"They've Got to Be of the Devil" - Woman Describes Mother's Assault in Nursing Home

On Friday, April 13, Louise Jones received the call that every daughter dreads.

“They told me that my mom had taken a blow to the head,” said Jones, whose mother, Elizabeth Kennedy, is a resident at the Maple Grove Health and Rehabilitation Center in Greensboro, NC. “She’s 86 and defenseless, and I wasn’t there to protect her.”

According to Greensboro’s local FOX affiliate, staff at Maple Grove called police after noticing a large bruise on Kennedy’s head. It was unclear from the report who noticed the bruise, or why the facility decided to reach out to authorities when it did. A photo used in the FOX report shows a 2- 3-inch purplish mark above Kennedy’s right eyebrow.

“I felt all kinds of emotions when I saw [the bruise] - hurt, anger, revenge,” said Jones. “She’s like my child. She can’t get up. She can’t walk. This is the coldest anybody could be. They’ve got to be of the devil. They have to be.”

Jones said that Maple Grove offered to move her mother to another facility, but that she declined, seeing that her mother’s doctor can only visit her in Maple Grove.

Medicare’s “Nursing Home Compare” Web site gives Maple Grove three out of five possible stars. According to Nursing Home Compare, Maple Grove only earned two out of five stars in the area of Health Inspections. During the time period between December 1, 2010 and February 29, 2012, the facility racked up a a total of 10 violations - more than double the state average of 4.

“If [Maple Grove] has anything Godly in them, maybe they can come forth on their own, and maybe it can make things a little bit easier,” Jones said. “But I don’t think it will ever justify how I feel, what it’s put me through, or what my mother has endured.”

Maple Grove ignored a FOX reporter’s request for comment.

Related Nursing Homes Abuse Blog Posts:

Primer on North Carolina Nursing Home Laws
Elder Abuse: Why Bruises Can Be Tell-Tale Signs of Poor Care
When Bruises Can’t Speak For Themselves: The Difficulty Proving Abuse of Disabled Nursing Home Residents

Nursing Homes Must Protect Patients From Violence Perpetrated By Other Patients

Yet another episode of nursing home violence was reported at a facility in Southwest Florida when a resident attacked his roommate over a disagreement as to the positioning of the window curtains.  Even though there was a nurse nearby, the victim of the abuse suffered severe facial bruising and fractures that required medical attention at a hospital.

An unknown risk

Probably the last thing patients and families consider when selecting a facility is the possibility of violence--- perpetrated by another patient at the facility!  Leaving families further in the dark is the fact that poor decision making on the part of the facility significantly increases the risk of violence to their loved one.

As a nursing home lawyer who has seen the ramifications of poor decision making on the part of nursing homes, I’ve seen too many occurrences of patient-on-patient abuse go deliberately ignored by the facility out of embarrassment or fear of a poor public image.

Any type of violence involving nursing home patients should be considered a crime and deserves to be fully investigated by law enforcement officials as opposed to people working for the nursing home.  What makes situations involving violence committed by nursing home patients unique-- and frequently difficult to prosecute-- is that it takes place behind closed door in the privacy of a nursing home.

Of course, it is unreasonable to suggest that nursing homes should be strictly responsible for the acts of all their patients. However, things change when facilities begin to have information regarding patient’s aggressive or violent tendencies.  Once a facility learns of a patient’s behavior, they inherently have a duty to take necessary steps to protect other patients and staff.

A legal duty to protect

This isn’t just the patient advocate in me talking, Federal Regulations both prohibit abuse (F-tag 223) and require nursing homes to permit law enforcement to investigate situations involving injuries (F-tag 226).  With respect to f-tag 223, the regulation requires that a resident of a nursing facility has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.

It is simply not acceptable for nursing homes to shrug their shoulders, when it comes to a situation where a patients is beaten.  The language from f-tag 226, requires nursing homes to report patients injuries (abuse) to regulatory agencies so an investigation can be done to determine how the patient was injured.

Basic precautions

As common sense would indicate, keeping patients with aggressive tendencies and psychological disorders away from other frail patients would be an important first step towards minimizing the risk of injury.  However, in situations when patients have ongoing problems, it is incumbent that facilities provide ongoing monitoring of the patients and seek to have the patient removed from the facility to ensure the well being of all.

While certainly a consistently disturbing picture, injuries resulting from the violence of other patients may indeed open the door to liability against the facility.  While pursuing a claim against a facility may be a distant afterthought following a violent episode following an injury, reporting the incident to police authorities, both provides the best opportunity to conduct a complete examination for purposes of both civil liability as well as ensuring other patients remain safe from similar behaviors.

