Nursing Homes Abuse Blog - By Jonathan Rosenfeld

Shesshh.... Don't let the violent offenders living amongst innocent nursing home patients in Illinois know that the Attorney General and local police agencies may soon be hunting them down!

Seriously, as Illinois gets ready to introduce new nursing home safety bills, law enforcement facilities have announced a renewed push to track down unregistered felons, sex offenders and parole violators.

Illinois' officials are really stepping up their focus on nursing home safety after a series of newspaper articles highlighted the how Illinois nursing homes house a significant number of young patients with psychiatric records --- including more than 3,000 with felony records

As a nursing home lawyer who has represented nursing home patients who are the true victims of this situation, I certainly applaud any effort to make nursing homes safer.  The people are in the best position though to help ensure the safety of nursing home patients are the owners and administrators of these facilities.  

While I am hopeful that the new scrutiny Illinois nursing homes have been under will improve patient safety, my guess is that until we begin to impose more responsibility for patient safety on the shoulders of nursing home owners and operators, the string of nursing home violence will continue.

Read more about the new safety push in Illinois Nursing Homes here.

Related:

Mentally Disabled Patients Are Easy Targets For Abuse In Institutional Settings

Patient Beaten To Death At Nursing Home With Long History Of Safety Violations. Should This Facility Really Be Considered A Skilled Nursing Facility Or Simply A Haven for Thugs?

Illinois Nursing Home Task Force Holds Public Meeting Today

New Website Provides A One-Stop-Shop For Families In Need Of Assistance Selecting A Nursing Home

I think most people would be amazed if they became aware of how many injuries and deaths were cased by an employee's failure to follow basic orders.  This time, a hospital employee's failure to follow basic instructions related to a patient's dietary needs has cost another patient their life.

Ignoring doctors orders, an employee at Mayers Memorial Hospital gave a meat and cheese sandwhich to an Alzheimer's patient who was unable to eat solid food.  Left unattended with the sandwhich, the patient literally 'inhaled' the sandwhich.  Five days later, the patient died from pneumonia caused by inhaling food.

According to California Department of Public Health Director, Dr. Mark Horton, "The facility failed to protect the heath of a patient when the prescribed diet ordered by the phyisician and in the patient's care plan was not followed.  As a result, the patient died."

The California Department of Public Health issued a AA citation and a $50,000 fine to the hospital following its investigation.

Read more about this choking incident here.

Pneumonia from inhaling food?

Yes.  Many nursing home and hospital patients develop 'aspiration pneumonia' when food or foreign materials enter the bronchial tree (lungs). Aspiration pneumonia may result after oral or gastric contents (including food, saliva, or nasal secretions) are inhaled. Depending on the acidity of the materials inhaled, a chemical pneumonitis can develop, and bacteria may add to the inflammation.

New reports to be issued following a Senate investigation and results from a clinical trial appear to further solidify the dangers associated with Avandia (rosiglitazone).  As cited by The New York Times, the reports conclude that if Avandia patients switched to a similar diabetes drug, Actos, approximately 500 heart attacks and 300 cases of heart failure could be avoided every month.

These recent studies are just the latest in an extensive series of studies that have been critical of both the side-effects associated with Avandia and GlaxoSmithKline's knowledge of the health risks when it aggressively marketed the drug.

The Senate investigation revealed:

• A 2003 study, sponsored by GlaxoSmithKline, diabetics who took Avandia had far more heart problems than those given placebos.
• In 2003, the World Health Organization sent GlaxoSmithKline an alert of the problems associated with Avandia
• In 2004, European regulators ordered Glaxo to conduct a study into Avandia's safety following the reports of problems associated with Avandia
• In 2006 and 2007, broad-based studies of Avandia patients concluded that there were major safety concerns and the results were communicated to the FDA

As lawyers who frequently represent the elderly, we have many clients who have taken Avandia at some point in their lives-- and at this point they are rightfully concerned.  Avandia has been linked to two types of edema (swelling or accumulation of fluid). Peripheral edema is swelling of the extremities due to fluid buildup. Macular is the swelling and protein buildup in the eye area.

