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

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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As the number of older adults increases, families are faced with the question of where their parents and grandparents will receive the best care. 

The answer for many families is to keep their family members at home. Many older adults who live at home require home health services, home nursing services, and in-home support services in order to maintain a high quality of life. 

Although home care nursing affords seniors more flexibility, the lack of a structured setting makes them particularly susceptible to elder abuse, neglect, and financial exploitation-- especially at the hands of unqualified or dangerous in-home caregivers. 

About 7.5 million individuals receive long-term care at home because of an acute illness, long-term health condition, permanent disability, or terminal illness according to the American Association for Long-Term Care Insurance. This is significantly more than the 1.5 million individuals in nursing homes and 1.1 million individuals in assisted living facilities who receive similar care for the same types of conditions. 

In order to protect individuals who receive health services at home, some states such Illinois, have passed laws to protect seniors who receive care in their homes.  Illinois' Home Health, Home Services, and Home Nursing Agency Licensing Act (210 ILCS 55) ensures that people who receive home health services, home nursing services and in-home support services at their residence are granted consumer protection and quality care. The Act establishes and enforces standards for services and care. 

In addition, all home nursing agencies must be licensed by the Illinois Department of Public Health as one or more of the following entities: home health, home nursing, and home services agencies. One requirement for licensure is compliance with the requirements of the Health Care Worker Background Check Act (225 ILCS 46), which helps protect frail and disabled citizens through a criminal background check of health care workers. A licensee of an agency that violates of the Home Health Licensing Act may be subject to penalties or fines of $100 per day starting on the date of the violation and ending on the date the violation is corrected. 

No doubt about it, legislation applicable to home nursing certainly provides a foundation for patient safety.  Nonetheless, as the demand for home nursing continues to grow, many companies that provide home nursing care will cut corners with respect to screening and training their workers in order to satisfy the demand.

If your loved one has suffered an injury or abuse at the hands of a home care worker, you should immediately report the situation to law enforcement.  Many of these tragic situations give rise to civil lawsuits against these home care agencies.  As always, you can talk candidly with our lawyers about your legal options for free.  Only if we are successful recovering money on your behalf, will we accept a fee. (888) 424-5757

Sources:

Illinois General Assembly: 210 ILCS 55 Home Health, Home Services, and Home Nursing Agency Licensing Act

Illinois General Assembly: Administrative Code, Part 245 Home Health, Home Services and Home Nursing Agency Code

Illinois General Assembly: 210 ILCS 46 Health Care Worker Background Check Act

Medical News Today: New Study Reports Three Times More People Receiving Health Care Support at Home Rather Than in Nursing Homes or Assisted-Living Facilities

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