According to the WSLS report by Ashely Roberts, the Galax Police Chief says social services workers received an anonymous tip that led them to investigate the nursing home for what were described as pornographic images of residents.

Yesterday, 29-year-old Sharon Ann Walker was arrested on two counts of knowingly and intentionally videotaping or photographing a non-consenting person who was 18 years of age or older when such person was nude or in a state of undress without the person’s permission. Today, police announced a second arrest in the case, charging Livia Dawn Crisan of Galax with two identical counts. Crisan also was arrested Thursday.

Both women worked at the nursing home facility, and both were terminated.

WSLS reported nursing home administrator Jim Wooddell as saying no residents were physically abused, but did admit their rights were violated. He said the nursing home is cooperating with investigators.

In a bizarre twist, one of the arrested suspects, Livia Crisan, is a professional model with her own web site to promote her work, some of it scantily clad. In the police mug shot featured on the WSLS web site,  she is seen smiling.

SOURCE: Nursing Home Abuse › Virginia women take nude photos of nursing home residents

The Inspector General’s Office of the Cabinet for Health and Family Services didn’t see the humor in the incidents and has requested Kentucky facilities to prevent the same such use of cell phones among staff.

Some residents were photographed only partially dressed or in compromising situations, such as walking into the bathroom. Others’ voices were recorded as they screamed or made other comments.

In once incident, a woman with Alzheimer’s disease was recorded saying, “I gotta do-do,” to indicate she needed to use the bathroom. The employee who recorded her reportedly played it back to at least 15 people standing at the nurse’s station. At least one staff member said the use of cell phones during the weekend night shift was “out of control.”

Reports of inappropriate cell phone use have sprung up in recent months. Last March, an Oklahoma nursing home employee was arrested after using his phone to videotape his abuse of residents. Last month in Tennessee, two nursing home workers were fired for using their cell phones inappropriately in the home.

A representative with Bluegrass said that all employees involved in the incident at the Kentucky home have been fired and that all 10,000 employees with Signature Healthcare, the company that owns Bluegrass, have been re-educated on the company’s cell phone policy. Those who use cell phones in a resident area are subject to immediate termination.

Source: Kentucky.com

SOURCE: Nursing Home Abuse › Kentucky investigators urge nursing homes to ban cell phones

Interviews with Bluegrass Care and Rehabilitation Center in Lexington Kentucky staff including aides, licensed staff and housekeepers revealed that no one recognized the photos and recordings as abuse and as a result did not report the incident to management.

The nursing home received a Type A citation from the Kentucky Cabinet for Health and Family Services for not enforcing its policy prohibiting staff members from having cell phones in resident-care areas. A Type A citation is the most serious citation a nursing home can receive. “The facility failed to have an effective system in place to ensure (that) residents were protected from abuse,” the citation said. “The facility’s failure placed residents in imminent danger.” The Centers for Medicaid and Medicare Services found residents to be in immediate jeopardy and imposed a $6,550 per day fine on the nursing home.

A spokesperson with Bluegrass Care and Rehabilitation Center said the facility conducted an internal investigation and as a result fired several employees who participated in the activities. Management also said it is working with state and federal agencies to insure that residents are protected. The facility’s “foremost concern is the care and protection of its residents, and we have taken this matter very seriously.”

SOURCE: Nursing Home Abuse › Nursing home staff fired for taking inappropriate photos of residents

Bledsoe, founder of the watchdog group A Perfect Cause, returned to Albert Lea, Minnesota, to rally support for his efforts. Bledsoe has been to Albert Lea numerous times in response to news reports about the “abuse-for-thrills” case at Good Samaritan Society nursing home where two nursing aides have been charged with a linty of crimes including disorderly conduct, assault and criminal sexual abuse.

According to prosecutors, Brianna Broitzman and Ashton Larson held down residents, put their fingers in residents’ mouths and noses to quiet their cries and screams for help, hit and rubbed their breasts and genitals, and sexually “humped” some residents. They told coworkers that they partook in the crimes for “work fun or to get a good laugh.”

Bledsoe explained the problem with the five-star reporting system by poring through Minnesota Department of Health reports, including one that was released last August in which the “abuse-for-thrills” case was reported by Good Samaritan. He said since nursing homes self report incidents of abuse and neglect and implement a plan of correction before the state Department of Health arrived, Good Samaritan received no deficiencies for the abuse.

Since the federal database tracks deficiencies at homes and not substantiated abuse cases, people who refer to the federal database have no way of seeing an accurate picture of the care a nursing home provides. Bledsoe is fighting to get substantiated abuse cases added to the federal database, and urged others to contact their state legislators, U.S. congressmen and senators.

SOURCE: Nursing Home Abuse › Advocate wants federal nursing home database to include abuse cases

Hidden video surveillance

The indictments follow the guilty plea of a third nursing aide, Jaclyn Dawn VanWinkle. Van Winkle was sentenced to 12 months in jail but will serve two years probation for agreeing to testify against other cases of criminal conduct at the nursing home.

Family members of Madison Manor resident Armeda Thomas became suspicious about her care and placed a hidden video camera in her room. The videotape showed a total of nine nursing assistants physically abusing the woman and failing to clean or feed her. Thomas’ family members moved her out of the home, and she later died from complications from Alzheimer’s disease.

Extendicare, the Wisconsin-based company that owns Madison Manor, fired the nine nursing assistants, made staff changes, and set up a retraining program for staff as a result of the videotape. “We do not condone this kind of behavior,” said a spokesperson for Extendicare.

Hidden video surveillance has led to convictions of numerous nursing home residents since the practice has been approved in select states. New York has used the practice throughout the state, which has led to the conviction of more than 25 nursing home employees.

SOURCE: Nursing Home Abuse › Hidden cameras lead to nursing home abuse charges

In January 2008, two employees at Radius Health Care Center in Quincy, Maine, saw their co-worker Elizabeth Landry, a 25-year-old nursing assistant, slapping a man on the head with an open hand, swearing at him and calling him and obscene name. She also reportedly pulled the man out of his wheelchair and threw him into a bed. The man was a stroke victim and used a wheelchair for mobility.

Landry said the man had struck her in the face with a menu, but the incident was enough to get her fired from Radius Health Care Center. The nursing home, as it is required, reported the incident to Maine’s Executive Office of Elder Affairs. A social worker informed the man’s stepdaughter of the alleged assault two days after it occurred.

Landry was charged with assault and battery on a disabled person over 60. She entered a plea agreement in the Plymouth District Court. Based on her previous military service and lack of criminal record, the judge gave what the man’s stepdaughter considered a lenient sentence. Landry was ordered to complete an anger-management course and to stay away from the man she abused. The case will be dismissed in one year if Landry manages to stay out of trouble.

Source: Patriot Ledger

SOURCE: Nursing Home Abuse › Woman disappointed in judge’s treatment of abusive nursing aide

Silver Lake Care Center

Investigators cited the nursing home in February saying it failed “to screen for, prevent, identify, report and investigate abuse.” Former director of nursing Terri Conley said she resigned from the home in January because the home was severely understaffed. “If you don’t have enough staff, the residents are not going to get the care they need,” she told the newspaper. “Families of the residents noticed and came to me asking why there wasn’t enough staff.”

Several families have filed suit against the home for neglect and wrongful death, and a caretaker at the home, Jason Pearl, was charged last month with abuse. He is currently in Washington County Jail awaiting a preliminary hearing scheduled for next month.

The nursing home is also facing a litany of financial woes. The Housing and Urban Development’s Public Affairs Office said that an FHA-insured mortgage at was in default, which prompted the home’s closing, and at least one staffing agency is reportedly suing the nursing home owner for nonpayment.

Eddie Martin of Sallisaw is listed as a part owner in the home. Martin also holds an interest in seven other homes in Oklahoma, three of which no longer receive Medicare and Medicaid dollars because of serious code violations. A fourth home is currently under order to clear up deficiencies by May 8 or lose its federal funding as well.

SOURCE: Nursing Home Abuse › OK nursing home closes amid allegations of abuse, neglect

Linda Darlene Carter was living at Hillcrest North nursing home where she was receiving care following an automobile accident during which she received multiple blunt force injuries. She was the passenger in a vehicle that collided with another automobile at an intersection, according to reports. She died at the nursing home on March 27, 2008. The medical examiner who reviewed the case said that Carter died of “dehydration due to inadequate care” following the accident and listed her death as a homicide.

The Tennessee Bureau of Investigation is reviewing the “suspicious” death of Carter and may turn the case over to the Knox County District Attorney General’s Office. The Attorney General’s office would then decide whether to present the case to a grand jury for any criminal charges.

The lawsuit, alleging nursing home abuse and/or neglect, was filed by Cater’s son and daughter, Andrea Lawson and Anthony Cohoon, against Hillcrest Healthcare North and Hillcrest Healthcare LLC. Since the lawsuit was filed, the nursing home forged a partnership with Grace Health Care. Grace is not named in the lawsuit.

Hillcrest Healthcare President and CEO Carolyn Pointer referred comments to Grace Health Care, which declined commented based on lack of knowledge.

SOURCE: Nursing Home Abuse › Family of neglected woman sues nursing home for $35 million

According to police reports, a Hillcrest employee found Shaw sitting on the woman’s bed last month with blood on his face and hands. She was menstruating at the time of the alleged attack. Shaw had his shirt off and sweat pants down to his knees but his boxer shorts were on.

A warrant was issued for Shaw’s arrest, and two psychiatrists who interviewed Shaw testified he understood the charge and thus, Shaw was found competent to stand trial. However, the public defender representing Shaw said the ruling was surprising. “I am still trying to grasp, as a layman, how a psychotic is competent to stand trial,” he told the newspaper. If found guilty of the Class D felony, he faces six months to three years in jail.

Shaw was moved from Hillcrest Centre to Clark Memorial Hospital’s behavior health unit before being transferred to the Clark County Jail. Hillcrest Centre released a statement saying it provided a detailed report to the Indiana State Department of Public Health and that it would take measures to ensure all residents of the facility remain free of any abuse.

Family members of the victim are calling for the home to close down, and they are pursuing a lawsuit against the nursing home on their daughter’s behalf.

SOURCE: Nursing Home Abuse › Schizophrenic man to stand trial in nursing home sexual abuse case

The meeting was his second since early last month, when he held a town hall meeting with an audience of more than 200 focusing on recent allegations of sexual abuse of residents at Castle Manor by a nursing home aide at the home. According to family members, it took days for the nursing home to file the sexual abuse claims with the Department of Health, and the accused abuser continued to work at the home for weeks after the initial complaint was made.

Concerned family members of one of the victims contacted Bledsoe, founder of the victims watchdog group A Perfect Cause, who has received much publicity for his efforts to fight elder care in nursing homes. He traveled to Hot Springs to conduct a town hall meeting last month and returned last week after receiving dozens of calls from family members of victims wanting advice on how to best seek justice.

One audience member last week asked Bledsoe if he planned to contact Castle Manor administration, which Bledsoe was quoted in the Rapid City Journal as replying, “I don’t make a practice to meet with administrators. By the time I am called, the time for talking is past, and it is time to take action.”

Bledsoe said he had talked with the Fall River County State’s Attorney about the case, but did not disclose the details of that conversation. But he urged those in the audience to join his fight. “Call your state and national representatives and senators,” Bledsoe was quoted in the newspaper. “We can address many things through advocacy, but I need more help.”

SOURCE: Nursing Home Abuse › Eldercare advocate rallies family members to fight for better care

The lawsuit was filed on behalf of family members of four people who died in the homes from dehydration, malnutrition and blood poisoning caused by neglected bed sores. The suit is also filed on behalf of a man who lost a testicle after being scalded during an act of abuse at the home. The suit cites “grossly substandard care, life-threatening care,” and negligence.

The nursing home group is also being sued for deceptive trade practices for promoting its nursing homes as providing quality care when, in fact, the homes have among the worst records in the state, according to the report.

The Health Care Availability Act requires all nursing homes be insured for $3 million each year with a cap of $500,000 per incident. In 2004, the Colorado Department of Public Health and Environment adopted a policy that allowed nursing homes to be self-insured provided they submit an affidavit stating that it has set aside $1 million for insurance claims.

However, investigators have found the affidavits are false and that the homes have no money set aside for any insurance claims. Attorneys for the families claim that the state did nothing to verify the affidavits were valid and that the nursing homes had set aside the money even though state law requires approval of self-insurance plans.

SOURCE: Nursing Home Abuse › Nursing home chain accused of substandard, life-threatening care

One report says that John Mitchell-Whiteford, the former manager at the Drey House Nursing Home in St. Neots, left a fallen resident on the floor for an hour and a half, stepping over her at one point while she lay there. He reportedly shouted at the resident and took a walking stick away from her even though she needed the stick for mobility.

The daughter of that victim, Carol Porter, claims her 90-year-old mother who suffered from Alzheimer’s disease was left unclean and freezing cold in a room with open windows. Porter referred to the home as a “war zone,” adding that the staff at the nursing home were negative and the facility was overrun with concerning incidents. Porter said her mother “looked as if she was fading away, she seemed malnourished.”

The allegations date back to 2002, when Mitchell-Whiteford was named clinical manager. He claims the complaints stem from employees who resisted actions to improve the quality of care at the nursing home. The mental health nurse faces charges brought by the Nursing and Midwifery Council. Mitchell-Whiteford could be fired if found guilty of the actions. A hearing, which began late last month, has been scheduled to resume in September.

SOURCE: Nursing Home Abuse › Nursing home manager faces claims of abuse, neglect

Earlier this week the sisters were arrested and charged with a third-degree felony of one count of operating and/or maintaining an assisted living facility without a license. If convicted, the sisters each face up to five years in prison and a $5,000 fine, according to All Headline News.

The arrests followed an investigation by law enforcement and Attorney General Bill McCollum’s Medicaid Fraud Control Unit. The unit’s Patient Abuse, Neglect and Exploitation (PANE) team also was involved in the investigation.

Earlier this year, the state’s Agency for Health Care Administration sent notices to each of the homes requiring the facilities to close. The women stand trial in the Judicial Curcuit Court on April 17th.

