Illinois Recieves $110 Million in Federal Funding to Prevent Nursing Home Abuse

On Tuesday, Illinois Governor Pat Quinn announced the creation of a $110 million federal fund to prevent nursing home abuse. The money will come from a tax on nursing homes and be used to help homes meet new state requirements that were passed last year in response to a string of nursing home abuse incidents.

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Nursing Home Abuse Settlement Brings $200 Million Dollars

When nursing home abuse happens, most families feel helpless to their loved ones who were victimized. It is very common for families to not know what course of action to take and feel scared at the thought of seeking justice. In a record breaking-case, $200 million dollars was awarded to a patient’s family in a tragic elderly abuse case.

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Shelters Open to Protect Victims of Elder Abuse

This week, USA Today reported on the rise of shelters for elder abuse victims. As the elderly population increases rapidly and the economy forces more and more elderly Americans to live with family members, abuse by family members has grown. These shelters provide refuge for victims of abuse by family members.

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Prosecutors against Elder Neglect Treated as Misdemeanor

Prosecutors in the state of Minnesota have argued against the fact that the state does not have a felony statute against elder neglect which resulted in many cases being sent to misdemeanor court for prosecution. In one particular case in 2007, an elderly woman was left in her home with a thin blanket and pajamas in 20-degree weather.

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Trial Set for 3 Assisted Living Workers Accused of Abuse

A trial is set to begin in Pennsylvania for three workers at an assisted-living facility who are accused of abuse. The three were arrested after a resident's family member caught them abusing the resident with a hidden camera.

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Caretaker Steals Elderly Woman's Checks and Then Kills Her

It is devastating for any family to lose their loved one because a caretaker’s abuse and neglect. In Rock Hill, SC a 30-year-old caretaker was arrested and charged with murder of an 82-year-old woman.

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Family Members Using "Granny Cams" to Catch Nursing Home Abuse

With the proliferation of elder abuse and neglect in nursing homes becoming a growing concern across the country, family members have begun using hidden video cameras, dubbed "granny cams," to catch abuse of their loved ones by nursing home staff members. Though nursing home administrators dislike the practice, hidden cameras have helped family members hold nursing homes accountable through legal action.

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MacArthur Fellow Uses Prize to Fight Elder Abuse

One of this year's winner's of the prestigious MacArthur Foundation Fellowship, commonly known as the MacArthur "Genius" grant, is being recognized for her work in fighting elder abuse and is planning to use the $500,000 grant to continue her fight. Marie-Therese Connolly is the the director of Life Long Justice, a Washington, D.C.-based group dedicated to fighting elder abuse and she plans to use her grant money to write a book and continue traveling the country educating people on elder abuse.

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Two Georgia Women Charged with Murder in Elder Abuse Case

A 48-year-old Georgia woman and her 18-year-old daughter were sent to jail near Augusta, Georgia and charged with murder in an elder abuse case against their aunt, whom they were caring for. Authorities discovered the body of their 85-year-old aunt in her home two weeks ago and an autopsy revealed that she died of neglect.

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Florida Nurse Charged with Four Counts of Elder Abuse

In Highlands County a Florida woman was charged with four counts of elder abuse after she reportedly abused an elderly man on four separate occasions. The four incidents occurred within a span of one month at a care facility used to help physically or mentally disabled adults that require ‘round-the-clock medical assistance.

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Assisted Living Center Closes Due to Abuse And Financial Exploitation

Elder abuse has many faces and can be subtle enough that it remains undetected for long periods of time. In Carson City, NV the state has closed down a Las Vegas assisted living center after accusations that it’s elderly residents were physically abused and had their money stolen from them.

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19-year-old Faces Jail Time for Elder Abuse

The face of an attacker can come in many forms.  No matter how young or vulnerable you perceive them to be.  In Oahu, Hawaii the grand jury has just indicted a 19-year-old man for elder abuse. In 2011 the man had entered the elderly man’s home three times. He is currently accused of verbally threatening the man once and leaving behind a threatening note on another occasion.

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Elderly Woman Dies Due to Extreme Case of Elder Neglect and Abuse

An 89-year-old woman died as a result of extreme elder neglect and abuse as the elderly woman was left lying in her bed covered in her own feces and rotting flesh. The woman’s daughter and her daughter’s son were on trial accused of causing her death.

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Woman Locked in Attic by Son-in-law and Daughter in Heat

A woman and her boyfriend pleaded guilty to charges of abduction and face sentencing at the end of this month after they were accused of locking the woman’s mother in an attic. The couple reportedly abducted the 59-year-old woman inside her own attic one year ago during a heat emergency in Ohio. Temperatures in the city of Cincinnati reached the 90s when the woman was trapped in the attic.

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Elderly Couple Severely Neglected, Wrongful Death Lawsuit Filed

A lawsuit filed on behalf of an elderly couple filed in 2010 may be close to reaching a settlement. The Sun-Gazette report states the lawsuit should have been settled days after it was filed against the owners of a residential care center. The lawsuit was filed by the couple’s daughter and she was seeking over $25,000 in damages. The woman argued that her father was bedridden due to an amputation on his right leg. According to the lawsuit the woman filed, the elderly man developed several ulcers including one on his leg that left a hole all the way down to the bone.

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Mother & Son Accused of Elder Abuse Refused Reduced Bond

A 40-year-old man and his 63-year-old mother appeared in court on June 2nd to determine if they were eligible for a reduced bond, however, a judge denied the reduced bond and kept it at $50,000 based on evidence provided in their case. The mother and son pair were accused of beating the man’s 74-year-old father because they got upset with him when they were trying to help him change his diaper.

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Man Arrested For Aggravated Assault, Elder Abuse

In Tennessee, a 42-year-old man was arrested on charges of aggravated assault, burglary, and elder abuse after he allegedly beat a 77-year-old elderly woman with a shoe. Police arrived at the victim’s home where they found the woman laying in the hallway with several injuries. The extent of those injuries is not stated in the report.

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Keeping Your Elderly Loved Ones Safe

A family member, a caretaker, a nurse, and a doctor can all commit elder abuse against your loved one. Older Americans are losing $2.9 billion dollars as estimated in 2008.

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Caregiver Arrested on 90 Counts of Elder Abuse

A 31-year-old caregiver caring for an 81-year-old man was arrested and is suspected of 90 criminal counts including forgery, grand theft, and elder abuse. The report on KTLA.com states that the woman allegedly wrote several checks to herself from the elderly man’s account totaling over $287,000.

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Elderly Woman Found Abandoned in Shed

According to a report in the Sun Sentinel in Florida, an 84-year-old woman was found abandoned living in a shed in the backyard of her son’s home. Her 54-year-old son was arrested and charged with elder abuse after purposely neglecting his mother and forcing her to live with no food, water, or electricity.

