In many of the larger nursing homes and care facilities, a nursing home employee will sometimes see hundreds of patients a day. They are in charge of giving the correct medications to the patients and keeping track of what different ailments the patients suffer from.
Continue Reading...A nursing home in West Virginia received a verdict stating that the level of injuries and neglect caused by the residents must be punished. The nursing home found that the nursing home failed to feed and care for an elderly woman who died in the company’s care.
In Owatonna, Minn the death of an 84-year-old man was declared as “natural causes” until it was discovered that the nursing home facility had neglected to give him his crucial anxiety drug for ten days. The nursing home staff then gave the elderly man 10 doses of the medication at once.
Continue Reading...Trying to find the right type of care for your loved one who is developmentally disabled can be extremely difficult. The developmentally disabled population is often fragile, immobile and some are unruly and inclined toward violence. Yet in some states, their care and unexplained deaths are gone ignored, and families are left to mourn the loss of their loved one whose death could have been prevented.
Continue Reading...As parent’s age they end up having to depend on their children for their care and to have their best interests at heart. In some cases the family that you expect to care for you end up hurting you the most. Two brothers and a sister in Aurora, IL have been convicted of criminal abuse and neglect of their mother, which is a felony that is punishable for up to 10 years in prison
Continue Reading...An elderly woman who suffered dementia passed away because staff in a local nursing home did not give her enough food. The 82-year-old woman was allegedly given a little more than one-tenth of the daily food and drink needed for an adult woman to survive. This neglect occurred in a nursing home in Sutton Bridge.
Continue Reading...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.
Continue Reading...In Sacramento, CA, new legislation is being sent to the governor’s office that would help prevent police, doctors and others from being put on hold for long periods of time on the state’s elder abuse hotline. This new legislation would allow police and other authorities to submit reports of elder abuse or neglect via a secure website on the Internet.
Continue Reading...As you get older it can be difficult to admit that you need help or that you have to rely on another person to do the simple tasks you used to do everyday. Some elderly individuals entrust their family members with their care and well-being and assume that you are in good hands. Unfortunately in some cases family members will neglect or endanger their elderly family members and cause them physical and emotional anguish in the process.
Continue Reading...Home invasions occur everyday, even in the safest of neighborhoods. While most break-in’s occur through a window or the front door, 9% of break in’s happen in the garage. It is terrifying to imagine anyone trying to break into your home and pose a danger to you and your family. In San Antonio, TX an elderly woman was caught off guard by a man who entered her home.
Continue Reading...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.
Continue Reading...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.
Continue Reading...According to the Los Angeles Times, a 91-year-old woman who was under the care of her 26-year-old great-niece died weighing only 35 pounds with sores all over her body. The 26-year-old was attempting to get her great-aunt to drink water when she stopped breathing. The woman tried calling 9-1-1 but was medical personal could not revive the woman.
Continue Reading...In El Paso, TX an 83-year-old woman has suffered first and second degree burns on her hands and face just outside of the Ambrosio Guillen Texas State Veterans Home. Fire officials stated that the woman was smoking in her wheelchair outside of the home when her cigarette fell onto her clothes and burst into flames.
Continue Reading...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.
Continue Reading...A study from the American Journal of Infection Control shows at least 15% of the nursing homes represented in the study have been cited for violations on infection control. The study was conducted between 2000 and 2007 and incorporated roughly 96% of all United States nursing homes.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...In Kissimmee, FL, a 46-year-old woman was arrested after paramedics discovered her mother had been left severely neglected in completely unsanitary conditions. Corrine Marion’s 82-year-old mother was found covered in feces and urine. The incident caught police attention when an emergency medical call had been placed to Kissimmee authorities and firefighters responded. The call came from Hacienda Circle and the report was for an elderly woman suffering breathing difficulties.
Continue Reading...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.
Continue Reading...The Patriot Ledger in Massachusetts reports that while reports of elder abuse and neglect continue to rise in the state, cuts in funding continue to put a strain in the assistance of state is able to provide for abuse victims. A legislative meeting took place on the 16th to discuss the problem and several state agencies spoke on behalf of many abuse victims that they are trying to assist.
Continue Reading...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.
Continue Reading...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.
Continue Reading...In San Diego, a 93-year-old man was believed to be the victim of elder abuse and neglect as he was found in his home disoriented, dehydrated and living in unsanitary conditions early in the week. Arnold V. Bauer, a Pearl Harbor survivor suffering from dementia and prostate cancer was taken to a Veterans Affairs hospital after he was discovered in his home.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...A nursing home facility located in Clawson, Mich is being investigated for a recent outbreak of an illness in their facility. An outbreak of an gastrointestinal virus was reported at Cambridge North Health and Rehabilitation Center after several of the residents had symptoms of vomiting and diarrhea.
