According to the Attorney General in New York, a nurse’s aide was arrested recently based on allegations that she physically and mentally abused an elderly woman under her care in a nursing home.
The aide was charged with one count of second-degree endangering the welfare of an incompetent or physically disabled person, two counts of willful violation of health laws, and one count of second-degree endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled person.
According to reports, the aide led the patient to her room in August, where the patient then became difficult, and hit the aide in the face. The aide allegedly then grabbed the woman by the wrist and twisted her arm behind her head, causing her wrist to fracture. The aide additionally allegedly hit the woman in the face with the woman’s own hand, and then with a pair of urine soaked undergarments.
While this case happened in New York, it could have just as easily happened in any other state, including Maryland. Additionally, while this story stems from the criminal charges brought against the aide, there is a strong argument that a separate civil suit is in order to compensate the injured woman for the pain and humiliation she may have suffered as a result of the altercation. While criminal lawsuits are intended as a punishment by the state (or federal government, as the case may be), civil lawsuits are intended to compensate the victims for the loss that they have suffered, in an attempt to make them “whole” again.
Under federal law, nursing home abuse is defined as, “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” This is therefore a fairly broad definition, and it would appear from what has been reported, that the woman in this case clearly fell within the guidelines of the infliction of injury, which resulted in pain, physical harm, and most likely mental anguish.
Elderly individuals living in nursing homes or assisted living facilities are often victims of abuse and neglect because their supposed caretakers take advantage of the fact that they are vulnerable targets, and may be unable to defend themselves or later communicate to family members what has happened to them.
If you suspect that an elderly friend or relative living in a nursing home or assisted living facility within the Maryland or the Washington D.C. areas might be suffering from nursing home neglect or abuse, contact the experienced nursing home abuse and neglect attorneys at Lebowitz & Mzhen, LLC immediately. Do not ignore your intuitions, in many cases suspected abuse is not an isolated incident or two, but rather indicative of an underlying systematic shortcomings. Contact us today in order to schedule your complimentary and confidential initial consultation. You can reach us by calling (800) 654-1949 or contact us through our website.
More Blog Posts:
Sheriff Investigates Claim of Nursing Home Abuse of 86 Year Old Woman, Maryland Nursing Home Lawyer Blog, published September 27, 2013
Trial Begins in Nursing Home Abuse Case, Maryland Nursing Home Lawyer Blog, published September 20, 2013