The edemas have been linked to congestive heart failure and heart attacks. Studies suggest that there is a 43% increase in having a heart attack in people who have taken Avandia than the general population.

In addition to heart problems, Avandia has been linked to the following adverse medical conditions:

• Blurred vision
• Decreased visual acuity
• Liver problems
• Weight gain
• Jaundice
• Hypoglycemia

If you have concerns regarding your legal rights related to Avandia usage, we would be honored to speak with you.  (888) 424-5757

Related:

Have You Suffered An Injury After Taking Avandia?

Research Ties Diabetes Drug to Heart Woes, New York Times, February 20, 2010

There's been a lot of discussion recently regarding a New York Times article that details patient care at long-term acute care hospitals-- a relatively new type of medical facility for patients requiring long-term medical care.  Although these long-term care hospitals have many similarities to traditional nursing homes, they are structured to take advantage of Medicare reimbursement rules that pay higher rates of reimbursement for treating chronically-ill patients. 

The Times, article chronicles, Select Medical Corporation and Kindred Healthcare, publicly traded companies that run long-term hospitals across the country.  While long-term care hospitals may be more profitable than traditional facilities, the facilities are littered with problems related to patient care:

• In 2007 and 2008 Select Hospitals were cited for serious Medicare violations at a rate four times higher than regular hospitals.
• In the last three years, Medicare inspectors found 22 serious violations at 12 Select Hospitals
• More patients who develop bed sores during their admission
• More serious infections during their admissions-- In 2006, 9 out of 1,000 Medicare patients developed serious infections while during a stay at long-term hospitals compared with an infection rate of fewer than 3 out of 1,000 patients in more traditional hospital settings

In addition to using Medicare reimbursement to their advantage, the key to long-term hospitals profitability stems from stripping staff levels to bare-bones levels.  For example, unlike traditional hospitals, most Select Specialty Hospitals do not have physicians on staff.  Select Medical recently advised investors that it improved margins by 'monitoring staffing levels and lowering supply costs'. 

Recognizing the profitability of long-term care hospitals, the industry has rapidly expanded.  Today there are more than 400 long-term hospitals compared with just 10 in the 1980's.  Similarly, long-term hospitals are expected to bill Medicare $4.8 billion compared with just $400 million in reimbursements in 1993.

Rather than impose more regulations on long-term hospitals, Medicare implemented a three-year moratorium on new  long-term care hospitals in 2007.  The moratorium will expire in December of this year.  In the meantime, let's hope this profit-drive industry receives more regulation.  

Related:

Hefty Fine Imposed On A Kindred Nursing Home For Failing To Report Potential Abuse To Authorities

Caring For The Elderly Pays... Especially If You Own The Nursing Home

What's In A Name? Are Large Nursing Home Chains Intentionally Attempting To Deceive The Public When It Comes To Corporate Ownership?

Select Medical Corporation Response To New York Times Article: Select Medical v. The New York Times: Here are the Facts

Many older adults choose to stay in their homes or a family member’s home instead of living in a nursing home or long-term care facility.  However, this decision can be difficult if not supported by home-based medical services and respite care. 

The Illinois Older Adult Services Act (320 ILCS 42) helps support older adults who want to stay in their homes by restructuring older adult services including home-based services.  The legislation is intended to “promote a transformation of Illinois’ comprehensive system of older adult services from funding a primarily facility-based service delivery system to a primarily home-based and community-based system.” 

The Illinois Department on Aging (IDoA) leads the effort to improve the state’s long-term care system for Illinois’ older adults.  The Department began restructuring older adult services in late 2004.  The restructuring is being performed in order to promote the right of older adults to live out their lives with dignity, retaining their autonomy, individuality, privacy, independence, and decision-making ability.  To support this goal, the IDoA developed the Nursing Home Conversion Program, which aims to reduce Medicaid’s reliance on nursing homes by reducing the number of Medicaid-certified nursing home beds in areas with excess beds, then re-allocating the savings to support home-based and community-based services for older adults. 

