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.
Continue Reading...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.
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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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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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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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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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.
Continue Reading...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.
Continue Reading...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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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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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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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.
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.
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.
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.
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.
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.
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.
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.
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