SOURCE: Nursing Home Abuse › Assisted living facility owners, sisters arrested for cheating government

The daughter of Millie Slatten, who has cerebral palsy, was a resident at Hillcrest Centre for Health and Rehabilitation in Jeffersonville. Her condition left her unable to walk or talk. According to a probable cause affidavit, a staff member reported seeing a male patient sitting at the end of Slatten’s daughter’s bed with his pants down and his shirt off. The victim’s undergarments were also undone. The male patient suffers from schizophrenia and had expressed to staff members previously about his desire to be close to the victim.

The male patient is charged with sexual battery. A warrant is issued for his arrest. But that news is hardly comforting to family members of the victim, who is now living at home with her parents.

“I just don’t see how they could not see that man go in that room,” Slatten told WHAS-TV.

Hillcrest Centre released a statement saying that it provided a detailed report to the Indiana State Department of Health and that “appropriate measures continue to be taken by Hillcrest Centre to ensure all residents of the facility remain free of any abuse.”

Slatten says reporting the incident just isn’t enough. She wants the home closed, and she is filing a lawsuit against the home on her daughter’s behalf.

SOURCE: Nursing Home Abuse › Rape victim’s family wants nursing home shut down

California nursing homes

Ombudsmen provide a valuable service to the elderly. Not only do they serve as advocates to nursing home residents, they also investigate and resolve complaints and make unannounced visits to nursing homes to ensure residents’ needs are being met. An estimated 40 percent of nursing home residents have no family or friends to visit with or advocate for them.

A spokesperson with Ombudsman Services of Northern California says mandatory reporting of incidents has dropped though the number of residents in the homes has increased – a formula which doesn’t make sense. The group is concerned that the 1,600 northern California nursing homes and assisted living facilities regularly serviced by the program will begin to see a rise in senior abuse.

Instead of visiting assisted living facilities once a month and nursing homes weekly, since the budget cuts ombudsmen visits have dropped to once a year for assisted living facilities and monthly for nursing homes.

According to the report, Assemblyman Dave Jones, (D) Sacramento, has co-authored legislation to restore ombudsman funding. That bill would direct money to the ombudsman programs from fines levied against care home operators who break the law.

SOURCE: Nursing Home Abuse › CA long-term care facilities suffer from cuts to ombudsman program

The most shocking complaint involves a mentally disabled female resident. One worker says she had to force her way into that resident’s room because the door had been secured with a chair. When she entered, the worker says she saw Bautista-Meraz bent over the resident, who was partially dressed. The woman was bleeding from the vagina. Bautista-Meraz claimed he was cleaning the woman though he had no cleaning supplies with him. The nursing home countered the claim by saying it was not unusual for staff to secure the resident’s door with the chair, and that the bleeding was not uncommon in the resident as she suffered from abdominal cancer.

Other incidents include one resident claiming Bautista-Meraz ordered her to undress while he watched. Another says the aide grabbed her breast. And others say he was he was rough or handled them in a sexually suggestive manner. Bautista-Meraz has yet to be charged.

The home was cited by state inspectors in November 2006 for not reporting the allegations of abuse to the state Department of Health and not investigating the matters further. The home appealed the fine but Administrative Law Judge Jose Anglada upheld the decision saying the home “displayed indifference and disregard to resident care and safety.”

SOURCE: Nursing Home Abuse › Iowa nursing home fined for indifference to sexual abuse claims

Two daughters of one of the victims, Sharon Deboer and Gwendolyn Ketterer, say they became suspicious when their mother, who suffers from dementia, began acting unusual last year. In January, one of the sisters was contacted by another employee at the home, who told her that a male nursing assistant had been sexually molesting her mother. The sisters say they received no further notification from the nursing home about the incident even though a complaint had been filed with the Department of Health three days earlier. Worst of all, the man suspected of the assault continued to work at the home for weeks after the initial complaint was made. The sisters began to feel the home was trying to cover up the wrong-doing.

“It was just, everything changed. The whole atmosphere of the place changed that’s why we felt that and when my sister went to talk to an authority up there, everything was denied,” Ketterer told the newspaper.

Castle Manor Board President Rich Nelson says he has received other “minor” complaints and is aware of the three victims’ complaints. He says the nursing home took action and fired the nursing assistant following an investigation into the incident.

Castle Manor, which is operated by Fall River Health Services, is the only long-term care facility in Fall River County.

SOURCE: Nursing Home Abuse › Nursing home fires CNA weeks after allegation of sexual assault

State Sen. Dan Kotowski

Sen. Kotowski says the basis of the bill is to ensure that problems at nursing homes get fixed. The Illinois Department of Public Health would be charged with overseeing the system and deciding if homes were using the refunded fines to remedy problems. If passed, Illinois would become the only state to refund nursing home fines.

“We really want to use the enforcement system to fix the problem,” said Terry Sullivan, a representative with the nursing home advocacy group Health Care Council of Illinois. “Why take funding away from the facility just when they need it?”

Wendy Meltzer, director of the Illinois Citizens for Better Care said the idea of refunding moneys paid by nursing homes that have been cited for abuse or neglect in “the rape or death of a resident is ‘morally repugnant,’” according to the news report.

The bill will also siphon funds from a special state fund that currently pays for Public Health employees to monitor troubled nursing homes and who take temporary control over troubled facilities.

Facing mounting opposition, Sen. Kotowski says he is willing to modify the legislation to please both sides for the greater good of those living in nursing homes.

SOURCE: Nursing Home Abuse › Illinois nursing home advocates fight proposed bill to refund fines

DuPage County, Illinois

The freezing death of Sarah Wentworth has sent chills through the Itasca, Illinois, community where she lived – and subsequently died – at a nursing home. Wentworth suffered from dementia, which leaves its victims prone to wandering. She wore a band that would signal an alarm on the door if she wandered through it. Unfortunately, the nurses aide on duty the night Wentworth died was too caught up on a television show to pay attention to the alarm. Wentworth was left outdoors for five hours before she was found. By then it was too late and nursing home staff are being blamed for trying to cover up their negligence.

A state attorney wants to ensure more needless deaths like Wentworth’s don’t happen in nursing homes. He is urging the Illinois Department on Aging to establish an Elder Abuse Fatality Review Team to investigate claims of violence against elderly residents age 60 and older, including accessing previously restricted information such as nursing home records. The team would be made up of state attorneys, the sheriff, the county coroner, nursing home associations and senior citizen agencies.

A similar death review team was established last summer to review fatalities among senior citizens in domestic living situations. That team can investigate home care cases and retirement homes, but cannot investigate nursing home claims.

State approval for the Elder Abuse Fatality Review Team should come within the next few months. Team membership would be solicited shortly thereafter.

SOURCE: Nursing Home Abuse › State attorney hopes to form nursing home death review team

The man’s wife had had enough. She sought legal counsel and as a result, Elderberry Square is facing a $1 million lawsuit in the severe neglect and abuse of the man, according to Salem-News.

Falls among seniors pose a major medical problem. While many injuries from falls can be minor, others can result in major cuts and bruises, broken bones and head trauma. Some may lead to hospitalization, disability, the need for continuous skilled nursing care, or even premature death. Falls also can have psychological consequences, such as depression, isolation and a decline in physical function due to lack of activity.

This is not the first lawsuit of this nature that Elderberry Square has faced. Two years ago, a similar lawsuit was filed against the home involving an Alzheimer’s patient who was repeatedly left unattended. That patient fell numerous times over a two-week period and soon died as a result of a fall.

While an investigation into both cases by the Oregon Department of Human Services found the charges of neglect to be substantiated, a second review resulted in a reversal of the investigators’ conclusion. Attorneys plan to challenge the finding through an appeal.

SOURCE: Nursing Home Abuse › Facility facing lawsuits for leaving patients unattended

Apparently the new rule slid under most radars, but the results have left those pursing lawsuits fighting a more difficult battle than before to prove their cases against nursing homes. The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, which helps prevent them from getting involved in private litigation without approval from the head of the Department of Health and Human Services.

Litigants now must jump through more hoops – like obtaining court orders – to get information that was once much easier to obtain, such as inspection reports. Those inspection reports can often reveal signs of abuse or neglect that the average person may not be aware of.

Proponents of the ruling say that it was necessary in order to hire new contractors to carry out activities like federal payments to providers, perform audits and oversee certification and surveys of nursing homes.

A representative from the American Health Care Association says the organization also is having difficulty getting details on how state inspectors determine penalties and citations. But, it seems, it’s the victims of potential abuse and neglect who will suffer the most.

According to a representative with the National Senior Citizens Law Center in Los Angeles, “This change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors. … Government inspectors have the right to go into nursing homes and investigate, and they learn things that residents and families otherwise could never find out.”

SOURCE: Nursing Home Abuse › New rule makes obtaining nursing home information more difficult

Now Maryland may be following suit. MSNBC reports that a bill is making its way through the house that would require nursing homes in Maryland to let people install cameras into patients rooms. The cameras would have to be purchased by the patients or their families and would not be allowed in bathrooms, according to the report.

According to the bill, the cameras could not be hidden, and a sign would hang on the door announcing that the room as being monitored. But even if staff is aware that a patient’s room is being monitored, it may serve as a deterrent against potential abuse and neglect.

The cameras would also give family members peace of mind, especially for those family members of patients who have lost the ability to speak, says Tyonja Bathgate, whose husband lives in a Maryland nursing home.

“He can no longer talk, so if something happens during the day, he can’t tell me any longer. If he wants a drink, he can’t call out,” she told MSNBC.

SOURCE: Nursing Home Abuse › Maryland may allow video surveillance of nursing home rooms

Bedsores are one of the most serious problems facing people with disabilities or the elderly who are bed ridden, use a wheelchair for mobility, or are unable to change positions without help. They can develop quickly, progress rapidly and are often difficult to heal. They are often caused by sustained pressure on the body and usually happen in areas that aren’t well padded with muscle or fat, such as the spine, tailbone, shoulder blades, hips, heels and elbows.

An autopsy listed Gerhardt’s death as caused by complications from a hip fracture and that the manner of death was an accident. Despite the ruling, the attorney general’s office continued to investigate the case.

Last week, the owner of the nursing home was found guilty of felony abuse and neglect in Gerhardt’s death. The nursing home faces a possible $5,000 fine and could be stripped of its ability to receive federal payments for health care. Sentencing is schedule for March 13.

The family of Gerhardt filed a civil suit in 2006 against the nursing home. It was settled out of court.

SOURCE: Nursing Home Abuse › Nursing home found guilty in death of man left on bedpan for 24 hours

It was DeLeon’s job to make sure Palko’s care was paid for. Instead, she went on a shopping spree, even paying cash for a new car and using Palko’s vehicle as a trade-in. Within two years, Palko was left with just $47 in her bank account and more than $55,000 in nursing home fees.

Last February, DeLeon applied for medical assistance government benefits, which led to the investigation that uncovered the theft.

”In my 18 years on the bench, I’ve never seen one with such an exorbitant amount,” District Judge David Plachko told DeLeon at her arraignment on two felony theft counts and one of theft by failure to properly handle Palko’s finances and pay for her care. While this is the largest fleecing seen by authorities there, District Attorney James Goodman said, “unfortunately, we’re starting to see cases like this, with large amounts.”

Cases of financial abuse are not uncommon among the elderly. In January, we told you about Connie Gay Cole, who conned her grandparents out of nearly a half million dollars. And then there is the story of Larry Bekis, who swindled all the money from his mother’s account leaving her in debt to the nursing home where she lived.

Safe State, a program by the California Attorney General’s Office, offers these tips to help identify the signs of elder financial abuse. Those who suspect financial abuse of a loved one should contact police.

SOURCE: Nursing Home Abuse › Another nursing home resident becomes a victim of financial abuse

Pressure sores, also known as bedsores or pressure ulcers, are areas of damaged skin and tissue that develop when sustained pressure – usually from a bed or wheelchair – cuts off circulation to parts of the body. The sores are most often found on the skin on the buttocks, hips and heels. Lack of adequate blood flow can cause tissue in the area to die. If left untreated, pressure sores can lead to serious or life threatening infections of the skin, muscle or bone.

Bledsoe urged a group of concerned citizens at a town hall meeting last week that vigilance and frequent visits can help prevent neglect.

Bledsoe’s advocacy group has continued to look out for the rights of nursing home residents. The group has lobbied for a stand-alone, long-term care facility in Oklahoma for sex offenders so they would not have to be admitted into other facilities. The group also has fought to have all allegations of abuse be reported to police for investigation, rather than just to state agencies that don’t always follow through with a formal investigation. The group also has helped garner attention for cases of abuse and neglect in nursing homes, most recently the “abuse-for-thrills” case at Good Samaritan Society nursing home in Albert Lea, Minnesota.

SOURCE: Nursing Home Abuse › Nursing home advocate says to heed warning signs of neglect, abuse

Last April, a staff member at the nursing home noticed a bump on the victim’s head. The woman was sent to the hospital where doctors discovered a significant fracture to the woman’s cervical spine. Doctors suggested the fracture, which was at the C2 vertebrae near the base of the skull, was the result of a fall or trauma days earlier that possibly caused the woman to hyper-extend and injure her neck.

The victim’s family opted not to put her through surgery. She was placed in hospice care and died 10 days later. The Minnesota Department of Health filed a report on the incident and though it could not identify the cause of the injury or the party responsible, it did rule that maltreatment lead to the woman’s injury and death.

In a letter to the state Department of Health, the home’s director asked the state to reconsider the maltreatment ruling, saying that the incident was unfortunate but that there was no substantial evidence to identify the cause of the incident. The accident, the letter said, could have easily been caused by accident rather than neglect or abuse on the part of the home.

The Minnesota Department of Health is continuing its investigation into the matter and hopes to have a resolution soon.

SOURCE: Nursing Home Abuse › Health dept rules maltreatment was cause of patient’s broken neck

This week in Framingham, Massachusetts, the Boston Herald reported that a former nursing home aide was charged with sexually molesting a 62-year-old woman at Sudbury Pines Extended Care who had recently suffered a stroke which had greatly limited her ability to speak.