Expanding older adult services and delivery is necessary to support older adults’ right to control their care and remain in their homes.  This includes supplementing family caregiver support, improving quality standards, developing strategies to retain a qualified and stable pool of workers, better coordinate service networks, and identify and address barriers to service. 

According to the Older Adult Services Act, the IDoA Older Adult Services Act (OASA) Advisory Committee must submit an annual report to the Illinois General Assembly at the beginning of each year to notify the General Assembly of its progress toward compliance with the Act, summarize work completed in the previous year, identify impediments to progress, and identify recommendations requiring legislative action.  The 2010 OASA Annual Report stresses that successful implementation of the Act will require the OASA Advisory Group, IDoA, Illinois Department of Public Health, and Family Services to work together to transform Illinois’ long-term care system.  The report also acknowledged that “the state’s fiscal condition may limit the extent to which immediate goals may be implemented.”  This means that in the meantime, older adults will probably not receive any improvements in care or support services.  As a result, many older adults will be forced into long-term care facilities, so they can receive the necessary health

The Illinois Older Adult Services Act is in place to help support older adults who want to stay in their home as opposed to long-term care facilities.  The Act aims to improve home health services and the delivery of such services in order to support older adults who remain at home.  However, the most recent OASA report acknowledges that the state’s money issues may hinder the goals of the Act and its implementation.  Because of this, many older adults in Illinois will be forced into long-term care facilities. 

Special thanks to Heather Kiel, J.D. for her assistance with this Nursing Homes Abuse Blog entry. 

Sources:

ILGA: Older Adult Services Act, 320 ILCS 42

Illinois Department on Aging: Older Adult Services Act

Illinois Department on Aging: Overview: Older Adult Services Act

Illinois Department on Aging: Older Adult Services Advisory Committee Annual Report to the General Assembly 2009

Illinois Department on Aging: Older Adult Services Act: Resources and Links

In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing.  In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws.  Nursing Home Injury Laws, provides every states':

• Nursing Home Laws
• Medical Malpractice Laws
• State Resources
• Applicable State Code
• Common Nursing Home Injuries
• Glossary
• Recognized Books & Journals
• Nursing Home FAQ

Additionally, we will be posting regular updates regarding important developments relevant to nursing home care within each state.  Here is a link to Nursing Home Injury Laws.

The effectiveness of feeding tubes in dementia patients is questionable-- according to a study to be published in the Journal of the American Medical Association.  The study carried out by Dr. Joan Teno evaluated a sampling of nursing home patients who had been admitted to acute-care hospitals between 2000 and 2007.  In addition to a questionable improvement in the quality of life of dementia patients, the study determined that this group was more likely to receive a feeding tube if they received medical treatment at large, for-profit hospitals.

Feeding tube use amongst dementia patients is extremely common.  According to a Business Week article, more than one-third of dementia patients in nursing homes currently have feeding tubes, with the majority of those being inserted during an acute care-hospitalization.

One reason possible reason for the frequency in the insertion of feeding tubes during acute hospitalizations may be due to the fact that when dementia patients enter a new environment-- such as an acute-care hospital, they have a difficult time adjusting to the new environment and may not immediately eat.

"They often get very stressed out, have disruptive behavior, get medications to treat that behavior, which leads them to developing bed sores and problems with eating, which leads to having a feeding tube inserted," according to Teno. "Part of what we need to do is align the incentives to keep frail older dementia patients in the least restrictive setting that will provide the best medical care."

As an alternative to feeding tubes, some experts suggest 'spoon feeding' patients.  Using a spoon feeding method, a person literally feeds the person with a spoon at his or her own pace.  Some experts suggest that spoon feeding may not necessarily prolong the life of the individual, but it can improve the quality of it. 