Related:

Elder Abuse: Violence Among Elderly Nursing Home Patients

Nursing Home Abuse: Hidden Camera Catches Nurse Yanking The Wheelchair Of A Disabled Patient

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

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?

Fall No. Assault Yes. Death Of Chicago Nursing Home Resident Under Investigation

Nursing Home Abuse: Facility Allows Patient To Cry In Pain At Fractured Leg Goes Ignored--- For 24 Days!

 

I'm not sure if it derives out of shame, fear or just plain laziness--- but I regularly see situations where a patients complaints of pain following an obvious injury, go ignored by the facility.  

A recent horrific example of ignored patient complaints came from our peaceful neighbors to the North.  Thestar.com reported on the case of a woman at a Canadian nursing home, that went 24 days without so much as an x-ray of her leg after she fell from her wheelchair and screamed in pain. 

Finally, after 24 days of pleas from the patient's daughter and significant discoloration of the leg, the facility ordered an x-ray of the woman's leg--- which demonstrated that her tibia was indeed broken. 

Situations such as this should never occur in any patient.  In fact, in the states, such occurrences of uncontrolled pain are not only inexcusable--- but they are against the law!

Nursing homes have an obligation to provide pain relieving measures to their patients. While certain medical conditions such as broken bones and bruising may be obvious indicators that a patient was injured, nursing home staff must also be diligent to look for signs of distress in patients with less visible condition that require pain relief.

With disabled nursing homes patients, staff should take note of patients facial expressions, involuntary motor actions, moans and changes in behavior as potential indicators that the patient may indeed be suffering.  After noticing these signs, the staff should timely contact the patient's physician.

The recognition of a patient's pain and subsequent pain relief is required pursuant to Federal Regulation of nursing homes. F-Tag 309 (Quality of Care) requires nursing homes to provide 'necessary care and services to attain or maintain the highest practical physical, mental and psychological well being, in accordance with the comprehensive assessment and plan of care.'

Despite some ambiguity as to the significance of 'highest level of practicable care' really means, the interpretive guidelines to F-Tag 309 provide more specific guidance for providing pain relief and unquestionably requires nursing homes to both monitor patients and provide them with sufficient pain relieving measures.

Related:

Study Reveals Nursing Home Patients Chronic Pain Is Not Adequately Controlled

Nursing Home Patient With Broken Hip Sits In Pain. Why Federal Law Requires Staff To Administer Pain Medication

Some Nursing Homes Seem To Have A 'Wait And See' Approach When It Comes To Getting Medical Treatment For Their Injured Patients

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

Perhaps there is no more visual reminder of abuse or mistreatment than a bruise.  The discoloration is not only ugly in appearance, but it can also be a source of pain for the individual.  Because bruising can be a relatively common occurrence in the elderly, I think its important to learn more about this medical condition and hopefully become better at identifying a bruise due to mistreatment vs. the normal aging process.

What is a bruise?

Bruises can result after an injury, a fall, or even bumping into something. A bruise (contusion) is an injury to the soft tissue that results in broken capillaries which leak red blood cells. As the heart pumps, the blood escapes to the surrounding tissues, creating a bruise. 

Bruises can surface hours or even days after an injury and can also show up on a different part of the body than was injured. Bruises are usually reddish in color at first, turning bluish-black or purple after a couple hours, then yellow, green, or brown as they heal. Because bruises involve skin trauma, they are usually painful for at least the first few couple days. 

How bruises heal.

Bruises fade gradually as your body reabsorbs the blood that leaked from your blood vessels. After an injury, you can take steps to prevent or minimize bruising. This includes applying a cold compress to the injured area, elevating the injured area, and avoiding blood thinning medications if possible. During the healing process, a bruise will fade in color, from bluish-black or purple to a yellowish green to a lighter brown before disappearing. This color change occurs as the body’s white blood cells remove the decayed blood products little by little. In most cases, bruises heal in one to two weeks, but deeper, more severe bruises can last longer. 

Bruising in the Elderly.

Older adults bruise more easily and heal more slowly than younger adults because they have fragile capillaries and thinner skin. This is because as you age, your skin becomes thinner and you lose some of the protective fatty layer that helps cushion your blood vessels. In addition, bruises in older adults can last longer than the usual 1-2 weeks, sometimes lasting for months. 

Certain drugs can also make you more susceptible to bruises, many of which are common medications for older adults. Many older adults take non-steroidal anti-inflammatory medication for arthritis including ibuprofen (Advil, Nuprin) and naproxen (Aleve), which can interfere with blood clotting. Blood-thinning medication such as aspirin, Coumadin (warfarin), and Plavix (clopidogrel) reduce your body’s ability to clot, which can cause increased bruising. In addition, corticosteroids can make your skin thinner, making you more susceptible to bruises. 

