Saturday, April 02, 2011

Nursing home abuse alleged in Niagara

Two employees at a Wheatfield nursing home “joined in humiliating, distressing and violating the dignity” of two residents last April, according to state Department of Health documents obtained Tuesday.
The documents detail a disturbing event at Northgate Health Care Facility wherein one nursing assistant placed two elderly residents suffering from dementia and other mental health ailments in the same bed while another nurse made sexual comments, apparently seeking to spur inappropriate interaction, and taking pictures, the documents state.
Alicia Clemens, a certified nursing assistant, took cell phone camera pictures of the two elderly and impaired clients after she and another employee, Gloria Maxwell, placed them in the same bed together during their shift on April 14. The report concludes that Maxwell and Clemens were acting “for their own entertainment.”
Clemens and Maxwell attempted to convince the pair they were husband and wife, Gretchen Fantauzzi, senior attorney acting on behalf of Commissioner of Health Richard Daines, wrote in her report on the incident.
Using “sexually provocative commentary” to solicit physical contact between the two, Fantauzzi said sufficient evidence exists that Clemens and Maxwell brought the elderly female client, who reportedly suffers from mild retardation and schizophrenia, into the room occupied by an elderly man and his real wife.


Nursing home abuse details released » Local News » Niagara Gazette

CNA Registry Massachusetts

Information and Contacts

Public Information Requests


Massachusetts Department of Public Health - Division of Health Care Quality


99 Chauncy Street, Boston, MA 02111

Phone: (617) 753-8143

License Verification: (617) 753-8192
Should you wish to receive a copy of a portion of the Nurse Aide Registry data, please contact Peter Bilodeau at (617) 753-8140. Information currently available includes name, address and last known employer. Unfortunately, mailing labels are not available. Final requests must be received in writing. A nominal fee will be charged for the processing of the request.


http://www.mass.gov/?pageID=eohhs2terminal&L=5&L0=Home&L1=Provider&L2=Certification%2c+Licensure%2c+and+Registration&L3=Occupational+and+Professional&L4=Nurse+Aides&sid=Eeohhs2&b=terminalcontent&f=dph_quality_healthcare_p_nurse_aide_contact&csid=Eeohhs2

Friday, April 01, 2011

Lawsuit Study on Nursing Homes Released

A study published in the March 31 issue of the New England Journal of
Medicine  included the following findings on Nursing Homes:

Five large U.S. nursing home chains provided information on lawsuits brought against them between 1998 and 2006. Researchers looked at the alleged reason for the suit and the outcome.
During that period, plaintiffs filed 4,716 claims against 1,465 nursing
homes. On average, each nursing home was sued every two years.
The most common Nursing Home harms alleged were fall-related injuries (27 percent) and pressure ulcers or bedsores (16 percent). Other claims were for dehydration,
malnutrition and excessive weight loss, physical or verbal abuse and
medication errors.
Sixty-one percent of the claims resulted in a payment, which averaged
nearly $200,000.
Researchers then analyzed the likelihood of a nursing home being sued based
on 10 measures of quality gleaned from two national databases, including
one that tracks the health of nursing home residents on a monthly basis.
Nursing homes that had the most nurse's aide hours per resident-day -- a
measure of how well staffed a nursing home is -- were also slightly less
likely to get sued, but again, not by much -- 45 percent compared to 41 percent
annually for those with the lowest staffing levels.
One measure for which there was a significant difference in the likelihood
of lawsuits was pressure ulcers or bedsores. Nursing homes with the lowest
pressure ulcer rates had a 6 percent chance of being sued in a given year
because of bedsore-related complaints compared to 11 percent for the
worst-performing nursing homes.
Concluding that lawsuits have little effect on quality of care, the authors
say that other long-term efforts, such as public reporting of nursing home
conditions and performance-based reimbursement schedules, may be needed to
encourage improvements.

Thursday, March 31, 2011

Kara Murphy - Quincy CNA Nursing Aide Sentenced for Abuse

Atrium Abuser Sentenced Wed. 3-30-11. Quincy District Court, Quincy, MA.