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Nursing Home Aide Sentenced to Seven Years in Prison for Elder Abuse

A nursing home aide in New York has been sentenced to up to seven years in prison after sexually abusing a disabled 61-year-old woman. The perpetrator faces one count of first degree sexual abuse, one second degree count of endangering the welfare of a vulnerable elderly person, and one count of endangering the welfare of a disabled person. The sentences for these charges will run concurrently with one another and the perpetrator will be required to register as a sex offender and face 10 years of supervision from authorities upon his release.

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Caregiver Arrested for Punching Elderly Man with Stick

A 71-year-old New Zealand man was arrested and charged with assault with a deadly weapon after he allegedly punched an 81-year-old man he was taking care of with a stick, causing injuries to the man’s eyes nearly blinding him. The 81-year-old man was reportedly living in the younger man’s van and agreed to pay him and his wife $500 a week to live there.

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Nursing Home Abuse Video Could Bring Lawsuit

A 78-year-old woman was allegedly the victim of elder abuse at the hands of three staff members from a nursing home in Haverford, PA. The facility’s license was rescinded following charges of negligence and misconduct. The three employees are accused of beating up the 78-year-old woman. The victim’s family stated that the victim is not the type of person that would fight back against an attacker.

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Nursing Home Reeceives Over 40 Citations for Resident Care

A Tulsa, OK nursing home has been the recipient of over 40 citations for violations in their residents’ care including six involving potentially life threatening situations. Some of the citations that were given included failure to protect against abuse, failure to provide necessary treatments including pain medication, failure to treat bed sores, and insufficient staffing and supervision.

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Nursing Home Fires 4 Workers & 2 Administrators after Abuse

A highly rated nursing home facility in Salem, MA has lost 4 workers and two administrators after allegations of elder abuse against patients. State investigators found at least 12 incidents of abuse against patients at the nursing home including one elderly patient recorded on a cell phone camera being forced to answer questions despite her mental capacity being diminished due to dementia.

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Minnesota Lawmakers Fix Loophole in Elder Sex Abuse Laws

Minnesota lawmakers have developed a bill that will close a loophole in the state’s sexual predator laws. The bill would make it so that nursing home employees convicted on charges of criminal abuse of a vulnerable adult are automatically added to the state’s list of predatory offenders.

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Two Men Charged With Physical Abuse in Group Home Acquitted

Two men arrested and charged with assault and several other charges in 2009 have been acquitted of those charges after a judge ruled that the case against the two men was weak. The men were both arrested in June of 2009 after police investigated several complaints from other staff members at the group home where they were employed.

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Indiana Law Calls For State Funded Home-Health Care

Despite a law in the state of Indiana that would provide state funding for health-care services, Indiana taxpayers are still paying $300 million per year toward nursing home costs. The law would allow elderly residents to get medical services while living in their homes. The report on the Chicago Tribune website states that roughly 18% of Indiana’s nursing homes remain empty and roughly 6,000 people wait on a list for services.

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Woman Must Repay Over $350K Stolen from Elderly Mother

A 50-year-old woman pleaded guilty to three counts of embezzlement but she avoided a prison sentence in favor of repaying $600 per month in compensation to her 76-year-old mother over a period of 5 years. In total, Carol Brazeika owes $355,800 in compensation which includes $1,600 prior to receiving her sentencing.

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Nanny Cam Evidence in Nursing Home Shows Abuse Incident

Three aides in a Pennsylvania nursing home were arrested and charged with aggravated assault, neglect of a care-dependent person, and several other charges in connection with an incident that occurred in the nursing home. A nanny cam placed in one of the residents’ rooms showed a female patient being mocked and assaulted as she tried to escape from her room.

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Montana Woman Accused of Stealing $140K from Elderly Mother

A Montana woman reportedly used a reverse mortgage on her mother’s home to steal $140,000 to fund a condo for herself according to the Missoulian. Paulette Homer got a check for $141,308 from the reverse mortgage and wrote out checks totaling over $120,000. This included making payments to a Lowe’s store, a credit union, a Zales jewelry store and several other transactions.

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Wrongful Death Case Against California Nursing Home Goes to Trial

A Sacramento California man filed an elder abuse claim arguing that the elder care facility his mother was at completely neglected her and ignored her medical needs, leading to her death. An appeals court made the decision that a trial is warranted in this matter after a Superior Court Judge originally denied the request for a trial. A three-justice panel reversed the decision leaving it to a jury to determine whether the facility truly conducted itself in a negligent manner.

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Kentucky State Finds Roughly 368 Cases of Criminal Elder Abuse

The Lexington Herald-Leader reports that state social workers conducted roughly 2,048 investigations into allegations of adult abuse and neglect in nursing homes last year and discovered 368 of those reports actually involved some sort of abuse or neglect. In addition, the investigation uncovered 7,365 investigations of abuse of people aged 60 and older and 1,859 of those investigations proved to involve abuse against victims.

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Man Attacks 72-Year-Old Grandmother with Deadly Weapon

A man in Monterey County, CA is facing a possible sentence of life imprisonment after he allegedly attacked his grandmother with a deadly weapon. 35-year-old Stephen Paul Kennedy was charged with attempted murder, assault with a deadly weapon, elder abuse, making criminal threats, and brandishing a knife in connection with this incident. The prosecuting attorney in this case stated that Kennedy has other prior convictions and has had six prison terms against him. The prison terms were for crimes that included grand theft, transporting narcotics, hit-and-run causing injury or death, and first-degree burglary.

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Man Robs and Abuses Elderly Man in San Francisco

A 39-year-old man has been arrested and charged with elder abuse and robbery after surveillance footage surfaced showing the man robbing a 92-year-old man at an ATM machine. 39-year-old Saaga Saaga reportedly grabbed the 92-year-old’s wallet as he was removing his ATM card from the machine and pushed him to the ground. The 39-year-old then fled the scene of the crime on foot. The elderly man suffered minor injuries in the incident as a result of the fall. Police found Saaga in a public parking lot. There is no information on any court dates or sentencing for this incident.

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Nursing Home Staff Member Accused of Hitting Resident with Bed Pan

A Chillicothe, OH nurse’s aide is currently facing an investigation after she allegedly threw a bed pan at him, hitting him in the stomach and causing a bruise the size of a 50-cent coin. Another patient that witnessed the incident stated that the aide yelled at the elderly man and threw the bed pan from roughly 5 feet away. The patient’s daughter complained to the Area Agency on Aging and an investigation began.

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Charity Organization Sued Over Death at Elder Care Facility

The Motion Picture & Television Fund, a charity organization created to help people involved in the movie and T.V. industry, has been sued over the death of an 89-year-old woman under the care of their elder care facility. Carrie DeLay was found at the bottom of a staircase at a long-term care facility owned by the MPTF. DeLay had apparently suffered a fall from her wheelchair and died a week after suffering the fall.

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L.A. Police Arrest Woman for Neglecting 86-Year-Old Mother

The daughter of an 86-year-old woman was arrested for negligence against her mother after leaving her in unsanitary conditions with 13 sick dogs. The unidentified woman was found in her bed with soiled clothing and open sores. 60-year-old Janice Bartness and elderly woman’s son-in-law Gregory were both arrested in connection with this incident.