Signs of abuse?

Bruises are one of the most common indicators of nursing home abuse and neglect. This is important to note because elder abuse, including physical abuse, is on the rise. Elderly nursing home residents are vulnerable to injuries and abuse because of weakness, illness, and decreased mental cognition. 

Many times the elderly residents who are victims of abuse are unable to alert family or staff of the abuse. They might be too scared to report the abuse or too embarrassed, or even unable to remember the abuse that they were forced to endure because of a cognitive impairment. 

Residents with moderate or severe dementia may be unable to give an accurate description of abuse or neglect. Oftentimes, the context in which an injury occurs is just as important as the injury itself in screening for elder abuse and mistreatment. Because of the serious risks associated with elder abuse, nursing home staff must be properly trained to recognize signs of abuse and closely monitor residents for common signs of injury or abuse, such as bruising. 

In Illinois, if a nursing home suspects that a resident’s injury might have been caused by abuse, the facility must report the matter to the Illinois Department of Public Health, investigate the alleged abuse, and provide a copy of the investigation to the Department. (Illinois Administrative Code: Long-term care facilities – 77 Administrative Code 300.3240 Abuse and Neglect). Nursing home facilities must take all injuries seriously, especially bruises that might indicate abuse (because of bruise location, size, or re-occurrence). 

Oftentimes, it is difficult to determine if bruising is normal, accidental bruising or something worse. In order for facilities to better be able to recognize abuse, the literature must be improved by documenting normal bruising in the geriatric population. This could then provide a point of comparison for nursing home facilities and caregivers when they encounter suspicious bruises. Until then, nursing homes must err on the side of caution, investigating all injuries that seem even slightly suspicious in order to protect our elderly population. 

Although older adults bruise more easily, staff should still be concerned when residents have bruises, especially if they are in patterns or clusters, or the bruises reappear.  The pattern or shape of the bruise can sometimes provide clues as to the cause of an injury (bruises can occur in the shape of knuckles or fingers). Bruises in patterns can indicate the use of restraints (bruises on hips and arms can indicate the use of bed rails, and bruises on the wrists can indicate the use of cuffs). Frequent or serious falls are another common cause of bruising, and can indicate improper supervision of a resident. In order to provide the best possible care, nursing homes must have care plans in place to prevent residents from suffering from accidents and abuse. 

The location of the bruising may also indicate abuse. The most common locations for non-accidental injury are the face, neck, chest wall, abdomen, and the buttocks. A study in the Journal of American Geriatrics Society, Bruising as a Marker of Physical Elder Abuse, reported that bruises occurring as a result of physical elder mistreatment are often large (> 5 cm) and occur on the face, lateral right arm, and back of the torso. 

In another study published in the same Journal, The Life Cycle of Bruises in Older Adults, the study revealed that almost 90% of accidentally acquired bruises in adults aged 65 or older occur on the extremities. In a sample of one hundred adults aged 65 and older, there were no accidental bruises on the neck, ears, genitalia, buttocks, or soles of the feet. And, if the bruise was on the trunk (torso) of the body, the subjects were more likely to know the cause of the bruise. 

Therefore, nursing home staff should pay particular attention to bruises that occur on a resident’s face, arm, and back because these areas have been shown to have the greatest incidence of bruising in cases of mistreatment. 

If you notice bruising on a family member who lives in a nursing home, you should ask the staff members about the cause of the bruising. Elderly adults are vulnerable to abuse and neglect and every effort should be made to prevent or stop mistreatment. 

Resources:

Mayo Clinic: Easy Bruising, Common As You Age

Medicine Net: Bumps and Bruises

Kansas University Law School: Elder Abuse in Nursing Homes, Does Bruising Tell a Story?

Journal of the American Geriatrics Society: Bruising as a Forensic Marker of Physical Elder Abuse

Woman Beaten At Chicago Nursing Home With Troubled Past

As reported by WBBM 780 Radio, a female patient was punched by another male patient at South Shore Nursing & Rehab on Sunday evening.  Staff at the Chicago nursing home called police after the man allegedly attacked the woman from behind and began punching her in the face.

The woman was treated at nearby Mt. Sinai Hospital for bruising and swelling around her eye. Although the woman was released from Mt. Sinai, it is unknown if she returned to South Shore.

Read more about this violence at a Chicago nursing home here.

About South Shore Nursing & Rehab

South Shore Nursing & rehab Center was rated one out of five stars according to governmental ratings on overall care.  South Shore Nursing & Rehab is a large nursing home with 240 skilled nursing beds. The for-profit facility provides skilled nursing care for patients who have a variety of medical needs including: blood disorders, Alzheimer's, circulatory and respiratory disorders.

Related Nursing Homes Abuse Blog Entries:

Chicago Nursing Homes Not Making The Grade

Blacks Receive Inferior Care At Most Nursing Homes

When Bruises Can't Speak For Themselves: The Difficulty Proving Abuse Of Disabled Nursing Home Residents

Illinois Nursing Homes With Second Quarter 2010 Violations

When Bruises Can't Speak For Themselves: The Difficulty Proving Abuse Of Disabled Nursing Home Residents

The News & Observer, had an article about the difficulty proving physical abuse in disabled nursing home residents who are unable to communicate any information about the act. The article focuses on an 88-year-old disabled woman who sustained bruises to her face(consistent with abuse) while a resident at Sunnybrook Healthcare and Rehabilitation in Raleigh, N.C. The woman suffered from advanced dementia and was unable to walk or roll over-- therefore bruising due to a fall could immediately be ruled out.  Read the full article about the abuse of disabled nursing home residents here.

Elder abuse in North Carolina

Complaints of elder abuse in North Carolina increased 20% between 2007 and 2008.  According to Sharon Wilder, a state ombudsman for long-term care, reports of abuse, neglect and exploitation will continue to increase both as a function of the rise in the numbers of the elderly population and as a result of caregivers demand to get answers following an incident.

"We now have baby boomers emerging as the sandwich generation and as caregivers for their elders," Wilder added.  "Their nature is to ask more questions and to want more answers.  There are more willing to contact whoever they need to get answers." 

According to North Carolina nursing home surveys, just 15% of the reports of elder abuse occurred in a long-term care setting, with the remainder of alleged abuse occurring in private homes and reported by relatives, neighbors or health care professionals.

Abuse of the elderly in long-term care settings

Despite a seemingly endless supply of news headlines, directing attention to this despicable act, most cases of elder abuse go unreported.  Remember, you know your loved one better than anyone else.  If you suspect mistreatment or abuse, immediately report the situation to local police and/or ombudsmen.  A timely investigation can go a long way towards identifying the individuals responsible for the abuse and hold them accountable.

The following conditions warrant investigation:

  • Unexplained bruises, cuts, burns, sprains, or fractures
  • Frozen joints
  • Unexplained venereal disease or genital infections, vaginal or anal bleeding
  • Bloody clothing
  • Sudden changes in behavior
  • Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
  • Resident being kept in an over-medicated state
  • Sudden loss of an appetite

Over the course of the the past 30 years, lawyers at Rosenfeld Injury Lawyers, have helped families coping with the fallout from elder abuse.  In many cases, we have successfully recovered damages from the facilities where the abuse occurred.  If you have a question related to abuse in a long-term care setting, we would honor the opportunity to speak with you.  (888) 424-5757

Web Resources:

The National Center On Elder Abuse

World Elder Abuse Awareness Day

What Are Signs Of Nursing Home Abuse?

"I suspect my grandmother may be getting abused at her nursing home.  What are common signs of abuse I can look for in confirming this situation?" -- Sherri, Atlanta, Georgia

Physical, mental and sexual abuse are forms of abuse encountered by nursing home residents across the country.  Sadly, some of the most commonly abused nursing home residents include those who are physically or mentally disabled and have no way of fighting off a perpetrator.

Remember, you know your loved one better than anyone else.  If you suspect mistreatment or abuse immediately report the situation to local police and/or ombudsmen.  The reality is that most episodes of elder abuse go unreported.

The following situations warrant further investigation:

  • Unexplained bruises, cuts, burns, sprains, or fractures
  • Bed sores
  • Frozen joints
  • Unexplained venereal disease or genital infections, vaginal or anal bleeding
  • Bloody clothing
  • Sudden changes in behavior
  • Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
  • Staff not allowing resident to be alone with visitor
  • Resident being kept in an over-medicated state
  • Loss of resident's possessions
  • Sudden large withdrawals from bank accounts or changes in banking practices
  • Sudden loss of appetite

Depending on the severity of the findings, you may wish to report the situation to the local department of health, police or pursue the matter against the facility civilly.  In our nursing home litigation practice, many civil lawsuits come about after an investigation by the state authorities.  Many times, the evidence secured by state authorities proves especially valuable because it was secured immediately after the incident was noted.

Nursing Home Injury Laws: Georgia

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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