Jonathan Rosenfeld's Nursing Homes Abuse Blog : Jonathan Rosenfeld's Nursing Homes Abuse Blog | Lawyer & Attorney : Strellis & Field Law Firm | Bed Sores, Senior Neglect, Elder Abuse, Sexual Abuse: Chicago, Illinois

Douglas McGregor, a CNA at an assisted living facility for dementia and Alzheimer's patients, stands accused of raping a 71-year-old woman with whom he was to assist in dressing.  According McGregor, the elderly woman was 'tugging' on his waist line and the button on his pants broke, thereby exposing his genitals because he wasn't wearing any underwear.

The incident, which is to allegedly have occurred on February 17th at Weatherly Inn at Lake Meridian, is currently under investigation by officials at the Washington Department of Health.  Nurse McGregor is in custody at the Norm Maleng Regional Justice and is scheduled to return to court on March 25th, when a trial date may be set.  If convicted, Mr. McGregor may face up to a lifetime sentence. 

Am I the only one who finds the fact that a male CNA is responsible for dressing a female patient a bit unusual?  Perhaps I'm a bit old fashioned, but allowing male employees to dress (and presumably undress) female patients seems to be a violation of their privacy-- not to mention adding an inherent amount of sexual tension.

Read more about this sexual assault in an assisted living facility here.

Related:

Nursing Home Supervisor Admits To Abusing 100 Residents

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

Nurse Charged With Rape Of Disabled Patient

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

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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 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

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Aggravated battery charges have been filed against 49-year-old Sidney Mitchell, after he allegedly 'touched' a 79-year-old Alzheimer's patient at Emporia Manor Nursing Home.  An employee of the nursing home witnessed Mitchell approach the Alzheimer's patient in a TV-room when he began to inappropriately touch her.

Police were called to the Virginia nursing home immediately after the incident occurred and a warrant was soon issued for Mitchell's arrest.  

According to news reports, Sidney Mitchell is a convicted felon with prior larceny charges.  Mr. Mitchell is scheduled for a preliminary hearing on November 4, 2009.  

My Take:

First of all, why is a 49-year-old living freely amongst elderly patients with Alzheimer's?  Regardless, of Mr. Mitchell's criminal history, it generally is a prescription for trouble when facilities co-mingle patients with significant age disparities at the same facility.

Secondly, why to facilities consistently fail to check public records on their patients?  Sure, reporters are eager to get information on their stories, but isn't a quick check of public records justified especially in a cases of a 49-year-old who is living in a nursing home?

Related Nursing Homes Abuse Blog Entries

Failure To Conduct Adequate Pre-Employment Criminal Background Search Costs Assisted Living Facility $750,000

$29 Million Sought From Nursing Home In Case Involving Molestation Of Comatose Resident

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

Young, Mentally Ill Residents Pose Significant Threat To Nursing Home Residents

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Seemingly straight out of the fiction section, another CNA stands accused of punching an elderly person she was responsible for caring for. The Champaign County Sheriff arrested Sharoia D. Hill of Danville, IL, for the aggravated battery of a senior citizen. 

The alleged battery took place at the Champaign County Nursing Home in Southern Illinois, where Hill was a CNA in the Alzheimer's unit.  According to Hill's co-workers, the elderly man involved would not return a gait belt, used to help transfer residents, back to Hill.  In apparent retaliation, Hill punched the man two times with a closed fist.  A co-worker witnessed the abuse and immediately alerted authorities.

Hill has been working at the Champaign County Nursing Home since March 17th.  If convicted of the felony charges, Hill faces two to five years in prison and fines up to $25,000.

Is the facility responsible for the actions of the CNA?

If the facility had knowledge of the CNA's violent tendencies or the facility failed to do a proper background check prior to hiring they may be held responsible for this incident.  If however, the facility had no prior knowledge of this CNA's violent propensities, it is unlikely that they have an legal responsibility in a civil lawsuit. 

Web Resources

Police: Nursing Home Worker Punches Patient, Illinoishomepage.net

Nursing home employee accused of hitting resident, The News-Gazette.com

The National Center For Victims of Crime: Elder Abuse

Nursing Homes Abuse Blog Posts Related To Champaign County Nursing Home

Medicare Fraud Unit To Investigate Illinois Nursing Home

Most Nursing Home Deaths Remain Uninvestigated

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I just got an email from Wes Bledsoe, founder of A Perfect Cause, regarding the Minnesota State's Attorney's indecisiveness in bringing felony charges against the young women who allegedly abused Alzheimer's patients at the Good Samaritan Society - Albert Lea Nursing Home.

Here is a copy of the email.  I encourage everyone to forward this email, as this really is an issue that deserves to be in the headlines.

Here’s your call to action!