Continue Reading...In Willmar, MN a nursing home is being blamed for the death of a resident who chocked on raw cucumbers that should not have been served for her according to reports by state officials.
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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...In Kentucky, State Representative Tom Burch will introduce a new proposal to the House of Health and Welfare committee that could aid in reducing or possibly halting abuse and neglect cases in nursing homes by having nursing homes report all deaths to the coroner. According to the report from CBS affiliate WKYT, current law does not require nursing home staff to report a death if it is believed to be caused by natural causes.
Continue Reading...An investigation into sexual abuse by a nurse at an Albany nursing home led to the arrest of 14 additional employees on various neglect charges. To gather evidence against the aid suspected of sexual abuse, investigators placed a hidden camera in the nursing home. In addition to leading to the prosecution of the sex offender, the hidden camera also revealed several other cases of neglect.
Continue Reading...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.
Continue Reading...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...Summers in Phoenix can cause a number of different health afflictions. The police and fire department receive calls on a daily basis with heat related situations. Most of these accidents are preventable. Elderly are especially affected with heat related injuries, due to their various health afflictions and own vulnerability. On Saturday July 17, a 78 year-old man was taken to a Phoenix hospital suffering second degree burns on his feet.
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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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...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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A wrongful death lawsuit has been filed against Vian Nursing Home in Sequeoyah, Oklahoma on behalf of the estate of one of its former patients – Raymond Foreman. Foreman died almost two years ago while he was a resident in the facility from December 2006 through July 2008. On July 20, 2008, Foreman died as a result of a maggot infestation.
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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...A deadly fire in a Vallejo, CA retirement home killed 3 residents that were staying in the home. Five people pleaded not guilty in Superior Court on Tuesday. All five people own or operate the retirement home and each one faces two counts of manslaughter, two counts of elder abuse causing death and one count of elder abuse.
Continue Reading...According to the website newsobserver.com, a nurse at a North Carolina nursing home is facing murder charges following the death of one of her patients due to high levels of morphine. The facility where the nurse worked is also facing a lawsuit from two other patients because they suffered injuries resulting from negligence on the part of the facility.
Continue Reading...According to Newyourkinjurynews.com, a Florida woman has filed a lawsuit against a man claiming to be a doctor after she suffered burns to her underarms following inferior laser hair removal treatment. According to the report, 22-year-old Monica Jimenez is suing Larry DeJesus after she suffered second and third-degree burns from the treatment
Continue Reading...Officials in South Texas have formed a task force to fight elder abuse. Reported crimes against the elderly were up 15% in Texas last year, and the task force will attempt to fight this problem by focusing on training for nursing home staff and financial exploitation of the elderly.
Continue Reading...Two New Jersey group home operators were arrested due to a fatal fire that killed one of their residents last August. After an extensive investigation, police and fire officials determined that the group home did not have proper safety measures in place to prevent the fire.
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...A couple in Tallahassee, Florida has been arrested for operating an assisted living facility without a license. The arrest came after an investigation that uncovered severe neglect of elderly residents.
Continue Reading...The former CEO of a Milwaukee nursing home who stole from her nursing home while patients were neglected is going to prison for tax evasion. The CEO is alleged to have stolen over $1 million from her nursing home while patients were denied baths and clean sheets and one resident jumped to his death after the staff ignored his threats of suicide.
Continue Reading...A new study suggest that seniors who live in assisted living facilities and nursing homes may be at a higher risk for suicide than those that live alone. This study highlights the importance of nursing home and assisted living staff watching out for signs of suicidal thoughts in residents. Neglectful staff can miss such signs and even contribute to a resident's risk for suicide.
Continue Reading...The family of a woman in Bakersfield, CA is accusing her nursing home of not treating severe burns and allowing them to spread over a large portion of her body. Doctors believe the burns were a result of medication the woman was taking, but the failure of the nursing home staff to notice and take proper action caused the problem to become much more severe. This case highlights what can happen when nursing home staffers are inattentive and neglectful.
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...Tucson nursing home Devon Gables has reached a settlement in wrongful death lawsuit bought by the family of a hospice patient who died from sepsis after developing severe pressure sores. It is one of three lawsuits for neglect and abuse that the Tucson nursing home currently has pending against it.
Continue Reading...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.
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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