Nursing Home Abuse

Guardian for Nursing Home Sexual Abuse Victim Files Suit Against Facility and Former Staffer

January 29, 2013 | Lebowitz & Mzhen

The guardian of an Oregon woman, now deceased, who was the victim of sexual assault in a nursing home has filed suit against the nursing home and its incarcerated former employee. The lawsuit claims elder abuse based on the sexual assault, a civil claim allowed under Oregon law, and seeks $1.5 million in damages.

The victim, whose name has not been disclosed by the news media, was a resident of Valley West Health Care Center in Eugene, Oregon. She had suffered several strokes and was unable to speak. She had resided at Valley West for about one year when, on December 22, 2010, an employee reportedly walked into the 56 year-old woman’s room and saw another employee, 61 year-old Robert Price, touching the woman’s genital area. The employee reported the matter to Valley West management, who reportedly contacted police.

Prosecutors charged Price with first-degree sexual abuse and first-degree attempted sexual abuse, both felonies. They contended that the victim was unable to consent due to mental defect, mental incapacitation, and physical helplessness. Price pleaded not guilty to sexual abuse, but later entered a guilty plea on the attempted sexual abuse charge, which carries a lesser mandatory prison sentence. State law defines “attempted” sexual abuse as an act that involves a “substantial step towards completing” actual sexual abuse. Price was sentenced to forty-five months in prison on February 4, 2011, and he remains incarcerated to this day.

Nursing Home Employee Charged with Abuse of Patient

January 25, 2013 | Lebowitz & Mzhen

A certified nursing assistant at a Wisconsin nursing home faces criminal charges for the alleged abuse of a patient over a six-month period. At least two other employees reported seeing her physically assaulting the nursing home resident on multiple occasions. The felony charges could result in a substantial prison sentence.

Two certified nursing assistants at Crest View Nursing Home in New Lisbon, Wisconsin reported witnessing the abuse of an 86 year-old resident by another certified nursing assistant, Ginger Newlin. One of the witnesses reported seeing Newlin, among other acts of assault, verbally abuse the elderly woman and spit in her face. The other witness reported incidents of abuse that occurred at least once a week, beginning in October or November 2011. In addition to physical abuse, she reported hearing Newlin threaten the woman, such as threats to break the woman’s fingers.

Prosecutors charged Newlin with at least two felony counts in June 2012. She faces a charge of abuse of a patient, a broadly-defined offense that could include physical, emotional, or sexual abuse, unconsented treatment, or unreasonable restraint. “Patient” expressly includes nursing home residents and other elder or vulnerable adults. Penalties vary depending on whether the alleged abuse was intentional, reckless, or negligent, and on the degree of harm or risk of harm that resulted from the alleged abuse. The most severe offenses, described as intentional or reckless abuse resulting in death, are treated as Class C felonies. This can result in up to forty years in prison and fines of up to $100,000. Reckless or negligent abuse that is likely to, but does not, cause “great bodily harm” is a Class I felony, punishable by a maximum of three-and-a-half years’ imprisonment and a $10,000 fine.

Nursing Home Maintenance Worker Fired, Arrested for Alleged Sexual Abuse of Resident

January 22, 2013 | Lebowitz & Mzhen

A maintenance worker at an assisted-living facility in Albany, New York was fired and then arrested for the alleged sexual abuse of a 91 year-old resident. Media coverage of the incident has indicated that the man is a registered sex offender with convictions from the 1980’s for rape and other offenses. The owner of the facility reportedly did not know about the maintenance worker’s criminal history or status as a sex offender. The incident also led to the termination of an administrator at the facility and demands by a county official for stricter background check requirements for adult home employees.

An employee at the Loudonville Home for Adults alleged that they witnessed a maintenance worker sexually abusing a 91 year-old female resident on November 30, 2012. The man had reportedly gone to the woman’s room to change a lightbulb, when the employee making the report saw him put his hands down the front of the woman’s shirt without her consent . The nursing home fired the maintenance worker immediately upon hearing of the alleged abuse.

