Nursing home fails to protect resident from violent assault

San Antonio's KENS5 had an article about the investigation into a local nursing home failed to keep a violent man from assaulting a female resident.  Her family not only wants justice against Daniel Villareal, the man who choked and beat Maier, but also the Brookdale Living Center to be held accountable for leaving their back door unlocked.  The Texas Department of Aging and Disability has finished it's investigation and revealed the facility neglected to "to have a key to lock the door" and that "no headcount was taken after the alarm sounded."

They didn't even bother to check to see if the resident was okay,  We give them our grandparents and our parents to protect.  I don't think it's a hell of a lot to ask to do one thing. Lock a door.  Her past four months have included being assaulted and three major operations.  That's the thanks she gets for trusting these people.

The regional vice president for the Clare Bridge Brookdale Senior Living Center John Nienstedt, reported that no employees were fired following the incident and that they will remain open after they provided a plan of correction to the state.

 

Sexual Assault

MySunCoast had an article on an all too familar story.  A former nursing home employee is behind bars facing some very disturbing allegations. Authorities say 51-year-old Robert Horne of Sarasota forced an 88-year-old nursing home patient with Alzheimer's disease to perform a sex act on him in October of last year.

Another employee witnessed the act and turned him in. Horne faces a felony charge of Sexual Battery On A Mentally Defective Victim.

 

Resident wanders away from facility

NewJersey.com ran an editorial about the resident who was allowed to wander away from Preakness Healthcare Center in Wayne.  A resident with dementia wandered out of the nursing home and was found more than two hours later, roaming in the snow and ice and subfreezing weather. 68-year-old Vidal Mojica, was rescued by members of the Passaic County Sheriff's Department. Mojica, who uses a walker to get around, was found behind the nursing home on Oldham Road wearing just a golf shirt, pants and shoes. Mojica was transported to St. Joseph's Wayne Hospital, where he was being treated for exposure to the cold.

One Preakness employee said Mojica would have to have climbed unsupervised down three flights of stairs with his walker to leave the building. The employee also said Mojica is the second resident to wander away from the nursing home since it opened in October.

While we understand the need to protect the confidentiality of a patient, we are disturbed by the county's stonewalling about the circumstances of his escape from the facility. This is an issue that concerns not just one Preakness resident and his family; it is an issue of deep concern to every county resident.

Numerous questions need to be answered:

How could a patient using a walker have escaped so easily? How could he have gotten so far so fast and remained unseen for more than two hours?

Is there some design flaw in the new building that makes it susceptible to such "escapes"? If so, what steps are being taken to correct them?

Finally, has this happened before, and how can we be assured it won't happen again?

Such a lack of information about what appears to be a severe breach in security in a brand-new, $90 million facility that has already taken on the scorn of taxpayers is not something the county or facility administrators can afford to just slough off.

Perhaps there is a perfectly reasonable explanation of how a 68-year-old man using a walker was able to elude authorities for more than two hours. If so, we'd love to hear it.

Employee jailed for taking sexually explicit photos of residents

The PressRepublican.com had a story about a nursing home employee who took and shared private inappropriate photos of residents in his care.  Shane Spooner has been ordered to jail and probation for taking sexually explicit photos of a traumatic-brain-injury patient in his care.  He was working at Clinton County Nursing Home when he took the inappropriate cell-phone picture of the 49-year-old and sent it via text message to a female co-worker.  Spooner had three prior misdemeanor convictions.  After investigating, authorities charged Spooner with second-degree unlawful surveillance and first-degree dissemination of an unlawful surveillance image.  Within two weeks of his August arrest, Spooner pleaded guilty to a reduced misdemeanor charge of attempted first-degree dissemination of an unlawful surveillance image.  He was sentenced to 45 days in County Jail for taking the picture. He was also ordered to complete three years probation and pay a $500 fine, along with a $200 surcharge.

Shane Spooner has said that he took a picture of the man's genitals for his own amusement, an act that Attorney General Andrew Cuomo has called "a disgusting example of abuse within the walls of a New York nursing home."

 

 


 

Nursing homes fail to protect residents from assaults

KENS5 in San Antonio had an article about the tragic and brutal assault on a nursing home resident.  Janice Maier was badly beaten by a man who entered her room at the Brookdale Senior Living building.  25-year-old Daniel Villarreal was arrested and charged with serious bodily injury to an elderly person after police say he entered her room around 4am Saturday morning.   He was able to enter the facility because the facility left a door open.  There is no mention of how Villarreal was able to enter her room or why no one on the staff was able to stop him.  Brookdale Senior Living declined to comment when asked how the incident was allowed to happen.

