Nursing Home Abuse

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.”

Nursing Home Charged with Covering Up Alleged Patient Abuses

May 21, 2015 | Lebowitz & Mzhen

Earlier this month in Ilion, New York, the top management and owners of a nursing home facility were criminally charged for their role in an alleged cover-up involving serious instances of alleged patient abuse. According to one local news source, the charges all stem from alleged errors that occurred back in May 2013.

The first incident involved a “serious medical error” that went unnoticed and untreated for several days. The second incident involved a resident who suffers from dementia engaging in unlawful sexual contact with another nursing home resident in the home’s cafeteria.

After the Attorney General’s office was notified of the alleged lapses in care, it initiated an investigation into the home. During the investigation, it is alleged that one of the part-owners of the company was eavesdropping on a conversation between investigators and a nursing home employee. It is also alleged that other management-level employees destroyed digital evidence in violation of the law.

Resident-on-Resident Sexual Abuse Goes Unreported; Nursing Home Fined

May 7, 2015 | Lebowitz & Mzhen

Earlier this year in Washington State, a nursing home was fined after it was discovered that the home failed to report resident-on-resident sexual abuse that was occurring in the facility. According to one local news report, the allegations are that one resident in particular sexually abused several other residents on more than one occasion. However, despite mandatory reporting laws, the employees failed to notify the authorities.Evidently, one of the abused residents is a bed-bound dementia patient who has a difficult time speaking, standing, and communicating with others. On one of the days in question, investigators discovered that another resident had snuck into her room, dropped his pants around his ankles, and forced the woman to touch his genitals. When an employee caught the man in the act, she yelled out for him to stop, but no one outside of the nursing home walls knew of the abuse.

The woman’s sister summed up what she believed the nursing home’s duty was to their patients: “You are responsible for this adult. People are paying and they expect you to take good care of their family.”

Abusive Nursing Home Employee Confesses to Punching Resident

April 10, 2015 | Lebowitz & Mzhen

Earlier this month, a Michigan man was arrested and charged with Abuse of a Vulnerable Adult for the alleged abuse of a nursing home resident at the home where he worked. According to a local Michigan news report, the resident suffered from dementia and had only been at the nursing home facility for six days before the abuse occurred.

Evidently, the abusive employee became frustrated with the Alzheimer’s patient and began to get violent. In fact, the employee recently confessed to “punching, pushing, [and] sitting on [the resident] five times during his shift of March 11, 2015 when he was agitated with [the resident].” The abuse resulted in deep purplish-blue bruises on the resident’s back, chest, chin and torso. The abusive employee faces up to two years in prison as a maximum sentence.

According to the article mentioned above, the very same nursing home was fined almost $15,000 just two years ago for several incidents, including the death of one patient who allegedly didn’t receive CPR when he should have.

Maryland Assisted Living Home Caretaker Charged in Abuse Case

April 3, 2015 | Lebowitz & Mzhen

A 26-year-old Ellicott City assisted-living caretaker has been charged with abusing a 93-year-old Alzheimer’s patient who was under her care. According to a prominent Baltimore newspaper, the woman was arrested for abuse of a vulnerable adult and second-degree assault. Evidently, the victim’s family had certain suspicions regarding the care that their family member was receiving and set up a hidden camera in his room to verify their concerns.

The video footage shows the caretaker hitting the man several times by striking him across his arms and torso. The disturbing footage also shows the caretaker pushing him several times. This abuse resulted in several bruises. After viewing the footage, the family immediately contacted Howard County police. The officers arrested the woman at her home, and she is currently released on bail.

Common Signs of Nursing Home Abuse

In the above case, it was fortunate that the man had family members who were concerned about his well-being and were able to notice the signs of abuse. Unfortunately, in many of these cases the victim is so ill and frail that they are often unable to notify anyone of the abuse they are suffering. This can result in serious injuries and even in the death of a patient. There are some signs that families can look for that may indicate that their loved one is being abused.

Man Acquitted for Charges of Nursing Home Abuse, Civil Case Still Possible

February 20, 2015 | Lebowitz & Mzhen

Earlier this month in Illinois, a jury heard a criminal case against a man charged with aggravated battery after his involvement in alleged nursing home abuse. According to one local Illinois news report, the man was acquitted of all charges after the jury deliberated for 90 minutes.

Evidently, the man was charged with aggravated battery after he allegedly struck a 64-year-old nursing home resident in June of last year. The prosecution put up an eyewitness to the alleged abuse that testified that she saw the defendant strike a resident with a closed fist and then heard the resident ask why he was being hit. The resident began crying after he was hit by the defendant.

However, the credibility of the eyewitness was called into question by the defense, since apparently the defendant had turned down sexual advances from the eyewitness not long before the instance of abuse was reported.

Former Nursing Home Employee Faces Criminal Charges for Alleged Abuse

February 6, 2015 | Lebowitz & Mzhen

Earlier this month in Lackawanna County, Pennsylvania, a young man faced criminal charges for the alleged abuse of a nursing home resident back in October of last year. According to one local news report, the young man was seen holding the door shut while an elderly patient was trying to get out of her room.

Evidently, the young man was also seen dragging the victim by her arms and wrists. According to court documents, the woman had the bruises to prove such abuse occurred.

The alleged abuser’s defense attorney claims that his client, who is 24 years old, was only listening to older, more experienced employees at the time and should not be held criminally responsible for the event. However, the prosecution has subpoenaed the video tape that supposedly caught the entire interaction on film. The videotape, prosecutors claim, clearly shows that he is not merely a loyal employee listening to supervisors, but was engaging in the intentional abuse of the resident.

Alabama Nursing Home Employee Indicted for Abusing 96-Year-Old Resident

January 23, 2015 | Lebowitz & Mzhen

Earlier last month, a former health care provider at an elderly care facility was charged for the abuse of a 96-year-old patient under her care. According to one local news report, the Alabama nursing home resident suffered injuries after the nurse was caught “grabbing or twisting her arm [and] hitting and thumping her on the head.” The 27-year-old nurse responsible was indicted for second-degree elderly abuse and neglect.

Evidently, back in August of last year, the nursing home employee got frustrated with the resident for some unknown reason and started physically abusing her. The police issued an arrest warrant for the nurse shortly after the incident was reported. However, it took them several months to locate her. Finally, in December, she was brought into custody and charged for her abusive acts.

The nursing home that employed the nurse told reporters that it has a zero tolerance policy when it comes to the abuse of residents. Its policy—which is standard in the industry—is to immediately suspend or terminate any employee who has a credible threat of abuse made against him or her.

Another Report of an Abusive Nursing Home Aide

January 9, 2015 | Lebowitz & Mzhen

Nursing homes are hardly known for the diligent and caring staff members they choose to hire. In fact, the opposite is often true. It seems that lately there have been countless news reports of abusive aides getting into physical altercations with elderly residents.

In the most recent of these reports, an elderly Guatemalan woman was mistreated and abused in a Culver City, California nursing home facility. According to one local news report, the elderly woman had a colostomy bag that collected her feces. As a part of the care that was to be provided to her, her nurses and nurse’s aides were to periodically empty the bag. However, one of the nurse’s aides used the opportunity to assault the woman with a hook that held the bag at the woman’s side when the woman asked for the aide to be less rough with her.