Despite her condition, investigators were able to interview the woman. She was able to answer yes and no questions and point to various parts of her body. From that, investigators ascertained that nursing aide Kofi Agana reportedly walked into the room of the victim while she was awake and her roommate asleep, and closed the door nearly all the way. He then rubbed the woman’s breasts and pinned her arms down as he touched her genital area. Agana was accused of assaulting the nursing home resident. He pled not guilty and is being held on $500 bond. He also was fired from the facility where he had worked since August.

In the same week just states away, 2 News TV reported that a Nampa, Idaho, man was arrested for sexually assaulting a mentally disabled resident of an assisted living facility where he worked as a case worker.

The accused, Thomas Hamlin, was arrested and charged with sexual abuse or exploitation of a vulnerable adult. The victim is reportedly in her 50s. The name of the assisted living facility where the incident occurred is not known, though reports say the incident occurred within the past few months.

SOURCE: Nursing Home Abuse › Sexual abuse reported at nursing homes, assisted living facilities

Which makes Wentworth’s death even more mind-boggling. She was found dead Feb. 5 outside in the nursing home’s courtyard wearing nothing but a hospital gown, according to the Chicago Tribune. Investigators say she must have been outside about 90 minutes before she was found. But that was plenty of time for the elderly woman to freeze to death.

Wentworth’s family is understandably distraught as they deal with the unfathomable way the elderly woman died. In an effort to find answers and justice, the family has filed a lawsuit alleging neglect and abuse on the part of The Arbor of Itasca nursing home.

Unfortunately, these sad cases of nursing home residents wandering outdoors and perishing in the cold, winter temperatures is not uncommon. In December we told you the story of a 95-year-old Missouri woman, Fannie Mae Rooks, who wandered outdoors in the early morning of Christmas eve. It was between 36 and 40 degrees outside and a light rain was falling. By the time she was found, it was too late. Investigators in that case believe the weather contributed to her death.

In both cases, no criminal charges have yet been filed, but Wentworth’s family members hope justice is served and their mother’s death vindicated.

SOURCE: Nursing Home Abuse › Illinois woman freezes to death outside nursing home

Last fall, Thelma Bryant was a resident at Kane Glen Hazel nursing home in Pittsburgh when nursing home employees alerted officials that they had seen fellow employees on several occasions hit Bryant in the head, strike her in the chest with an elbow, throw oranges at her, stomp her feet and cuss at her. An investigation led to the arrests and firing of five employees.

Danielle Taylor, Shelly Keene and Karen Perry were charged with aggravated assault. Shalaya Hatten was charged with simple assault and neglect of a care-dependent person. And Mary Ann Bower was charged with summary harassment. Bower is the licensed practical nurse in charge of the nursing aides. Other nursing home staff members told officials they had seen Bower throw objects at Bryant and pour water over her head.

This week, charges were withdrawn against Taylor after the district attorney’s office said there wasn’t enough evidence to build a case against her. The court heard testimony from four other nursing home employees who witnessed the abuse those charged with the crime inflicted on Bryant. As a result Keene, Hatten and Perry will stand trail. Bower, the nursing supervisor, is still awaiting her preliminary hearing.

There is no explanation why Bryant was singled out by her abusers. Allegheny County executive Dan Onorato released a statement about the incident saying he was “incensed by the alleged actions by these five individuals…. We will absolutely not tolerate any level of disrespect, neglect or mistreatment of Kane Center residents.”

SOURCE: Nursing Home Abuse › Three to stand trail in Kane Glen Hazel abuse case

Three deaths that occurred in three weeks on the same floor of the 240-bed home for the developmentally disabled have raised the suspicions of Nebraska Advocacy Group. “This demands an immediate response, not a promise to do something in the future. They’ve had a history of un-kept promises,” Nebraska Advocacy Group litigation director Bruce Mason told the newspaper.

The group sent a letter last week to state leaders including Gov. Dave Heineman. They have yet to get an answer. In the letter, the group recommended that the state make arrangements to have residents treated at Omaha hospitals or by medical professionals.

The Gage County Attorney’s office is investigating the three deaths for any criminal wrongdoing. But the advocacy group wants the investigation to go further. The group wants to know a cause of death and establish liability in hopes of preventing more deaths in the future.

A U.S. Justice Department investigation revealed that about 200 cases of abuse and neglect have been reported at the Beatrice home since 2006. It concluded that the center had a “cultural undercurrent that betrays human decency at the most fundamental levels.”

The problems at the state-run home now put Nebraska in jeopardy of losing its certification and thus $29 million in federal funding. To keep the federal government from pulling the certification, the state appealed the feds decision. A ruling is expected this summer. Meantime, Gov. Heineman is proposing spending $17 million to improve problems areas at the center and get it back up to par so that keep the federal funds.

If the home loses its funding, state officials may role to shut the center down all together.

SOURCE: Nursing Home Abuse › Advocacy group demands answers from state

The single-story building burned so quickly that it was entirely engulfed in flames by the time fire fighters arrived. The cause of the fire has yet to be determined but many are beginning to suspect the 45-year-old building’s poor infrastructure and the gross negligence of a nursing home manager, who had been fined several times prior to the fires for neglecting fire safety rules. For one, he was repeatedly told to install smoke detectors but never did. The home’s staff also reportedly left residents unattended at night.

Russia has been plagued with fire deaths in recent years. In 2008 alone, more than 15,000 people died in fires – five times more than in the U.S. And thus far in 2009, 2,000 Russians have perished in fires. Over the past two years, at least six Russian orphanages, nursing homes and schools have caught fire, killing more than 100 people.

The country is populated by numerous aging buildings with weakened infrastructures and outdated electrical systems, making the buildings unsafe. Inadequate and dysfunctional fire fighting equipment makes fighting the fires difficult. That paired with social issues such as high rates of smoking and alcohol abuse have only exasperated the problem, according to the story.

Critics say the government would rather focus on defense spending, security services and “showy displays of the country’s military,” according to the story. Perhaps the biggest problem, says Boris Nemtsov, a member of congress and former Russian Deputy Prime Minister, is the government’s indifference to its own people.

SOURCE: Nursing Home Abuse › Russian nursing home fire kills 23, proves fire safety lax in country

The police launched an investigation at the home, interviewing everyone there who had contact with Asher. It was only then that the staff director admitted to wrong doing – she had burned him with hot water. That admission led to the arrest of Seijdra Eribo on suspicion of felony injury of a disabled person causing severe bodily injury, according to the report.

A spokesperson with Medical Case Management said the company performed a routine criminal background check on Eribo before she was hired in 2007. She began work at the home as a nursing aide. The company fired Eribo for not fully cooperating with the investigation.

The home has not received any disciplinary action by state regulators in the past, and doesn’t plan to make any changes in the future as the home, he said, followed followed state regulations. “It bothers us. It really bothers me if she did it,” said Robert Taylor, program director for Medical Case Management.

Asher’s family still cries when they think about the burns their son sustained while at the nursing home. “That house should not be open for business,” said Asher’s sister Katrina, to CBS11 TV.

SOURCE: Nursing Home Abuse › Nursing aide arrested for burning disabled man

Washburn was working as marketing and admissions coordinator at Montrose when she spotted a coworker chiding a resident who was in a wheelchair. The worker, who had been with the facility 11 years, called the resident pathetic, reducing the patient to tears. Washburn reported the incident to the nursing home administrator, David Payne, but days later when he didn’t take action, Washburn took the matter into her own hands, calling state authorities to report the incident.

After all, it is state law to report suspected abuse. The “mandatory-reporter” law, which states that it is a crime for employees not to report cases of suspected dependent-adult abuse, exists in 45 states.

Washburn went one step further. She talked to coworker Tammy Hopp and encouraged her to tell the inspector everything she saw during the incident of abuse. But when Hopp met with inspectors she did not fully disclose the details, choosing instead to protect her coworkers. As a result of Hopp’s testimony, the abuse was ruled unfounded. And shortly thereafter, Hopp was promoted and Washburn was sent packing.

Washburn’s firing was not based on her reporting the incident of abuse, contends Payne. He says she was let go because, by coercing Hopp, she interfered with a government investigation.

Hopp has since testified under oath that she downplayed the incident to state authorities. The Iowa Department of Inspections and Appeals has reopened the case.

SOURCE: Nursing Home Abuse › Nursing home worker fired after reporting abuse

Sloan gradually began to hear the truth. CNA Karen Buck had hit and slapped Talbott numerous times in the face causing a black eye and two other facial bruises after Talbott spit at her. Sloan contends that Buck caused her mother pain while putting stockings on her sore feet.

The executive director of Williamsburg Village, now known as Golden Living Center, issued a statement saying that the nursing home had reported the situation to authorities and that the incident had been fully investigated by the state, the ombudsman, the police and the attorney general’s office. The statement claimed, “After the investigations were concluded, the alleged abuse was not substantiated, and the prosecutor has declined to pursue the case.”

However the prosecutor’s office did charge Buck with felony battery resulting in bodily injury. Battery becomes a felony offense when the victim is, among other things, an endangered adult, as was Talbott, who moved into the nursing home after suffering a stroke.

Talbott died less than three months later. Attorneys hired to represent Talbott’s estate claim that the brutal and savage assault and beating Talbott suffered at the hands of Buck, and the nursing home’s negligence, resulted in serious complications that ultimately led to Talbott’s wrongful death.

Golden Living Center has a four-star rating by the federal government, which his based on inspections, staffing levels and quality measurements.

SOURCE: Nursing Home Abuse › CNA punches, slaps nursing home patient in face

Broitzman and Larson are charged with abusing seven nursing home residents at the Good Samaritan Society. As many as 15 residents were abused and each had a previous diagnosis of dementia or Alzheimer’s Disease. A total of six aides were charged in the crime, but only Broitzman and Larson were charged as adults, as the other aides were juveniles when the crimes occurred.

Broitzman is charged with 11 gross misdemeanors and Larson faces 10 for fifth-degree assault, physical and sexual abuse of vulnerable adults, disorderly conduct by a caregiver and failing to report suspected abuse, according to the Star Tribune/Associated Press. The abuse involved aides allegedly holding down residents, putting their fingers in residents’ mouths and noses to quiet their cries and screams, hitting and rubbing their breasts and genitals, and sexually “humping” some residents. A coworker said the aides called the abuse “work fun or to get a good laugh.”

Among the four juveniles charged, one pleaded guilty to failing to report the alleged abuse and three others pleaded not guilty.

Because the crimes Broitzman and Larson are charged with are considered gross misdemeanors, the aides will likely face suspended jail sentences and probation.

SOURCE: Nursing Home Abuse › Albert Lea abusers meet with judge, enter pleas

Connie’s grandparents, James and Anne Morgan, had saved nearly $500,000 for their care as they aged. The two moved into a retirement community in 2005 and had turned over power of attorney to their granddaughter. Anne suffered from dementia, and James, who had received a brain injury a few years earlier, was kept heavily medicated by his granddaughter. Connie charged her grandparents $7,000 per month to care for them, though other family members said that care was less than adequate.

During that time Connie had squandered her grandparents’ money away on cars, boats and gambling trips, often lying to her grandparents to get more money. As the funds in their bank accounts began to dwindle, family members began to get suspicious. They moved the Morgans into an assisted living facility, where their social security checks and the state could pay for their care. And they alerted police. When investigators talked with James and Anne, the Morgans defended their granddaughter. But the paper trail was already laid. Connie is now serving time in jail for embezzlement.

The Morgans are just one example of how the elderly are taken advantage of by friends, family and even strangers. Bryan Brock, a deputy district attorney in Clackamas County, says he has seen a dramatic rise in financial abuse among the elderly. Five years ago he used to see only two cases of a year. Now he sees about a dozen per year.

Families of the elderly who suspect financial abuse are advised to contact police with their concerns.

SOURCE: Nursing Home Abuse › Woman jailed for embezzling from grandparents

The members of the group share a terrible connection – each had a family member who was abused by a group of nursing aides at Good Samaritan Society in Albert Lea. The victims were all cognitively impaired and were subjected to abuse that included being held down, having aides’ fingers and hands over their mouths and noses to quiet their cries and screams, having their breasts and genitals rubbed and hit, and being sexually “humped” by nursing aides. A coworker who told investigators she was aware of the heinous acts said the nursing aides called the abuse “work fun or to get a good laugh.”

The group’s members were first brought together when watchdog group A Perfect Cause founder Wes Bledsoe came to Albert Lea last month to talk with family members. Bledsoe has since been called on again by the group, which spurred a second trip by the activist.

Six aides have been charged in the crime. Two of the aides – 19-year-old Brianna Broitzman and 18-year-old Ashton Larson – are charged as adults and face various charges including assault, abuse of a vulnerable adult by a caregiver, and abuse of a vulnerable adult with sexual contact. Members of the group are outraged that the charges the two aides face are considered gross misdemeanors, and the aides will likely face suspended jail sentences and probation. The group is gathering documentation for Bledsoe in hopes he can help in the fight for justice for the victims of the Albert Lea case.

Broitzman and Larson have arraignments scheduled for later this week.

SOURCE: Nursing Home Abuse › Albert Lea victims family members form support group

The town of Albert Lea was rocked last year when an investigation revealed that six nursing home aides at Good Samaritan Society were charged in connection to disturbing cases of abuse on patients who suffered from diseases that affect memory and cognition. A coworker told authorities that she had seen the aides holding down residents, putting their fingers in residents’ mouths and noses to quiet their cries and screams for help, hitting and rubbing their breasts and genitals, and sexually “humping” some residents. The coworker said the aides called the abuse “work fun or to get a good laugh.”

Two of the aides – 19-year-old Brianna Broitzman and 18-year-old Ashton Larson – were charged as adults and face various charges including assault, abuse of a vulnerable adult by a caregiver, and abuse of a vulnerable adult with sexual contact.

Bledsoe held a press conference and town hall meeting last month in Albert Lea. He says his return visit this week is in response to several family members of victims who have contacting him asking for guidance.