Villarreal told police he was “looking for someone to choke”.  Maier was taken to the hospital in poor condition after being kicked in the head approximately 15 times.  Villarreal did not know Maier but said he did it because he was angry and frustrated.

Chicago's WBBM 780 had a story about a resident who was hospitalized after a man punched her in the face at South Shore Nursing & Rehab. She was inside a room when an adult male resident of the home approached her from behind and allegedly began striking her multiple times in the face using his fist and hands. A staff member finally pulled the offender off the woman who suffered significant injuries. 

 

Murder of resident at nursing home

The Boston Globe had an article about the investigation into the murder of Elizabeth Barrow, a 100 year old resident at Brandon Woods Nursing Home.  She was strangled to death in her bed. Around 7 a.m. on Sept. 24, police were called to her room. A nursing assistant there told police that, on a routine morning check, they found her dead. An autopsy concluded yesterday that Barrow died of manual strangulation, and a state medical examiner ruled her death a homicide.

The AP ran a similar story but had a law enforcement source familiar with the investigation that Barrow was found with a plastic bag over her head in a room she shared with a woman in her 90s. There were no obvious signs of a struggle. The official spoke on condition of anonymity because the person was not authorized to comment on an ongoing investigation. 

The Boston Channel story added that the death left her family stunned, especially her only son Scott, who said his centenarian mother was still going strong. He said she defied her age and lived a happy, alert life at the Brandon Woods nursing home. "We're devastated. I mean, my mother was well-loved. She loved everyone at the nursing home. She had a daily routine where she would go up and down the hallway and hug people who weren't as fortunate as she," Scott Barrow said.

He said his mother, who turned 100 on Aug. 21, still loved to read, socialize and shop and even at 100 she was "hardly at death's door."  "The day before this happened we took her out for lunch at her favorite place and then we went shopping for winter clothes and so forth and she was looking forward to, you know, continuing her life," Barrow said.

The Boston Globe had a follow up story implying that the roommate might be a suspect.  But a person briefed by investigators said police were looking into reports that Barrow’s 96-year-old roommate at the nursing home had repeatedly complained that Barrow had more visitors than she did and had threatened to kill Barrow if she and her guests continued to disturb her. Neither the roommate’s name nor her whereabouts could be confirmed yesterday.  Barrow's son said she never told him that she had been directly threatened by her roommate, but he knew of the tension. His mother had apparently complained on multiple occasions to staff at the nursing home.

The AP ran another story a few days later which added some new facts:  Scott was called by a nursing home staffer to say his mother had been found dead "under unusual circumstances" and that a plastic bag from a local convenience store had been put over her head.  He learned from the medical examiner's report that the bag had been tied on, and said investigators asked him about his mother's new shoelaces, which he had bought her the previous day.  Investigators were unaware of any conflicts Barrow might have had with others which contradicts other news reporting.

Why didn't the nursing home move one of the residents?  Did the 96 year old roommate have a bed alarm on so the staff wold know when she got out of bed?  Did the roommate have other behavioral problems?  Did they give polygraph tests to all the employees working on that shift?

 

S.C. SLED Vulnerable Adults Investigative Unit

The Sun News had an article about the SLED unit called Vulnerable Adults Investigative Unit that is responsible for investigating abuse and neglect of vulnerable adults but only in state-run facilities.  For some unknown reason, they do not investigate incidents in private for profit nursing homes.  SLED investigates deaths and complaints about abuse at state-run facilities, such as those operated by the state Department of Mental Health. Call 866-200-6066. 

The lieutenant governor's office on Aging/Long Term Care ombudsman has the duty to investigate all other residential facilities, including private nursing homes and assisted living centers, but they hardly ever do and do not have the necessary resources. Call 800-868-9095.

The S.C. Department of Social Services investigates abuse or neglect of vulnerable adults in private or foster care homes. Call 803-898-7318. S.C.

Attorney General's Medicaid Fraud Control Unit investigates misuse of Medicaid funds. Call 888-662-4328.

