Group Home Operators Arrested for Fatal Fire

Posted on June 18, 2010 by David Boyles

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.

James and Donna Beerman, operators of the Bright New Horizons group home, were arrested for causing the death of 23-year-old Frank Klekner last August 5.  They were both charged with "causing death by failing to comply with a law intended to protect the public health and safety."  This is a second-degree crime, with a maximum penalty of 10 years in prison.

Bright New Horizons is a residential group home that provides transitional housing for people in recovery from substance abuse and addiction.  Investigators believe the fire was caused by improperly extinguished smoking material.  After an extensive investigation, it was determined that the Bright New Horizons facility had no safety measures in place, including fire alarms, sprinklers, or emergency exit signs.  In addition, though the facility was only licensed for six residents, there were at least 11 people living there at the time of the fire.

Group home operators are responsible for properly maintaining their facilities and complying with all state regulations.  If the negligent maintenance of a group home has caused injury or wrongful death to a loved one, you should visit Solomon & Relihan's Group Home Abuse website.
Tags: , , , ,

Mental Health Worker Verbally Abused for Complaining About Group Homes

Posted on May 26, 2010 by David Boyles

An Oregon mental health worker is suing the state for $1 million, claiming that she was verbally abused after she complained about the abuse of group home clients.  The woman claims that co-workers at the State Department of Health Services verbally attacked her and used racial epithets after she raised concerns about abuse and improper care at the state-run group homes and the stress caused by these attacks eventually forced her to leave her job.

Vanessa James worked as a mental health therapy technician at a state-run group home.  After complaining to superiors about abuse and improper care in the group home, James claims that her co-workers verbally attacked her.  The stress from the abuse caused her to seek treatment and counseling and her doctor eventually removed her from her job.  When she returned to work, she was assigned to a new nursing home, where she claims she was treated differently from co-workers and not allowed to work overtime in retaliation for her actions.  She is currently on leave, as the state has refused to return her to her current job.

This case illustrates a severe problem for workers and clients of nursing homes and group homes.  Employees who want to do the right thing are often discouraged by supervisors and co-workers from coming forward because those in charge want to ignore signs of abuse and neglect.  Like Ms. James, group home staffers who do come forward may be the subject of abuse and discrimination and put their careers in jeopardy. 

Because of this, it is important for friends and family of group home residents to be diligent in identifying and preventing neglect and abuse.  If you suspect neglect or abuse, you should report it immediately and contact an attorney to discuss the best way to proceed.

For more information on detecting and preventing group home abuse, visit Solomon & Relihan's Group Home Abuse website.
Tags: , , , , , ,

Evaluating a Nursing Home Neglect and Abuse Case

Posted on August 17, 2009 by Martin Solomon

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.

Tags: , , , , , , , , , , , , , ,