A Perfect Cause is a victim’s advocacy organization that fights “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”

SOURCE: Nursing Home Abuse › Watchdog group founder plans second visit to Albert Lea

Last week, Riems entered an Alford plea to four counts of sexual battery and one count of gross sexual imposition. According to AP, an Alford plea is one in which the defendant does not plead guilty but does admit there is enough evidence against him for a conviction. Riems was sentenced Friday to 12 ½ years in prison.

According to earlier reports from Fox News/AP, Riems was accused of raping and assaulting a paralyzed patient. Coworkers reportedly complained nursing home management that he had a temper and had verbally abused patients. One former coworker of Riems said she saw him go into patients’ rooms for long periods of time. When questioned what he was doing in the rooms for so long, he would say “This is none of your business,” according to Fox News/AP.

Riems was videotaped last year admitting that he had abused about 100 patients at nursing homes since the 1980s. His attorney argued that the testimony was coerced and fought to keep the videotape out of trial. The judge ordered that the tape would be allowed in court, which led to Riems’ plea agreement just days before he was to stand trial.

The sentencing offers some closure for the heartbroken family members of the victims. ”I don’t think that anyone knows the hurt and the anger that I am holding for you,” AP reported Bilgen saying to Riems during the sentencing hearing. “It’s something that I will never forgive you for.”

SOURCE: Nursing Home Abuse › Ohio man sentenced for sexual abuse of nursing home patients

Bixby police arrested Marshall and charged him with making a lewd proposal and sexual battery. He was transported to Tulsa jail where he was held on $27,000 bond. He was released Saturday.

“There might be nothing to this, but we felt the authorities must make that call,” said Scott Pilgrim, the nursing home owner. “Because our resident safety and well being is what we stand for, we took this action.”

Cases of nursing home abuse and neglect are not uncommon. In Oklahoma alone, for the fiscal year ending June 30, 2008, the Oklahoma Department of Human Services recorded 160 referrals of abuse, neglect or exploitation. Forty-four – or 70 cases – were verified by caseworkers, according to a related story on Tulsa television station Fox23.

Wes Bledsoe with the advocacy group A Perfect Cause who spoke with a reporter about the case says that the nurse who walked in on Marshall did the right thing, adding that all cases of suspected of abuse or neglect of nursing home patients should be immediately reported to law enforcement and the state Department of Health.

SOURCE: Nursing Home Abuse › Oklahoma man accused of sexually abusing nursing home patient

If Winchester Centre loses its contract, the home will stop receiving Medicare and Medicaid payments from the federal government and will no longer be certified to care for patients receiving those services. In that event, patients at the home would then be transferred to certified nursing homes, which may result in the closing of Winchester Centre. Officials say they are unsure what will happen to Winchester Centre and that other options besides closing are available, such as bringing in a new group of professionals to run the nursing home and incurring daily fines until specific citations are resolved.

Currently, 166 patients reside in the 183-bed facility. The home offers skilled nursing and rehabilitative care as well as a special unit for patients with dementia. Central Kentucky already has lost 400 Medicaid beds for nursing home patients, said Gannoe. “It’s a disaster for Central Kentucky,” she says.

SOURCE: Nursing Home Abuse › Kentucky nursing home facing most serious citation

The Canadian Health Department, which investigated 73 reports filed under the Protection of Persons in Care Act, legislation that was passed and put into practice more than a year ago, qualified 30 of those reports. No details of the types of abuse were identified, but officials said that more than half of those cases were of physical or physical and emotional abuse.

“We know the staff-patient ratio are in some cases unacceptable. There are too many patients with very high needs for the number of staff on a shift,” said Maureen MacDonald, a New Democrat member of the legislature who was quoted in the story.

Health Department director of monitoring and evaluation Donna Dill said that most of the abuse cases reported were not serious physical harm. She says most of the time staff didn’t realize they were abusing patients. “We need to work with them so they can understand what abuse is,” Dill told the news service. Only a few of the cases resulted in staff firings, she said. Most are handled through disciplinary measures and training.

The Nova Scotia Association of Health Organizations, which represents most of the area’s nursing homes, released a statement saying it is working to create abuse-free environments and is working with its members to create anti-abuse policies and procedures.

SOURCE: Nursing Home Abuse › Canada nursing home abuses linked to understaffing

The report was released last month and is based on the outcome of a February inspection and interviews at the nursing home. It alleges that the home had “inadequate nutritional and hydration services; improper and dangerous psychotropic medication practices; inadequate pressure-sore treatment and skin care; inadequate restorative care and specialized rehabilitation services; failure to protect residents from harm due to falls; failure to adequately investigate allegations of resident abuse; and the inappropriate use of restraints.”

Veterans Affairs Department spokesman Bob Horton says nursing home administrators and state officials were first made aware of the allegations when they received the report last month.

“If the citations in the report were so severe, you would think the department would have been notified sooner, if there was any potential of veterans being harmed or a risk of harm,” Horton told the Press Register reporter.

The Justice Department said the delay was typical and due to heavy paperwork following an onsite visit. The department has yet to issue penalties to the home based on the report, adding that it is likely a settlement will be reached between the Justice Department and the home, eliminating the need for a lawsuit.

SOURCE: Nursing Home Abuse › Veterans home cited for putting residents at risk of harm

The nursing home claimed she had not paid her bill in months, and they had no choice but to discharge her. With no family to call on, nursing home officials dropped her off at the next best place they could think of, the hospital emergency room. Later that evening, Ko was taken to Aiea respite home for temporary care.

“I wish someone (at the nursing home) had the courage to tell me what was going on,” Ko told the newspaper reporter.

A Hawaii state agency determined that that no abuse had occurred because the nursing home had dropped Ko off at a safe place, a hospital. However, the Department of Human Services called the drop-off inappropriate, and said it would refer the case to the Department of Health.

Nu’uano Hale is rated as “poor” on a new rating system recently unveiled by the federal government, earning one star out of a possible five.

Ko is in a situation referred to by officials as the“gap group.”  Her personal finances did not allow her to qualify for Medicaid but she earned too little from Social Security and an annuity to cover nursing home costs.

“We will likely see more people needing assistance,” says Anne Holton, a long-term-care ombudsman specialist with the Hawaii Executive Office on Aging. “With the boomers coming up, there’s going to be a whole new tide of people looking at that.”

SOURCE: Nursing Home Abuse › Nursing home resident discharged, dropped off at ER

The story first broke in May with reports that investigators were looking into allegations of abuse at the nursing home. By August, the details began to be revealed. An employee at the nursing home told facility authorities that she was aware that other aides in the home were holding down residents, putting their fingers in residents’ mouths and noses to quiet their cries and screams for help, hitting and rubbing their breasts and genitals, and sexually “humping” some residents. She said the aides called the abuse “work fun or to get a good laugh.”

The laughter ended for those who engaged in the abuse when the story came to light. In total, six former certified nursing aides at Good Samaritan Society were arrested – two are charged as adults. The remaining four are charged as juveniles as they were younger than 18 at the time of the incidents. All six face gross misdemeanor charges in the alleged abuse of 15 cognitively impaired residents.

Details of the abuse radiated through the country, garnering attention from national media, including the “Today” show on NBC. The story also drew the attention of A Perfect Cause, a national watchdog group dedicated to ending “needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”.

“The story will continue to reverberate in 2009 as the wheels of the legal system move,” the news story continues.

SOURCE: Nursing Home Abuse › ‘Abuse-for-thrills’ case top 2008 news story in Albert Lea

Five days later, the same woman was found lying in her bed naked while Chandler sexually abused her. When the nursing aide found Chandler he asked the nursing aide not to tell authorities. Meanwhile, his victim cried hysterically. For months after the incident, the woman refused to eat and would have crying episodes.

Chandler was charged with first-degree sexual abuse and unlawful sexual penetration for the alleged molestation of the woman. A judge found him unfit to stand trial and committed him to a mental health unit.

The lawsuit, filed Monday against Healthcare at Foster Creek, alleges that the nursing home failed to protect one of its most vulnerable residents. The lawsuit also contends that 38 complaints of abuse or neglect were substantiated at the home between 2004 and 2008.

Nursing home administer Bill Swanson, who came to Foster Creek three months before the sexual abuse incident, says he is aware of the nursing home’s troubled past but he and a new management company are working to change things for the better.

SOURCE: Nursing Home Abuse › Nursing home faces $2 million lawsuit for sex abuse incident

On Nov. 24, 2006, just two days after arriving at the nursing home, Earll suffered a horrendous fall while staff was attempting to transfer her to the bathroom. She sustained injuries to her right elbow, forehead and cervical spine, and fractured her newly replaced hip. Five days later, Earll’s hip incision became infected and staff sent Earll to Internal Medicine Associates. Nurse practitioner Pamela Barr did not take x-rays. Instead, she arranged for Earll to see an orthopedic surgeon nearly two weeks later.

The next day, Earll’s niece Melody Lucero, distressed from the pain her aunt was experiencing, ordered the nursing home to transfer her aunt to the emergency room at Great Plains Regional Medical Center. There, doctors found Earll’s hip was fractured in three places. Lucero says the injuries her aunt sustained have left her dependent on a wheelchair for mobility for the rest of her life. She wants someone to pay for the pain they caused her aunt.

Lucero filed a lawsuit on her aunt’s behalf against North Platte Care Centre, now known as Premier Estates, and its parent company, The Boyle Company Inc., and Davbo Co. LLC. The suit also names the nurse practitioner at Internal Medicine Associates. The suit contends that North Platte Care Centre had conscious disregard for Earll’s rights and safety, arguing that the staff was underqualified and untrained and that the home was chronically understaffed.

SOURCE: Nursing Home Abuse › Niece files lawsuit on behalf of aunt injured at nursing home

Kane Glen Hazel, located in Pittsburgh’s Glen Hazel neighborhood, is run by Kane Regional Hospital. An investigation into the alleged incidents there resulted in the firing of five employees, and charges of aggravated assault and neglect of a care dependant have been filed against the suspects.

The investigation began in October, spurred by concerns from other employees. Officials relied on testimony from coworkers who had witnessed the abuse on several occasions from the five different former employees. Danielle Taylor, Shelly Keene and Karen Perry were charged with aggravated assault. Shalaya Hatten was charged with simple assault and neglect of a care dependent person. Mary Ann Bower was charged with summary harassment. She is the licensed practical nurse in charge of the nursing aides. She reportedly was seen throwing objects at Bryant and pouring water over her head.

Arrests were made in late November. Preliminary hearings have been scheduled for Jan. 5 for all but one of the suspects. No hearing has yet been set for Bower.

There is no explanation why Bryant was singled out for the abuse. Allegheny County executive Dan Onorato released a statement about the horrendous incident: “The care and safety of the residents is of paramount importance. I am incensed by the alleged actions of these five individuals. … We will absolutely not tolerate any level of disrespect, neglect or mistreatment of Kane Center residents.”

SOURCE: Nursing Home Abuse › Five employees fired, charged in abuse of elderly woman

After discovering numerous bruises all over her body, the family of resident Armeda Thomas hid a video camera in her Madison Manor room. For three weeks they recorded nursing assistants physically abusing and taunting Thomas and failing to feed and clean her, according to state records. In one instance, a nursing aide was seen dancing in front of Thomas while another staff member held the resident’s arms.

The video tape showed several nursing assistants partaking in the physical abuse of Thomas. Extendicare, the Wisconsin company that owns Madison Manor, fired nine nursing assistants, made staff changes, and set up a retraining program for staff as a result of the videotape. “We do not condone this kind of behavior,” said a spokesperson for Extendicare in the report.

A spokesperson for the attorney general’s office says the investigation is ongoing and additional charges could result. The home also was cited by the Cabinet for Health and Family Services, threatening its Medicaid certification. The state later issued a statement saying that the nursing home’s management had taken steps to correct the problems.

Thomas’ family members moved Thomas home after seeing the tapes. She died last month after complications from Alzheimer’s disease.

SOURCE: Nursing Home Abuse › Nursing home aide shocked by wanton neglect charge

Working off of a grant from the Kansas Department of Aging, researchers trained staff at three Kansas nursing homes on what sexuality means to older adults, identifying barriers to fulfilling the sexual needs, finding strategies to help residents and how to discern appropriate from inappropriate sexual behaviors. That includes identifying the root of the patients’ needs – be it sexual desire or simply loneliness – and also understanding if a sexual overture or relationship involves abuse or is borne of real need.

“It wasn’t like we hadn’t cared for these needs in the past, but it was liberating to some folks to have an open discussion with university researchers,” says Lillian Claassen, vice president of health services at one of the homes that received training. “It empowered people to think about how they could help folks.”

Advocates say that sex education in nursing homes will become more important as more baby boomers age and need skilled care. The researchers say that guidelines need to be in place to ensure that sexuality in nursing homes is dealt with in a positive way.

“The ultimate goal should be to value the desires and needs of people who have lived long, productive lives and do not forfeit their rights simply because they have aged,” says Robin Dessel, a national expert on dementia, in the report.

SOURCE: Nursing Home Abuse › Sexual intimacy among residents not unusual in nursing homes

“What they did was awful. My mother-in-law tried to tell us … she did everything to keep people away — biting, hitting, striking out,” she was reported as saying in a story by the Star Tribune. “Somebody needs to stand up for our moms and grandparents.”

The abuse is part of a investigation into the “attacks-for-thrills” case where six nursing home aides were accused of abusing cognitively impaired residents at Good Samaritan Society for on-the-job entertainment. According to prosecutors, the aides held down residents, put their fingers in residents’ mouths and noses to quiet their cries and screams for help, hit and rubbed their breasts and genitals, and sexually “humped” some residents.

Two of the accused – 19-year-old Brianna Broitzman and 18-year-old Ashton Larson – are charged as adults with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct, and failure to report suspected maltreatment. All are gross misdemeanors. Four other aides, all charged as juveniles, are charged with not reporting the suspected abuse. The Freeborn County Attorney says Broitzman and Larson will likely face suspended jail sentences and probation, which family members think is an outrage.

A family member, who is not named, contacted Wes Bledsoe, president and founder of A Perfect Cause, a watchdog group that fights “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.” Bledsoe came to Albert Lea to organize a town hall meeting, which was preceded by the press conference. At the gathering, Bledsoe denounced the county attorney who filed the charges, Good Samaritan, and the Minnesota State Health Department. Bledsoe argued that had the two women charged with the crimes been men, they would be facing much more serious felony charges instead of misdemeanors.

