Nursing Home Abuse

Four Nursing Home Employees Accused of Spraying Nursing Home Patients with Water “For Fun”

August 8, 2013 | Lebowitz & Mzhen

Three female former certified nursing assistants are accused of taking photographs of disrobed nursing home patients’ body parts, spraying them with water and filming the stunts for their own entertainment. A fifth individual has been charged for failing to report the incident.

Three of the women pleaded guilty to two counts of willful abuse, neglect or exploitation of a dependent adult. They each face one to two years in prison for the crimes.

The fourth individual pleaded guilty for failing to report the abuse, and faces 11 months and 29 days in jail for the misdemeanor charge.

The pleas were entered without an agreement from the state; therefore the womens’ sentences will be for the judge to decide at the sentencing hearing, currently scheduled to take place in September.

The fifth individual, who was also charged in the incident, pleaded guilty to the charges shortly after being charged.

The incidents reportedly occurred in December 2011 and January 2012. The women were charged after nursing home officials discovered that patients were being sprayed with water, and the incidents went unreported. Additional allegations claim that the women took photos of patients’ bare buttocks and breasts. According to information released after the women’s arrests, two of the women worked the night shift together and began the abuse because they thought the victims’ reactions, “would be comical.” They also reportedly took photos and videos of the incidents and showed those to other people.

The nursing home was penalized with a period of suspension of new admissions and a one-time civil penalty of $3,000 assessed by the Tennessee Department of Health, the organization responsible for regulating nursing homes and assisted living facilities in the state.

21 Nursing Home Employees Face Charges for Allegedly Abusing Alzheimer’s Patients

July 19, 2013 | Lebowitz & Mzhen

According to a statement released by the Georgia Bureau of Investigation, the owner of a nursing home for Alzheimer’s patients and some 21 of her current and former employees are facing more than 70 criminal charges for allegedly abusing elderly patients under their care.

According to the statement, the allegations stem from employees reportedly using bed sheets to restrain patients, and further subjecting them to “inhumane and undignified conditions.”

The allegations include accounts of physical abuse, which included staff members reportedly striking patients and throwing water onto them. Additional claims state that employees engaged in a practice of “double diapering” patients, whereby they would therefore not have to change soiled diapers as often.

A spokesman for the Bureau revealed that the owner of the home’s individual criminal charges include charges of cruelty to a person 65 years or older, abuse, neglect and financial exploitation. As of earlier this month, 11 of the 21 suspects had been arrested, with the owner remaining at large.

According to investigator reports, when authorities arrived at the nursing home, 27 patients were still in the home’s care, three of whom were then transported to a local hospital in order to receive medical treatment. Due to the nature of the charges, the remaining patients will be removed from the home following consultation with their family members.

Attorney General Raises Concerns Regarding Nursing Home Abuse

July 12, 2013 | Lebowitz & Mzhen

In recent news, the Attorney General of Ohio is raising concerns regarding several complaints of nursing home abuse and neglect, which have reportedly doubled within the Buckeye state this year.

The Ohio State Attorney General’s Medicaid Fraud Control Unit is reportedly investigating 131 case at this point in time, compared with 74 for the same period in 2012. Even more shocking is the fact that nearly half of the complaints for this year to date have been received by the office within the past month.

This drastic increase is believed to be related to the AG’s announcement that his office will aggressively pursue complaints of substandard care or abuse in nursing homes.

In accordance with this agenda, earlier this year investigators placed surveillance cameras in several nursing home rooms, with the knowledge of the patients themselves and their families. However, the nursing home personnel were not informed that they were being recorded.

According to a statement from the AG, the footage captured in some of the rooms showed “absolutely shocking and disturbing” treatment of patients. While additional information was not available regarding the exact nature of the images captured, for an Attorney General to make such a broad statement means the abuse must have really been objectively unacceptable.

Nursing Home Fined for Failing to Protect Residents from Sexual Predator

June 28, 2013 | Lebowitz & Mzhen

An Iowa nursing home is now facing licensing and other sanctions arising out of an incident of sexual abuse of a resident.

Additionally, the Iowa Board of Nursing Home Administrators is alleging that the former administrator is guilty of professional incompetence.

The various allegations stem from the Board finding that the home and its administrator should have known that one of the residents posed a threat to the other residents, and that it further failed to take necessary precautions in order to prevent anything from occurring. A hearing is scheduled to take place in October.

According to reports, the case is unusual in that the Board rarely takes action against individual administrators for abuse or neglect in the homes that they manage.

According to state inspection reports, several employees of the home were warned not to tell anyone that sex offenders were living within the home, or they would be fired.