Patients who have feeding tubes in a nursing home or hospital setting are at risk for a variety of medical complications including:

Gastroesophageal reflux caused from gastric juices being forced back into the esophagus can occur with feeding tubes because the tubes sometimes cause a delay in the emptying of the stomach. This means that a person has to have more frequent, smaller feedings.

Clogging: Most feeding tubes are very narrow, and commercial tube feeding formulas such as Ensure, are designed so that they will not clog the tube; they are not too thick and do not leave a residue. Most formulas are designed to have water added to them to ensure that the patient is receiving enough dietary water, and to further thin the formula for ease of use. Staff should flush the tube with water before and after feedings, or after medications have been administered through the tube.  The use of noncommercial formulas is discouraged, because there is a greater likelihood that they will contribute to clogging. After the tube is placed, a registered dietitian or a nurse who specializes in nutrition should assess the patient to determine their nutritional needs, the amount of calories, protein, and fluids that will be necessary, as well as the most appropriate nutritional formula and how much of that formula will be needed each day. 

Nausea and vomiting is a common problem with feeding tubes. It occurs when liquid food is administered to an individual through a tube too quickly, or when the formula provided through the tube is too high in protein and/or calories. Migration (shifting) of the tube, bacterial infections and air in the stomach can cause nausea and vomiting as well.

Leakage is a complication of feeding tubes that occurs typically because the size of the stoma around the tube has increased, or because the position of the tube is improper due to bad placement or general shifting. This problem sometimes requires replacement of the tube, and it forces an individual or attending physician to keep the stoma clean with protective gauze and ointment.

Constipation occurs frequently with feeding tubes because the liquids that are administered through the tubes don't always have as much bulk or fiber as normal foods. Without fiber, an individual's digestive system has trouble retaining enough fluid and staying regular enough to produce frequent bowel movements. This problem means that the individual either has to find a way to introduce liquids that are higher in fiber through the tube (which can increase the risk of the tube clogging), or she has to take medications to relieve constipation.

Choking / Aspiration can occur if an individual is administered food through a feeding tube while in an improper position. This can result in choking, coughing and pneumonia. These, in turn, can aggravate the stoma, because the abdominal wall is forced to engage forcefully during a cough or sneeze. The aggravation of the stoma can lead to further infection. Most medical professionals suggest feeding patients when they are as up-right as possible to avoid aspiration on the food.

Many of these problems can be avoided when facilities employ adequate numbers of properly trained staff.  Consequently, if you have a loved one who require tube feeding, it is important to check with the facility to make sure they are accustomed to handling patients with these medical needs.

Resources:

Too Many With End-Stage Dementia Get Feeding Tubes, BusinessWeek, February 9, 2010

Common Complications of Tube Feeding

Nursing Home Staff Must Pay Special Attention To Avoid Complications When Caring For Patients Dependent On Feeding Tubes

Less than a week after federal and state funding was pulled from Somerset Place, officials have moved westward to the Fox River Pavilion in their crackdown of poor nursing home care in the Chicagoland area.  Fox River Pavilion has received much scrutiny lately after reports of violence at the facility.  On December 17th, a patient at the Aurora, IL nursing home was killed in a fight with another patient.

Under-staffing was a primary reason why officials chose to pull funding from this facility.  A patient at Fox River told authorities, "Like today, you see there is really no staff around. There have been days, no staff present."

Furthermore, in the course of conducting its survey of the the facility, the Illinois Department of Public Health, Fox River Pavilion was home to 26 convicted felons. 

Over the last 20 years, federal and state legislatures have drafted many laws with the intention of protecting the most vulnerable members of our society-- they elderly.  As the laws accumulate, it is important to know what laws apply to particular situations of abuse or mistreatment and how to properly apply them to particular situations.

What is elder abuse?

Elder abuse is the abuse, neglect, and financial exploitation of elderly persons. Older adults are particularly vulnerable to this type of abuse because of their isolation, illness, or fear. In the United States, an estimated 1 to 2 million Americans age 65 and older have suffered from abuse.