“They thought they could get away with it, because the residents had dementia, couldn’t speak up for themselves. Well, if they are guilty, maybe they will get away with a slap on the wrists,” the Star Tribune quoted Bledsoe.

SOURCE: Nursing Home Abuse › Families, advocate speak out at Albert Lea town hall meeting

The family members raised concerns of their aunt’s welfare, and questioned the choices of a third niece, who had power of attorney over the aunt. It was she who placed the elderly woman at Bissell Hospital.

After communicating by e-mail with the hospital, the two nieces in late July released the DVD evidence to the Delaware Division of Long Term Care Resident Protection. The agency inspects the 46 skilled nursing homes and four intermediate-care facilities and oversees licensing, conducts criminal background checks, enforces regulations and monitors the welfare of nursing-home patients.

Shortly thereafter, all three nieces were banned from the facility until mediation of a public guardian. The guardian requested the elderly woman be moved to another facility. The move was approved and is planned to take place in January.

The investigation resulted in the firing of three employees and the suspension without pay of two others. Four of the five employees also have been placed on the state’s Adult Abuse Registry, a list of caregivers who have been accused of abuse. Three of those employees are appealing to be removed from that list. There are 246 people on that list and 25 are pending appeal.

The Delaware Attorney General’s Office did not say why it will not prosecute the caregivers in this case.

SOURCE: Nursing Home Abuse › No charges filed against caregivers who abused ailing aunt

Brianna Marie Broitzman, 19, and Ashton Michelle Larson, 18, are charged with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct, and failure to report suspected maltreatment. Broitzman and Larson are face up to a year in jail and $3,000 fine if convicted.

Prosecutors say that the women held down residents, put their fingers in residents’ mouths and noses to quiet their cries for help, hit and rubbed their breasts and genitals, and sexually “humped” some residents. The aides called the humiliating abuse, “work fun to get a good laugh,” according to reports.

Four other teenaged employees have been charged in juvenile court for failing to report the abuse.

State health department investigators reviewed the medical files of all patients who were suspected of being abused, and made personal visits to the 12 survivors. All 15 patients had some form of cognitive disorder, including Alzheimer’s disease and dementia. Many were physically disabled and almost all required assistance with activities of daily living.

Minnesota health officials told the Associated Press this week that abuse in nursing homes is rare. However, this week the department reported another case of alleged sexual, emotional and physical abuse of six resident by a nurse’s aide at a nursing home in Montevideo, Minn. The employee, who was fired, denies the allegations. Authorities say that it is unlikely the nurse’s aide will be charged as the patients suffer from cognitive disorders that limit their ability to testify.

Albert Lea has a population of 20,000. With 240 employees, Good Samaritan Society is one of the town’s largest employers.

SOURCE: Nursing Home Abuse › Three victims deceased in Albert Lea ‘abuse-for-thrills’ case

Chmura had scooped the ice from the ice bin at By the Lake senior assisted living facility she owns in Hayden, Idaho. She immediately had a suspect in mind – a disgruntled employee who had just joined two other employees in a walkout to protest of a firing of two employees three days prior, according to The Seattle Times.

“I won’t put up with this crap,” Chmura told the newspaper. Chmura opened the facility two years ago.

Chmura contacted Kootenai County officials and informed them of the urine-in-the-bin incident as well as suspected theft and fraud by the former employees. The facility owner accused the former employees of stealing money and prescription drugs from the assisted living center, including OxyContin and hydrocodone. She claims the three made more than $10,000 in credit card purchases for personal items such as groceries and gift cards, restaurant dinners and theater tickets.

She told police that before the walkout, the employees woke up residents and told them the assisted living center was closing and that all employees had been fired.

Chmura is part of an advocacy group that fights for stronger laws against those who abuse and neglect vulnerable adults. The group is credited with triggering the 2005 state legislation that made abusing the elderly a felony instead of a misdemeanor.

SOURCE: Nursing Home Abuse › Disgruntled employee accused of putting urine in ice bin

Wes Bledsoe, president and founder of A Perfect Cause, arrives Thursday and will host a town hall meeting addressing the abuse at Good Samaritan Society. A Perfect Cause is a victim’s advocacy organization that fights “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”

According to prosecutors, the nursing aides held down residents, put their fingers in residents’ mouths and noses to quiet their cries and screams, hit and rubbed their breasts and genitals, and sexually “humped” some residents. The aides allegedly called the abuse “work fun or to get a good laugh.”

But it was no laughing matter. The adults in the case, 19-year-old Brianna Broitzman and 18-year-old Ashton Larson, are charged with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failure to report suspected maltreatment. All are gross misdemeanors. The Freeborn County Attorney says they will likely face suspended jail sentences and probation.

The abuse reportedly began early this year and lasted for several months. Three of the 15 residents have died and the others cannot be interviewed by investigators because they suffer from diseases that affect memory and cognition.

Bledsoe said the reports of recreational abuse at the nursing home disturbed him, but did not surprise him. “Where is the moral compass of these employees?” He posed in the newspaper story.

SOURCE: Nursing Home Abuse › Watchdog group holds town hall meetings in Albert Lea

The violent acts are hard to fathom. Corey Austin, a certified nursing aide (CNA), was convicted of using racial epithets and attacking a patient by assisting another staff member in taking the patient back to his room and then repeatedly pushing the patient onto the floor. Austin then allegedly pinned the patient to the bed with his knee. Austin, who will be sentenced in January, faces a two-year sentence.

Those charged with crimes against the elderly include CNA Patricia Penman, who is accused of slapping a 100-year-old patient in the face. The patient has dementia and physical disabilities that left her unable to defend herself. Penman is charged with endangering the welfare of an incompetent or physically disabled person and willful violations of health laws, according to the news report.

CNA Jeffrey Perry was charged with the same offense stemming from a late August incident in which he tied a patient with dementia to a chair for two consecutive nights. Licensed practical nurse Jeanette Sovereign found the patient alone in his room and is accused of knowing about the abusive act but not reporting it to proper authorities.

SOURCE: Nursing Home Abuse › Cuomo continues to investigate nursing home abuse, neglect

When Whalen learned that his friend’s death was being investigated, he assumed it was protocol for all nursing home deaths to be investigated by coroners. However, nursing homes in Illinois are not required to report deaths of patients in their care to the coroner’s office. Doing so would enable the coroner to investigate the deaths for possible abuse or neglect.

Morgan County coroner Jeff Lair has made investigating all deaths that occur in nursing homes in his county a policy, and believes a law should be passed so that all nursing homes in his state must report patient deaths to their local coroners.

Only the states of Arkansas and Missouri require nursing homes to report patient deaths for potential investigation. This law spurred the Illinois Department of Public Health to enact a year-long pilot project in 10 Illinois counties – including Lair’s – where all nursing home deaths were reported to coroners. The pilot project was completed last summer. During that time, 3, 669 nursing home deaths were investigated and in eight of those, coroners reported suspicious circumstances surrounding the deaths.

Despite the results, it is unlikely a law will be passed in Illinois requiring nursing homes in the state to report patient deaths. The public health department said legislation would have to be spearheaded by the Illinois Coroners and Medical Examiners Association. And that association said the results just simply were not sizeable enough and likely the law would not come with much-needed funding to carry out the practice statewide.

SOURCE: Nursing Home Abuse › Pilot project has coroners investigate all nursing home deaths

The employee is accused of calling residents names such as “crack head,” cursing at them, borrowing money from then and even selling food to them from her nearby apartment. She berated residents for sitting down for meals at the wrong time and was described by residents as “rude and loud.”

An investigation by state inspectors led to the firing of the allegedly abusive employee.

Unlike most assisted living residents, many of the residents of Caring and Sharing Home for Adults require state grants to cover living costs above and beyond what their social security covers. Not only are several residents considered poor, many suffer from mental disabilities, making them easy targets for abuse.

The state would not give an overall assessment on the status of the home and a representative from the facility refused to comment.

Steve Lambert with the social services division of licensing programs said the downsizing of the state’s mental health facilities has left more mentally ill people with fewer choices in treatment homes. “These residents are finding themselves in these facilities,” Lambert was quoted in the story, “and unfortunately they (the facilities) are probably less equipped to handle the range of disabilities, and they don’t have sufficient financial resources to meet these needs.”

SOURCE: Nursing Home Abuse › Assisted living employee fired for verbal abuse

When we first brought you this story in August, only four aides had been charged in the case that has horrified family members of the suspects’ victims. A coworker revealed to the nursing home that she was aware of the accused aides allegedly holding down residents, putting their fingers in residents’ mouths and noses to quiet their cries and screams, hitting and rubbing their breasts and genitals, and sexually “humping” some residents. The aides called the abuse “work fun or to get a good laugh.”

But it was no laughing matter. The adults in the case, 19-year-old Brianna Broitzman and 18-year-old Ashton Larson, are charged with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failure to report suspected maltreatment. All are gross misdemeanors. The Freeborn County Attorney says they will likely face suspended jail sentences and probation.

The abuse apparently began early this year and lasted for several months. Family members were told in May that something had occurred but did not get details until August. Three of the 15 residents have died and the others cannot be interviewed by investigators because they suffer from diseases that affect memory and cognition.

SOURCE: Nursing Home Abuse › Nursing home aides face serious charges in abuse-for-thrills case

“We were just so desperate to know the truth and for other people to know the truth,” said Armeda’s granddaughter, Deborah Hamilton in a story in the Lexington Herald-Leader. “Almost everyone has a relative who gets care in a facility. You want to be able to go to sleep at night knowing that your loved one is well cared for and not scared.”

What the video tape revealed was heartbreaking – Armeda was helpless as nursing assistants physically abused and taunted her – pulling her from the bed by her wrists and neck – and even failed to feed and clean her. The tape resulted in an investigation into “injuries of unknown origin” on a total of 17 residents who, like Armeda, were cognitively impaired. That investigation led to a citation by the Kentucky Cabinet for Health and Family Services against Madison Manor for not adequately investigating the patients’ injuries.

Armeda’s family moved her home. She died on Nov. 7.

The district ombudsman said she has received 17 complaints about Madison Manor this year and as a result has opened 11 cases.

SOURCE: Nursing Home Abuse › Family secretly video tapes abuse of nursing home resident

The doctor said he routinely sees patients from Grand Park Care Center on the verge of death with serious conditions ranging from acute kidney problems, severe pneumonia and malnutrition. He said the conditions indicate neglect by caregivers.

Inspection reports obtained by the television station from the D.C. Department of Health from February and May 2008, reveal numerous deficiencies including failure of nursing staff to notify a physician of a resident’s dehydration, and weight changes and anemia of a resident. According to Jerry Kasunic, D.C. long-term care ombudsman, his staff has filed more than 100 complaints with the Department of Health.

“The neglect and abuse we have seen there is unattended wound care (and) dehydration that has led to malnutrition,” Kasunic said in the report. He specifically reference a recent care where one man from the home entered the hospital critically malnourished. It was obvious to Kasunic that the patient, who was unable to communicate, had received no fluids of any kind.

The nursing home issued a statement saying it is committed to quality improvement and has since hired a new director of nursing and a compliance officer.

Both Kasunic and an inspector with the Department of Health say that the city’s health department needs to be more aggressive in ensuring patients in area nursing homes receive proper care.

SOURCE: Nursing Home Abuse › Doctor warns of inadequate care at D.C. nursing home

WKTV News Channel 2 featured a story of an 89-year-old resident of Bethany Gardens Skilled Living Facility in Rome, N.Y. The elderly woman wore two rings on her fingers – a gold-and-diamond engagement ring given to her in 1940 by her husband, and a family ring made of various gemstones. The rings hung loose on her frail fingers, and when Certified Nurse Aide (CNA) Amanda Thaler offered to take the rings and have them fitted for her, the elderly women obliged. But Thaler never returned the rings, probably thinking the nursing home resident would forget. But she didn’t. She asked Thaler about the rings a half hour later and then later that day in the dining room. Finally, Thaler returned the family ring but kept the engagement ring.

When questioned about the engagement ring, Thaler suddenly claimed to feel ill, and caught a ride with her boyfriend, Sheldon Stoddard, who was a dietary technician at the nursing home. The two then drove to a pawn shop and sold the heirloom ring for a mere $15.

Bethany Gardens, rightly so, fired the couple over the incident, and the ring was recovered. It is currently being held by Rome Police as evidence. Attorney General Andrew Cuomo said his office will take significant steps to protect New York’s seniors from those who abuse or steal money or personal possessions from seniors. “These employees are accused of stealing a personal heirloom with priceless sentimental value from a vulnerable nursing home resident for whom they were supposed to be caring,” he was quoted by the station.

SOURCE: Nursing Home Abuse › Nursing assistant caught stealing rings from elderly woman

State investigators cited 16 infractions in a 370-page report released earlier this month.

One abuse claim stems from a patient, Carol Crow, who was found by family members covered in bruises on her face, around her neck and completely down her chest. Crow’s family is convinced that Crow was attacked, but the nursing home disputes that claim, insisting that she simply fell.

Another allegation of abuse, detailed in five pages of the report, is of patient who claimed he was hit by another resident day after day. His femur and hip were broken in the attacks, and he died a month later.

“In my opinion, we need a new owner of this facility who’s going to take action for the residents in their care,” says Wes Bledsoe of the Oklahoma Health Department that investigated the claims and filed the report.

The Health Department is recommending Whispering Pines not be allowed to accept any new Medicare and Medicaid patients until the deficiencies are corrected. If the center isn’t in compliance within six months its Medicare and Medicaid payments for existing patients could be cut off.

Whispering Pines has presented a plan to the Department of Health stating that it will correct all violations by Nov. 28.

SOURCE: Nursing Home Abuse › Oklahoma nursing home faces fines for endangering patients

Lemire was transported to Central Vermont Medical Center, where she was later pronounced dead, according to the Times Argus (Vermont).