One individual in particular had been living in the Iowa Civil Commitment Unit for Sex Offenders just prior to his stay in the Iowa nursing home. He was reportedly there due to convictions in four separate cases, being accused of lascivious acts with a child, indecent contact with a child, and assault with intent to commit sexual abuse.

Potentially Egregious Case of Nursing Home Abuse under Investigation

June 21, 2013 | Lebowitz & Mzhen

A man was shocked to recently discover that his grandmother, who suffers from Alzheimer’s, received extensive facial injuries, including a gruesome looking gash on her head, while living in a residential care facility. The victim is 88 years old, and wheelchair bound.

It remains unclear when or how the woman suffered the injuries. Her family members are hoping that it was some sort of terrible accident, rather than blatantly violent abuse. Police and other governmental officials are continuing an investigation into the matter. The investigation is said to be focusing on who was present around the time the injury occurred, and will consult those individuals who might have more information.

Additionally, news sources revealed that the nursing home where the woman was living has been cited several times in the past by Texas State officials responsible for regulating the home.

Among prior offenses, the home was previously cited for the following:

April 2011: the facility was cited for providing sub-standard care, and was forced to pay a $2,405 penalty

February 2012: the facility was again cited for providing sub-standard care, and was forced to pay a $6,500 penalty. Additionally, the state agency refused to pay the facility for admissions for almost an entire month last year.

March 2012: the department verified a complaint of mental and verbal abuse against a patient, but did not require the home to pay any fines. In that case, the agency found that the employee was solely at fault, as the proper protocols and procedures were in place.

Nursing Home Abuse More Widespread Than You Might Think

June 7, 2013 | Lebowitz & Mzhen

Although we would like to think it’s not the case, reports and lawsuits indicate that abuse within nursing homes and assisted care facilities are not isolated incidents.

Following the recent U.S. trend regarding hidden cameras documenting nursing home abuse, an 85 year old resident in an Ontario long term care facility placed a camera in order to investigate his suspicions of abuse. The shocking results depicted an elderly woman with dementia being subjected to abuse and humiliation, and have since led to the suspension of at least four employees in that facility.

According to various media reports, the video footage shows one worker repeatedly wrestling and hitting the woman, another wiping his nose onto her clean sheets, and yet another taunting her with rags smeared with her excrement. This is truly deplorable, and even more so considering the poor woman is 85 years old and suffers from dementia.

The nursing home and government are conducting investigations, and police are looking into potentially filing criminal charges.

Apparently, the particular facility involved in this case was actually subject to a class action lawsuit in 1999, detailing hundreds of individual cases of abuse. Then, in 2003, tape recorders set up by families captured staff psychologically and verbally abusing residents, and led to governmental intervention, including an investigation. The initial lawsuit settled just last month, resulting in a reported $7 million pay-out, to be divided among hundreds of abused residents and the families of those who had died during the 13 year long legal ordeal. The settlement also reportedly set aside funds for foundations that are dedicated to educating seniors and patients about their rights.

It is uncommon for a single abusive act to be an isolated incident. Abuse often starts with small impositions upon patients’ rights, and then escalates. It is believed that the stem of these sorts of problems lies in the fact that homes are typically understaffed due to the low wages paid to employees there, as well as the small supply of workers willing to take these demanding jobs.

Department of Health Substantiates Claims of Nursing Home Abuse & Neglect

May 6, 2013 | Lebowitz & Mzhen

The Minnesota Department of Health recently published a report on its website, stating that it had substantiated claims of neglect and abuse in at least two different nursing homes.

In the first case, a disabled resident was allegedly neglected when an employee left her inside of her room with the lights off, the call light out of reach, and the door closed.

The report stated that another employee later found the resident on the floor with a broken leg and wrist. The employee responsible for the incident was subsequently disciplined, and later fired. The resident has since recovered, but her primary caregiver stated that, “the accident took a lot out of her.” The administrator of the nursing home acknowledged that mistakes sometimes happen, but that they will never compromise their residents’ safety, accounting for the decision to fire the employee responsible.

No sanctions were issued against the facility. The report stated that the center had taken corrective action, which included the retraining of its employees regarding call light accessibility. It also conducted an audit of its call lights to ensure functionality.

In a more shocking example of nursing home abuse, an accusation was substantiated regarding a resident allegedly being slapped, spit upon, and held agressively. Apparently, the staff members had been attempting to give the woman a shower, but she was kicking, hitting, and spitting at the three employees. According to reports, when the resident spit in a nursing assistant’s face, the woman responded by spitting back, slapping the resident on the mouth, and telling her to “stop acting like a 2 year old!” The nursing assistant denied the account, stating that she only put a washcloth in the resident’s mouth in order to keep her from spitting, but the third employee present at the time of the incident verified the exchange. The nursing assistant was suspended, and subsequently fired.

In that case, the health department ordered the facility to take corrective action, which included updating the woman’s care plan to include her right to refuse a shower.

Former Nursing Home Employee Charged with Stealing from 100 Year Old Patient

March 20, 2013 | Lebowitz & Mzhen

This week a former Wyoming nursing home employee pleaded no contest to obtaining goods by false pretenses. Malgorzata Burns, who was formerly a certified nursing assistant, has been accused of stealing thousands of dollars from an elderly resident with dementia who was under her care.

During his statement the District Attorney explained how Burns allegedly used the 100 year old victim’s money to pay various credit card and other bills. He said she also forged four checks, totaling $7,200. He explained that the victim was a patient living at the care center where Burns worked. According to the statement, the man suffers from “aggressive and ongoing dementia.”

Subject to the plea deal, Burns could serve up to ten years in prison. Prosecutors are also seeking to have the woman repay $13,000. Furthermore, as part of the agreement, prosecutors will dismiss charges of forgery and exploiting a vulnerable adult. Further complicating the situation for Burns, is the fact that she is a legal resident from Poland, meaning that a felony conviction could affect her ability to remain in the country.

The misdeeds were initially discovered by an employee of a non-profit guardian organization, who noticed suspicious activity in the man’s bank accounts. Such discrepancies included several online payments to a cable and internet provider, and for credit cards that did not belong to the man. The District Attorney further stated that the man does not even know how to use the Internet.

According to a document from the Wyoming State Board of Nursing, Burns had worked at the facility since December 2009, but resigned last June after the allegations arose. Her nursing assistant certification was suspended by the Board shortly thereafter in August.

Nursing Home Closes Amid Allegations of Abuse, Neglect, and Other Deficiencies

February 12, 2013 | Lebowitz & Mzhen

A Toledo, Ohio nursing home closed in January 2013 after losing its Medicare and Medicaid provider status, receiving notice of federal fines approaching $140,000, and facing loss of its state license. Ongoing concerns regarding the quality of care led to multiple investigations by state and federal officials. The alleged, unreported assault of a resident in mid-2012 led to a push by state officials to shut the facility down.

Two state agencies opened investigations of Liberty Nursing Center of Toledo after the alleged sexual assault of a resident. The facility provides elder care and treats patients with severe mental illness. According to the Toledo Blade, nurses found a male patient on top of a female patient in her room on July 26, 2012, in what appeared to be an act of assault. The male patient had a diagnosis of schizoaffective disorder and a history of sexual aggression. The facility allegedly transferred the male patient to a hospital after notifying his psychiatrist. After determining that the male patient did not make sexual contact with the female patient, however, an administrator allegedly instructed staff to “clean up” the patient. She did not receive any examination after the alleged assault, and no further action was taken, including notification of law enforcement, health officials, or the woman’s guardian.

The Ohio Department of Health (ODOH) notified Liberty on August 9 that it intended to revoke the facility’s license, which would force it to close. It cited the July incident, along with other allegations of abuse, neglect, and deficiencies in quality of care. Several residents have left the facility without permission or supervision in recent years, according to ODOH.

Guardian for Nursing Home Sexual Abuse Victim Files Suit Against Facility and Former Staffer

January 29, 2013 | Lebowitz & Mzhen

The guardian of an Oregon woman, now deceased, who was the victim of sexual assault in a nursing home has filed suit against the nursing home and its incarcerated former employee. The lawsuit claims elder abuse based on the sexual assault, a civil claim allowed under Oregon law, and seeks $1.5 million in damages.

The victim, whose name has not been disclosed by the news media, was a resident of Valley West Health Care Center in Eugene, Oregon. She had suffered several strokes and was unable to speak. She had resided at Valley West for about one year when, on December 22, 2010, an employee reportedly walked into the 56 year-old woman’s room and saw another employee, 61 year-old Robert Price, touching the woman’s genital area. The employee reported the matter to Valley West management, who reportedly contacted police.

Prosecutors charged Price with first-degree sexual abuse and first-degree attempted sexual abuse, both felonies. They contended that the victim was unable to consent due to mental defect, mental incapacitation, and physical helplessness. Price pleaded not guilty to sexual abuse, but later entered a guilty plea on the attempted sexual abuse charge, which carries a lesser mandatory prison sentence. State law defines “attempted” sexual abuse as an act that involves a “substantial step towards completing” actual sexual abuse. Price was sentenced to forty-five months in prison on February 4, 2011, and he remains incarcerated to this day.