The maintenance worker is a Level 3 sex offender, according to the Times Union. Under the risk levels assigned by the state of New York, Level 3 indicates the highest level of risk for repeat offenses and threats to public safety. The man was reportedly convicted in 1984 for the 1983 rape of a woman in Saratoga County. He spent sixteen years in prison until his parole in 2000. After his community supervision ended in 2008, he was hired at Loudonville.

Police arrested the maintenance worker on December 20, 2012 in connection with the alleged sexual abuse. He allegedly confessed to police after his arrest. He now faces charges for felony endangering the welfare of a vulnerable elderly person and misdemeanor sexual abuse. As of mid-January 2013, he remained at the Albany County Jail, where law enforcement is holding him on $25,000 bond.

Hidden Cameras Have Helped Prevent Nursing Home Abuse, But May Not Be Solution

December 28, 2012 | Lebowitz & Mzhen

Recently, NBC10 Philadelphia reported that two former workers at a nursing home in Bucks County, Pennsylvania, were arrested after being caught on camera abusing a resident. Nursing home abuse and neglect are unfortunately common occurrences, but rarely do victims have the benefit of direct evidence as here.

According to the story, the daughter of the victim was concerned about the treatment her mother was receiving at the nursing home, so she installed hidden cameras to monitor the room. When she reviewed what was captured on camera, the abuse was indisputable, the news article reports. Both workers are reportedly charged with neglect of a care dependent person, reckless endangerment, simple assault, and harassment.

It should not be incumbent on the friends and relatives of nursing home residents to oversee the care. Nursing homes owe their residents a duty of care, and abuse or negligence by the workers is an unmitigated breach of that duty. Often, friends and family members must rely on circumstantial evidence of abuse or neglect, such as the appearance of unusual activity in bank accounts and credit cards, unexplained bruises and scratches, or bedsores. None of these alone is conclusive evidence of abuse or neglect, but if you see any of this, you should be alert to the possibility.

Although the placement of hidden cameras in this situation appears to have led to a positive outcome, such is not always the case. The recording of individuals without their knowledge or permission violates Maryland state law. Although it might be tempting to do so, particularly if you suspect that people are taking advantage of a friend or loved one, you should pursue lawful means of ascertaining the facts.

Even if nursing homes were to install surveillance cameras to protect its residents from abuse and neglect, that too could lead to unforeseen negative consequences. Just as we’ve seen with the Transportation Security Administration’s abuse of full-body scanners, the workers charged with monitoring the cameras could use them for nefarious purposes.

Former Nursing Home Employee Accused of Stealing From Resident With Dementia

December 21, 2012 | Lebowitz & Mzhen

A former employee of a Wyoming nursing home was recently charged with multiple crimes as a result of her alleged theft of thousands of dollars from a resident with dementia.

Malgorzata Burns reportedly worked at Shepherd of the Valley Healthcare Center in Casper, Wyoming, as a certified nursing assistant. It was during her employment there that she encountered her alleged victim, a 100-year-old resident with dementia. The prosecutors charging Burns allege that she used the man’s bank account to write herself checks and pay her own bills.

According to a report by Joshua Wolfson, a Wyoming Star-Tribune staff writer, the police first investigated the incident after a nonprofit guardianship group found suspicious charges on the man’s bank records. Investigators allegedly discovered additional evidence supporting the guardianship group’s initial finding, and that led to the police charges.

The Star-Tribune reports that Burns no longer works at the nursing home facility and was already on administrative leave at the time of her resignation.

Sometimes we have to place older relatives or friends in a nursing home or assisted-care facility because only they can provide the care and attention an elderly individual requires. Unfortunately, abuse and neglect are frequent problems in many nursing homes throughout the country.

Some of the most common forms of abuse are:
– Physical abuse, such as hitting, force-feeding, or using unnecessary physical restraints;
– Sexual abuse, such as unwanted touching or coerced nudity;
– Financial abuse, such as exploiting assets or property (as was the case here).