Lemire lived at the home of Julie A. Davis, who was assigned to be her caregiver beginning last spring. Davis had had other disabled individuals living with her in the past but there were never any complaints from neighbors to police, according to the report. No previous abuse complaints had been filed and Davis’ home appeared tidy and well kept.

Davis worked for Lincoln Street, a specialized service agency. She, like other caregivers, received a monthly, tax-free stipend for having someone in her care.

Last summer was one of the rainiest on record for Vermont, which may have contributed to Lemire’s hypothermia and subsequent death, police said. Hypothermia is condition that results when the body loses too much heat and can hinder metabolism and bodily functions and can lead to death.

Davis was charged with abuse and neglect of a vulnerable adult by a caregiver, which carries a $10,000 fine and/or up to 15 years in prison. Davis is due in Washington County District Court on Dec. 4th.

SOURCE: Nursing Home Abuse › Caregiver charged in hypothermia death of disabled woman

But when Fitzgerald returned 2 ½ hours later, the facility was overrun with firefighters and deputies, according to the St. Petersburg (Florida) Times.

While Fitzgerald was out of the building to handle what she later told police was a home health crisis, an 88-year-old woman fell on the bathroom floor. Unable to get up, she asked a fellow resident to call 911. When medical personnel from Pinellas Suncoast Fire Rescue arrived, they discovered there were no staff members on site and called the Pinellas County Sheriff’s office to investigate.

When Fitzgerald returned, she willingly told police she had left a resident in charge. Police then found Vicodin, a controlled substance, in her pocket. Fitzgerald, 60, was booked on one count of abuse and neglect of the elderly, a second-degree felony and one count of possession of a controlled substance, also a felony. Police say other charges may follow. Fitzgerald was jailed with a $12,000 bail.

SOURCE: Nursing Home Abuse › Nurse arrested for leaving 21 assisted living residents alone

Early last month we reported that four employees of Medford Multicare Center for Living in Medford, NY were charged with criminal neglect after investigators reviewed tapes from video cameras hidden in some residents’ rooms.

The videos showed that one patient wasn’t turned and positioned to prevent painful pressure sores or given range-of-motion exercises to keep his muscles from contracting. One patient also didn’t receive water through his feeding tube – his only means of hydration. The staff charged with the neglect also administered heart medication without first checking his pulse rate, which could have resulted in an adverse response in his medication. And rather than changing his briefs every two hours as per doctors’ orders, the patient was left to sit in his waste for hours. The video also showed that the resident had not been bathed in a week.

Hidden video surveillance is not an uncommon practice in New York and has lead to numerous convictions of nursing home employees. Last week, New York Attorney General Andrew Cuomo announced that more hidden cameras will be installed in the rooms of nursing home patients in western New York in an effort to curtail abuse and neglect against the elderly.

The most recent arrests include two licensed practical nurses (LPN) and two certified nurse’s aides (CNA) at the same Medford facility. The charges include endangering the welfare of a physically disabled person by failing to provide basic standard care and falsifying business records.

One of the LPNs, Kim Purdum, was charged with falsifying business records based on evidence unrelated to the video surveillance. Purdum is accused of changing a resident’s chart to conceal that she had not done the necessary blood tests to monitor her blood thinning medication. This caused the resident to suffer internal bleeding and extensive external bruising. The patient required immediate emergency medical attention.

SOURCE: Nursing Home Abuse › Video surveillance leads to more arrests at NY nursing home

Timothy Allen Brown was arrested Tuesday evening in St. Louis on charges of abuse or neglect of an adult and interstate flight to avoid prosecution. Police say Timothy will likely face more charges.

As we reported Oct. 29, Timothy checked his sister Penny Brown out of Georgetown Healthcare Center in 2006 and moved her into his home with his 8-year-old son. Penny suffered from Cerebral palsy and used a wheelchair for mobility, and had a room to herself in her brother’s home.

In mid September, police visited Timothy’s home as part of a child welfare case. The boy was later removed from the home after social service workers discovered deplorable living conditions, such as human feces on the floor. The boy told police he was not allowed to go into his aunt Penny’s room, which then led police back to Timothy’s home to search for her. Neither Timothy nor his sister were there. Police later found Timothy’s car abandoned and found Penny’s body “wrapped in quilts and then the quilts were wrapped in construction-grade plastic to make it more of an air-tight package, and then placed in the back of his car, in the trunk,” said county coroner John Goble.

Police believe that Penny could have been dead since she was released from the nursing home in her brother’s care. Once released, Penny stopped using her food stamps and her medical card. But her $600-$700 per month social security disability checks continued to be cashed, police say.

Penny’s father, Terry Gray of Georgetown, told police he spoke with his daughter by phone in December 2007. Otherwise he was not involved with either Timothy or Penny.

SOURCE: Nursing Home Abuse › Police arrest brother of disabled woman found dead in car trunk

For one resident and her family, it was downright stressful.

Last June, a resident in the facility to receive physical therapy after having surgery on both knees, needed to get to her regular orthopedic doctor appointment. She was not ambulatory, needing a mechanical lift to be moved from the bed to the bathroom, and wheelchair to get around. She had to get to her doctor’s appointment in her hometown 32 miles away. The nursing home said its van was unavailable to transport her, leaving the resident and her family in a bind.

When administrator Pamm Dickey got word of the situation, she demanded the family pick up the resident by 5 p.m. that Thursday. The family scrambled, calling around and finally locating another nursing home. But that facility couldn’t accept her until Friday. Dickey was unwilling to budge. Using lewd language, Dickey demanded the family remove the resident from Pleasant Manor by the 5 p.m. Thursday deadline. Never mind that the other nursing home wasn’t ready for the resident. The woman’s family could just move her into their home in the interim, she was reported as saying.

However, moving the resident to the family’s home simply wasn’t an option. They were not equipped to lift and move her when she needed to use the bathroom, much less provide the skilled nursing care she needed. Even if it were for one night, the family just wasn’t able to do it.

Still, Dickey wouldn’t bend, becoming combative with the other nursing facility’s administrator over the phone. That administrator, who said she was “shocked” by Dickey’s unethical conduct, told Dickey she had no choice but to call Adult Protective Services. Dickey’s response, according to the administrator who reported her: “She proceeded to tell me to tell APS to bring a car to pick [the resident] up then because I will set her a– on the g—— curb!”

A 151-page report on the investigation into Pleasant Manor cited several incidents of emotional and verbal abuse by Dickey, including the incident mentioned above as well as berating residents for pushing their call buttons too often at night and arguing with one resident over a remote control. Dickey resigned Aug. 13, but dismissed the claims, saying “What is written (in the report) is not the truth by any means.”

Meanwhile, Pleasant Manor was found by surveyors as subjecting residents to immediate jeopardy and was fined, and the Centers for Medicare and Medicaid Services has denied payment for all new residents admitted there who require coverage by Medicare or Medicaid effective Oct. 14 until the home achieves compliance with federal and state regulators.

Dickey’s case will be heard before the Oklahoma State Board of Examiners for Nursing Home Administrators, who will then determine the status of her license.

SOURCE: Nursing Home Abuse › Nursing home administrator cited for verbal, emotional abuse

I-1029 requires all new caregivers beginning in 2010 to be certified by the state, undergo an FBI background check and get at least 75 hours of training. The initiative is sponsored by the Service Employees International Union (SEIU).

PAS-Port for Change, an eight-member statewide steering committee, argues that the initiative fails to address the core issues of abuse and neglect against the elderly and disabled. While it supports the training of caregivers, the organization believes the type of training and the method of delivering that training should be in the hands of the clients.

Debb Snyder, a member of the PAS-Port for Change steering committee who also is disabled, has tried but failed to get SEIU to circulate a questionnaire to those who use caregivers on the quality of care they receive. The questionnaire asks whether the recipient has been verbally or physically abused by a caregiver, whether a caregiver has failed to show up for work or arrived under the influence of drugs or alcohol, whether a caregiver has asked them for food or money or threatened them with abandonment, according to the story.

Snyder says she would like to use those questionnaires during interviews with the accused caregivers as a means of training.

The Washington Attorney General’s office forwards complaints of abuse and neglect to Adult Protective Services, which in turn investigates each case to determine if criminal charges are warranted. The state receives about 13,000 complaints of abuse and neglect each year from adults living in their own homes.

“We’re not against the workers,” Snyder says, “but they need to be trained by us.”

SOURCE: Nursing Home Abuse › Advocacy group wants more control over caregiver training

Earlier this month we told you how hidden surveillance cameras installed at Medford Multicare Center for Living in Suffolk, New York gave the attorney general’s office evidence enough to charge at least four nursing home employees with criminal neglect.

New York leads the nation in using hidden video surveillance to investigate whether there is abuse in its nursing homes. At least 26 of the nursing home employees in New York have been convicted based on hidden video recordings.

The hidden cameras are installed in residents’ rooms with prior permission of family or legal representatives and without the knowledge of the nursing home. Gov. Cuomo hopes the cameras serve as more of a deterrent than means for evidence.

“We’ve had reports [of abuse] for many years, but they are hard cases to make,” Cuomo said in the story. “This allows us to make cases we couldn’t make before.”

While the practice has been lauded by the president of New York AARP, some individuals in the nursing home industry argue that the cameras bring up concerns of a patient’s privacy violation.

According to the National Center on Elder Abuse (NCEA), statistics on abuse, neglect or exploitation among the elderly is hard to track. However, according to the best available estimates, as many as 1 to 2 million Americans age 65 years and older have been injured, exploited or otherwise mistreated by a caregiver.

SOURCE: Nursing Home Abuse › New York puts more hidden cameras in nursing homes

Disability Rights Washington (DRW), a nonprofit organization that protects the rights of people with disabilities, reported numerous examples where the three state agencies charged with investigating reports of abuse and neglect failed to protect frail adults. For example, clearing a nursing home of abuse allegations against a 93-year-old resident with suspicious injuries without reviewing photographs or talking to witnesses.

The three agencies cited in the report include Adult Protective Services, Residential Care Services and Health Professions Quality Assurance. The Washington Department of Social and Health Services (DSHS) oversees both Adult Protective Services and Residential Care Services. The state Health Department oversees Health Professions Quality Assurance.

The Seattle P-I report cites 2006 data that claims only 10 percent of the more than 13,000 complaints made to Adult Protective Services were substantiated; less than 6 percent of the nearly 23,000 complaints made to Residential Care Services were substantiated; and Health Professions Quality Assurance took disciplinary action in less than 10 percent of the more than 6,500 complaints it received and pursued no criminal charges against a single facility.

All three agencies claim they have insufficient staff with inadequate training to meet the demands of their offices. A spokesperson with Residential Care Services, which investigates allegations against nursing homes and other residential services, says it has begun investigating specific reports of abuse in all facilities. And while the agency recently hired seven additional staff members, they are still too understaffed to oversee the state’s 3,000-plus licensed facilities.

SOURCE: Nursing Home Abuse › Washington agencies accused of not investigating abuse claims

Five years ago my sister and I found ourselves in a similar situation. Our mother, who was an only child, had passed away years earlier. Her parents – our grandparents – lived more than 2,000 miles away. Their health was rapidly declining. My grandmother had been diagnosed with breast cancer and Alzheimer’s disease just six months apart. My grandfather was battling diabetes and was simply unable to care for my grandmother. (We suspect it was because my grandmother had spoiled him for so many years!)

Our visits to their house became more and more worrisome. Food was left rotting in the refrigerator, medications were left sitting out, and my grandmother had taken to wandering outside in the middle of the night. (One night she was spotted walking along their neighborhood lake in her nightgown.)

When my grandfather was diagnosed with terminal cancer, we had to act quickly to get them both in facilities that could provide the medical and custodial care they needed. Unfortunately, we had to separate them.

Their health had declined to the point that neither could be moved closer to my sister and me. Working long-distance arrangements was daunting, especially since states differ in how they structure levels of care. Hospital social workers were a tremendous help, as were online resources.

For those who are finding themselves in similar situations with family members, the online magazine CityView offers a detailed listing of care options. It has a 10-point check list for choosing a facility, explains who pays for long-term care, and gives an overview of Alzheimer’s disease and options for those suffering from memory loss disorders.

Statistics of neglect and abuse in long-term care facilities can make the decision to place a family member in one even more stressful. Good facilities do exist but you must know how to identify them. Research several facilities and take time to visit each. Be aware of the environment: Are calls from residents being answered quickly? Does the home look and smell clean? Does staff appear friendly and know the residents by name? Do residents look comfortable?

I also encourage you to question staff and talk with other family members about their experience with the facility. And once your family member is placed in long term care, remain in contact with staff, visit your family member as much as possible, and continue to be aware of the surroundings. Know the signs of abuse and neglect, and report any suspicious behavior.

For more tips on what to look for in a long-term care facility, click here.

SOURCE: Nursing Home Abuse › Do your research when considering options in long term care

The LEAPS (Leaders in Elder Abuse Prevention) initiative will bring together agencies, community organizations, and health care providers responsible for the care of senior citizens in an effort to better identify seniors who may be suffering from abuse or living in at-risk situations. Once these individuals are identified, LEAPS would help get them proper care and get them out of a negative situation before it escalates.

Officials say that by the time a case of elder abuse is brought to their attention, it is too late. Often, there are warning signs that could have signaled danger, and if those signals had been picked up, the negative situation could have been stopped before it got worse. LEAPS will train members to detect signs of elder abuse and how they can better assist in individual cases. This includes assisting financially strapped caregivers with prescriptions, transportation, food and health services.

The Boston Globe story states that in addition to the Office of Elder Affairs and the Middlesex district attorney’s office, institutions that have joined LEAPS include Emerson Hospital in Concord, Lahey Clinic in Peabody and Burlington, Newton-Wellesley Hospital, and Mount Auburn Hospital in Cambridge. The initiative does not call for any public funding, as it is a simple sharing of services and information.

Individuals in the Middlesex area can contact the Elder Abuse Hotline at 800-922-2275; Protective Services Programs and Services at 617-727-7750; and Prescription Advantage at 800-243-4636.

SOURCE: Nursing Home Abuse › Agencies team up to prevent elder abuse

When he died, staff told her Mr. Kittower died peacefully in his sleep.