In Illinois, an estimated 76,000 persons over age 60 suffer from elder abuse, but only 10,000 elderly victims report this abuse to the Elder Abuse and Neglect Program each year. The 2008 Illinois Elder Abuse and Neglect Program Annual Report, Demographics reveals that of reported cases of abuse in Illinois in 2008: almost one in four victims are age 86 or older, the most common report received involved financial exploitation followed closely by emotional abuse, 77% of abusers were either the spouse, child, or other relative, and 70% of victims were female.

What is the Elder Abuse and Neglect Act?

The Elder Abuse and Neglect Act (320 ILCS 20/1 et seq.) is an Illinois law established to “design and manage a program of response and services for persons 60 years of age and older who have been, or area alleged to be, victims of abuse, neglect, financial exploitation, or self-neglect.” This program is administered by the Illinois Department on Aging and is coordinated locally through 45 provider agencies. The Program provides investigation, intervention, and follow-up services to victims of elder abuse.

The Elder Abuse and Neglect Program responds to the following types of abuse (320 ILCS 20/2(a)):

Physical abuse – inflicting physical pain or injury upon an older adult

Sexual abuse – touching, fondling, intercourse, or any other sexual activity with an older adult who is unable to understand, unwilling to consent, threatened, or physically forced

Emotional abuse – verbal assaults, treats of abuse, harassment, or intimidation

Confinement – restraining or isolating an older adult, other than for medical reasons

Passive neglect – caregiver’s failure to provide an older adult with life’s necessities (food, clothing, shelter, medical care)

Willful deprivation – willfully denying an older adult medication, medical care, shelter, food, therapeutic device, or other physical assistance which exposes that person to the risk of physical, mental, or emotional harm

Financial exploitation – misuse or withholding of an older adult’s resources by another, to the disadvantage of the elderly person, or the profit or advance of someone else

In order to encourage people to report elder abuse (call Elder Abuse Hotline at 1-866-800-1409), the Act provides that a person who reports suspected elder abuse in good faith or cooperates with an investigation will be granted immunity from criminal or civil liability or professional disciplinary action and their identify will not be disclosed without written permission or a court order. The Department on Aging, Office of Elder Rights started a campaign called Break the Silence (brochure) to increase public awareness of elder abuse.

Illinois law requires that persons delivering professional services to older adults (social services, adult care, law enforcement, education, medicine, state service to seniors, and social workers) report suspected abuse of older persons who are unable to report for themselves. This mandatory reporting requirement only applies if the reporter believes that the older person is not capable of reporting the abuse themselves. Any physician who willfully fails to report as required by the Act is referred to the Illinois State Medical Disciplinary Board. Any other mandated reporter required by the Act who willfully fails to report is guilty of a Class A misdemeanor.

The Department also encourages people to report suspected elder abuse even when not required. If the older person is a nursing home resident, reports are made to the Illinois Department of Public Health’s Nursing Home Hotline (1-800-252-4343).

Applicability of Elder Abuse & Neglect Laws to Nursing Homes and Group Homes

Nursing homes and group homes are intended to provide a safe and secure home for your family members when they are unable to live on their own or need special care and services. These facilities promise to take care of our loved ones with the care, respect, and safety that they deserve. However, many cases of elder abuse and neglect occur in these very facilities.

Illinois nursing homes are subject to federal and state laws including the Illinois Nursing Home Care Act (210 ILCS 45), which establishes minimum standards for the facility. The Illinois Department of Public Health (IDPH) is responsible for licensing nursing homes in order to ensure that they provide adequate and proper care for their residents. In addition, Illinois nursing home residents are guaranteed certain privileges according to the rights and protections afforded under State and Federal law (Resident’s Rights brochure).

When you enter a long-term care facility, you maintain the right to safety and good care, privacy, manage your own money, participate in your care, safety of your personal belongings, and keep living in your facility. It is important to remember that you do not lose your rights just because you enter a nursing home facility.