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Couple Denied Bail Following Elder Abuse Incident

In a serious case of elder abuse, a 68-year-old woman was neglected and forced to live in a garage by a Toronto couple. 43-yeaer-old Kwong Yan and 28-year-old Qi Tan were reportedly charged with failing to provide the necessities of life and criminal negligence causing bodily harm after they left the 68-year-old woman unattended in a garage. The woman was transported to a medical facility in life-threatening condition according to the CP24 report. The Toronto couple was denied bail in a court hearing where they appeared through video feed.

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Nursing Home Workers Arrested for Failure to Report Abuse

Three nursing home workers were arrested on March 2nd suspected of elder abuse after an incident occurred where one of the workers reportedly yanked an elderly man’s genitals and the other two employees did nothing to prevent it. 27-year-old Arnold Samson, 22-year-old Ryan Tan, and 50-year-old Ricardo Martinez were all arrested in connection with the incident. Samson was the person that committed the act of elder abuse and the other 2 employees failed to report it, which is mandated by law. Samson faces misdemeanor charges of elder abuse and battery in connection with this incident.
 

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Statewide Task Force Launches in Arizona against Elder Abuse

Attorney General Tom Horne in Arizona has announced the launch of a new task force formed to combat elder abuse cases. The Taskforce Against Senior Abuse (TASA) is part of the Attorney General’s office’s Public Advocacy Division according to ABC15. The taskforce will be used as a means of protecting seniors from elder abuse by mandating prosecution for elder abuse, elder neglect, exploitation, and scams that target elders. The report states that a hotline has been established where people can report possible incidents of elder abuse or neglect. The taskforce can be reached by phone at 602-542-2124 or via email at seniorabuse@azag.gov.

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Woman Faces Charges after Draining Elderly Husband's Money

A 45-year-old woman faces 17 felony charges of grand theft and elder abuse after she was accused of and arrested for draining her husband’s bank accounts. According to The Press-Enterprise website, 45-year-old Shawna Verdugo stole $500,000 from her husband, 74-year-old Johannes Holzel. Verdugo also reportedly took out a fraudulent life insurance policy on her husband as well.

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Man Goes Door-to-Door Scamming Elderly Out of Money

According to a report from KHON news channel 2 in Hawaii, a man was charged with theft after he was arrested for going door-to-door claiming he would assist elderly individuals with their yard only to take their money without cleaning their yard. Vilisoni Mafi took over $2,700 from elderly victims claiming he would help them.

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Police Receive Abuse Prevention Training

This coming Tuesday and Wednesday, Clay County law enforcement officials will be receiving training in elder abuse prevention from the Clay County Elder Abuse training team. In 2009, the county’s attorney’s office received a grant from the Department of Justice for training purposes. The coordinator that was in charge of handing out the grant money stated that the training will be used to inform law enforcement officers of the best ways to go about responding to and investigating elder abuse incidents in Clay County. The amount of the grant totaled $290,000, according to the report.

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Nevada Legislative Committee Backs Bill against Elder Abuse

In Cason City, Nevada, a legislative committee unanimously supported a bill that would add fines to differing forms of elder abuse. Legislative Bill 5855 allows the attorney general to place fines against crimes of fraud against a person over 60 as well as crimes of abuse, neglect and isolation. The amount in fines ranges from $5,000 for first-offenders and $30,000 thereafter. The bill will reportedly also help with compensation for victims of elder abuse or neglect. The bill will now go to the Senate floor.

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Elderly Man's Cause of Death Linked to 1999 Beating

Lowell Noble, an 82-year-old man that suffered a severe beating at the hands of a 49-year-old assailant in May of 1999 died on January 7th as a result of a traumatic brain injury. Noble suffered from heart problems and diabetes and required a walker to get around places. However, the Santa Clara County Medical Examiner discovered that Noble’s health problems and advanced age did not contribute to his death but instead traumatic brain injury resulting from aspiration pneumonia, inflammation in the lungs and airways.

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70-Year-Old Woman Dies After Brutal Abuse

In Riverside, CA, a couple is accused of starving and whipping a mentally disabled elderly woman who suffered from a stroke. 41-year-old Timothy James Welch and 38-year-old Rebecca Marie Perez-Welch were reportedly paid to care for 70-year-old Joann Phillips and are being charged with second degree murder and elder abuse.

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Assisted Living Nurse Arrested for Slapping and Threatening to Choke Residents

In Hilton Head Island, South Carolina a caregiver at an assisted living center was charged with elder abuse that she committed against several of the women staying there. The Hilton Head assisted living center reported that the 41-year-old Sonia King of Estill will be charged with three counts of abuse of a vulnerable adult. 

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Man Arrested on Suspicion of Grand Larceny, Elder Abuse

A 21-year-old man was arrested after allegedly robbing an 85-year-old man on a bus and attempting to hijack a parking enforcement vehicle. Tyler Dean Davies reportedly robbed 85-year-old Robert Grim on the city bus and fleeing the scene of the incident. The 21-year-old then jumped into a parking enforcement vehicle in an attempt to get the parking official to help him flee.

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Proposed Law Would Allow Subpoenas of Nursing Home Records

Virginia’s Attorney General Ken Cuccinelli has proposed to enact legislation that would allow the Medicare and Medicaid and Elderly Abuse Unit to subpoena all records from nursing homes that are under investigation. This would allow investigators to determine if there is a pattern of abuse in the facility either from various staff members in the facility or from specific staff members. Cuccinelli stated the proposal for this legislation is being backed by the House Delegate Chris Peace and State Senator Ralph Smith.

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Video Camera Shows Nursing Home Resident Being Abused

A 73-year-old woman was reportedly abused by staff members at the Fair Oaks Residential Elderly Care facility. This incident was caught on a video camera that the woman’s grandson installed in her room. According to the report, these cameras are known as “granny cams” and they are used for the protection of seniors.

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93-Year-Old Woman Abused in Nursing Home

A caretaker at the Carolina House nursing home has been accused of elder abuse after allegedly verbally and physically abusing a 93-year-old woman at the nursing home. 41-year-old Sonia King turned herself in to the Sheriff’s Office on Thursday the 13th and was charged with 3 counts of abuse of a vulnerable adult in connection with the incident.

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Nursing Home Resident Accuses Nurse of Assault

In an incident that occurred in October 7th, a nursing home patient has accused a nurse from Berkshire Health Systems of assaulting her. In the incident, the nurse was reportedly drawing blood from the elderly woman when she began complaining that the nurse was hurting her. The woman began to flail her arms trying to release the nurses grasp.

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Woman Sues Retirement Home After Deadly Attack by Housekeeper

In Pittsboro, NC Becky Fisher, 80, is seeking compensation from her assisted living center in Chatman County after surviving an attack by a housekeeper that left two other residents dead. The attack was four years ago with two her friends Peg Murta and Mary Corcoran. Barbara Clark is now serving life in prison because she killed Murta and Corcoran because the three women confronted her about stealing $1,000 from their checking account. Becky Fisher was lucky to survive the attack, suffering a cracked skull and brain injuries from Clark beating her with a walking cane.

