Maryland Nursing Home Lawyer Blog

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.

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A Sheriff’s Department in Georgia is investigating a claim that a nursing home staff member allegedly physically abused a patient. The incident was allegedly reported by both a family member and another staff member at the facility.

An 86-year-old woman was hospitalized with bruises and a broken bone that she suffered allegedly as a result of the incident at a care facility. The Sheriff’s Office stated that it will use forensic evidence from the woman’s physician to determine how she received the injuries.

A local ombudsman reports that in her opinion, accidents such as this one are usually not intentional, but happen due to a lack of training or other accidents. In those cases, the facility should focus on better training its staff in order to prevent future incidents from occurring. She also reiterates the common message of being involved with the nursing home by visiting on a regular basis and getting to know the staff, in order to ensure that your loved one is receiving good care.

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Trial has reportedly begun in the case of a former nursing home employee accused of assaulting a patient last November.

The defendant pleaded not guilty earlier this year to the charge of abuse of a disabled adult. She faces up to two years in prison if convicted. The charges stem from allegations that the woman abused a 76 year old resident while giving the woman medication last November. Specific allegations include claims that the defendant pulled the patient by her hair, used a knee to pin down the patient’s legs, and squeezed her chest. She reportedly also hit the patient in the face with water from the cup or pitcher on the patient’s bedside stand. The entire ordeal was apparently related to the defendant trying to get the patient to take her pills.

The woman’s defense attorney said that the patient was disoriented and startled when the defendant woke her up, and that she has struggled with memory problems.

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Another seemingly egregious case of nursing home abuse has been captured on hidden camera.

A Canadian man set up a hidden camera in his mother’s room at a home in Ontario for a period of three weeks due to suspicions that she was being abused or neglected. One instance that prompted his action was when his mother, a dementia patient, developed a black eye, and employees were unable to provide an explanation for the injury.

Once he reviewed the footage, the man found employees handing his 85 year old mother roughly, and in one case an employee reportedly shoved a feces-covered rag in her face after using it to clean her bottom. A different employee was captured blowing her nose in the woman’s sheet. While four employees were ultimately fired following suspension after health officials conducted investigations, police stated that they would not bring criminal charges.

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The Center for Investigative Reporting made a finding that California is failing to protect patients living in care facilities across the state. What they discovered was unsettling. By searching through years of records, the group determined that investigators from the Department of Public Health failed to look into accusations of abuse by nursing assistants. Documents show state regulators effectively shelved more than 900 cases from Southern California, including some of the most alarming allegations involving suspicious deaths. Data reportedly shows that most of investigations conducted do not result in action against caregivers, the number of caregivers’ licenses revoked has gone down, and that fewer cases have been referred for prosecution.

One such case involved a 95 year old woman who checked herself into a Pomona assisted living facility. The woman is believed to have died as a result of injuries she sustained from employees of the home. While the facility claims that the woman died as a result of injuries she sustained from a fall, family members and even a former nursing director believe that the woman was repeatedly punched, especially in the face. The former employee stated, “Her face looked like Mohammed Ali did a dance on it. And you could see knuckles.”

Despite questions surrounding her death, the Department of Health closed the case in February, seven years after the woman died. The Los Angeles County Coroner’s report ultimately concluded that the allegations of assault could not be ruled out, but no charges have been filed. The Los Angeles County Sheriff’s Department has decided to take a closer look at the woman’s death, and as a result has opened a homicide investigation.

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A 76 year old nursing home patient died last month from complications of injuries he sustained when he was tased by local police.

The man was reportedly wielding a knife and scissors and otherwise behaving erratically when the police arrived. When officers motioned to the man, who did not speak English, and ordered him to drop the weapons, he moved the knife towards his throat. Police then used a taser in an attempt to prevent the man from harming himself. As a result, the man fell and severely injured his face.

The man died shortly thereafter from pneumonia that developed during treatment for delirium and his injuries, according to the medical examiner.

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A Georgia woman was arrested following a raid on a local home in connection with a nursing home she reportedly runs. The woman was charged with abuse, neglect and exploitation of disabled persons, false imprisonment, and operating a personal care home without a license.

The arrest took place earlier this month following a raid by the Georgia Bureau of Investigation, Thomasville Police Department, Thomas County Sheriff’s Office and Georgia Probation at the Break Through Independent Living Center.

Investigators say the home itself is owned by a nearby church. Thomasville Police began an investigation regarding the nursing care facility nearly one month ago after a claim was made regarding a potential sexual assault. Investigators reported that they had suspected abuse and neglect at the home, and subsequently requested assistance from the GBI.

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A recent news story reported on a situation regarding some disturbing footage of abuse within a Texas nursing home. The video shows several residents being thrown or otherwise handled roughly while nursing home employees are engaged in “caretaking.”

The station also showed pictures sent in by a viewer of the woman’s aunt, depicting very large and mysterious bruises on her arms. In that case, after filing a complaint the caretaker was fired.

A former nursing home employee who witnessed many cases of abuse or neglect where she used to work recommends checking on your loved one daily. That way the staff will be less likely to neglect your family member, as they are constantly being checked on, so to speak.

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Three female former certified nursing assistants are accused of taking photographs of disrobed nursing home patients’ body parts, spraying them with water and filming the stunts for their own entertainment. A fifth individual has been charged for failing to report the incident.

Three of the women pleaded guilty to two counts of willful abuse, neglect or exploitation of a dependent adult. They each face one to two years in prison for the crimes.

The fourth individual pleaded guilty for failing to report the abuse, and faces 11 months and 29 days in jail for the misdemeanor charge.

The pleas were entered without an agreement from the state; therefore the womens’ sentences will be for the judge to decide at the sentencing hearing, currently scheduled to take place in September.

The fifth individual, who was also charged in the incident, pleaded guilty to the charges shortly after being charged.

The incidents reportedly occurred in December 2011 and January 2012. The women were charged after nursing home officials discovered that patients were being sprayed with water, and the incidents went unreported. Additional allegations claim that the women took photos of patients’ bare buttocks and breasts. According to information released after the women’s arrests, two of the women worked the night shift together and began the abuse because they thought the victims’ reactions, “would be comical.” They also reportedly took photos and videos of the incidents and showed those to other people.

The nursing home was penalized with a period of suspension of new admissions and a one-time civil penalty of $3,000 assessed by the Tennessee Department of Health, the organization responsible for regulating nursing homes and assisted living facilities in the state.

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