Please call Craig Nelson… the Freeborn County Attorney in Albert Lea, MN… as soon as possible today. Please send this appeal to ALL on your email lists… plus ask family, friends, associates, and co-workers to call.

Nelson’s office number is 507.377.5192.

You can even fax him at 507.377.5196. I do not have his email address but anyone who does have it, please send it to me and I will circulate that too.

We invited Nelson to attend the town hall meeting last night. He declined, saying he’d “wait to see what happened in the media and hear from the court of public opinion.”

So… here’s your chance to be the “court of public opinion.”

What do we want?

1.       Felony Charges filed against the alleged assailants

2.       If convicted, the assailants should be required to register as sex offenders

3.       If he chooses not to file felony charges, he should immediately recuse himself and turn the case over to the MN Attorney General’s Office due to a conflict of interest

Why?

 1.       The families of the Good Samaritan Society – Albert Lea (nursing home) victims and many citizens of Albert Lea have asked us for our help.

2.       Nelson has

a.       Charged the alleged assailants of these victims with only class five misdemeanors

b.      Stated the assailants will "most likely will face suspended jail sentences and probation, so they'd have the threat of jail hanging over them if they get in more trouble”

c.       A conflict of interest due to a reported relationship with at least one of the alleged assailant’s families (he therefore should recuse himself and his office from the case)

3.       The alleged assailants are smarter than the County Attorney, as reported the alleged         assailants targeted victims who could not tell on them and if they did, that no one would       believe them

a.       Nelson’s office states the victims are not reliable witnesses

4.       Failure to prosecute physical and sexual battery committed against vulnerable adults by caregivers sends a loud and clear message that it is open season on any long-term care             residents in the future

5.       The alleged criminal acts committed against these elderly and vulnerable adults should be considered as “Hate Crimes”

Background on the case

Larson – Complaint - http://stmedia.startribune.com/documents/2albertlea.pdf?elr=KArks:DCiUHc3E7_V_nDaycUiacyKUU

Broitzman – Complaint - http://stmedia.startribune.com/documents/1albertlea.pdf?elr=KArks:DCiUHc3E7_V_nDaycUiacyKUU

Minnesota Department of Health – Investigative Report - http://www.health.state.mn.us/divs/fpc/directory/surveyapp/ohfcfindings/h5441019.pdf

More to Come

Yes, I am upset about the State of Minnesota and CMS’ policy to cite ZERO deficiencies if facilities “self-report” and “offer an acceptable plan of correction.” These agencies will be our next target, but I want to give them an opportunity to talk and modify this policy before we move on them.

Yesterday was an incredible experience. We met with two families… had seven television interviews throughout the day… two print media interviews… met with an ally who is funneling information to us… plus the town hall meeting.

Here’s what the media had to say about…

Last Night’s TOWN HALL MEETING

Star Tribune

Families sound off on abuse at Albert Lea nursing home

http://www.startribune.com/local/36022444.html?elr=KArksUUUU

Albert Lea Tribune

http://www.albertleatribune.com/news/2008/dec/12/residents-respond-alleged-abuse-case/

Advocate stirs debate on elder case

KIMT

Good Samaritan Abuse Charges Get National Attention

http://www.kimt.com/news/local/36024879.html

FOX 9

Town Hall Meeting Addresses Albert Lea Nursing Home Abuse

http://www.myfoxtwincities.com/myfox/pages/News/Detail?contentId=8054920&version=4&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

KXMC

Minn. nursing home hit hard by abuse allegations

http://www.kxmc.com/News/308028.asp

WCCO

Nursing Home Hit Hard By Abuse Allegations

http://wcco.com/health/nursing.home.abuse.2.885548.html

KSTP

Minn. nursing home hit hard by abuse allegations

http://kstp.com/article/stories/S702828.shtml?cat=1

KAAL

Family Members Speak Out on Nursing Home Abuse

http://kaaltv.com/article/stories/S702744.shtml?cat=10151

KTTC

Family member appalled over nursing home charges

http://www.kttc.com/global/story.asp?s=9508954

KARE 11

Albert Lea community speaks out about nursing home allegations

http://www.kare11.com/news/news_article.aspx?storyid=531759&catid=14

Yes… we can… and together… we are… making a difference!

Many thanks for all!

Wes

Wes Bledsoe

Citizens’ Advocate & Founder

A Perfect Cause

1501 N. Broadway Blvd., Bldg B

Oklahoma City, OK 73103

C – 405.308.3858

C – 405.802.2903

Wes@APerfectCause.org

www.APerfectCause.org

Our Mission - To End Needless Suffering & Preventable Deaths

 "A Perfect Cause must produce a perfect effect."