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Complaints Rise in Nursing Home Quality Control Offices

WCTV in Florida reports that complaints against nursing homes have risen 8.8 percent in the last year ending in September. In addition, staffing and volunteer positions are falling as a result of the economic downturn.

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Former Nursing Home Operator Gets Probation for Abuse Claim

A former nursing home operator in Brooksville, FL pleaded guilty to charges of elderly neglect and owning or operating an assisted living facility without a license. Gloria Olson will serve a 3-year probation sentence and pay $8,000 in fines. Olson will be barred from running a nursing home or assisted living center from now on.  The probation sentence and fine was likely given due to the lack of any criminal history on Olson.

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Caregiver in Nursing Home Places Patient in Scalding Hot Water

A caregiver in a group home has been accused of abuse of a vulnerable adult after he allegedly placed a 53-year-old man suffering from physical and mental disabilities in scalding hot water. The man suffered second-degree burns to his legs, feet, back and buttocks according to the report on Hometownlife.com.

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Man Robs and Threatens to Kill 98-Year-Old Woman

50-year-old Calvin Wallace was arrested January 2nd and charged with home-invasion robbery, abuse of an elderly adult, and impairing a telephone to further a burglary. Wallace broke into the home of a 98-year-old woman and robbed her. Wallace reportedly pulled the telephone cord out of the wall and threatened to kill the woman if she made any noise or tried to get help. Wallace arrived to the woman’s house and told the woman he needed $20 from her because her nephew was in trouble.

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Man Charged With Negligence of Grandmother Pleads Not Guilty

In Fall River, MA, 21-year-old Corey Cabral pleaded not guilty to charges of negligence when he was arraigned in Superior Court. The charges against Cabral stem from an incident when Cabral and his family had to take his 80-year-old grandmother to the hospital. When she arrived at the hospital, doctors discovered the elderly woman had suffered severe, deep bedsores that exposed tendons in her elbow as well as a blood infection and pneumonia. The 80-year-old woman died just two days after being admitted to the hospital.

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Nursing Home Employee Suspended on Suspicion of Elder Abuse

A nursing home employee in South Carolina has been suspended on suspicion of elder abuse against an 83-year-old female resident. The 41-year-old employee is suspected of physically harming the resident, giving her a bloody nose. An internal investigation as well as an investigation from South Carolina authorities is currently in effect to determine the validity to this incident. The victim did not suffer any other injuries as a result of this incident, according to the report from the islandpacket.com website. There is no information on whether other incidents have occurred in the facility in the past or not.

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Oregon Man Accused of Sexual Abuse against Elderly Woman

A nursing home employee in Eugene, OR has pled not guilty to charges of first degree sexual abuse. In an incident that occurred on December 22nd, Robert Price allegedly made sexual contact with an elderly woman that was reportedly mentally and physically incapable of defending herself. The director of the facility stated they are cooperating with police on the investigation in the matter.

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Group Home's Permissive Sex Policy Raises Concerns of Abuse

The Human Development Center in Tampa, Florida has come under investigation several times because of complaints from both residents and others regarding the policy the company utilizes regulating sexual behavior for its residents. According to the Tampaybay.com website, the facility has a permissive policy allowing its residents to participate in sexual behavior amongst each other at their own discretion. This facility is reportedly for male residents that have some sort of mental disability, some of which had records as sex offenders.

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Illinois Works to Improve Nursing Home Regulations After Repeated Complaints

State officials in Illinois are currently discussing regulations that would increase fines on facilities with repeated neglect complaints from residents at nursing homes. A panel consisting of state officials created by Governor Pat Quinn is considering legislation that would be instated in March and would increase the amount in fines a facility would receive if a facility’s employees interfere in an investigation of the facility. In addition, this legislation would limit the number of admissions a facility could allow until the facility fixes any known violations.

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Woman Allegedly Steals & Pawns Elderly Woman's Wedding Ring

A woman in Reno, NV reportedly stole and pawned an 89-year-old hospice patient’s wedding ring, according to a story on mynews4.com. Michelle Smith was caring for the 89-year-old woman when she allegedly removed a solitaire ring and a wedding band from her finger and replaced them with fake jewelry.

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Parrot Imitated Elderly Woman's Pleas for Help, Alerts Police

Charleston, S.C. police arrived at the home of a 98-year-old woman who was believed to have been the victim of neglect from her daughter. According to the Associated Press, police found a parrot that Anne Copeland owned and they stated the bird kept repeating the word “help” followed by laughter. Police stated the laughter was most likely an imitation of the victim’s daughter’s laughter. Copeland’s daughter is currently charged with abuse and neglect against her mother and she is being held on $3,000 bond.

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Nurse Accused of Disconnecting Resident's Ventilator

Pennsylvania’s news website reported a former nurse who is facing a trial on charges of elder abuse. The former nurse was responsible for treating a resident that was suffering from pneumonia and dementia. The charges allege that the nurse disconnected an 81-year-old woman’s ventilator in a nursing home facility and watched her turn blue.

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Investigation Launched into Elder Abuse Case in Florida

The Lehigh Acres Citizen reports that an investigation in Cape Coral, Florida has been launched as a result of alleged elder abuse. On November 16th, Cape Coral police were contacted after two people reported that they received information that their relatives were being abused in the facility.

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Oregon Sees Rise in Elder Abuse Cases

According to a report from KTVZ.com in Oregon, the state of Oregon has had a growing concern over the number of elder abuse cases they have seen. Statistics in the report show that 3 to 5 million people age 65+ have experienced some form of elder abuse but only one in every five cases is reported to authorities.

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Nursing Home Employee Arrested After "Prank" Against Patient

News channel 9 in Calhoun, GA has reported that a 20-year-old woman working at a nursing home has been charged with battery after reportedly playing a prank on a resident at the nursing home. According to the report, Christy Myranda Hardin-Simerly placed an 83-year-old resident of the nursing home into a wheelchair and began spinning her around several times.

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Elderly Victims of Attempted Murder Give Video Testimony Against Son

According to the Napa Valley Register, Nancy and Arthur Niebling testified against their son Jeffrey Niebling who was accused of poisoning them in an attempt to murder them. The two provided video testimony on Tuesday on the incident that occurred back in June. Jeffrey Niebling is currently charged with two counts of premeditated attempted murder and elder abuse with injury.

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Nursing Home Owner Pleads Guilty to Abuse in Resident's Death

A 49-year-old woman in Folsom, CA has pleaded guilty to abuse after an elderly woman who died in the residential care facility that she owned. Adriana Lucica Catuna faces a year in county jail for the death of 82-year-old Georgia Fitsos three years ago.  The incident occurred in August of 2007 when Fitsos was left in the facility under the care of an attendant that did not speak English well and as a result did not know that the situation was urgent when Fitsos was having difficulty breathing.