Last November, Dwayne Walls was living in the Alzheimer's wing at Veterans' Victory House, a state-owned nursing home in Walterboro, when another patient beat him unconscious with a cane. Walls died a week later.   Despite the beating, the Colleton County coroner ruled that Walls, 76, died of natural causes. But the death also triggered an investigation by the state Law Enforcement Divisions Vulnerable Adults Investigative Unit.

In place for two years, the unit was created to investigate abuse, neglect, exploitation and deaths in government nursing homes, such as Veterans Victory House.   So far the unit has received more than 2,500 reports and complaints.  "A patient might be 105, but maybe he wasn't supposed to die that day," said Matt Brown, a SLED agent who works in the unit. "He has the same right to live as 5-year-olds with their whole lives ahead of them."

Lawmakers established the unit in 2007 after a nonprofit group, Protection and Advocacy for People with Disabilities, issued a report that showed the departments of Mental Health and Disabilities and Special Needs had long ignored or covered up abuse cases. The new unit is a more neutral investigative body for these agencies, said SLED Capt. Patsy Lightle, who runs the Vulnerable Adults Investigative Unit and a separate one that investigates child deaths.

One of the unit's responsibilities is to investigate suspicious deaths at state-run facilities. In the unit's first two years, agents received reports about 725 deaths.

 

Employee arrested for stealing from residents

Coastal Courier had an article about another nursing home employee stealing from residents.  Demetria Denise Williams, an employee of Coastal Manor Long Term Care Facility, was arrested after Elise Stafford, the home’s chief long-term care officer, reported the center had information showing an employee had been stealing.   Williams was then taken to the police station where she was charged with theft by deception, theft by taking and exploitation of the elderly.
Williams has been charged with stealing more than $4,000 and that he anticipates as many as 25 more theft warrants.  Williams stole from residents by taking money for their families, but not depositing it into appropriate accounts.

Williams also stole from the facility by taking payment of services not provided to residents.
“The majority of the money that was stolen was from payment for services,” Stafford said. “There was a minimal amount taken from the residents.”
 

Woman kills daughter at nursing home

Diana Harden shot her disabled daughter and then killed herself.  One major factor was the treatment her brain-damaged daughter, Yvette Harden, received at the Oakland Springs Health Care Center, according to a detailed letter the mother wrote before ending both their lives Sunday night.  Diana Harden left a note indicating her daughter had been abused and mistreated by the staff at Oakland Springs and that the family's frustration in dealing with the problems was the reason she resorted to taking her daughter's life. The horrible care and treatment provided to her daughter is no excuse but after years of frustration and disappointment it must have seemed like the best way out of the terrible situation.

Yvette Harden was severely impaired by a auto crash in 1994. The accident left her partially paralyzed and with little impulse control and essentially no inhibitions because of brain damage, the mother wrote in a letter sent to KGO-TV's ABC7 News before she fatally shot her daughter and then herself.   She complained in the letter that despite her efforts to educate staff of Oakland Springs Health Care Center about the brain injury, they treated her daughter like an "animal or non-person."   The certified nursing aides "tell her "... she's a 'Fat Pig' and that they 'hate taking care of her,'" Diana Harden wrote.  She wrote that the aides bathed Yvette "like a car," with cold water at times to punish her. When Yvette would scream, the aides would turn the hot water back on before the nurse in charge could arrive.   "There's much more but you can ask my family. "... They can tell you. I can't go on like this. She has been begging me to end it for two years," Diana Harden wrote. "My health is failing and I don't want to leave her alone."

The California Department of Public Health has launched a vigorous investigation into Oakland Springs, according to spokesman Al Lundeen.  He said the department could not discuss the details of the investigation but added that the facility has been the subject of past complaints--48 that were substantiated since January 2008.

Because she was partially paralyzed, Yvette Harden could get around only with a wheelchair. But staff took away the motorized chair and gave her a manual chair that she had to be strapped into because it was too small and made the pain in her legs and back worse, according to Department of Public Health records.  She told her mother, "I want to die; I don't want to live without my wheelchair," according to the Department of Public Health records.

Department of Public Health records show that the director of nursing at Oakland Springs confirmed the facility's occupational therapist did not assess the appropriateness or fit of the wheelchair.   Limiting mobility can put patients at "risk for depression, emotional distress, accidents, harm, pain, and diminished mobility," a Department of Public Health investigator wrote in September 2008.

On May 19, 2008, an inspector found a resident having dinner in bed with a pillow case wrapped around his neck instead of a bib, Department of Public Health records show. An inspection of the linen closet revealed that the facility lacked clean towels, washcloths, nightgowns and bedding except for one or two isolated pieces.

During an annual survey in November 2008, inspectors found peeling paint on outside walls. Inside, several rooms reeked of urine, and there were smears of brown matter on bathroom floors.  The hot water heater was broken, leaving one side of the building with only cold water.   A review by inspectors of medical records indicated that a mentally disabled resident who needed total assistance with daily needs because he had a gastric feeding tube had not been showered for the entire month of September 2008 and only once in October 2008.

The inspector found the teeth of another resident yellow and decayed. His tongue was discolored, cracked and dry. Thick mucous had accumulated around his mouth, and he was unshaven. He still hadn't been cleaned up when the inspector returned the next day.

When state Public Health Department inspectors arrived in May for an annual review, they found residents whose specific medical needs were ignored, according to the department's inspection records. Oakhill Springs was one of the four facilities in Oakland that ranked among the lowest on the federal government's one- to five-star rating system.   Oakhill Springs' current one-star ranking is based in part on staffing levels and on the most recent annual inspection by Public Health Department inspectors.

 Despite the facility's high-need patients, the majority of nursing is done by certified nursing aides. Patients saw a registered nurse only 15 minutes on average per day in May — half of the national or state average, according to Medicare, which analyzes data the nursing homes report to the Public Health Department. Certified nursing aides, who do not receive the level of training required of registered nurses, did the bulk of the work — more than two hours.  While it is difficult to assess how that ratio affected care based on the limited information, the total hours of skilled nursing care each resident received — 3.5 hours per patient per day — is just above the state minimum requirement of 3.2 hours, which is insufficient to address the needs of nursing home residents, said Kathryn Locatell, a forensic geriatrician who analyzes and investigates cases of suspected elder abuse as a consultant to the U.S. and California Departments of Justice.

Public Health Department documents also revealed that the ability of one woman at Oakhill Springs to move her legs deteriorated within six months because there were no care plans or rehabilitation services to assist the woman in maintaining her ability to use her legs. That put her at risk of a permanently reduced mobility.

Out of 10 patients, seven were not given proper diets and several lost weight because they received insufficient calories to promote weight gain important to their well-being — despite orders by their doctors to the facility.  One woman had lost nearly 8 percent of her body weight because she wasn't given the puréed fortified diet her doctor had prescribed. The records show the physician was perplexed at why the woman continued to lose weight despite the health shakes he had ordered three times daily.   But the inspector found no record of the order having been implemented, or that diets were fortified with the high-calorie food to promote weight gain.   When an inspector asked the cook how she fortified the diets, she said, "I add thickener to the puréed food."

Patients suffering from kidney disease were given high-potassium foods, which could have worsened their kidney disease or could have become life-threatening.  Another resident was served fish despite a severe allergy to fish and shellfish that was recorded in the patient's medical records.

In October 2008, nursing staff put an iron medication tablet into a resident's feeding tube, which became clogged. The nurse in charge of medication said the required liquid iron had not been in stock for two weeks since the medication was ordered.

A 1998 analysis by the U.S. Government Accountability Office found that despite federal and state oversight, some California nursing homes are not being monitored closely enough to guarantee the safety and welfare of their residents. The GAO found that nearly one in three California nursing homes was cited by state surveyors for serious or potentially life-threatening care problems. Moreover, the GAO believes the extent of serious care problems portrayed in federal and state data is likely to be understated.

 

Is there an epidemic of sexual assaults in nursing homes?

UGH!  Another article about a nursing home employee sexually assaulting one of the resdients.  I can't believe how often this happens.  This story comes from the Salt Lake Tribune.  An employee of Hillside Rehabilitation Center nursing home is accused of sexually abusing an elderly patient with Alzheimer's Disease.  Clifford Ray Holt was charged with one count of second-degree felony forcible sexual abuse of a 62-year-old resident.   Holt led the woman into a room, told her "this is my place" and started massaging her shoulders once the door to the room was closed. He then grabbed the woman's breast aggressively enough to cause a bruise.

Court records show Holt pleaded guilty to burglary of a vehicle, a Class a misdemeanor, in March 2006, and was sentenced to serve a year in prison. He also pleaded guilty to burglary of a vehicle in 1997 and 1999. How did a felon get a job at a nursing home?  Why didn't they do a background check?  Who was supervising this guy?  I hope the nursing home answers these questions.

 

 

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