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

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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

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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

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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

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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

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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

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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

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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 …

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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

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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

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