Nursing Home Abuse

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.

Nursing Home Employee Charged with Abuse of Patient

January 25, 2013 | Lebowitz & Mzhen

A certified nursing assistant at a Wisconsin nursing home faces criminal charges for the alleged abuse of a patient over a six-month period. At least two other employees reported seeing her physically assaulting the nursing home resident on multiple occasions. The felony charges could result in a substantial prison sentence.

Two certified nursing assistants at Crest View Nursing Home in New Lisbon, Wisconsin reported witnessing the abuse of an 86 year-old resident by another certified nursing assistant, Ginger Newlin. One of the witnesses reported seeing Newlin, among other acts of assault, verbally abuse the elderly woman and spit in her face. The other witness reported incidents of abuse that occurred at least once a week, beginning in October or November 2011. In addition to physical abuse, she reported hearing Newlin threaten the woman, such as threats to break the woman’s fingers.

Prosecutors charged Newlin with at least two felony counts in June 2012. She faces a charge of abuse of a patient, a broadly-defined offense that could include physical, emotional, or sexual abuse, unconsented treatment, or unreasonable restraint. “Patient” expressly includes nursing home residents and other elder or vulnerable adults. Penalties vary depending on whether the alleged abuse was intentional, reckless, or negligent, and on the degree of harm or risk of harm that resulted from the alleged abuse. The most severe offenses, described as intentional or reckless abuse resulting in death, are treated as Class C felonies. This can result in up to forty years in prison and fines of up to $100,000. Reckless or negligent abuse that is likely to, but does not, cause “great bodily harm” is a Class I felony, punishable by a maximum of three-and-a-half years’ imprisonment and a $10,000 fine.

Nursing Home Maintenance Worker Fired, Arrested for Alleged Sexual Abuse of Resident

January 22, 2013 | Lebowitz & Mzhen

A maintenance worker at an assisted-living facility in Albany, New York was fired and then arrested for the alleged sexual abuse of a 91 year-old resident. Media coverage of the incident has indicated that the man is a registered sex offender with convictions from the 1980’s for rape and other offenses. The owner of the facility reportedly did not know about the maintenance worker’s criminal history or status as a sex offender. The incident also led to the termination of an administrator at the facility and demands by a county official for stricter background check requirements for adult home employees.

An employee at the Loudonville Home for Adults alleged that they witnessed a maintenance worker sexually abusing a 91 year-old female resident on November 30, 2012. The man had reportedly gone to the woman’s room to change a lightbulb, when the employee making the report saw him put his hands down the front of the woman’s shirt without her consent . The nursing home fired the maintenance worker immediately upon hearing of the alleged abuse.

The maintenance worker is a Level 3 sex offender, according to the Times Union. Under the risk levels assigned by the state of New York, Level 3 indicates the highest level of risk for repeat offenses and threats to public safety. The man was reportedly convicted in 1984 for the 1983 rape of a woman in Saratoga County. He spent sixteen years in prison until his parole in 2000. After his community supervision ended in 2008, he was hired at Loudonville.

Police arrested the maintenance worker on December 20, 2012 in connection with the alleged sexual abuse. He allegedly confessed to police after his arrest. He now faces charges for felony endangering the welfare of a vulnerable elderly person and misdemeanor sexual abuse. As of mid-January 2013, he remained at the Albany County Jail, where law enforcement is holding him on $25,000 bond.

Hidden Cameras Have Helped Prevent Nursing Home Abuse, But May Not Be Solution

December 28, 2012 | Lebowitz & Mzhen

Recently, NBC10 Philadelphia reported that two former workers at a nursing home in Bucks County, Pennsylvania, were arrested after being caught on camera abusing a resident. Nursing home abuse and neglect are unfortunately common occurrences, but rarely do victims have the benefit of direct evidence as here.

According to the story, the daughter of the victim was concerned about the treatment her mother was receiving at the nursing home, so she installed hidden cameras to monitor the room. When she reviewed what was captured on camera, the abuse was indisputable, the news article reports. Both workers are reportedly charged with neglect of a care dependent person, reckless endangerment, simple assault, and harassment.