One of the most important rights you have is freedom from abuse, neglect, financial exploitation, and self-neglect. If a nursing home employee, medical worker, social services worker or other mandated reporter who is engaged in carrying out their professional duties suspects that a nursing home resident is being abused or neglected, they have the responsibility to report their suspicions to IDPH under the Elder Abuse and Neglect Act. Additionally, any person who suspects abuse or neglect may also voluntarily report their suspicions to IDPH.

IDPH is responsible for investigating allegations of abuse or neglect in long-term care facilities, including: nursing home facilities, assisted living facilities, group homes or residential care facilities for the elderly (RCFE). When a mandated reporter or any other person who suspects elder abuse reports an allegation to IDPH, an investigator responds to the complaint to ensure that the elderly person is not living in an abusive situation. An investigator will usually visit the facility in question and perform a face-to-face assessment with respect to a complaint report along with any casework and follow-up as required by Department protocols.

If you suspect that an older adult, age 60 or older, is being subjected to abuse, neglect, or exploitation, it is important to report your suspicions to the Illinois Department on Aging or the Illinois Department of Public Health if the person is a nursing home resident. Older adults, especially those with mental disabilities or illness, are particularly vulnerable to abuse and neglect. It is important to be vocal proponents of the safety and well-being of older adults to ensure that they receive adequate care and services while maintaining their rights.

Resources:

ILGA: Elder Abuse and Neglect Act
State of Illinois: Elder Abuse and Neglect Act and Related Laws
Illinois Department on Aging: Resident’s Rights Brochure
Senior Services Inc: Elder Abuse Intervention

Related Nursing Homes Abuse Blog Entries:

A Legal Victory For Nursing Home Residents. State Laws Can Supersede Federal Arbitration Act

Elder Abuse: Why Bruises Can Be Tell-Tale Signs Of Poor Care

Bone Fractures In The Elderly Require Special Attention To Improve Recovery & Prevent Complications

A recently filed lawsuit against Golden Living Centers in Merrillville, IN alleges that a CNA at the facility entered the room of a paralyzed stroke patient, took his clothes off and fondled the man against his will. 

The CNA identified as, Ismael Golden, also faces criminal charges related to the alleged sexual abuse.  In addition to this incident, Mr. Golden is also accused of sexually assaulting another patient at the Indiana nursing home.

Read more about this case of alleged sexual abuse at a Golden Living Center here.

Related:

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

Nurse Charged With Rape Of Disabled Patient

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit

Update On Nursing Home Rape: Facility Made Errors In Investigation Of Incident

Golden Living Partners With Microsoft To Help Manage Patient Medical Records

Respite Care means the intermittent and temporary care for frail or disabled adults on behalf of the primary caregiver in order to provide relief and support. It is an important aid for families who care for older family members so that they can run errands, work, take care of personal matter, or even give them some time off to relax. This allows you to care for family members without having to institutionalize them. 

Caregiving requires large amounts of time, emotion, and money. It can be very stressful, which can lead to situations of abuse, neglect, financial exploitation, or even feelings of resentment. This is why having programs that offer respite care are so important to ensure that you give your family members the care they deserve while allowing you some time to yourself. 

Respite care comes in many forms; it can be managed through national organizations such as The Arc, Easter Seals, and United Cerebral Palsy, provided by local organizations such as churches, schools, and non-profits, or even arranged with neighbors or people the family knows. The services provided depend on the provider, the needs of the family, and available funds. In addition, respite care can be planned or provide emergency relief to the caregiver. 