– Emotional or psychological abuse, such as using abusive or insulting language or isolating them from available activities.

Neglect may include the failure to feed, bathe, hydrate, or clothe residents; or ignoring basic health requirements, such as moving a bedridden resident to avoid bedsores.

While the case discussed here has risen to the level of criminal charges, the alleged victim also likely has civil causes of action against both the Burns and the facility. Civil lawsuits stemming from nursing home abuse are different from criminal lawsuits in that they are intended to compensate the victim for injuries sustained, rather than punish the perpetrator.

Maryland Federal District Court Allows Claim for False Imprisonment to Proceed Against Nursing Home and Hospital

September 18, 2012 | Lebowitz & Mzhen

A federal judge in the District of Maryland allowed one claim in a pro se lawsuit lawsuit against a hospital and a nursing home to proceed past summary judgment. The court in Estate of Bernice L. Jones v. NMS Health Care of Hyattsville, et al granted the defendants’ motion for summary judgment as to four of the plaintiff’s claims, but allowed the cause of action for false imprisonment to proceed.

According to the court’s opinion, Bernice Jones appointed her friend, David King, as her medical surrogate in the early 2000’s. They both lived in New York City at the time. Jones moved to Washington DC to live with her cousin in 2007, but kept in close contact with King and other New York friends. King continued to handle Jones’ financial affairs in New York.

Jones fell seriously ill in May 2008. She went to NMS’s St. Thomas More Nursing and Rehabilitation Center, located in Hyattsville, for short-term rehabilitation. Jones maintained daily contact with King and other friends and family. St. Thomas More reportedly began to arrange for Jones’ discharge in June 2008, but subsequent events remain disputed.

Lawsuit Claims Abuse and Neglect at School

June 21, 2012 | Lebowitz & Mzhen

A federal lawsuit brought by the parents of several students against a Kansas military school alleges multiple acts of abuse and neglect. Although fellow students committed many of the alleged acts of abuse, the lawsuit claims that adult staff members often knew about the abuse, and that some were even present for some incidents. Faculty, staff, and administrators did not intervene, according to the complaint, thus breaching their duty to protect their students. The claims are similar to claims brought for alleged nursing home abuse and neglect, since both involve a duty to care for vulnerable individuals, and liability for failure to protect people under their care from harm. This could include failures to protect nursing home residents from abuse by staff members or other residents.

A group of parents first filed suit on March 5, 2012 in the U.S. District Court for the District of Kansas. Their children were students at St. John’s Military School, a residential boarding school in Salina. The school teaches grades 6 through 12 and houses all of its students on its premises.

The plaintiffs allege that the school puts incoming students through a series of physical training and other initiation procedures, and that it places significant disciplinary authority in its senior students. This gives the older students powers over the younger students more properly exercised by adults, the complaint says. The school allegedly knows of abuses that occur within this system, including many that result in physical injury to students, but does nothing to address it.

Nurse Convicted of Involuntary Manslaughter for Drugging Patient, Causing Patient’s Death

June 7, 2012 | Lebowitz & Mzhen

A nurse in Durham, North Carolina pleaded guilty to charges of involuntary manslaughter and patient abuse when a nursing home resident under her care died. Prosecutors accused her of drugging patients under her care in order to “keep them quiet.”

Angela Almore worked as a nurse at Britthaven of Chapel Hill, a nursing home located in Chapel Hill, North Carolina. She was reportedly working the 3 p.m. to 11 p.m. shift in the home’s Alzheimer’s unit on February 13, 2010. Seven residents were taken to a nearby hospital in the early morning of February 14 for respiratory issues. All seven of them tested positive for opiates, although it reportedly took doctors several hours to determine what was wrong with the patients. One of the residents, 84 year-old Rachel Holliday, died at the hospital. The cause of death was determined to be pneumonia due to morphine toxicity. The other six residents received treatment for various respiratory ailments and eventually returned to the nursing home.

Fourteen of the approximately twenty-five residents in the Alzheimer’s unit tested positive for morphine. Only one of the residents had a prescription for the powerful opiate. During the subsequent investigation of Holliday’s death and the positive toxicology tests, several employees stated that they had seen Almore giving an orange fluid to patients that did not look like the patients’ regular medication. According to the assistant district attorney who prosecuted the case, employees said that Almore told them she did not want to deal with patients during that shift, and that she had given them something to “relax.” Almore also allegedly stated that “she knocked all their asses out.” One employee who worked in the Alzheimer’s unit told the judge presiding over the case that none of the drugged patients ever caused trouble for the staff.

Nursing Home Staffer Charged with Elder Abuse for Allegedly Stealing Medicine

May 15, 2012 | Lebowitz & Mzhen

Prosecutors in Great Falls, Montana have charged former nursing home employee Jennifer Allgrunn with drug possession and elder abuse. The theft of medications allegedly went on for several months, during which time residents might not have had enough medications for their needs. Although the underlying alleged offense is essentially theft and a drug offense, the fact that it directly harmed the nursing home’s elderly residents led to a criminal charge for elder abuse.

Police arrested Allgrunn on Friday, May 4, 2012, after staff at Goldstone Assisted Living Home complained about ongoing and routine drug thefts. Allgrunn had worked at Goldstone since December 2011. Police found nine prescription pills on Allgrunn’s person, including the painkiller hydrocodone, as well as additional medication packaging. Goldstone administered all of the medications in Allgrunn’s possession. She reportedly admitted to police that she had been regularly stealing drugs from the nursing home since December.

Prosecutors charged Allgrunn with elder abuse and criminal possession of dangerous drugs. Court documents filed by prosecutors allege that her thefts harmed the elderly residents of the nursing home by depriving them of medication, and therefore sufficient medical care.

Owner of Nursing Home Charged with Neglect for Second Time in Eight Years

April 20, 2012 | Lebowitz & Mzhen

Police in North Charleston, South Carolina arrested a nursing home owner on Thursday, April 12, 2012 after an inspection of the facility reportedly found extensive evidence of neglect. Andrea Magwood, age 68, is accused of neglecting vulnerable adults under her care. She went free on April 16 on a $250,000 bond. Her nursing home is currently closed, and authorities have transferred the thirteen residents to other facilities. Magwood faced a similar investigation and charges in 2004 relating to alleged abuse at the same facility.

The Governor’s Office of Ombudsman, the office charged with investigating reports of abuse or neglect in nursing homes, contacted North Charleston police on April 5 with concerns about the health of one of the residents. A 79 year-old resident of Magwood’s nursing home, Fair Havens Manor, had reportedly been admitted to the hospital. Doctors diagnosed him with severe dehydration and malnutrition, and they reportedly found a subdural hematoma on his head that possibly required surgery. Inspectors arrived at the home later on April 5. They reported finding mold clinging to the walls and cockroaches “crawling all over.” Residents allegedly received rotten food, and medications lacked labels or records that would indicate to which resident they belonged.

By April 12, North Charleston authorities had condemned the home’s two buildings and arrested Magwood. EMS personnel assisted police in removing the residents from the facility and taking them to a nearby hospital for medical assessment. From there, the residents would either receive medical care or be transferred to another facility.

Prosecutors charged Magwood with neglect of a vulnerable adult, a felony offense in South Carolina with a maximum penalty of five years in prison. State statutes also allow the attorney general’s office to being a civil action for a penalty of up to $30,000 for a nursing home owner who allegedly fails to protect residents from neglect. A judge set Magwood’s bond at $250,000 on April 13, and she reportedly left jail on Monday, April 16.

Magwood faced similar charges in 2004 when another resident reportedly suffered malnutrition and dehydration. Police raided the home, then known as Genesis Nursing Home, In June 2004 after a bank teller reported several large withdrawals by one of the residents while accompanied by Magwood. The teller also reported that the resident showed signs of physical abuse.