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94-Year-Old Woman Trapped in Nursing Home Walk-in Freezer

Investigators in Calabasas, CA have launched an investigation to discover how a 94-year-old woman ended up being trapped in a walk-in freezer in a Calabasas retirement home. Mollye Fischer was discovered in the facility’s walk-in freezer but the report states nobody seemed to know how she wound up in there. The retirement home is reported to be an upscale home, costing $70,000 a year to house residents. According to the report, the incident occurred on October 28th when facility employees were unable to find the 94-year-old woman anywhere in the facility.

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Dramatic Rise in Home Care Providers with Felony Convictions

ABC affiliate KGOTV in San Francisco, CA conducted an investigation into the number of senior care providers with felony convictions. In addition, the investigation also discovered that city legislation put in place to protect against elder abuse is being ignored. This law allows the state’s In-Home Support Services program authority to conduct background checks on behalf of seniors and disabled adults seeking caretakers. However, these background checks are not considered mandatory and, as a result, are not always enforced.

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Canadian Woman Loses $82,000 Due to Elder Financial Abuse

A 92-year-old woman has lost her entire life savings as a result of financial abuse from a live-in caregiver. Dorothy Linklater lost over $82,000 in savings in 3 years. In addition, according to the report on the Toronto Sun, Linklater also owed over $7,000 for utility bills in her home. The report states that Linklater’s niece tried to assist her elderly aunt as much as possible to recover what she could.

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Elderly Nursing Home Patient Abused and Dragged Around Floor

The Brooklyn Daily Eagle reports that a nursing home employee has been convicted of endangering the welfare of an incompetent person when she reportedly threw an elderly person to the floor and began dragging her by her ankles around the floor. 53-year-old Elizabeth Peters will face sentencing on January 5th and she could potentially face up to a year in jail.

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Event Held in Arizona to Combat Elder Abuse

The Yuma Sun reports that the Yuma County Elder Abuse Task Force hosted an event in Arizona to provide senior citizens the proper tools and information to be able to protect themselves against elder abuse. The Yuma County Elder Abuse Task Force worked together with the Western Arizona Council of Governments to host the event at the Yuma Art Center.

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New Hampshire Bureau of Elderly and Adult Services Gets Funding

According to a report on unionleader.com, the New Hampshire Bureau of elderly and Adult Services has been given $1.4 million in federal funding to help provide better long-term care to seniors and disabled adults.

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Nursing Home Company Sued in Elder Abuse Incident

The family of an elderly woman that died as a result of alleged abuse from the staff of the Evangelical Good Samaritan Company in South Dakota has filed a lawsuit against the company. The family claims that the company did not regulate its employees’ actions against elder residents.

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Elder Abuse Cases Continue to Rise

Statistics from Bristol Elder Services, the Rhode Island Department of Elderly Affairs and the RI Coalition Against Domestic Violence show that cases of elder abuse and domestic violence continue to rise. A report from turnto10.com, an NBC affiliate in Rhode Island, states that over 1,800 cases of elder abuse were reported in Massachusetts last year.

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In-Home Care Worker Arrested for Elder Abuse and Fraud

A report from Visalia Time-Delta in Visalia, CA states that a woman was arrested on Friday for suspicion of financial elder abuse, felony neglect of an elderly or dependent adult and in-home supportive services fraud. There is no information on the incident or incidents that prompted police to arrest Marlene Brant. Brant’s bail is set at $110,000 according to the report.

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Elderly Woman Freed from Bathtub After Four Days

Austrian Independent has reported that a woman was discovered trapped in her bathtub. 78-year-old Maria Rauscher was found by her daughter when she showed up to visit her. Rauscher was trapped in the bathtub for four days because she was unable to get up from the tub.

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Candian Government Funds Organizations for Seniors

The Canadian federal government is providing funding that will help non-profit organizations that assist in making seniors renovate their facilities and acquire new equipment. The funding program allows facilities up to $25,000 to make these renovations. The program was launched on August 30th and the deadline to apply for funding was October 8th.

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Nursing Home Worker Accused of Punching 93-Year-Old Resident

A nursing home worker in Wisconsin is accused of punching a 93-year-old resident in the head.  A criminal complaint was filed when a police officer saw the resident and noticed a "baseball-sized" bruise on her head. After speaking with the resident, it was discovered that the abuse was a regular occurrence.

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Man Steals $500,000 from Elderly Parents

In Salinas, CA, a report from the Monterey County Herald states that a man that is well-known for grand prix motorcycle racing and fundraising for cancer-prevention has been arrested and charged with elder abuse, grand theft and money laundering for stealing $500,000 from his parents. 40-year-old Joe Cubbage pleaded not guilty to the charges. Prosecutors in the matter argued that Cubbage’s intent was to empty his father’s account that was setup for his retirement.

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Elderly Woman Almost Dies After Suffering Beating

The website vvdailypress.com has posted a report about an 87-year-old woman that was the victim of a vicious beating that left her within inches of losing her life. The woman reportedly had clumps of hair ripped from her skull and suffered extremely serious wounds.

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Man Arrested for Scamming Elderly Woman

A report from the Lodi News Sentinel has stated that a 54-year-old man has been arrested on suspicion of elder abuse and burglary. Billy Melvin Huber was arrested after he reportedly scammed an elderly woman of $76 and stole her credit card. According to the report, Huber followed the woman to her home and told her that there was a rag hanging from the back of her car. He reportedly said he would fix the problem for her and she gave him $76 to fix the problem.

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Mendocino County Moves to Hire Elder Abuse Investigator

According to a report on the Ukiah Daily Journal, the county of Mendocino in California will be hiring an investigator to examine cases of elder abuse. The District Attorney in Mendocino County stated the investigator will be specifically working on cases of elder abuse to prosecute people that abuse elders either physically or financially.

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68-Year-Old Man Facing Charges of Elder Abuse

Boston Herald.com reports that 68-year-old John T. Hallinan faces a court decision to determine if he is a danger to the community after his 93-year-old father was found lying in excrement in his home. Hallinan’s father was found only wearing a t-shirt and diaper and he reportedly had bruises all over his body.

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Bank Teller Withdraws Money from Elderly Person

The Daily Journal in Redwood City, CA has reported that a bank teller faces a year in prison after stealing roughly $40,000 from her elderly aunt’s bank account and $33,000 from a 16-year-old girl’s account. 28-year-old Arcelia Barajas Aguilar reportedly stole her mother’s Social Security number to get a job as a bank teller and stole the money.

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Elder Abuse Conviction Overturned in Wyoming

According to a report posted on Wyomingnews.com from the Wyoming Tribune Eagle, the Supreme Court in Wyoming reversed a conviction of elder abuse against a man arguing that his actions did not meet the legal definition of elder abuse.

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Bank Teller Prevents Elderly Financial Exploitation

According to Mercurynews.com, a Santa Cruz bank teller prevented theft of a large sum of money. According to the report, a 90-year-old woman showed up to the bank and attempted to take out a large sum of money, stating that a man with a badge came to her and told her she was required to pay a bond associated with an accident she was in.

