Articles Posted in Violence in Nursing Homes

In a recent Baltimore nursing home abuse and neglect blog post, our lawyers discussed the Mickey Rooney’s recent role as elder abuse advocate, in his passionate testimonial before Congress last month, sharing his own experiences of elder abuse, and how the 90-year old was left without food, medication and had $400,000 of his life savings embezzled by a stepson and stepdaughter.

As Rooney told the Senate subcommittee, elderly financial abuse is a huge problem that happens to 3.5 million Americans every year, including him. According to MSNBC, a 2009 study performed by MetLife Mature Market Institute estimated that financial losses from elder abuses across the country are around $2.6 billion annually at the least. The study found that financial abuse of seniors is a hugely under reported problem with only one in six cases ever reported.

Elder financial abuse can take place anywhere—at a nursing home or healthcare facility, where a nurse or staff member abuses a resident by gaining money, jewelry, personal possessions or even power of attorney, or within families, where certain members feel they have entitlement to their parents, or grandparents’ money and estate and find opportunities to take control of it. Older and vulnerable people are also often taken advantage of financially by complete strangers, or con artists who befriend older people through random contacts, the Internet, or even over the phone.

According to Paul Greenwood, the head of San Diego County District Attorney’s Office-elder abuse prosecutions unit, elder abuse takes place in every community and could get worse in the next five to ten years as the baby boomer generation ages. Greenwood claims that in order to find out about abusers in the community, it requires important people like bankers, healthcare providers and church members to step up and report any suspected abuse that might indicate the financial exploitation of an elderly person or nursing home resident.

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As Baltimore, Maryland nursing home injury attorneys we have recently discussed the topic of elder abuse in a nursing home abuse blog, and the prevalence of abuse in health care facilities and communities across the country, unlawfully causing harm, personal injury, and even death to older and vulnerable adults.

According to the NCEA and the NCCNHR, types of elder abuse include emotional, physical, verbal, sexual, and psychological abuse, as well as neglect, intimidation, abandonment, and exploitation.

• Physical abuse includes inflicting physical pain or injury on an elder, or the threat of inflicting pain. Physical abuse also includes hitting, pinching, slapping, shoving, and force-feeding, along with rough handling during nursing home care and treatment, when being moved, cared for, fed or given medicine. Physical abuse can also result from a nursing home staff member or an outside intruder or visitor.

• Emotional or psychological abuse inflicts mental pain, anguish, or distress on an elderly person or nursing home resident through verbal and non-verbal acts, which includes ridiculing or cursing a resident, threats of punishment or deprivation, rejection or isolation.

• Sexual abuse is non-consensual sexual contact where a resident is tricked, forced, threatened or coerced into performing acts of a sexual nature.

• Neglect is the failure to provide elderly adults with basic needs, such as proper health care and medical treatment, shelter, protection or food, which can result in conditions like dehydration, malnourishment, incontinence, pressure sores, incontinence, depression and immobilization.

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Elder abuse, as our Baltimore nursing home abuse attorneys have reported in a related Maryland elder abuse blog, is a term used to refer to any treatment by nursing home staff, a health care provider, or any other person that is negligent, intentionally causing harm or a great risk of harm to an elderly adult who is vulnerable.

According to the NCEA, research indicates that more than one in ten elders experience abuse, with only one in five reported every year. The White House reports that every year approximately 700,000 to 3.5 million elderly Americans are abused, exploited and neglected. Studies show that elders are often abused by the very people that they trust the most, like spouses, family members, personal acquaintances or professionals in a position of trust.

According to the NCEA and the National Consumer Voice for Quality Long-Term Care (NCCNHR), types of elder abuse include physical, emotional, verbal, mental, psychological, and sexual abuse, as wall as exploitation, neglect, abandonment, or intimidation.

Elder abuse can happen anywhere, in nursing homes, healthcare facilities or in the community, and is a problem that remains to be under recognized, causing elders to experience consequences that can lead to personal injury or even wrongful death.

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In a recent Maryland nursing home lawyer blog, our attorneys discussed the use of hidden cameras or “Granny cams” in nursing homes, and how one hidden camera investigation led to the arrest of twenty-two healthcare workers, after the video showed rampant nursing home neglect and abuse.

A residential care home in California has recently been shut down after the grandson of an elderly resident captured footage on his small “granny cam” that reportedly showed his grandmother being abused by the staff, treatment that according to the resident’s family led to her wrongful death while she received care in the elderly home.

Shortly after Kyong Hui Duncan moved into Fair Oaks elderly care, her grandson installed a camera by the bed to ensure that his grandmother did not experience any nursing home abuse or negligence. But when he visited his grandmother, Seah Suh would often find the camera unplugged.

After Duncan died, Suh reportedly discovered footage that captured Duncan being moved to and from her wheelchair in a violent manner, with abusive shaking by a staffer. The staff members are also being accused of improperly restraining Duncan, and failing to care for her in a fast enough manner after she had fallen. After seeing the footage from the “Granny Cam” the California Department of Social Services investigated the home, ordering that the home’s operators close their doors. The state is also reportedly moving to permanently revoke the home’s nursing home license.

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In recent news, a 43-year-old man was sentenced to 17 years in California state prison for the 2002 assault and rape of a woman residing in a Palo Alto, California nursing home.

As our Baltimore, Maryland employment attorneys previously reported on this case in a blog, Roberto Recendes pleaded guilty in October of last year to one count of sexual penetration by force, one count of elder abuse, and also pleased guilty to a penalty enhancement for inflicting bodily injury on the elderly woman.

Recendes was only linked to the 2002 crime when a DNA sample was taken from him after he was convicted of domestic violence in 2004. Two years after the conviction, his DNA was matched to the sample taken at the nursing home rape crime scene. In 2002, the case drew national attention, after a high school student was arrested by the Palo Alto police, and reportedly forced to confess to the nursing home abuse and rape crimes. The student was later exonerated of the crimes due to the DNA evidence.

As our Prince George’s County nursing home attorneys have stated in a previous blog, under the federal Nursing Home Reform Act of 1987, residents have the right to live in a nursing home environment that is safe, and provides quality care and attention that improves and maintains their highest mental and physical well being, and is free from nursing home abuse and negligence.

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As Baltimore, Maryland nursing home injury attorneys, we have been following the news of a recent tragedy, where the estate of nursing home resident Mary Speigl, who was living in the Franciscan Villa nursing home, is suing the home for nursing home negligence and abuse, after Speigl was reportedly raped by a male resident last year, and died less than one month later.

According to the lawsuit, Mary Speigl, a 90-year-old nursing home resident in South Milwaukee, was sexually assaulted by a male resident who was well known for being sexually aggressive in the home, and reportedly allowed to wander the nursing home halls unsupervised. The lawsuit alleges the nursing home neglected to monitor the resident, and as a result, the resident allegedly wandered into the elderly woman’s room and sexually assaulted her. Speigl’s estate is suing the nursing home for punitive damages, among other fees.

Nursing home negligence and abuse is a serious problem in nursing homes today, often resulting in patient injury or wrongful death. Our attorneys at Lebowitz and Mzhen Personal Injury Lawyers believe that elderly nursing home patients should be given their lawful right to special care, attention and supervision that provides a safe, secure, and protected environment, where they are kept safe from unstable or aggressive residents.

If a nursing home resident becomes injured or dies because the home failed to protect the resident’s health and safety, the nursing home could be held liable for wrongful death or Maryland nursing home negligence. In Baltimore, Maryland, contact our attorneys today.

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As Maryland nursing home abuse attorneys, we recently read about the developments in a nearly decade-old case involving the abuse and rape of a 94-year-old female resident at a Palo Alto, California nursing home in 2002.

According to the Mercury News, 43-year-old Roberto Recendes recently pleaded guilty to one count of elder abuse, one count of sexual penetration by force, and also pleased guilty to an enhancement of inflicting bodily injury. Recendes is expected to be sentenced to 17 years in prison in December.

This 2002 California nursing home abuse case reportedly received national attention, when high school student Jorge Hernandez was arrested by the police in Palo Alto, and made to confess to the crimes. Hernandez was later cleared, due to DNA evidence.

In 2004, when Recendes was convicted of domestic violence charges, his DNA sample was taken. It was then later matched to the DNA found at the nursing home rape crime scene.

At the preliminary hearing for Recendes, an old girlfriend identified jewelry belonging to Recendes that was discovered at the crime scene of the rape, and a crime laboratory expert stated that two hairs found on the nursing home abuse victim’s blankets matched with Recendes’ DNA.

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Our Nursing Home Abuse Attorneys in Washington D.C. have been following the recent news from state of Kentucky, that Governor Beshear has asked for an investigation on how Kentucky is handling nursing home neglect and abuse reports, after a recent investigation by the Lexington Herald-Leader found serious problems with the system, as reported in our previous blog.

According to the Lexington Herald-Leader, from 2007 to 2010, 107 citations were issued by the Cabinet for Health and Family Services that endangered the health and safety of nursing home residents. The newspaper discovered that only seven out of the over 100 cases of nursing home abuse or deaths were ever prosecuted criminally.

Although the state reportedly hands serious violations of nursing home laws and regulations to the attorney general’s office, the attorney general can only prosecute if the local prosecutors grant the attorney general permission. And the local prosecutors claim that they are rarely made aware of such cases. Also, police and coroners are reportedly rarely alerted of nursing home deaths or serious injuries in nursing homes.

The Herald-Leader reported that of the 107 citations that were investigated, there were eighteen deaths, thirty occurrences of hospitalization, 5 incidents involving residents with bones broken, and two instances of amputation that reportedly were a result of nursing home state law and regulation violations. The citations also claimed that three residents experienced nursing home injuries after staff members failed to provide proper health care.

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In recent news, that our Hartford, Maryland Nursing Home Injury Attorneys have been following, a nursing home abuse lawsuit has brought to light the problem of unreported sexual abuse incidents in Kentucky nursing homes.

According to the Lexington Herald-Leader, Mae Campbell, an 88-year old, was sexually abused two times while being a resident at Hazard Nursing Home. Campbell suffers from Alzheimer’s disease, and was reportedly sitting in a hallway last year, in view of other staff members and a nursing supervisor, when a male nursing home resident sexually assaulted her by ejaculating onto her face. She was reportedly sexually abused three months later by another male resident of the home who had allegedly entered her room to perform a similar sexual act. The nurse on duty was told by her supervisor not to discuss the incident with anyone because Campbell had not been harmed.

Under Kentucky law, staff members and officials of nursing homes are legally mandated to report nursing home neglect or abuse. The Cabinet for Health and Family Services issued the home a Type A citation, claiming that Hazard Nursing Home did not follow state regulations and failed to protect Campbell from sexual contact that was unwanted, failed to protect her health and safety as a resident, failed to report the sexual abuse allegations to the necessary state agencies, and failed to investigate the sexual abuse allegations thoroughly.

The Herald-Leader reported that Campbell’s sexual abuse was only discovered after depositions in a wrongful death case led to a former nurse’s aide’s description of Campbell’s sexual assault, where the former employee claimed that she stopped working at Hazard Nursing Home after the incident, as she thought the home should have protected Campbell better. Another former nurse also admitted to witnessing Campbell’s other assault. She was told not to discuss it with anybody—because Campbell had not been harmed.

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In yesterday’s blog, our attorneys discussed the prevalence of pressure sores in nursing homes and assisted living residences, that often result in injury or wrongful death.

In a recent wrongful death lawsuit, the family of Frances Graham, a former 81-year old resident of an assisted living home in San Leandro, California, is suing Graham’s doctor, as well as the assisted living home, after Graham suffered from nursing home violence and devastating pressure sores all over her body, some reportedly as large as a baseballs—that lead to her tragic death. Graham’s family is also suing the nonprofit responsible for her care, the Center for Elders Independence, claiming that they put profits over her nursing home health and safety.

According to the suit, Graham was kept at the Andrew Elijah residential care home even though laws require that Alzheimer’s patients are cared for by a nursing staff that is skilled for such illnesses. Graham reportedly shared a room with a 72-year old dementia patient, who in June of last year, was found attacking Graham with a plastic hair pick. Graham suffered dozens of cuts on her body, and her left eye was bleeding and also bruised. Graham was reportedly treated by a doctor, and sent back to the Andrew Elijah home and put in a room that was private.

Graham’s son claims that soon after, Graham was rushed to the hospital with pneumonia, where a doctor discovered multiple bedsores on her body, so many that the doctors wrote in the notes that they weren’t sure that they even seen them all. The worst sore was allegedly a 4-inch hole that had eaten down to the tendons and smelled horribly. The doctor also found her to be anemic and dehydrated. Graham was moved to another health care center, and died two days later.

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