Update: April 6, 2011:

Kara Murphy, The Certified Nurse Aid who worked at The Atrium in Quincy,  pleaded guilty in Court to 7 counts of assault and battery on an elderly or disabled person on 3-30-2011.

The DA's office read the abuse charges, the judge asked her if she is pleading guilty to all the details as presented, and Murphy said yes.  The details include punching and slapping one elder victim (H) and assorted acts against others.

The DA's office asked for some jail time to be served.  Defense attorney Karen Wayne asked for time served on house arrest. 

The Judge explained in court the seriousness of crimes, and what pleading guilty means.  Sentence finally handed down was 1 year probation, anger management group, and no work with elderly or children until probation is up, according to a Court observer.
Hamill Law office is currently representing an elder victim of these terrible assaults.

Thursday, March 24, 2011

National Disability Rights Network

National Disability Rights Network

Nursing Home Long Term Care Guide

National Consumer Voice for Quality Long Term Care has published a "Consumer's Guide to Choices and Advocacy" entitled "Piercing Together Qaulity Long Term Care". It is available on PDF here.

About The Guide

Monday, March 14, 2011

Danger in NY State run Homes for the Disabled

A New York Times investigation found widespread problems in the more than 2,000 state-run homes. In hundreds of cases reviewed by The Times, employees who sexually abused, beat or taunted residents were rarely fired, even after repeated offenses, and in many cases, were simply transferred to other group homes run by the state.
And, despite a state law requiring that incidents in which a crime may have been committed be reported to law enforcement, such referrals are rare: State records show that of some 13,000 allegations of abuse in 2009 within state-operated and licensed homes, fewer than 5 percent were referred to law enforcement. The hundreds of files examined by The Times contained shocking examples of abuse of residents with conditions like Down syndrome, autism and cerebral palsy.
At a home upstate in Hudson Falls, two days before Christmas in 2006, an employee discovered her supervisor, Ricky W. Sousie, in the bedroom of a severely disabled, 54-year-old woman. Mr. Sousie, a stocky man with wispy hair, was standing between the woman’s legs. His pants were around his ankles, his hand was on her knee and her diaper was pulled down.
The police were called, and semen was found on the victim. But the state did not seek to discipline Mr. Sousie. Instead, it transferred him to work at another home.
Roger Macomber, an employee at a group home in western New York, grabbed a woman in his care, threw her against a fence, and then flung her into a wall, according to a 2007 disciplinary report. He was then assigned to work at another group home.
Mr. Macomber, in fact, was transferred to different homes four times in the past decade for disciplinary reasons. It was not until last year, after he left a person unattended while he went into a store, that he was put on employment probation and eventually dismissed.
Over the past year, the state agency overseeing the homes, the Office for People With Developmental Disabilities, has repeatedly declined to make its top officials available for interviews. A spokesman, Herm Hill, said that the vast majority of the agency’s employees were conscientious, and that its hands were often tied because of the disciplinary and arbitration rules involving the workers’ union. Mr. Hill emphasized that the agency takes allegations of abuse “very seriously.”


For the Developmentally Disabled, Harm in Safe Havens - NYTimes.com

Thursday, March 10, 2011

Mickey Rooney's Tale of Elder Abuse

From the Hill.com

"If elder abuse happened to me, Mickey Rooney, it can happen to anyone."

With this statement last week before the Senate Special Committee on Aging, 90-year old entertainment legend Mickey Rooney focused the nation’s attention on a growing problem that long has remained invisible.

We’ve spent countless billions to extend how long we live, but many fewer resources to ensure safety and well-being in the time we’ve gained. Our failure to address the problem means that millions of our parents and grandparents are paying the price in the form of physical, sexual and psychological abuse, neglect, abandonment, and financial exploitation.

Elder abuse occurs in nursing homes, assisted living facilities, other care settings, and, most often, at home. And it’s deadly, leading to a 300% increase in premature death.

Rooney alleges that his step-son and wife withheld food and medication, isolated and verbally abused him, and controlled his life and assets. Neither fame nor fortune protected him from a fate that befalls untold millions of others.

“I tell my residents,” said Mark Lachs, MD, co-chief of geriatrics at Weill Cornell Medical College, “that of every thirteen older patients they see, odds are, one of them is a victim of elder abuse.”

A just-released New York phone survey conducted by Weill Cornell and colleagues found that 7.6% of people 60+ experienced elder abuse, neglect or financial exploitation in the past year. (A similar nationwide survey found even higher rates.) And these phone surveys can’t capture the elders at greatest risk: those who live in facilities; who can’t answer or don’t have a phone; who are too scared to speak because an abuser is close by, or those with dementia.

Abuse rates among those with Alzheimer’s disease are higher still. A staggering 47% of people with dementia who live at home were abused or neglected by caregivers, according to a 2010 University of California, Irvine study.

Few people in Rooney’s position ever come forward which made his Senate appearance all the more significant. The New York study found that only one of every 23 cases of elder abuse ever comes to the attention of a responsible entity.

Rooney explained it this way: I felt trapped, scared, used, and frustrated. But above all, I felt helpless. For years I suffered silently. I couldn’t muster the courage to seek the help I knew I needed. Even when I tried to speak up, I was told to be quiet. It seemed like no one believed me.

The human suffering exacted by elder abuse is matched only by its immense fiscal burdens. Given its estimated price tag of countless billions/year, we can’t afford not to do something about elder abuse:

Elder abuse increases the likelihood of nursing home admission four-fold, depleting Medicare and Medicaid. Health care providers that bill for care they don’t provide (and neglect frail elders) defraud those programs. Financial exploitation pushes victims whose life savings are stolen to lose homes and rely on public programs for housing and health care. And abusive guardianships squander court resources.

A new Government Accountability Office report released last week found a dearth of resources going to address the problem and a federal leadership vacuum. Our response to elder abuse lags some 40 years behind child abuse and 20 years behind domestic violence, in part because there is no Office of Elder Justice, comparable to federal offices that have for years provided leadership, resources, and sustained attention on child abuse and domestic violence issues. Nor have private funders or not-for-profits stepped forward. The consequences of this systemic neglect are everywhere evident.

The safety net to prevent and address elder abuse is in tatters. In some jurisdictions, Adult Protective Services workers begin fieldwork with less training than a Starbucks employee receives before making her first latte. We don’t know why elder abuse occurs, how much it costs, what practices and programs are effective in addressing it, or how to detect and prevent it. We desperately need more research. Yet, according to the GAO, the National Institute on Aging spent just 1/1000th of its annual budget on elder abuse research. And the situation is similar among other federal or state agencies.

Which takes us back to Mickey Rooney. His testimony has trained a very public spotlight on elder abuse for the first time ever. The question is, will we use this sudden burst of attention to do something lasting? Will Congress and the Administration exert federal leadership, provide resources, and take the necessary smart steps to tackle the problem and build capacity among the fragmented scattershot systems? If Rooney’s dramatic testimony catalyzes such change, it will have been his finest performance yet.


Mickey Rooney's greatest performance - The Hill's Congress Blog

Sentencing announced for record fraud in neglect case

A former employee of the Williamsville Suburban Nursing Home in Amherst, NY was sentenced Monday after pleading guilty to falsifying records to conceal the neglect of a patient.

Deborah Groth, 61, was sentenced by New York State Supreme Court Judge Penny Wolfgang to a three-year conditional discharge and 50 hours of community service. Groth, a former licensed practical nurse (LPN), entered a guilty plea in December to three counts of falsifying business records in the first degree, a class E felony.

Attorney General Eric Schneiderman’s office, which announced the sentencing, said that Groth falsified a resident's records to demonstrate that she had administered an injection of insulin, taken and recorded the resident's vital signs and applied skin treatment when footage from a hidden surveillance camera revealed that she did not perform the procedures.

Groth has surrendered her LPN license and is required to provide the state with a DNA sample, pay a mandatory surcharge of $300 and a $25 victim impact fee

Read more: Sentencing announced in neglect case | Business First Sentencing announced in neglect case | Business First

March is Residents Rights Month

Residents' Rights Month is an annual event designated by the Consumer Voice and is celebrated in October to honor residents living in all long-term care facilities, including nursing homes, sub acute units, assisted living, board and care and retirement communities. It is a time for celebration and recognition offering an opportunity for every facility to focus on and celebrate awareness of dignity, respect and the value of each individual resident. The theme for Residents' Rights Month 2011 is, "Welcome Home: Creating Connections Between Residents and the Community" with the goal of educating the community about residents' rights and to increase community involvement with residents.

The National Consumer Voice for Quality Long-Term Care

Monday, March 07, 2011

Georgia Jury orders health care facilities to pay $9 million in wrongful death

A Walker County jury found Country Crossing Assisted Living, its owner Travis Thompson and Hutcheson Home Heath Care liable in the death of Charlotte Pauline Dean.

Dean died on Jan. 19, 2006 after she was taken to the Hutcheson Medical Center – also known as Hutcheson Home Health. Dean, who had cerebral palsy, had multiple infected pressure ulcers on different parts of her body, her attorney said.

Hutcheson Home Health Care was providing weekly medical treatment, and Country Crossing Assisted Living was hired for around-the-clock care for Dean, her attorney said.

Dean’s family filed a wrongful death suit against the health care facilities, saying they only were treating her for one pressure ulcer, her attorney said.

“I’m very proud of the jury,” Ken Bruce, an attorney with Bruce and Thompson, told the AJC. Bruce was one of four attorneys representing Dean’s family and her estate.

“When you see a verdict like this, by definition it reflects a jury’s belief that there was some very bad treatment and bad conduct by the defendants,” he said.

The verdict came Saturday after a week-long trial in Walker State Court in Lafayette, in northwest Georgia.

The jury awarded $4 million to Dean’s family for pain and suffering and $5.5 million for the wrongful death claim.

The jury also awarded $2,683 in funeral expenses.
Jury orders health care facilities to pay $9 million in wrongful death suit  | ajc.com

Tuesday, March 01, 2011

Proposals to curb nursing home abuse faltering in Ky

Two proposals aimed at preventing and investigating abuse of nursing home patients appear to be dead or stalled in the ongoing state legislative session, according to their sponsors.

In Kentucky, nursing home deaths from neglect and abuse often aren't criminally prosecuted because the coroner isn't called to investigate. But a bill that would require Kentucky nursing homes to report all deaths to the local coroner will not go forward this session because of opposition, its sponsor said.

Rep. Tom Burch, D-Louisville, said he won't call House Bill 69 for a vote in his House Health and Welfare Committee, citing opposition from the nursing home industry and budget concerns from the state's chief medical examiner, Tracey Corey.

Corey has said she would need to hire three medical examiners and support staff to handle the additional death investigations that could result from calling coroners after each nursing home death.

Burch said he tried to compromise with nursing home industry leaders with no success.

"All that I had when they got through compromising was the title (of the bill) and my name on it," Burch said. "I think right now as far as that bill is concerned, it's dead. As much as I want it, I can't move it that fast. I wasn't getting that much support on my committee."

Meanwhile, a bill requiring nursing homes to conduct criminal background checks on all employees appears to be blocked in the Senate. Under current law, employees who provide direct care to residents must have criminal background checks, but custodians, food service workers and others do not.

In 2008, a Lexington nursing home hired a maintenance worker after he had been arrested for sexual solicitation of a minor and kept him on after he was placed on Kentucky's sex offender registry, according to a lawsuit filed against the home.

Read more: http://www.kentucky.com/2011/02/19/1641282/proposals-to-curb-nursing-home.html#ixzz1FOIF1TzfProposals to curb nursing home abuse faltering in Frankfort | Voiceless & Vulnerable: Nursing Home Abuse | Kentucky.com

Thursday, February 24, 2011

Nursing Homes in Massachusetts

Nursing Homes in Massachusetts

McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA

A Sudbury nursing home resident who said she was sexually assaulted by an employee of the home more than a year ago will be allowed to testify at his trial, a judge ruled today.