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Nursing Home Aid Jailed for Beating Resident

In Lufkin, TX a nursing home employee was arrested on Wednesday for alleged abuse of an elderly resident. 43-year-old Sherree Denise Jones worked at Grace Care Center Nursing Home as a certified nurse aid when the alleged incident occurred on August 21st

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Judge Halts Plans to Exclude Felons as Caregivers in California

According to a report from the San Francisco Herald, a judge halted certain restrictions set in place by California Governor Arnold Schwarzenegger that would restrict anybody with felony convictions from providing in-home care to elderly and disabled adults.

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Researchers Work To Reduce Elder Abuse

VCstar.com reports that Ventura County social workers have been given a $654,000 award to fund a project that would allow medical specialists to go to the homes of elderly individuals and adults that feel they are unable to care for themselves and assist them in any way.

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$163,000 Stolen From Elderly Woman

The Republican Herald has posted a report about a woman who admitted to stealing over $163,000 from an elderly woman between 2006 and 2008. 39-year-old Michelle A. Connors pleaded guilty to charges of theft and receiving stolen property in connection with the incident. According to the report, the exact amount stolen from the elderly woman was $163,358.93.

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Hospice Nurse Convicted of Misdemeanor Elder Abuse

According to a report from the Willows Journal in Willows, California, a woman was convicted and sentenced to three years of probation following misdemeanor elder abuse charges. The report states Susan Ivy’s sentence was originally set for 6 months in a county jail at the recommendation of the District Attorney, however, the court judge suspended the sentence pending Ivy’s completion of her probation sentence.

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Missouri Woman Charged with Elder Abuse in Assault Case

According to a report by KMOV Channel 4 in St. Louis Missouri, a Jennings Missouri woman is charged with second-degree elder abuse and armed criminal action after she reportedly attacked her 69-year-old boyfriend with a trophy.

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Nursing Home Worker Charged with Failure to Report Abuse

The Lexington, Kentucky NBC Affiliate, LEX18 has reported that an administrator for Hazard Nursing Home Incorporated and the company itself have been charged with failure to report suspected elder abuse. The report states that 61-year-old Sheila Noe was allegedly aware of a possible case of elder sexual abuse from one patient to another and did not report the incident to proper authorities.

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Woman Charged with Elder Abuse - Surrenders to Authorities

According to a report posted on presstelegram.com, a Long Beach woman wanted by police for stealing over $4 million from an elderly stroke victim has turned herself into authorities. 54-year-old Li Ching Liu entered a plea of not guilty to Long Beach Superior Court on charges of elder abuse and robbery.

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Man Found Guilty in Elder Abuse Case

A 33-year-old man was found guilty of elder abuse in a case in Ventura County, CA according to a report posted by the Ventura County Star. 33-year-old Edmundo Prieto Ramirez was found guilty on five counts of elder abuse by theft.

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Recognizing Signs of Elder Abuse

The CBS affiliate WRGB in Albany, New York has posted a report discussing the many signs that often point to elder abuse. According to the report, there are many signs that can indicate potential elder abuse.

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Arkansas Woman Faces Felony Charges in Elder Abuse

A report posted by the Paragould Daily News in Paragould, AR is reporting that a 44-year-old woman was arrested on June 2nd charged with neglecting her elderly mother. Joan Dollins faces charges of abuse of an adult – a class B felony charge. The report states that this charge includes negligence and abuse or exploitation of any endangered or impaired person, if the abuse causes substantial physical injury or risk of death.

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Investigation of Possible Financial Abuse Ongoing

The Willows Journal has posted a report regarding police executing two search warrants in a possible elder financial abuse case. Both warrants were reportedly executed earlier this month, the first at the home of Jodene and Harry Sage, and the second at Butte Community Bank.

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Man Sentenced To 3 Years for Elder Abuse

The website sfappeal.com is reporting that a San Francisco man – 50-year-old Michael Croslin – is facing 3 years in prison after a conviction of elder abuse and assault. The jury in the case deliberated for two days and the trial itself lasted for two weeks before the sentence was handed down to Croslin.

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87 Year Old Woman Loses Savings Due to Elder Abuse

Rgj.com has reported that an 87-year-old woman has been the victim of elder abuse when a neighbor of hers obtained power of attorney over the woman’s estate and wiped out the woman’s bank accounts. The 87-year-old woman reportedly saved an inheritance she obtained when her children died. The woman’s neighbor – Peggy Six – reportedly gambled part of the money that she stole from the woman and purchased a mobile home and a car with the rest.

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Woman Arrested on Charges of Robbing Elderly Man

The California news website Mercedsunstar.com reports that a woman in Merced, CA was arrested on allegations that she robbed an elderly man. 49-year-old Denise Mayfield reportedly entered the house of an 86-year-old man, pushed him to the floor and robbed him. According to the report, the victim of the crime recognized Mayfield only by the sound of her voice as he had poor eyesight.

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Man Charged With Elder Abuse in Florida

A man in Coconut Creek, FL has been charged with felony elder abuse in connection with the death of his 62-year-old brother. The 62-year-old man was reportedly sleeping on a couch in his own waste for about three months until his death last week. The man was discovered emaciated covered with small sores all over his body.

 

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Man Accused of Trying to Kill Parents

The Napa Valley Register in California reports that a man accused of trying to kill his parents using prescription drugs pleaded not guilty to the charges he faced. 49-year-old Jeffrey Niebling has been charged with several things including two counts of premeditated attempted murder, two counts of elder abuse with injury and one charge of poisoning.

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Los Angeles Man Convicted in Death of Mother

According to Mercurynews.com in California, a Los Angeles man was convicted of second-degree murder in the death of his mother in 2008. 48-year-old Richard Carlton Barbera faces the maximum sentence of 15 years to life in prison for the murder of 74-year-old Mary Barbera.

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Albuquerque Woman Jailed For Robbing Elderly Mother-In-law

A woman in Albuquerque, NM has been sent to jail for three years following an incident where she and her former husband stole approximately $40,000 from her mother-in-law. 32-year-old Christina Dreischmeyer will spend three years in prison on charges of fraud, neglect, residential abuse and attempted larceny against her 72-year-old mother-in-law.

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Man Arrested on Suspicion of Embezzlement and Elder Abuse

According to www.times-standard.com, an Arcata, CA bank employee was arrested on Tuesday after being charged with elder abuse and embezzlement. The report states that 32-year-old Elliot Shane has been booked on suspicion of embezzling a total of over $100,000 from 5 different customers, all of which were either unaware of changes in their bank account or were elderly people that may have been unaware of changes in their banking.

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Elderly Woman Dies Following Suspected Elder Abuse

A Massachusetts elderly woman has died due to injuries she suffered resulting from severe neglect. Five residents of Fall River, MA reportedly left the 80-year-old woman lying in a recliner in her own urine and feces for over a month.