In-home respite care means care provided by a trained paid worker providing short-term intermittent care, supervision, or companionship to the frail or disabled adult in the home while relieving the caregiver. In-Home respite care can consist of:

• Home-based services
• Sitter-companion services
• Parent-trainer services

Out-of-Home respite can consist of:

• Family Care Homes
• Respite Family Day Care
• Respite in Corporate Foster Home Settings
• Residential Facilities
• Parent Cooperative Model
• Respitality Model
• Hospital-Based
• Camps

It is important that respite care workers receive proper training in order to provide quality care and assistance to your elderly or disabled family members. Elderly persons are at risk for abuse, neglect, and financial exploitation, which makes it even more important to take care when choosing respite care workers. You must have peace of mind when leaving your loved ones with a respite care worker, so you know that they are receiving 

In Illinois, the Respite Program Act (320 ILCS 10) acknowledges the importance of respite care and helps provide affordable and appropriate in-home respite care services. The Director of the Illinois Department on Aging (IDOA) is in charge of administering a program of assistance to persons in need to deter the institutionalization of frail or disabled adults. The Act provides that respite care workers should be appropriately trained to provide in-home supervision and assistance to a frail or disabled adult. 

As part of the 2000 National Family Caregiver Support Program, Illinois was given $4.7 million to develop the Caregiver Support Program, part of which is intended to lead family caregivers to respite care to enable them to be temporarily relieved from their caregiving responsibilities. There are Caregiver Resource Centers (Region 12 – City of Chicago) across the state which can help you located services. In 2009, the Illinois Department on Aging received a $200,000 federal grant to improve the state’s respite programs.  Also in 2009, the IDOA implanted its three-year Lifespan Respite Project in collaboration with the Illinois Respite Coalition and other state and private organizations in order to improve respite care by establishing a statewide listing of respite services and train respite providers and volunteers. 

Deciding whether or not to institutionalize a family member is a difficult and personal choice. If you do decide to offer care to an elderly or disabled family member in your home, there are respite care programs that can offer much needed relief and support. 

As lawyers who frequently represent the elderly, I see many individuals mistreated or neglected in a respite-care-setting.  The majority of the time we see an injury occurring in these situations, is probably due to an unfamiliarity between the temporary caregiver and the patient. 

In order to make respite stays as easy on the facility and the individual, I suggest the following:

• Visit the respite care facility on your own and with your loved one (if possible) before the respite visit
• Make sure the facility regularly handles respite care stays
• Try to be consistent with the facilities or individuals you use for respite care
• Communicate your loved one's needs to the staff
• Bring photos or other familiar keepsakes to the respite care facility
• Don't hesitate to make a brief phone call to check in during the respite stay

Sources:

ILGA: Respite Program Act

DHHS: Respite Care

Illinois Department on Aging: Caregiver Support Program

Administration on Aging: Lifespan Respite Care Program

After the well publicized abuse of elderly patients at the Good Samaritan Nursing Home in Minnesota, some of the patients who were victimized have filed a civil lawsuit against the nursing home and the individual nurses involved. 

Prosecutors have already filed criminal charges against two young woman who tormented many of the Alzheimer's and dementia patients they were responsible for caring for.  The criminal investigation revealed that these derelict CNA's were repeatedly abusing Good Samaritan patients over a six month period in 2008.

While employers are generally not responsible for the intentional acts of their employees, lawyers for the nursing home patients will argue that the abuse instituted by the nurses continued for such a long period that the nursing home knew or should have know of the sexual abuse taking place at their facility.

Given the fact that many of the young women who were involved in this situation were 18-years-old, I find any argument by the nursing home operator that these women were acting on their own and did not require supervision laughable. 

As a lawyer who has represented victims of sexual abuse, I find these "I didn't know" arguments made by employers heartless and insincere.  I'll bet that if these young women were working a cash-register at this facility and were regularly taking money from the company coffers, the company would have stopped their conduct a lot quicker!

Read more about this nursing home lawsuit here.

Related Nursing Homes Abuse Blog Entries:

Girls Gone Wild In Minnesota Nursing Home

Nursing Home Abuse Charges Filed Against Teenage Workers

Forwarded Email From A Perfect Cause Re: Abuse At Albert Lea Nursing Home

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient