Nursing Home Operator And CNA's Named As Defendants In Civil Lawsuit After Sex Abuse Scandal

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

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

A lawsuit has been filed against the LaSalle County Nursing Home by the guardian of a female patient at the facility who was sexually abused by male patient at the facility.  

The lawsuit alleges that between January and May, 2009 the staff at LaSalle County Nursing Home failed to implement preventative measures that would have protected the woman.  Specifically, the suit claims the staff allowed the man to access to the disabled woman's room after they had knowledge that the man had acted sexually aggressive towards other patients.

This is the second lawsuit filed against LaSalle Nursing Home related to the same sexual perpetrator. An investigation by the Illinois Department of Health, determined that the facility made multiple errors related to the protection of patients at the facility.  State and federal authorities fined the facility $20,000 for their errors.  Additionally, the administrator and social service director were also replaced after the investigation.

While it certainly is nice to see changes made at this nursing home in the wake of this alleged sexual abuse, I frankly think that these lawsuits will have more effect on improving patient care. Particularly in cases involving widespread errors by staff, civil lawsuits can be the impetus to change.

Read more about this lawsuit against an Illinois nursing home here.

Related:

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse

Murderers, Rapists, And Other Violent Criminals Living With The Elderly

Nursing Home Attorney, Jonathan Rosenfeld, Discusses Elder Abuse In News Article

Nursing Home Fails To Report Suspected Sex Abuse To Authorities

Bourbonnais Terrace Nursing Home was recently fined $20,000 by the Illinois Department of Public Health for failing to timely report two episodes of alleged sex abuse.  An annual nursing home inspection conducted by state inspectors revealed that Bourbonnais Terrace waited three months to report the incidents involving abuse of patients at their facility to authorities. 

The state inspection also revealed that the alleged perpetrator has a history of mental illness and was also convicted of murder in 1990.  When making their report, nursing home officials failed to disclose the perpetrators criminal history.

State and federal laws require nursing facilities to report suspected criminal acts at their facilities to authorities. 

"The facility did report the incident to us. But because of the way they wrote the report, we did not forward it to the state police," Melanie Arnold, a spokesperson for the Illinois Department of Health said. "They left out some of the information that denotes this person was an identified offender."

Situations such as this highlight some of the problems I encounter when prosecuting nursing home abuse and neglect cases.  Too often, nursing facilities take it upon themselves--  if and when to report situations involving harm to patients.  In this case, a fine is certainly justified because it certainly appears that nursing home officials deliberately attempted to cover-up this case of sex abuse.

Despite what certainly appears to be a 'cover-up' Bourbonnais Terrace announced it plans to appeal the fine.

Resources:

Sex abuse unreported in nursing home
, The Daily Journal, September 19, 2009

Illinois Department of Health, Bourbonnais Terrace Nursing Home, March 23, 2009 Survey (Pay attention to resident '31')

Murderers, Rapists, And Other Violent Criminals Living With The Elderly, Nursing Homes Abuse Blog, July 23, 2008

Illinois Nursing Home That Turned 'Blind Eye' To Sexual Assaults Now Faces Fines

The LaSalle County Nursing Home is a medium-sized 99 bed nursing home facility in Ottawa, Illinois.  On June 6, 2009, the Illinois Department of Public Health (“IDPH”) released a report following an investigation, revealing that a male resident at LaSalle County had molested ten female residents. 

LaSalle County now faces fines from authorities.  The IDPH recommended to the U.S. Centers for Medicare and Medicaid Services (“CMS”) that LaSalle County pays $20,000 plus $100 per day that the facility is not in substantial compliance.  The IDPH is also considering fining the nursing home facility.

According to the government’s Medicare website, the facility received only two out of five stars, which is a below average rating, receiving three out of five stars for health inspections and one out of five stars for nursing home staffing.  In the past year, the nursing home had ten health deficiencies, which is two more than the average number of health deficiencies in Illinois and in the United States.  The number of health deficiencies has increased over the past two years.   

The IDPH’s report revealed that a male resident targeted female dementia patients and other female residents in order to perform sexual acts.  On ten different occasions, the male resident succeeded in molesting female residents, without proper action being taken by nursing home officials.  LaSalle County failed to comply with six state requirements including failing to protect current residents and failing to administer the facility to prevent repeated occurrences of sexual abuse.  The unidentified sexually abusive resident has now been removed from the facility. 

The IDPH’s report revealed that the facility failed to protect and provide interventions for ten residents who were sexually abused from January 17, 2009 through May 26, 2009.  These failures resulted in placing the entire nursing home population at Immediate Jeopardy.  Nursing home facility had noticed questionable behavior by the resident including touching female residents, kissing female residents, getting angry at nursing home staff for watching him, exposing himself, and inappropriate language. 

The nurses were told to watch the resident in question and were instructed to remove female residents from his attention.  Many of the female residents who were targeted by the male resident suffered from dementia and did not understand what was happening.  Several of the victims were also non-verbal, unable to say anything about the abuse. 

LaSalle County Nursing Home is required by the State to ensure that all alleged violations involving mistreatment, neglect, or abuse are reported immediately to the administrator of the facility and to other officials in accordance with State law.  The facility must have evidence that all alleged violations are thoroughly investigated, and must prevent further potential abuse while the investigation is in progress.  This LaSalle County facility did not meet this requirement because it failed to conduct investigations for fourteen reports of sexual assault by one male resident on female residents. 