Science of Mind, Dr. Ernest Holmes

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The family of a man suffered from dementia and has filed a wrongful death lawsuit against the nursing home responsible for his care.  The man was killed after he was struck by a CSX train.  The lawsuit names Heartland of Charleston nursing home and its parent company Health Care and Retirement Corp. of America LLC.  The lawsuit alleges the nursing home failed to:

• Provide adequate supervision to the man
• Follow facility protocols for missing residents
• Secure the facility
• Failed to use security cameras on the property to locate the man

The lawsuit highlights the tragedy that may result if a nursing home fails to monitor its Alzheimer's and dementia residents.  Nursing homes should not only identify residents who are prone to wander, but also have safeguards in place to keep individuals safely within the confines of the facility.  Nursing homes housing residents with dementia and Alzheimer's should have: door locks, window locks, security alarms and extra staff to ensure the residents remain safe and under supervision.  Read more about this wrongful death lawsuit here.

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A certified nurses assistant (CNA) is now behind bars following a brutal episode at Ashley Manor, a Colorado nursing home.  According to local police, 23-year-old Kalen Randolph stuck an Alzheimer's patient multiple times before fleeing the facility altogether and leaving all the residents of the facility unattended.  The 74-year-old victim suffered injuries to his head, ear and hand.  Mr. Randolph is charged with eight counts of neglect and one count of second degree assault.  Read more about this incident of nursing home abuse here.

How do things like this happen in facilities today?  How can a facility allow one person to care for all the residents by themselves?  What would happen if this were a medical emergency or fire and the sole nursing home employee was responsible for the care and safety of all residents?  No one is asking me, but having a facility staffed by one person seems like trouble on so many fronts.

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I came across this article regarding the abuse of Alzheimer's patients at a Minnesota Nursing Home --the extent of mistreatment makes me sick.  According to a Minnesota Department of Public Health report, 15 residents of the Good Samaritan Society Nursing Home fell victim to ongoing physical and psychological abuse of 4 teenage nursing assistants.  Since the results of the investigation have been disclosed, the employees have been terminated.

The employees were terminated party due to cooperation of a 5th teenage girl implicated in the investigation.  According to the teenage girl, the foursome victimized residents suffer from dementia or related disorders such as Alzheimer’s disease. The report alleges the following incidents of physical abuse and neglect:

• spitting in mouths
• poking breasts and nipples
• putting fingers in mouths
• touching and tapping genitals
• sticking rear ends in faces
• rubbing buttocks
• rubbing penises
• touching perinea
• anal insertion
• holding residents down
• teasing residents

This story is important because it demonstrates a culture of neglect that has developed in many nursing home.  The fact that multiple employees were involved in this incident makes me very skeptical that the nursing home administrator knew nothing if this criminal behavior.  Adding fuel to the fire, an employee told investigators that two of the girls had been “bragging about this for the past one to two months.”

There are 230 Good Samaritan Society locations nationwide, with several across Minnesota. Its full name is the Evangelical Lutheran Good Samaritan Society, but it is not part of the Evangelical Lutheran Church of America. The nonprofit company is based in Sioux Falls, S.D.

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This report of an Alzheimer's patient who was sexually assaulted by her co-resident (a registered sex offender) demonstrates the extreme vulnerability of nursing home residents with dementia and Alzheimer's.  Nursing home's must take extra precautions when handling Alzheimer's patients.  Unlike most nursing home residents, who are capable of most daily living needs, many with Alzheimer's are completely dependent on the nursing home staff for every need- feeding, bathing, medication and toileting.

What makes this story particularly disturbing is that the 'victim' of the sexual assault is probably incapable of identifying the perpetrator.  Consequently, there is a chance that this individual could commit a similar crime again against another nursing home resident.  Nursing homes must begin to take precautions to protect their residents. 

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Old?  Weak? Tired? Have dementia?  The answer to these ailments in some nursing homes is to prescribe antipsychotic drugs to subdue any signs of energy and life left in residents suffering from Alzheimer's and other forms of dementia.  A whopping one-third of all nursing home residents are prescribed antipsychotic drugs such as: Risperdal, Seroquel and Zyprexa.

Prescription of antipsychotic drugs is big business for their makers.  Sales of Risperdal, Seroquel and Zyprexa have more than tripled from 2000 to 2007.  Dispensation of the drugs is also often profitable for the facilities where the patients reside.  Every time medication is given, it is an opportunity for a nursing home to charge.  Most often the charges are tacked onto the Medicare and Medicaid tab.

Use of antipsychotic drugs continues despite recent studies that have demonstrated their ineffectiveness in Alzheimer's patients with aggressiveness and delusions.  The wide spread use of antipsychotic drugs covers up the fact that most facilities are understaffed.  It is far easier to have a patient down a couple of pills than to provide skilled nurses, psychiatrists and therapists to treat their underlying needs.

Read the full New York Times article on overuse of medication in dementia here.

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