It should not be incumbent on the friends and relatives of nursing home residents to oversee the care. Nursing homes owe their residents a duty of care, and abuse or negligence by the workers is an unmitigated breach of that duty. Often, friends and family members must rely on circumstantial evidence of abuse or neglect, such as the appearance of unusual activity in bank accounts and credit cards, unexplained bruises and scratches, or bedsores. None of these alone is conclusive evidence of abuse or neglect, but if you see any of this, you should be alert to the possibility.

Although the placement of hidden cameras in this situation appears to have led to a positive outcome, such is not always the case. The recording of individuals without their knowledge or permission violates Maryland state law. Although it might be tempting to do so, particularly if you suspect that people are taking advantage of a friend or loved one, you should pursue lawful means of ascertaining the facts.

Even if nursing homes were to install surveillance cameras to protect its residents from abuse and neglect, that too could lead to unforeseen negative consequences. Just as we’ve seen with the Transportation Security Administration’s abuse of full-body scanners, the workers charged with monitoring the cameras could use them for nefarious purposes.

Former Nursing Home Employee Accused of Stealing From Resident With Dementia

December 21, 2012 | Lebowitz & Mzhen

A former employee of a Wyoming nursing home was recently charged with multiple crimes as a result of her alleged theft of thousands of dollars from a resident with dementia.

Malgorzata Burns reportedly worked at Shepherd of the Valley Healthcare Center in Casper, Wyoming, as a certified nursing assistant. It was during her employment there that she encountered her alleged victim, a 100-year-old resident with dementia. The prosecutors charging Burns allege that she used the man’s bank account to write herself checks and pay her own bills.

According to a report by Joshua Wolfson, a Wyoming Star-Tribune staff writer, the police first investigated the incident after a nonprofit guardianship group found suspicious charges on the man’s bank records. Investigators allegedly discovered additional evidence supporting the guardianship group’s initial finding, and that led to the police charges.

The Star-Tribune reports that Burns no longer works at the nursing home facility and was already on administrative leave at the time of her resignation.

Sometimes we have to place older relatives or friends in a nursing home or assisted-care facility because only they can provide the care and attention an elderly individual requires. Unfortunately, abuse and neglect are frequent problems in many nursing homes throughout the country.

Some of the most common forms of abuse are:
– Physical abuse, such as hitting, force-feeding, or using unnecessary physical restraints;
– Sexual abuse, such as unwanted touching or coerced nudity;
– Financial abuse, such as exploiting assets or property (as was the case here).

– Emotional or psychological abuse, such as using abusive or insulting language or isolating them from available activities.

Neglect may include the failure to feed, bathe, hydrate, or clothe residents; or ignoring basic health requirements, such as moving a bedridden resident to avoid bedsores.

While the case discussed here has risen to the level of criminal charges, the alleged victim also likely has civil causes of action against both the Burns and the facility. Civil lawsuits stemming from nursing home abuse are different from criminal lawsuits in that they are intended to compensate the victim for injuries sustained, rather than punish the perpetrator.

Maryland Federal District Court Allows Claim for False Imprisonment to Proceed Against Nursing Home and Hospital

September 18, 2012 | Lebowitz & Mzhen

A federal judge in the District of Maryland allowed one claim in a pro se lawsuit lawsuit against a hospital and a nursing home to proceed past summary judgment. The court in Estate of Bernice L. Jones v. NMS Health Care of Hyattsville, et al granted the defendants’ motion for summary judgment as to four of the plaintiff’s claims, but allowed the cause of action for false imprisonment to proceed.

According to the court’s opinion, Bernice Jones appointed her friend, David King, as her medical surrogate in the early 2000’s. They both lived in New York City at the time. Jones moved to Washington DC to live with her cousin in 2007, but kept in close contact with King and other New York friends. King continued to handle Jones’ financial affairs in New York.

Jones fell seriously ill in May 2008. She went to NMS’s St. Thomas More Nursing and Rehabilitation Center, located in Hyattsville, for short-term rehabilitation. Jones maintained daily contact with King and other friends and family. St. Thomas More reportedly began to arrange for Jones’ discharge in June 2008, but subsequent events remain disputed.