier last month, a Birmingham, Alabama man pleaded guilty to the assault of a elderly person and was sentenced to serve 18 months in jail. According to one local news source, the man’s sentence was actually for 10 years in prison, but the judge suspended all but 18 months of the prison term. However, the man will also be on supervised probation for four years after his release.

The charges stemmed from allegations that, back in 2012, the man and several other nursing home employees beat the paraplegic resident on the face and head. There was also evidence that the offenders removed the patient’s call button so he could not call for help. The others involved were acquitted of all criminal charges.

Separate and aside from the criminal charges, the patient’s mother filed a civil lawsuit for damages in 2014, naming all parties involved as well as the nursing home facility where the alleged abuse occurred. The lawsuit explains that prior to entering the facility, the patient suffered a major head injury that resulted in several brain surgeries, and, as a result, the patient was “both physically and mentally incapacitated.”