Maryland Nursing Home Lawyer Blog

Trial has reportedly begun in the case of a former nursing home employee accused of assaulting a patient last November.

The defendant pleaded not guilty earlier this year to the charge of abuse of a disabled adult. She faces up to two years in prison if convicted. The charges stem from allegations that the woman abused a 76 year old resident while giving the woman medication last November. Specific allegations include claims that the defendant pulled the patient by her hair, used a knee to pin down the patient’s legs, and squeezed her chest. She reportedly also hit the patient in the face with water from the cup or pitcher on the patient’s bedside stand. The entire ordeal was apparently related to the defendant trying to get the patient to take her pills.

The woman’s defense attorney said that the patient was disoriented and startled when the defendant woke her up, and that she has struggled with memory problems.

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Another seemingly egregious case of nursing home abuse has been captured on hidden camera.

A Canadian man set up a hidden camera in his mother’s room at a home in Ontario for a period of three weeks due to suspicions that she was being abused or neglected. One instance that prompted his action was when his mother, a dementia patient, developed a black eye, and employees were unable to provide an explanation for the injury.

Once he reviewed the footage, the man found employees handing his 85 year old mother roughly, and in one case an employee reportedly shoved a feces-covered rag in her face after using it to clean her bottom. A different employee was captured blowing her nose in the woman’s sheet. While four employees were ultimately fired following suspension after health officials conducted investigations, police stated that they would not bring criminal charges.

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The Center for Investigative Reporting made a finding that California is failing to protect patients living in care facilities across the state. What they discovered was unsettling. By searching through years of records, the group determined that investigators from the Department of Public Health failed to look into accusations of abuse by nursing assistants. Documents show state regulators effectively shelved more than 900 cases from Southern California, including some of the most alarming allegations involving suspicious deaths. Data reportedly shows that most of investigations conducted do not result in action against caregivers, the number of caregivers’ licenses revoked has gone down, and that fewer cases have been referred for prosecution.

One such case involved a 95 year old woman who checked herself into a Pomona assisted living facility. The woman is believed to have died as a result of injuries she sustained from employees of the home. While the facility claims that the woman died as a result of injuries she sustained from a fall, family members and even a former nursing director believe that the woman was repeatedly punched, especially in the face. The former employee stated, “Her face looked like Mohammed Ali did a dance on it. And you could see knuckles.”

Despite questions surrounding her death, the Department of Health closed the case in February, seven years after the woman died. The Los Angeles County Coroner’s report ultimately concluded that the allegations of assault could not be ruled out, but no charges have been filed. The Los Angeles County Sheriff’s Department has decided to take a closer look at the woman’s death, and as a result has opened a homicide investigation.

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A 76 year old nursing home patient died last month from complications of injuries he sustained when he was tased by local police.

The man was reportedly wielding a knife and scissors and otherwise behaving erratically when the police arrived. When officers motioned to the man, who did not speak English, and ordered him to drop the weapons, he moved the knife towards his throat. Police then used a taser in an attempt to prevent the man from harming himself. As a result, the man fell and severely injured his face.

The man died shortly thereafter from pneumonia that developed during treatment for delirium and his injuries, according to the medical examiner.

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A Georgia woman was arrested following a raid on a local home in connection with a nursing home she reportedly runs. The woman was charged with abuse, neglect and exploitation of disabled persons, false imprisonment, and operating a personal care home without a license.

The arrest took place earlier this month following a raid by the Georgia Bureau of Investigation, Thomasville Police Department, Thomas County Sheriff’s Office and Georgia Probation at the Break Through Independent Living Center.

Investigators say the home itself is owned by a nearby church. Thomasville Police began an investigation regarding the nursing care facility nearly one month ago after a claim was made regarding a potential sexual assault. Investigators reported that they had suspected abuse and neglect at the home, and subsequently requested assistance from the GBI.

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A recent news story reported on a situation regarding some disturbing footage of abuse within a Texas nursing home. The video shows several residents being thrown or otherwise handled roughly while nursing home employees are engaged in “caretaking.”

The station also showed pictures sent in by a viewer of the woman’s aunt, depicting very large and mysterious bruises on her arms. In that case, after filing a complaint the caretaker was fired.

A former nursing home employee who witnessed many cases of abuse or neglect where she used to work recommends checking on your loved one daily. That way the staff will be less likely to neglect your family member, as they are constantly being checked on, so to speak.

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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.

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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.

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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.

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