Ruby McDonough will be allowed to testify against Kofi Agana in his Framingham District Court trial on Jan. 12, Judge Robert Greco said.

McDonough has been diagnosed with expressive aphasia, a condition that makes it difficult for her to communicate verbally or through writing.

McDonough had previously been ruled incompetent to testify by a Framingham District Court judge, but the state Supreme Judicial Court made a ruling that the judge erred by not allowing her to have an aide assist in her testimony.

McDonough, through her lawyer Wendy Murphy, was seeking to have that incompetence ruling overturned. Greco did not specifically overturn the ruling because he said the ruling did not make a judgement about her mental capacity. He said it was a ruling on her ability to testify.

After the ruling, a visibly happy McDonough gave a thumbs up to Murphy.

"The fact that she's being allowed to testify is the same as saying she is competent,'' said Murphy. "She's so happy."

Greco said McDonough will be able to testify with some accommodations, such as yes or no questions and being allowed to take a longer time than usual to answer questions. However, he did not rule how much an expert will be allowed to assist in the testimony.



Read more: Ruby McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA - The MetroWest Daily News http://www.metrowestdailynews.com/archive/x298229494/Ruby-McDonough-allowed-to-testify-in-Sudbury-sexual-assault-case#ixzz1Ew1R6RFaRuby McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA - The MetroWest Daily News

Elder abuse and neglect complaints are on the rise in Massachusetts

BOSTON — Complaints of elder abuse and neglect have risen statewide in recent years while resources to investigate them have failed to keep pace.

Case workers investigated about 16,000 reports of elder abuse or neglect in the year ending June 30, 2009, the most recent statistics available. The data cover people 60 and older in private living environments.

“It could be the economy. It could be any number of reasons,” said Deborah Fogarty, director of protective services for the state Executive Office of Elder Affairs. “We have a rapidly growing population of people who are 60 and over.”

Only when an extreme case of neglect is alleged, as in the case of a 68-year-old Hanover man charged this week with allowing his 93-year-old father to live in squalor, does elder abuse attract widespread attention.

Prosecutors say John T. Hallinan, 68, left his father duct-taped to a chair while he went to work. Police found the elderly man lying in a diaper on the floor in excrement, with sores on his feet.

Hallinan has been charged with assault and battery on a disabled person over 60.

Massachusetts law defines elder abuse as physical, emotional and sexual abuse, caretaker neglect, self-neglect and financial exploitation of a person 60 or older.

There are 22 regional agencies in Massachusetts in charge of investigating cases of elder abuse, and they have a total of 179 case workers assigned to investigate complaints.

After someone files a report of abuse, it is screened by a supervisor at one of the local protective service agencies to determine whether it is covered by the elder abuse law. Cases then are assigned to three priority levels from emergency to routine response.

Emergency cases call for contacting the alleged victim within five hours and visiting within 24 hours. Routine responses involve a home visit within five days.

Protective service agencies can assist elders with medical, legal, psychological, financial and housing assistance. In extreme cases of abuse, they refer cases to local district attorneys.

But investigations can come to an end if the senior refuses to answer the door or declines assistance.

“Self-determination is one of the underlying philosophies,” Fogarty said. “If an elder has the capacity to make decisions and declines an investigation, they have that right.”

Educating members of the community on how to spot signs of elder abuse is a priority of the state and local agencies, Fogarty said. A housekeeper visiting the Hanover residence reported the alleged abuse Aug. 23 after finding the 93-year-old man bound to a chair with duct tape.

Agencies held public events around the state in June to commemorate World Elder Abuse Awareness Day. They also have worked with local banks and trained employees to spot signs of financial exploitation, such as seniors withdrawing large sums of money frequently.


Elder abuse and neglect complaints are on the rise in Massachusetts - Fall River, MA - The Herald News