But when Mrs. Kittower received a call the day after burying her husband from an employee at Silverado, she was devastated. The caller said that shortly before Kittower died she saw a fellow employee punch Kittower’s husband’s face and wrap a towel around his head as if to suffocate him.

After an 11-month investigation which included the exhuming of Mr. Kittower’s body, homicide detectives say they have evidence that 20-year-old Cesar Ulloa, who worked in the home, physically assaulted Mr. Kittower in the minutes before and the months prior to his death. Ulloa is being held on $1 million bond and could face charges of elder abuse and torture.

Police also arrested Luis Arrelleano, 21, Juan Soto, 21, and Maria Gomez, 34. The family plans to offer a $10,000 reward for more information about abuse at Silverado.

Silverado officials have not been fully cooperating with the family nor with investigators. Facility officials say that an internal investigation concluded that staff had done nothing improper nor had any connection to Kittower’s death.

Meanwhile, police investigations continue.

SOURCE: Nursing Home Abuse › California police investigate elder abuse at assisted living facility

Jack Crow believes the first call should be to the police.

Crow believes his wife was abused in an Oklahoma nursing home; an investigation determined that her injuries were due to a fall. Regardless, Crow is joining forces with the nonprofit organization A Perfect Cause to make crimes against nursing home patients immediately reportable to police, according to Oklahoma City’s KOCO 5.

A Perfect Cause is a victim’s advocacy organization fighting “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”

Crow argues that standards for crimes against nursing home patients shouldn’t be different from the rest of the public. “If she (Crow’s wife) had been assaulted at a KMart, we wouldn’t talk about the proper response. We would have called the police,” he told KOCO 5.

The state’s district attorney and attorney general’s office agree. “When you have a crime scene, there is evidence,” said Scott Rowland, of the Oklahoma County district attorney’s office. “There is witness testimony in these crime scenes.”

A committee was formed to look into the proposal.

SOURCE: Nursing Home Abuse › Nursing home advocates fight to change crime-reporting statutes

But John fought back. He saw a poster in his California nursing home about the Ombudsman program, and he made a call. Ombudsmanship Program Director Kathi Toepel paid John a personal visit and, after insisting they talk privately in his room, he asked her to save his toes.

“I’m 92 years old and want to leave this world with the 10 toes the good Lord gave me,” he said.

Toepel discussed John’s case with his doctor and expressed that John was, in fact, able to make his own healthcare decisions. He wanted to save his toes, and Toepel made sure that his will was done.

John lived another 14 months, but he died the way he wanted, with his body intact. “While I understand these are very difficult decisions for family, friends and caretakers to accept, I know that John died with the dignity and respect he deserved,” Toepel said.

Ombudsmen provide a valuable service to the elderly. Not only do they serve as advocates to nursing home residents, they also investigate and resolve complaints and make unannounced visits to nursing homes to ensure residents’ needs are being met. But this valuable program is in jeopardy in California.

According to the Union Democrat, California Gov. Arnold Schwarzenegger used a line item veto to cut the Long Term Care Ombudsman Program out of the budget. The program receives about half its budget from the state. The rest is made up through federal funds and other sources.

While program officials hope the missing state funds will be raised by the community, they are meeting to find ways to through the situation.

This is a tragedy for all nursing home residents, especially the estimated 40 percent who have no family or friends to visit or advocate for them.

SOURCE: Nursing Home Abuse › California budget cuts jeopardize nursing home resident advocates

This weekend, Timothy Patrick White of Philadelphia was charged with a most evil act – raping a dying 70-year-old nursing home resident.

Last summer, White walked into Manor Care Nursing Home in Philadelphia and somehow left the building with the woman, according to the Philadelphia (Pennsylvania) Daily News. The woman, who suffers from vascular dementia and a brain tumor, was living out her last days in the nursing home. Doctors say she has less than six months to live.

White drove the woman to a local bar for mixed drinks and then to a park where they drank beer until the early morning. When he returned her to the nursing home, staffers noticed White was shirtless and his pants were unbuttoned. White said he was a friend of the woman’s as he drove away.

Staff later noticed bruises on the woman’s mouth, neck and arms, and that she was not wearing underwear. A DNA sample taken from White matched semen from the victim’s anal cavity.

Because the victim has a diminished mental capacity and is unable to form consent, it is automatically considered a rape case, police said.

White is being held for trail on 15 counts of rape and related charges.

SOURCE: Nursing Home Abuse › Philly man charged with raping dying nursing home patient

Today, the Miami Herald reported that three state agencies and Miami-Dade police were investigating how second-degree burns were found on a 12-year-old girl living in the Florida Club Care Center. The girl, who is a foster child, suffers from severe cerebral palsy, is unable to communicate and is completely dependent on others for activities of daily living. The burns were found on her hand and thigh, according to the Child Protection Team, a group of University of Miami doctors and nurses.

The case also is being investigated by the Department of Children & Families (DCF) and the Agency for Health Care Administration (AHCA). AHCA, a nursing home regulator, claims there was no evidence of mistreatment toward the girl.

In a letter to Florida Gov. Charlie Crist, Child Protection Team representative and pediatrician Michael D. Strong wrote “We fear that the potential risk for further harm of the other residents in the nursing home facility is high and that little to nothing is being done in response.”

However, a recent AHCA inspection of the facility showed high marks for quality of care and quality of life as well as nutrition and hydration, patient dignity, the prevention of pressure sores, and limiting the use of physical restraints.

For now, the DCF investigation into the girl’s injuries remains open.

SOURCE: Nursing Home Abuse › Nursing home investigated for harming 12-year-old foster child

It seemed as if there was no one else to care for them.

A recent investigation has revealed that the residents there were subjected to deplorable living conditions, resulting in the nursing home closing and the Cincinnati Health Department being stripped of its ability to license and inspect skilled nursing homes and residential-care facilities, according to the Cincinnati (Ohio) Enquirer.

It all began last February when Cincinnati police officer Aaron Layton dropped by the facility in search of a suspect. He didn’t find the person he was looking for, but what he did find stopped him in his tracks. The condition of the home was sickening.

Officer Layton got a search warrant and returned 16 days later with other investigators and officers in tow. They were shocked at what they found: exposed wires, leaking sewage, soiled and torn mattresses, vomit on the floor, broken toilets, unqualified employees, improperly stored drugs and people languishing in their own waste.

“There was no compassion, no sympathy for people who were living in these conditions,” says Councilwoman Laketa Cole. “The very people you’d expect to be a proponent for them, failed them.”
The Ohio Department of Health reportedly inspected the facility in January and found 10 deficiencies. Just eight days before the raid in March, the state had cleared the facility of seven of the 10 problems cited, the Enquirer stated.

After months of debate, the City Council concluded city health inspectors had failed to protect the residents and ordered the city’s health department’s licensure and inspection responsibilities be handed over to the state.

Facilities administrator Abe Fischer could serve jail time because of 27 alleged building and fire code violations. He could learn as early as next week if the residential-care facility will lose its city license. The state began fining Fischer this spring – a bill that has reached more than $100,000 – and mandated that he no longer take on new Medicaid cases, according to the story.

SOURCE: Nursing Home Abuse › Health department stripped of nursing home responsibilities

However, of the 37,150 complaints inspectors received in 2007 about the condition of nursing homes, only 39 percent were substantiated and about 20 percent of those verified complaints involved patient neglect.

Measuring the quality of a nursing home is not always clear-cut. More that 1.5 million people live in 15,000 nursing homes throughout the country. Each facility is inspected annually and must meet federal standards in order to participate in Medicaid and Medicare. Unfortunately, while the standards are the same from state to state, deficiency rates vary.

“Inspectors are subjective and inconsistent. They interpret federal standards in different ways,” the Times quotes Bruce A. Yarwood, president of trade group American Health Care Association. Thus, some states show much higher percentages of deficient nursing homes than others, in what may not necessarily indicate a vast difference in quality of service.

In December, the Bush administration will institute a five-star system to rate overall quality of care in nursing facilities. The rankings will be published on a federal Web site, according to the New York Times report.

SOURCE: Nursing Home Abuse › Gauging nursing home care quality can be tricky

Then her health began to spiral downward, confining her to bed and leaving her helpless. Neighbors no longer saw her and trusted Clifford was handling her needs.

When Ruth died, medics came to their house and were horrified. The deceased woman had wasted away to a mere 79 pounds. Her frail body lay atop a soiled mattress. Excrement was smeared on the carpet below. A medical examiner called it the worst case of neglect she had ever seen, according to the Fort Myers, Fla., News-Press.

The sad truth, the paper later reported, is that abuse and neglect of the elderly is often hard to detect – whether it is in someone’s home or at a nursing facility. Elderly often refuse help or are too incapacitated to seek help outside the abusive environment.

Thus, it is difficult to know how many of the elderly population are abused, neglected or exploited, according to National Center on Elder Abuse (NCEA), an organization directed by the U.S. Administration on Aging that helps national, state and local partners in the field be fully prepared to ensure that older Americans will live with dignity, integrity, independence and without abuse.

Citing the National Elder Abuse Incidence Study, NCEA reports that only 16 percent of abusive situations are referred for help, leaving 84 percent hidden. While some studies estimate that between 3 percent and 5 percent of the elderly population have been abused, the Senate Special Committee on Aging estimates that there may be as many as 5 million victims every year.

Clifford now sits in prison. He wrote a letter to his neighbors arguing that what happened to him – how he lost control of the care of his mother – could happen to anyone, according to the News-Press story. Neighbors still wonder why he didn’t get help.

Don’t be blind to elder abuse and neglect. Know the signs of elder abuse.

SOURCE: Nursing Home Abuse › Elder abuse, neglect often goes unnoticed

The Patient Safety and Abuse Prevention Act is sponsored by New Mexico’s senior senator, Pete Domenici, R-N.M., and Sen. Herb Kohl, D-Wis.

This process could greatly reduce the number of nursing home abuse and neglect cases that plague the long-term care industry. These are tragedies we hear about daily in the news, like the report two days ago of the Jacksonville, Ill., woman suing her father’s nursing home for his wrongful death just 19 days after he was admitted; or the painfully sad story last month of the four nursing home aides in Minnesota who taunted and molested 15 residents suffering from Alzheimer’s and dementia simply to “get a good laugh.”

“This bill is an important step in providing the safeguards needed to prevent abuse and mistreatment by those who care for our elderly and disabled,” Sen. Domenici was quoted as saying in The Daily Times. “I hope the Senate will pass it during this legislative session.”

SOURCE: Nursing Home Abuse › Senate to consider Patient Safety and Abuse Prevention bill

Perhaps the most useful tool on the site is the National Watch List, which provides a listing of nursing homes cited for violations or that have received substantiated complaints. This list is broken down state by state and then alphabetically by the facility name, with color-coded warning labels and scope/severity codes.

MemberoftheFamily.net also provides an honor roll of facilities found to be deficiency-free.

The organization was founded in the mid-1990s by Dr. Edward C. “Terry” Watters, a Maryland physician fed up with the low standards and lack of sufficient care some of his patients were receiving in nursing homes. Watters and partner Dennis Steele petitioned for government reports about nursing homes and learned how to translate the federal Online Survey Certification and Reporting (OSCAR).

According to the site, “As they assembled the facts and ran statistical analyses, a bleak picture emerged of understaffing, physical abuse, untreated bedsores, and coldhearted decision-making by home operators and state officials charged with monitoring facilities.”

Since 1999, information on MemberoftheFamily.net has been available to the public at no cost. The organization is affiliated with no other group and all efforts have been self-funded.

SOURCE: Nursing Home Abuse › web site gives free nursing home info

Nursing home residents and their families who sign mandatory arbitration clauses when being admitted into long-term care facilities, are one step closer to regaining their rights to hold those facilities accountable in court for abuse and neglect, according to the Senior Journal. The Journal reported that the Senate Judiciary Committee this week approved the bi-partisan bill - the Fairness in Nursing Home Arbitration Act of 2008. The bill moves to the Senate for approval.

According to the Senior Journal the bill would invalidate mandatory arbitration clauses in nursing home, assisted living, and other long-term care facility contracts. Under the bill, residents and families could voluntarily choose to arbitrate an issue after a problem occurred, but they would no longer have to agree to give up their right to sue the facility if it severely abused, neglected, or financially exploited the resident.

The Journal noted that nursing homes often are a last resort for families, and many times decisions made during admission are done under desperate or emergency situations. “Individuals and families have little or no opportunity to fully consider and understand the consequences of an arbitration provision buried within and 40- or 50-page admissions document that they are asked to sign during the admissions process.  In many cases, individuals are unaware that they had signed an arbitration agreement,” according to the Journal report.

SOURCE: Nursing Home Abuse › Nursing home residents closer to regaining right to sue

The four aides from Good Samaritan Society nursing home in Albert Lea, Minn., were fired after a coworker revealed that she was aware of the four women abusing residents, the Star Tribune reported. The aides allegedly held residents down whey they resisted, put their fingers in residents’ mouths and noses to quiet their cries and screams, hit and rubbed their breasts and genitals, and sexually “humped” some residents, according to the Star Tribune. Three additional aides who knew about the abuse but did not tell authorities also were fired.

The story quoted one aide as telling investigators that the four women did the reprehensible acts to make “work fun or to get a good laugh.” Another aide was quoted in the story as saying the women accused were confident that the residents wouldn’t complain because they “don’t have their minds.”

The abuse apparently began early this year and lasted for several months. Family members were told in May that something had occurred but did not get details until this week. The story reported that three of the 15 residents have died and the others cannot be interviewed by investigators because they suffer from diseases that affect memory and cognition.

Good Samaritan Society is based in Sioux Falls, S.D., which operates 40 nursing homes in Minnesota. The Freeborn County Attorney is considering criminal charges.

SOURCE: Nursing Home Abuse › Minnesota nursing home aides abuse patients for thrills

There is truly a special place … well you know where … for people who would do something like this. According to the report, which was carried by local CBS affiliate WCCO, the nursing assistants allegedly spit in residents’ mouths, poked their breasts and touched their genitals, and teased them.

