The Guardian Blog : Arizona Nursing Home Lawyer & Attorney : Solomon & Relihan Law Firm : AZ Assisted Living Neglect & Abuse : The Guardian Blog

The abuse was discovered after an Alzheimer's patient told her family that she was being abused by workers at the assisted-living facility. The family installed a hidden camera in the resident's room and captured the three workers abusing and taunting the resident. The three workers are charged with assault, false imprisonment, and neglect of care.

Abuse and neglect by workers should be of extra concern to residents and family of residents in assisted-living facilities, as assisted-living workers are often less trained that nursing home workers. This case also demonstrates that the best way to prevent abuse and hold abusive workers accountable is for family members to be diligent in detecting abuse.

74-year-old Bill Hearne is a volunteer inspector for Florida's Long-Term Care Ombudsman Program, which inspects assisted-living facilities and advocates for residents' rights. However, Hearne claims he and other inspectors who are serious about fixing problems of abuse, neglect, and filthy conditions are being forced out because their bosses in the state government are too cozy with the nursing home and assisted living industry it is supposed to be supervising.

The alleged purge comes in the wake of a series of stories in the Miami Herald which reported on widespread neglect and abuse in Florida assisted-living facilities. Following this, the state's top ombudsman changed procedures for inspecting nursing homes, only allowing inspectors to talk to residents but not allowing them to inspect facilities. This led Hearne and others to speak out against the changes and they were then fired as a result.

Several months ago, several legislators had proposed nearly two dozen bills that remove important regulations, including portions of the residents' bill of rights. This is despite the fact that assisted-living facilities, which house more than 80,000 residents in Florida, already have less stringent regulations than nursing homes.

However, an investigative series by the Miami Herald revealed widespread abuse and neglect which resulted in an average of one wrongful death per month in the state's assisted-living facilities. Public outcry over the investigation led legislators to kill those bills and, in some cases, completely reverse their positions. The newly-proposed bills call for tougher regulations, more thorough inspections, increased fines, and greater training for staff and administrators.

This story highlights one of the biggest problems with nursing homes, assisted-living facilities, and group homes. Residents' families often assume government regulations and inspections will prevent abuse and neglect and that the government will punish or shut down facilities with poor records. However, this is often not the case. The best way to prevent abuse and neglect remains vigilant detection by family members and family members taking legal action if necessary.

King is accused of slapping two residents and threatening to choke a third. The extent of the injuries is unknown. Police officials are accusing King of striking the two women and threatening them while she was working there on December 31^st. The Beaufort County sheriff deputies say that the victims were given medical treatment and that luckily none of the women suffered life-threatening injuries. At this point it was not stated whether or not King had been given an attorney. 

When you trust your loved one to an assisted living facility, you assume that their safety will never be compromised. All the employees should always be under supervision and have the appropriate background checks taken at the time of their employment. Although it was undisclosed how these allegations came to surface, if there was any neglect in the part of the nursing home than they can be held responsible for the injuries of the elderly women.

The case stems from an incident last summer in which 87-year-old Donald Oliver fell to the ground and broke his hip.  The resident died three weeks later from his injuries. The coroner's office ruled the death a homicide. Witnesses at the home claim Weatherly pushed a door open in Oliver's direction and then punched Oliver when he was on the ground. Though she originally plead guilty, Weatherly is now claiming that she and Oliver both pulled on opposite sides of the door at the same time, causing the door to swing open and knock Oliver to the ground.

This case illustrates an important issue for residents of nursing homes and assisted living facilities and their families: the difference between abuse and neglect. Abuse is willful actions on the part of staff members or administrators to cause harm to their residents. This is what Weatherly is being charged with, as the prosecutors and witnesses claim that Weatherly intentionally knocked Oliver to the ground and punched him. Neglect occurs when staff members and administrators are careless or do not follow proper regulations, leading to harm to their residents. In admitting she was careless, this is what Weatherly is claiming she committed.

Both abuse and neglect are serious problems that need to be combatted vigorously by nursing home and assisted living residents and their families. For example, in this case, though Weatherly is being punished for her actions, state regulators and the victim's family should take a close look at the conditions in the facility that allowed this to occur. Assisted living facilities are often more loosely regulated than nursing homes, so residents and their families need to pay even more attention to the conditions in the facility.

For more information on abuse and neglect in nursing homes and assisted living facilities, visit the Nursing Home Advocates.

Issues Discussed in this Post:

Assisted Living Centers

Nursing Home Falls

Broken Hips/Fractures

Nursing Home Deaths

Abuse and Neglect

Assisted Living Center vs. Nursing Home Regulations

Barboka's brother, David, says that the injury occurred last Wednesday but was not reported by the staff until Thursday, causing his brother to spend the night sleeping with the dislocated shoulder.  The nursing home administrators said the injury occurred when Bryan Barboka became upset after going to bed and the staff had to restrain him.  David said he wonders why the staff would need to so severely restrain his brother since he was paralyzed. 

More information, including pictures of Barboka's injuries, are included in this report from Fox 35 Orlando:

The improper use of restraint is one of the most common causes of nursing home and assisted living facility abuse.  Restraint should only be used in extreme circumstances in order to prevent harm to the resident or others and staff should be properly trained on how to restrain residents.  For more information on the use of restraints, visit Solomon & Relihan's Nursing Home Advocates website.

Peter and Maria Lombardo were arrested after an investigation by Attorney General's Medicare Fraud Control Unit's Patient Abuse, Neglect, and Exploitation (PANE) Team.  The investigation found five elderly female residents living in substandard conditions.  Further investigations revealed that the home the residents were living in was not licensed by the state.  the Lombardos had one licensed facility, but were operating three other facilities without a license, including the one where the residents were found.  Operating an assisted living facility without a license is a third-degree felony in Florida, and the Lombardos each face up to 15 years in prison.

Making sure a facility is properly licensed is one of the most important elements of ensuring quality care at an assisted living facility, group home, or nursing home.  Licensed facilities must follow strict requirements regarding staffing, management of medication, and compliance with fire and safety codes.  Though being licensed does not guarantee that a facility will not commit abuse or neglect, a facility that is unlicensed should be considered extremely dangerous.

for more information on assisted living facilities and what to do if you believe a loved one is being abused or neglected, please visit the Nursing Home Advocates Assisted Living Centers Information page.

The study, as reported by BusinessWeek, found that people over 65 commit suicide at a rate of about 14 per 100,000, but people over 65 living in assisted living or long-term care facilities commit suicide at a rate of 19 per 100,000.  The researchers say that this link may be due to the fact that stressful or troubling events, such as the death of a spouse, illness, or decline in health, may have caused them to move to a facility.  In addition, the risk may be higher in the first year, due to the stress caused by relocation.

One factor that is not discussed in this article but must be considered is the role of the assisted living facilities and long-term care facilities themselves.  Abuse and neglect by staff members can worsen depression and lead to suicidal thoughts.  In addition, even if behavior by staff members is not contributing to a resident's suicidal thoughts, staff should look for warning signs of depression and attempt to help residents before they attempt to harm themselves. 

For more information on treating and preventing suicide in nursing home and assisted living residents, visit the Solomon & Relihan Nursing Home Advocates website.