Nursing Home Abuse

What You Can Do to Help Detect Nursing Home Abuse

January 22, 2016 | Lebowitz & Mzhen

While most of us would rather not think about it, the unfortunate reality is that nursing home abuse and neglect are two very real problems that plague the nursing home industry across the United States. While nursing homes and the employees that work there are required by law to treat those in their care with the utmost dignity and respect, the reality of what goes on behind closed doors often doesn’t match the ideal that the law imposes.

By almost every account, nursing home abuse and neglect figures are not accurately reflected by almost any study. This is because there is a gross lack of reporting when it comes to these problems. This is for several reasons, including:

A resident’s inability to effectively communicate what is happening to them, due to a medical condition;
A resident’s failure to tell loved ones what is happening to them because they fear for their own safety or are embarrassed to do so;
A resident’s complaints of abuse or neglect falling on unsympathetic or skeptical ears; and
A lack of hard, physical evidence documenting the abuse or neglect.

However, the fact remains that nursing home abuse occurs every day across the State of Maryland, and often with no one knowing about it besides the resident and the abusive employee.

Nursing Home Abuse Is Often Covered Up by Administration

January 15, 2016 | Lebowitz & Mzhen

When someone places their loved one in a nursing home, they expect that the employees at the facility will put the health and safety of their loved one first. However, this is not always the case. Nursing home employees are often over-worked and end up working long hours without breaks. Nurses are human, and sometimes they snap, lashing out in an abusive manner at the very residents they are supposed to be caring for.

To make matters worse, when this abuse does happen, the nursing home administration often acts to cover up any evidence of the alleged neglect or abuse in hopes of keeping the incident under the radar. Administration tries to cover up the evidence because if the authorities do find out, the home can be fined thousands of dollars. Additionally, if the loved ones of the resident affected by the abuse or neglect find out, they can file a civil suit for monetary damages against the nursing home employees and administration, potentially resulting in a substantial payout by the nursing home.

Proving a case against a nursing home employee or administration can be difficult enough, even without the home’s administration hiding or destroying evidence. This is because discovering competent and admissible evidence of abuse or neglect is often difficult. For example, residents often have few people to go to when reporting the abuse, and their claims may not always fall on listening ears. However, the reality is that nursing home abuse and neglect are very real problems.

Nursing Home Abuse Doesn’t Require Physical Contact

January 8, 2016 | Lebowitz & Mzhen

When most people hear the phrase “nursing home abuse,” images are often conjured of an elderly patient in a dark room being attended by a physically abusive nursing home employee. To be sure, this behavior does occur in nursing homes across Maryland, but that level of conduct far exceeds the lower boundaries of what is considered nursing home abuse under the law.

Nursing homes have a duty to care for and provide adequate care to those whom they accept into their care. When this duty is violated, nursing home management as well as the individual employee or employees engaging in the abuse may be held liable in a civil court of law.

Nursing home abuse can occur any time a nursing home employee violates the rights or dignities of a patient. While this certainly includes physical abuse, it extends far past it. For example, emotional abuse, financial abuse, psychological abuse, and invasion of a resident’s privacy can also be grounds for a nursing home abuse lawsuit.

Recovering for a Family Member Who Was Abused in a Maryland Nursing Home

December 8, 2015 | Lebowitz & Mzhen

When someone places a loved one in a nursing home, they do so because they cannot provide their loved one with the care needed to make their life as complete as possible. Indeed, the expectation is that the employees of the nursing home will be able to do a better job than family members because they are trained professionals who are experienced in caring for the elderly. However, the reality is that sometimes nursing home employees act out of frustration or anger and hurt those they are charged with caring for.

When a nursing home resident is harmed at the hands of a nurse or other employee of a nursing home, several options are available for the abused resident and their family. If the resident is competent to bring claims against the facility themselves, they can do so. In the event that the resident has passed away, a family member of the victim may have standing to file a wrongful death action against the allegedly responsible parties.

One Family Files Suit Against a Nursing Home, Seeking $4 Million

Earlier this month, a family in Virginia filed suit against the nursing home that was charged with caring for their loved one. According to one local news report, the staff members who were caring for the elderly incapacitated woman pulled the bed sheets out from underneath her, causing her to fall to the floor.

Four Nursing Homes Fined by Department of Health for Various Safety Violations

December 1, 2015 | Lebowitz & Mzhen

Earlier this month in New Hampshire, the Department of Public Health fined four local nursing homes for failing to comply with various rules and regulations relating to patient safety. According to one local news source, the allegations ranged in seriousness from minor infractions to serious allegations of abuse.

For example, one nursing home was found to have leaking sinks, dirty lifts, pain peeling off the wall, broken bed rails, and water dripping from the ceiling. Inspectors also noted an incident in which a resident was found to have a fairly serious abrasion that inspectors believe was caused by the home’s use of a lift without the proper padding. In response to that resident’s request for help, one nursing home employee failed to respond for one hour and 15 minutes. That employee was subsequently fired for neglecting the resident.

Another example of a lapse in care occurred at another nursing home and involved a verbally abusive resident who was not properly monitored. Evidently, the resident stated that “I can hit anyone I want to” and punched another resident. The aggressive resident was taken to the emergency room for evaluation, and the doctor told the staff that they should check on the man every 15 minutes. However, citing the unavailability of staff, the nursing home failed to comply with this recommendation.

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.