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Man Jailed For Attacking 67-Year-Old Mother

A 67-year-old woman was left with a fractured eye socket and several other injuries following an attack against her from her son, 45-year-old Bradley Stewart. Stewart reportedly barged into his mother’s house while he was intoxicated and he threatened the woman’s life and the lives of her grandchildren.

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Texas Nursing Home Receives Complaints for Lack of Air Conditioning

The website woai.com has reported that they have received several complaints about a San Antonio nursing home that reportedly has not had air conditioning for several weeks. The complaints stem from the fact that residents have been asked on numerous occasions to remain out of the dining room area and eat in their rooms because of the lack of air conditioning.

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Illinois Governor Signs Bill to Protect Elderly

The Illinois Government News Network has posted a report on their website discussing a bill that Governor Pat Quinn has signed that will protect elderly individuals in Illinois from suffering elder financial abuse. The report states that this new law will call for financial institutions to set stronger methods in place to identify and report financial abuse of elderly individuals.

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Hospice Worker Accused of Overmedicating Patient

A 19-year-old worker at a Virginia hospice facility has been arrested for overmedicating a patient. Julie Ann Fischer is accused of putting a crushed pill into the patient's food in order to put him to sleep.  The charge is a class three felony and carries up to 20 years in prison. This case highlights the prevalent problem of overmedication in nursing homes, hospices, and assisted living facilities.

 

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Nursing Home Employee Gets Life in Prison for Abuse

A former employee at a Los Angeles-area senior living facility has been sentenced to life in prison for abusing several elderly residents.  21-year-old Cesar Ulloa was convicted of toture and seven counts of elder abuse.  The victims all suffered from dementia and were unable to speak or report the abuse.

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Orlando Assisted Living Facility Investigated for Abuse

An Orlando assisted living facility is being investigated for excessive use of restraints on a disabled man.  The man, Bryan Barboka, 26, suffers from cerebral palsy and is paralyzed except for the use of his left arm.  After being restrained, he suffered a fractured shoulder and severe bruising. 

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Nursing Home Worker Accused of Murdering Resident with Morphine

A North Carolina nursing home worker has been arrested for murder after allegedly giving an Alzheimer's patient a lethal dose of morphine.  Angela Almore also faces felony abuse charges for overmedicating at least six other residents with morphine.  It is believed that Almore overmedicated the residents in order to keep them docile and manageable. 

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June 15 is World Elder Abuse Awareness Day

June 15 is the fifth annual World Elder Abuse Awareness Day.  The event is organized by the International Network for the Prevention of Elder Abuse (INPEA) to raise awareness of elder abuse, neglect, and exploitation.  The day will feature events around the country and the world designed to educate about elder abuse.

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Elder Abuse Allegation Investigated in Nebraska

NBC affiliate WOWT in Nebraska is reporting that Nebraska police officers are currently investigating a potential elder abuse incident. The report states a 74-year-old man was discovered in his apartment lying on a couch. Police said they discovered the environment was unsanitary, including discovering trash, rotting food, and cat and human feces in the apartment.

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Warning Signs of Sexual Assault in Nursing Home Ignored

An employee at a nursing home repeatedly molested at least seven residents between 2000 and 2007.  Now, an investigation by a local newspaper has shown that the abuse was allowed to continue even though there were warning signs.  The investigation also documents the torment the abused residents must still live with, even though the molester is now in prison.

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Police Fail to Investigate Pedophile at Group Home

Local police and officials at nationally renowned school for disadvantaged children  in Pennsylvania failed to follow up on an allegation of molestation in 1998.  This failure allowed the pedophile to continue visiting the school and molest at least 17 more children before finally being arrested in 2008. 

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ABC15 Investigates Sun Valley Group of Tempe

The ABC15 Investigators are investigating Arizona adult guardian group Sun Valley Group of Tempe after several allegations of abuse and possibly criminal behavior.  Adult guardians are court-appointed representatives who are entrusted with protecting the rights and interests of adults who cannot make decisions for themselves, such elders who suffer from dementia or Alzheimer's disease.  In addition to the many complaints from family members documented by ABC15, Sun Valley Group is also the subject of two separate criminal investigations.

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California Nursing Home to Pay $28 Million in Death

A nursing home near Sacramento, California has been ordered to pay $28 million in punitive damages for the death of a resident.  The nursing home was found to be deliberately understaffed and to provide substandard care.  The large punitive damages amount is a record for Sacramento county and was meant to send a message to the home that they can no longer save money by cutting corners.

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North Carolina Nursing Home Worker Accused of Sexual Assault

A North Carolina nursing home worker has been accused of sexually assaulting an elderly resident.  The assault allegedly took place in February, but the victim only recently came forward.

 

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Family Wins $19M in Nursing Home Abuse Case

A nursing home in Brooklyn that neglected a 76-year-old man and caused him to get more than 20 bedsores will be required to pay nearly $19 million to the victim’s family. 76-year-old John Danzy lost nearly 100 pounds and suffered from a serious infection as a result of his bedsores after six months of staying at the Brooklyn Queens Nursing Home. It was also discovered that the nursing home had doctored records to cover up their neglect. As a result, the jury awarded $3.5 million for pain and suffering and $15 million in punitive damages for the doctored records.

Bed sores are one of the most common and most serious results of nursing home neglect. They are caused when a patient is forced to lay or sit in the same position for a long period of time. Nursing homes are required to turn or move patients on a regular basis to prevent bed sores from occurring and keep records of these movements to ensure that they are done properly. Bed sores can erode skin and cause holes in the body and lead to serious infections and even death. If you have a loved one in a nursing home, you should check for bed sores and ask to see records to ensure that bed sores are not developing.
 

Nursing Home Worker Pleads Guilty to Abuse

A former nursing home worker in Lufkin, TX was recently sentenced to 20 months in jail after pleading guilty to abuse of a 77-year-old nursing home patient. The victim’s husband had noticed signs of abuse, but due to his wife’s mental state, it was difficult to prove that abuse was taking place. The husband then planted a hidden camera in his wife’s room and recorded two instances of the worker abusing his wife by grabbing her arm and twisting it violently and striking her repeatedly on the arm.

This case illustrates several problems that nursing home residents and their families must deal with. Since many nursing home residents suffer from Alzheimer’s, dementia, and similar disorders, they may not be able to report abuse themselves, so family members must be vigilant in looking for signs of abuse. In addition, since this abuse happened repeatedly, after the husband had noticed it, the administrators of the nursing home may be found liable for the abuse, as they allowed it to happen on multiple occasions despite there being signs that abuse was taking place. If you believe your loved one is being abused in a nursing home, you should contact a nursing home abuse attorney to discuss your case and decide on the best course of action.
 

Nursing Home Worker Pleads Guilty to Abuse

A former nursing home worker in Lufkin, TX was recently sentenced to 20 months in jail after pleading guilty to abuse of a 77-year-old nursing home patient. The victim’s husband had noticed signs of abuse, but due to his wife’s mental state, it was difficult to prove that abuse was taking place. The husband then planted a hidden camera in his wife’s room and recorded two instances of the worker abusing his wife by grabbing her arm and twisting it violently and striking her repeatedly on the arm.