Nursing home abuse has to be one of the most incomprehensible acts I encounter in my work with personal injury cases. I just don’t understand how people who are supposed to offer care and comfort, security and peace, could be so cruel. Particularly in the case of Alzheimer’s or dementia patients, who so often are bewildered and afraid, adrift in unclear memories and unsure of what is happening around them to begin with. To abuse these defenseless people – it’s just inexcusable.

Unfortunately, there is still no system for compiling official national statistics about nursing home abuse and neglect. According to the National Center on Elder Abuse, as a result no one knows precisely how many older Americans are being abused, neglected or exploited.

The major types of elder abuse are physical abuse, which includes inappropriate use of drugs and physical restraints; sexual abuse; emotional or psychological abuse, which, in addition to verbal attacks or intimidation includes enforced social isolation and treating an older person like an infant; neglect; abandonment; and financial or material exploitation.

It is most often left up to the individual – family members of loved ones – to monitor the care provided by their chosen nursing home facility. Too often, distance prevents regular visits, and families are left to worry, and hope for the best.

SOURCE: Nursing Home Abuse › a special place …

The Times quoted the attorney in the case as saying, “These facilities are giving out brochures about this wonderful, superlative care — one need only look at their regulatory history . . . and see that it’s just not true.” Approximately 4,000 people joined the suit. Contrary to the company’s promotional materials, state regulators found Sun-Mar homes were sorely understaffed and that employees were insufficiently trained.

The attorney laid part of the blame on the California Department of Public Health for not carefully overseeing the facilities, according to the newspaper report. State governments oversee the licensing of nursing homes in each state.

According to the California Public Health Department (CDPH), the department’s responsibility includes overseeing the certification of nursing assistants and licensing of nursing home administrators.

The lawsuit mentioned other facilities across the region where state regulators noted deficiencies. “If everyone had known the regulatory history of these facilities they would not have put their mother or father in them,” the attorney is quoted as saying.

As part of the settlement, a monitor chosen by the plaintiffs’ attorney will inspect five Sun-Mar facilities at random each quarter.

SOURCE: Nursing Home Abuse › California nursing home settles lawsuit

According to the news story, the abuse occurred at the Oak Hills Living Center from August 2007 through February 2008.

In addition to the abuse, family members say Curnutt was neglected, left in soiled bedding and clothing.

KOTV quotes Curnutt’s father, Richard Curnutt, as saying, “He’s incontinent. Been left wet. Been left dirty. I’ve had to go down and say, ‘please change James.’”

SOURCE: Nursing Home Abuse › Oklahoma man abused, neglected

Home caregivers fall into two basic categories – those who provide basic health services, and those who provide non-medical services like housekeeping, cooking and nonmedical help. The WSJ reports these are the second- and third-fastest growing occupations in America.

The report finds that the majority of abuse cases are linked to nonmedical care providers, because this type of personnel is not required to have any specialized training, and very often not regulated. In fact, nonmedical caregivers do not have to be licensed or even pass a criminal background check in order to be employed in at least 22 states, the Journal reports.

People often choose in-home care as a less stressful alternative to displacing an elderly person from his or her home. In home care also is a cost-saving option. According to figures supplied by the WSJ, it costs Medicaid about $6,000 per person for home care, as opposed to around $20,000 for care in a nursing home facility.

People considering at-home care for an elderly loved one are encouraged to contact the U.S. Administration on Aging by calling toll-free 1-800-677-1116 or visiting www.eldercare.gov. They can provide assitance about locating licensed, safe caregivers.

SOURCE: Nursing Home Abuse › Rising abuse in at-home care

“We believe the vast majority of nursing homes are doing a very good job and working hard to deliver quality care,” Sen. Kohl told the committee. “But we must protect the rights of those who receive inadequate care to hold the facilities accountable.” He said the bill would “send a strong message to underperforming facilities that harmful care is not acceptable.”

Sen. Martinez said the practice of nursing homes requiring residents to sign mandatory arbitration agreements is an overreach of the original purpose of the 1925 Federal Arbitration Act, which he says provides for voluntary arbitration agreements. Requiring a mandatory arbitration agreement as a condition of admittance to a facility is taking advantage of the nation’s most vulnerable citizens, he said.

“I was a practicing attorney for many years, and I believe alternative dispute resolution is a legitimate way to resolve disputes,” Sen. Martinez said, “but it should apply to … people in similar positions when entering an agreement to arbitrate. Prospective nursing home residents – our nation’s most vulnerable population – should not be forced to sign an arbitration agreement as a condition of being admitted to a nursing home.”

Senators Martinez and Kohl pointed out that when patients and their families are at the point of entering a nursing home facility, the patient often is in need of immediate care. Sometimes there are no alternative facilities in close proximity to the patient’s home. Families feel they must sign the agreement in order to ensure their loved one gets needed care right away. Most, they say, do not realize they are relinquishing their rights to go to court.

Sen. Orrin Hatch, R-Utah, spoke in opposition of the bill. He expressed concern that removing arbitration arrangements from nursing homes will cause a rise in long term liability costs and ultimately result in a worse quality of care for the nation’s elderly. He said he believes the proposed Senate bill will result in small business owners going out of business and less well-off seniors unable to afford resulting higher prices.

“I am deeply concerned about nursing home abuse,” Sen. Hatch said. “The abuse of a patient’s trust cannot be tolerated.” However, he said, he feels the problems are being addressed by the nursing home industry.

Sen. Martinez disagrees. Arbitration, he says, “remov[es] the one incentive the industry has to self-regulate and police itself and provide a level of care that I believe is what all of us would like to see for our most vulnerable residents.”

A webcast of the meeting is available at the web site for the United States Senate Special Committee on Aging.

SOURCE: Nursing Home Abuse › U.S. Senate debates arbitration

The Register reports that records with names of caregivers fired for abuse were sealed beginning last August based on a new interpretation of a state law that has been on the books for 17 years, which specifies that judges are obligated to keep “unspecified types of abuse information” confidential. Prior to the new practice of sealing records, the names of Iowa caregivers fired for abuse were provided to Iowa Workforce Development, which could disclose them publicly.

Sealing the records eliminated public access to information such as names of workers fired for abuse, their employers, and cities where abuse occurred, making it difficult for families considering nursing home facilities to examine a facility’s history of safety. The Register reports that recently sealed cases included incidents involving a patient death, and the financial exploitation of a patient by a caregiver who took about $1,000 in cash and gift cards from a nursing home resident.

The new ruling allows public disclosure of the names of workers fired for abuse, their employers, and related agency records, but maintains the confidentiality of state investigators’ abuse reports, to protect the identity of nursing home residents involved in abuse situations. The decision also gives the public the right to review documents such as care facility inspection reports. The Iowa Department of Inspections and Appeals keeps a database of more than 18,000 nursing home inspection reports, which is accessible to the public online.

Read the full article at The Des Moines Register online.

SOURCE: Nursing Home Abuse › Abuse Records Reopened

Other states on the “worst reporting” list are Arizona, Missouri, New Mexico, Oklahoma, South Carolina and South Dakota.

Results of the report were published in the New York Times May 15, which says the study “reveals a widespread ‘understatement of deficiencies’ including malnutrition, severe bedsores, overuse of prescription medications, and nursing home resident abuse.”

The study was requested by Sen. Charles E. Grassley (R-Iowa) and Sen. Herb Kohl (D-Wis., Chairman, Senate Special Committee on Aging). They have introduced a bill to upgrade nursing home care and increase penalties for federal standards violations.

Beasley Allen hears from people every day who are shocked and grieved to find their loved ones have suffered at the hands of the very people they expect to provide expert care and compassion. Certainly, increasing penalties seems like a step in the right direction.

David P. Sloane, a spokesperson for the AARP, which lobbies for older Americans, praises the effort, quoted by the Times as saying it is “one of the most significant nursing home reform initiatives” in two decades.

Read the full story in the New York Times.

SOURCE: Nursing Home Abuse › Alabama Among Worst

According to the National Center on Elder Abuse (NCEA), no one knows precisely how many older Americans are being abused, neglected, or exploited. This is because there are no official national statistics.

Adding to the problem, there are no federal standards that govern residential care facilities, which are known by more than 30 different names across the country, perhaps most commonly as assisted living facilities.

In her testimony before the U.S. Senate Committee on Finance in June 2002, Catherine Hawes, Ph.D., a professor in the Department of Health Policy and Management School or Rural Public Health at Texas A&M University system Health Science Center, pointed out that there has never been a systematic study of the prevalence of abuse in nursing homes. She said much of what we know is based on individual stories or focus group interviews with residents and families.

But what we do know is frightening.

• According to the best available estimates, between 1 and 2 million Americans age 65 or older have been injured, exploited or otherwise mistreated by someone on whom they depended for care or protection.
  Only 1 in 14 incidents of elder abuse in domestic settings come to the attention of authorities.
  For every one case of elder abuse, neglect, exploitation, or self-neglect reported to authorities, about five more go unreported.

The major types of elder abuse are physical abuse, which includes inappropriate use of drugs and physical restraints; sexual abuse; emotional or psychological abuse, which, in addition to verbal attacks or intimidation includes enforced social isolation and treating an older person like an infant; neglect; abandonment; and financial or material exploitation.

In 2003, state Long Term Care Ombudsman programs nationally investigated 20,673 complaints of abuse, gross neglect, and exploitation on behalf of nursing home and board and care residents. Physical abuse was the most common type reported.

Another study released in 2001 reported that based on information collected between January 1999 and January 2000 by a nursing home complaint database, 10 percent of nursing homes in the U.S. were cited for abuse violations that caused actual harm to residents or placed them in immediate jeopardy of death or serious injury.

If you or a loved one suffered a serious injury due to nursing home abuse or neglect, you have specific legal rights. For a free legal consultation, please contact us today

SOURCE: Nursing Home Abuse › 2 million elderly victims

Of those 23 homes, 16 stand to collect bonus Medicaid payments this year from state and federal taxpayers, according to the Register. The bonuses are tied to a state program that rewards nursing homes for providing quality, cost-effective care.

Elderly abuse is a crime. If you or a loved one have suffered nursing home abuse and neglect, please contact us today or call your local law enforcement agency.

Here’s how much each home was fined in 2007 and how much it stands to collect this year in performance-based bonuses. The homes are ranked based on the amount of their 2007 fines.

Meadow Lawn Health Care, Davenport
2007 fines: $33,350
2008 bonus: $0
Goldenrod Manor Care Center, Clarinda
2007 fines: $20,000
2008 bonus: $9,680
ManorCare, West Des Moines
2007 fines: $19,500
2008 bonus: $0
Risen Son Christian Village, Council Bluffs
2007 fines: $18,500
2008 bonus: $0
The Abbey, Le Mars
2007 fines: $17,300
2008 bonus: $11,339
Cedar Falls Health Care Center
2007 fines: $16,500
2008 bonus: $0
Iowa Masonic Home, Bettendorf
2007 fines: $15,000
2008 bonus: $44,502
USA Healthcare, Urbandale
2007 fines: $13,400
2008 bonus: $76,859
Ramsey Village, Des Moines
2007 fines: $13,000

2008 bonus: $8,133

Glen Haven Home, Glenwood
2007 fines: $13,000
2008 bonus: $12,028
Park View Care Center, Burlington
2007 fines: $12,250
2008 bonus: $22,418
Woodlands Rehabilitation Center, Council Bluffs
2007 fines: $12,000
2008 bonus: $33,801
Lantern Park Nursing and Rehabilitation Center, Coralville
2007 fines: $12,000
2008 bonus: $0
Good Samaritan Home, Villisca
2007 fines: $11,500
2008 bonus: $25,198
Wesley Acres, Des Moines
2007 fines: $11,500
2008 bonus: $8,894
Nelson Nursing Home, Fairfield
2007 fines: $11,500
2008 bonus: $17,972
Oakwood Nursing and Rehabilitation Center, Albia
2007 fines: $11,500
2008 bonus: $0
Red Oak Rehabilitation and Care Center
2007 fines: $11,000
2008 bonus: $9,225

Riverside Manor, Ames
2007 fines: $10,500
2008 bonus: $0
Windmill Manor, Coralville
2007 fines: $10,500
2008 bonus: $24,811
The Manor, Malvern
2007 fines: $10,350
2008 bonus: $18,555
Clearview Home, Mount Ayr
2007 fines: $10,000
2008 bonus: $57,552
Elm Crest Retirement Community, Harlan
2007 fines: $10,000
2008 bonus: $24,142

Source: Iowa Department of Human Services, Iowa Department of Inspections and Appeals. (Specialized facilities, hospital affiliates and state-run homes do not participate in the bonus program.)

SOURCE: Nursing Home Abuse › Nursing home fines, bonuses

Anthony Vincent Digiannurio was eventually taken to the Florida Hospital DeLand by ambulance, where he was initially admitted for respiratory problems. However, after examining him, hospital staff were shocked to find he had an infected breathing tube, a partially inserted catheter, bed sores, and maggots in one of his eyes.

His daughter, Laura, expressed distress and disgust at her father’s treatment, saying she had placed all her faith in the University Center West nursing facility to provide care and comfort for her dad. She planned to move him to a veteran’s nursing home upon his recovery.

Source: elder-abuse-cyberray.blogspot.com/2007/11/purple-heart-veteran-nursing-home-with.html

SOURCE: Nursing Home Abuse › decorated veteran abuse victim

According to a report by local television station WAVE3 in November 2007, family members say Rev. Graham, who had required full-time nursing care since 1999 after a fall left him a quadriplegic with a serious brain injury, began a quick decline in health after entering the Harborside facility in January 2007. Prior to that time, he was cared for at a different facility, where he experienced no problems during his six-year stay, according to his sister, Sherry Cooke.

According to the WAVE3 report, incidents of neglect included severe bed sores, a feeding tube being turned or left off repeatedly resulting in dramatic weight loss, and medications missed or administered incorrectly.

The family says Adult Protective Services investigated and substantiated their claim of caretaker neglect. However, the nursing home released a statement to the TV station saying they had complied with the state department of health and the office of Inspector General in their investigations in the family’s concerns, and that the agencies found the care center acted appropriately in the care of the individual.

SOURCE: Nursing Home Abuse › A family’s worst fear