The facility also failed to follow its Abuse Policies and Procedures by failing to recognize an abusive situation, failed to train staff, failed to protect victims, and failed to thoroughly investigate allegations of abuse for ten residents.  The facility also failed to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident for each of the ten sexual abuse victims.

Nursing home residents, especially those who are weak or suffering from illnesses such as dementia, are susceptible to many forms of abuse, including abuse by fellow residents.  The nursing homes are charged with ensuring the highest physical and mental health of its residents, which includes preventing and reporting any signs of abuse, including sexual abuse. 

Resources:

NewsTribune – LaSalle County Nursing Home Fined in Residents’ Abuse Case 

MayoClinic – Dementia

IDPH – LaSalle County Nursing Home

Medicare – LaSalle County Nursing Home

Nursing Homes Abuse Blog - Nursing Home Attorney, Jonathan Rosenfeld, Discusses Elder Abuse In News Article 

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse

After a full investigation into the sexual abuse of ten residents at LaSalle County Nursing Home, the Illinois Department of Health has determined the facility failed to take preventative measures to protect its residents.  The acts were initiated by a male resident who targeted non-verbal, dementia patients.

IDPH investigators determined the perpetrator started abusing residents on Christmas Eve, but the facility failed to implement measures to stop further abuse from occurring.  A 61-page IDPH survey concerning the incidents at LaSalle County Nursing Home concluded, "Due to the administrative staff's failure to implement policies and procedures for abuse, failure to recognize abuse, and failure to effectively manage facility resources, sexual abuse occurred for 10 residents."

On June 4, IDPH issued an 'Immediate Jeopardy' designation on the facility.  Read more about the sex abuse of residents at the Illinois nursing home here.

Sex Abuse In Nursing Homes

Nursing homes have a duty to protect all residents from harm.  This includes unwanted sexual advances from other residents.  In the case of residents with dementia, special attention should be paid to who is interacting with the residents.  Staff must continually monitor the residents to ensure their safety.

Unfortunately, in the case of disabled nursing home residents, it is particularly important to pay attention to physical symptoms that may indicate sexual abuse:

  • Vaginal / anal bleeding
  • Sexually transmitted disease
  • Bruising
  • Sudden emotional with-drawl
  • Sudden loss of appetite
  • Torn clothing

Lastly, many cases of sex abuse in nursing homes are perpetrated by convicted sex offenders. Though few laws address this topic, a quick check of a sex offender database could identify many of these deviants.  Let your lawmakers know that this is an important topic that deserves their attention.

Related Entries

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

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

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

 

New York Nursing Home Investigated Over Sex Abuse Claims

A dementia patient has been removed from The Shore Winds Nursing Home following a report of alleged sex abuse by a nurse at the facility.  The complaint was reported to the New York State Health Department of Health and a preliminary investigation by the agency determined the claim to be serious enough to merit a full investigation.  The nurse has been suspended pending the results of the investigation.  Shore Winds Nursing Home has been investigated 46 times in the last three years. Read more about this allegation of sex abuse in a New York Nursing Home here.

Nursing Home Aide Sexually & Verbally Abuses Residents

Minnesotans have a reputation for being kind, compassionate people.  However, several employees in Minnesota nursing homes are doing a fine job trashing the state's reputation.  After, the reports of abusive teenagers at Good Samaritan Nursing Home, a new report of nursing home abuse by a nurses aide has emerged from a different Minnesota Nursing Home.  

The allegations involve one nurses aide who reportedly abused six nursing home residents afflicted with dementia, over the course of several months earlier this year.  According to the Minnesota Health Department, the nurses aide reportedly:

  • Stuck a finger in the cancerous vulva of a resident until she screamed
  • Intentionally dropped a resident from four feet
  • Tossed stuffed toys on the floor in front of a resident who thought the toys were her children
  • Gave lap dances to two male residents 
  • Slapped a female resident in the face after the woman called her an offensive name

The nursing home abuse was witnessed by another nurses aid at the facility for several months before the abuse was reported to the administrators.  Minnesota, like many states, has a vulnerable-adult law that requires nursing home workers to report suspected maltreatment to the nursing home administration where they work. Obviously, this nursing home needs to re-educate its employees as to their legal responsibilities to their residents.

Read more about this brutal case of nursing home abuse here.

Sex Crimes Land Utah Nursing Home Worker In Jail

Jacob Mut Bolith, was sentenced by a Utah Judge to 15 years in jail and to pay restitution for the sex crimes he committed on nursing home residents. Bolith plead guilty to second-degree felony forcible sex abuse of an 85-year-old woman in a nursing home where he was employed.

Bolith's attorney Clayton Simms asked the Judge to sentence his client for 365 days in addition to the 389 days he has already served. He asked for leniency because Bolith is a Sudanese refugee who was displaced from his home and spent time in Ethiopia and Kenya before he came to the United States. Consequently, he said, Bolith had a difficult childhood that may have led to his behavior, despite Bolith learning English and getting his certified nursing assistant license to better his life.

Simms took issue with the pre-sentence report that said there was sexual penetration — he said there was only fondling and touching and Bolith's patients misunderstood his intentions. However, Simms said his client takes full responsibility for his actions.

Crimes like this are universal in any language and should not be tolerated anywhere.  I hope Utah has a law similar to Illinois that prevents convicted felons from working in nursing homes.  Read more about this case of nursing home sex abuse here.