This case illustrates several problems that nursing home residents and their families must deal with. Since many nursing home residents suffer from Alzheimer’s, dementia, and similar disorders, they may not be able to report abuse themselves, so family members must be vigilant in looking for signs of abuse. In addition, since this abuse happened repeatedly, after the husband had noticed it, the administrators of the nursing home may be found liable for the abuse, as they allowed it to happen on multiple occasions despite there being signs that abuse was taking place. If you believe your loved one is being abused in a nursing home, you should contact a nursing home abuse attorney to discuss your case and decide on the best course of action.
 

Cities Often Lag in Investigating Group Home Abuse

According to a recent report in the Washington Post, Washington, D.C. is severely lagging in investigating abuse at group homes for people with developmental disabilities. The report found that the city had not filed timely reports for over 400 cases. This report illustrates the problem of group home abuse investigations throughout the country, as underfunded and overworked government agencies cannot keep up with the number of abuse cases. Additionally, these are just the cases that are reported. Many cases of group home abuse go unreported.

Here in Arizona, our government agencies face similar problems properly overseeing group homes that care for adults with developmental and physical disabilities. Therefore, if you have a friend or loved one in such a facility, it is important to be diligent in looking for signs of abuse. These signs could include depression, welts, lethargy, or other sudden and unexplained changes in mood or behavior. If you believe your loved one is being abused, you should contact an experienced group home abuse attorney to discuss your case and decide the best course of action.
 

Nursing Home Abuse in Arizona

Arizona is one of the few states in the country that has a unique statutory definition of “abuse” of nursing home patients.

“Abuse” means:

1. Intentional infliction of physical harm.
2. Injury caused by negligent acts or omissions.
3. Sexual abuse or sexual assault.

This definition is broader than the common definition of abuse and therefore includes what would ordinarily be classified as simple negligence. This expanded definition is helpful in asserting claims for poor care given to Arizona nursing home patients.

Evaluating a Nursing Home Neglect and Abuse Case

It is always difficult to tell a family that I am unable to represent them regarding the loss or severe injury of their loved one in a nursing home.

However, arriving at the right decision as to whether to accept a nursing home neglect and abuse case is the foundation of a nursing home practice.

Difficult decisions are made at the junction where emotion and intellect intersect.

Emotion is the first to weigh in when a death or life changing event is presented to me for review. It is difficult not to become incensed at the poor care given to our most vulnerable patients or to become attached to a family that has lost a loved one.

Since intellect, in the form of practical considerations, are slow to appear, caution in the decision process is well advised.

Nursing home, assisted living, and group home cases are expensive, labor intensive and emotionally draining for an attorney. They are also difficult for families because they take a long time to resolve and therefore there is delayed closure of the emotional wound.

The first consideration is whether the neglect or abuse resulted in significant injury or death.

The second consideration is whether the injury or death was the result of neglect or abuse.

Having said that, my analysis as to whether to move forward is based on a broad view of the nursing home (including both the specific facility and the parent organization).

I examine the history of the nursing home to determine whether they have had similar problems in the delivery of patient care. Have they learned from their prior mistakes or are they continuing with the same conduct?

I determine whether the harm was the result of a systemic failure such as inadequate staffing, training or oversight. These systemic failures are evidence that the facility was incapable of providing quality care.

I then determine whether the systemic failures were the result of corporate business decisions. In other words, did the nursing home corporation decide to place profits over quality patient care and did that decision lead to the injury or death?

The answer to this question will determine whether the facility’s conduct warrants an award of punitive damages. Punitive damages are assessed against a facility to punish it for outrageous conduct.

Going through these considerations in the case selection process enables me to decide whether to accept or reject a nursing home case. However, it doesn’t make it any easier to tell a family that I am unable to help them.

Front Line Reporting of Abuse and Neglect

Who is in the best position to report abuse and neglect in a nursing home? The nursing staff, of course. A great many nurses and nurse aides are dedicated caring professionals. Then why aren’t they reporting?

One reason may be is that there isn’t much patient neglect and abuse in nursing homes. However, we know that just isn’t true, so we must look further for the answer.

As it turns out, there is a recent article in the Journal of the American Medical Directors Association (AMDA) which discusses this very issue.

The AMDA article reports on a study done in Iowa and concludes that, although nursing home staff is aware of their duty to report as well as the mechanism for reporting, there is little reporting of neglect and abuse by staff (53% admitted suspicion yet only 35% reported abuse).

The article concludes that the reasons for under-reporting are:

1. Inadequate education and training as to whether actions by fellow caregivers rise to the level of a reportable event.

2. Fear of lack of anonymity.

3. Fear of retaliation by fellow workers and the employer.

4. Inexperience of co-workers in dealing with difficult residents.

5. Staff fatigue resulting from being overworked.

6. Lack of comfort with the reporting agency.

Whatever the reason for inadequate reporting, it is vital to all our welfare that nursing home staff be encouraged and supported in fulfilling their duty to report suspected abuse and neglect.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.
 

Who's Watching Out for the Patients?

Nursing homes receiving Medicare or Arizona Long Term Care funds must comply with federal nursing home health and safety regulations.

Nursing homes that are unwilling or unable to provide quality care must not be allowed to retain their license to engage in business in the State of Arizona.

In Arizona, the Department of Health Services (DHS) is the enforcement agency, acting on behalf of both the federal and state governments.

DHS is responsible for ensuring that Arizona nursing homes follow state and federal regulations and provide quality care to their patients. DHS is supposed to be an advocate for nursing home patients.

Nursing homes are required to be inspected at least once every fifteen months and are to be cited for any deficiency in patient care. Inspections must occur more frequently, however, in the event a complaint is filed against a nursing home for poor care.

Poor Enforcement Equals Poor Care
When health and safety regulations are not strictly enforced, nursing homes are encouraged to neglect patient care in their pursuit of profit.

Strict Enforcement Equals Good Care
On the other hand, when nursing homes are held accountable through strict enforcement, patient care and quality of life improve.

Nursing Homes Promise to Mend Their Ways
Although cited nursing homes promise the DHS that they will correct and improve patient care, many of these same nursing homes continue to provide poor patient care.

It is up to the DHS to prevent repeat offenders from providing bad care to our most vulnerable citizens.

Failure to Strictly Enforce Regulations
All too often, however, the DHS fails to act as an advocate for quality patient care and permits nursing homes with repeat violations to continue to retain their Arizona license.

Generally, the most important health and safety regulations are those that require each nursing home have sufficient nursing staff to provide quality care to patients.

However, in Arizona, there is no minimum staffing level required. This makes the DHS inspector’s role most important and difficult. They must determine whether the facility they are inspecting has enough nurses and nurse aides while considering the medical acuity and functional level of each patient.

This is a big job and the inspectors do not uniformly take the time necessary to perform this analysis.

It is up to us to demand patient protection through strict agency enforcement of health and safety regulations.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.