Nursing Home Abuse

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.”

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.