CNA Guilty in Abuse Case

KansasCity.com had an article reporting the guilty plea of one of two women accused of physically and sexually humiliating nursing home residents for months in Albert Lea, Minn., to three of the charges against her in a case that has heightened attention to how aides are chosen and supervised.  Brianna Broitzman was an aide at Good Samaritan, the nursing home that was the focus of state investigations and widespread publicity about the case in early 2008.  Her guilty plea covers gross-misdemeanor disorderly conduct involving three victims.

The charges against Broitzman said she admitted to police that she poked one resident in the breast. The teens who were implicated accused Broitzman of numerous other actions, including spitting in a resident's mouth, jabbing the breasts of several residents and putting "her bare butt" on a resident's face.

According to the complaint against Larson, she admitted to police that she inserted her finger into the rectum of a resident. She said she was trying to trigger a bowel movement but acknowledged that this was not part of her training. The complaint said she also acknowledged getting into bed with a resident and making a humping motion, patting the buttocks of one resident and trying to get another angry and then laughing at her.

The allegations became public in August 2008, when state Health Department inspectors concluded that aides, to make their work "fun," had abused 15 residents suffering from Alzheimer's and other forms of dementia. The state said some of the residents were combative, easily agitated or blind.

Six aides, high school friends at the time, were charged - Broitzman and Ashton Larson as adults and the four others as juveniles who were found responsible for not reporting the abuse as required by state law. The women were accused of abusing seven residents who suffered from dementia.

Sexual abuse cases in nursing homes during the 1980s and '90s led to laws requiring reports of suspected abuse and criminal background checks of those who work with vulnerable adults.

Broitzman will be sentenced in Freeborn County District Court on Oct. 22.  A presentence investigation recommends that Broitzman spend up to a year in jail, pay a $3,000 fine or spend two years on probation.

The case against Larson, 20, another former aide at the Good Samaritan nursing home, is proceeding toward trial. Broitzman and Larson were charged with fifth-degree assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failing to report suspected maltreatment. All are gross misdemeanors.

 


 

Stealing money from dead resident

Seattle PI reported the arrest of Gloria Corpuz Hall who was the operator of a Federal Way home for the elderly.  She is facing felony theft charges on allegations that she stole thousands of dollars from a deceased resident.  Prosecutors contend Gloria Corpuz Hall stole $21,775 from the accounts of an elderly woman who had been living at Hall's adult family home, Liberty Adult Care.

According to charging documents, Hall -- a 54-year-old Federal Way resident also known as Gloria Castillo Corpuz -- began drawing money from the woman's accounts months after her death on Jan. 21.  A review of the woman's bank statements, the detective continued, showed Hall had transferred money or forged checks on the woman's accounts at least 20 times.

Hall is alleged to have admitted to the thefts when confronted by police. Writing the court, the Federal Way detective said Hall complained that "she was behind on her mortgage and needed the money."  Charged with only one count of first-degree theft, Hall has not been jailed in the case
 

High CNA Turnover Rate

Dale Russakoff wrote an interesting article online at The New York Times blog called The New Old Age.  He discusses how he chose a nursing home for his mother including talking to CNAs who provide the vast majority of care in nursing homes.  "After all, these were the women — and they were all women — who would spend the most time with my mother, who would notice small changes that raised big questions, who would make her feel cared for. Or not."  Most nursing homes would not allow him to talk to the CNAs.

High turnover rate is a major problem.  More than 70 percent of nurses’ aides, or certified nursing assistants, change jobs in a given year.  The reasons for the high turnover rate among nurses’ aides are the same as they were then: low wages ($10.48 an hour on average), poor benefits, high injury rates and lack of respect on the job.  Researchers have found that high turnover in a facility corresponds with poor quality of care — more bedsores and more use of restraints, catheters and mood-altering drugs. That is, more reliance on medicine and technology, less on relationships.

“Cycling in aides who don’t know you is very disorienting and upsetting, and the resident is the one who suffers on the quality end,” said Peggy Powell, a senior staffer at PHI, formerly known as the Paraprofessional Healthcare Institute, a nonprofit group focused on improving the front-line work force in long-term care.

In nursing homes with high turnover rates, certified nursing assistants tend to leave within three months, often because of inadequate training and support to juggle multiple frail, ailing residents at a time, according to Robyn Stone, senior vice president for research at the American Association of Homes and Services for the Aging. Once aides leave, everyone else must pick up their caseloads, and the stress of the job rises.He decided on the facility where they allowed him to talk to the CNAs.  "These women used the word “we” when talking about the nursing home, making clear that they felt a sense of ownership. And it seemed significant that the marketing director asked their permission before allowing me to impose on their break time. Moreover, he trusted them enough to leave me alone with them in the break room."

 


 

Wheelchair Crash Results in Lawsuit

The Times-Tribune reported a lawsuit filed on behalf of former Jewish Home resident Elizabeth LaCoste against the Scranton nursing home, claiming aides were negligent when they left Mrs. LaCoste unattended in her wheelchair, which rolled away and crashed, throwing her onto the street. Mrs. LaCoste suffered a broken collarbone, a head injury, bruises and abrasions.

The preventable incident occurred after Mrs. LaCoste and several other residents had been driven from the nursing home to center city Scranton to watch a musical performance. Sometime between 1 and 1:30 p.m., Mrs. LaCoste was left alone and unsupervised in her wheelchair on a sidewalk that pitched toward Spruce Street. The wheelchair rolled toward the street and jumped the curb, heaving her out of the wheelchair and onto the street.  She suffered significant injuries and died months later.

 

Embezzlement

The Tennessean had an article about the arrest of Regina Jacobs.  The nursing home employee is charged with stealing more than $400,000 from the nursing home where she
worked for more than 10 years. I wonder how long it was going on?  How could she be so greedy?

Officers with the Tennessee Bureau of Investigation arrested her after she was indicted by the Wilson County grand jury on three counts of theft over $60,000, two counts of theft over $10,000 and one count of theft over $1,000.

In December 2008, the nursing home, Quality Care Health Center, finally discovered that Jacobs, a business office manager, had been cashing checks intended to cover patient costs and keeping the money.  An internal investigation and audit at the nursing home revealed that about 70 patients' accounts had been affected.

 

Nurse Licensure Compact

USA Today had a great article on a major problem in the nursing industry.  The ability for bad nurses to move to another state and get a job.  An investigation by the non-profit news organization ProPublica found that the Nurse Licensure Compact has allowed nurses with records of misconduct to put patients in jeopardy. In some cases, nurses have retained clean multistate licenses after at least one compact state had banned them. They have ignored their patients' needs, stolen their pain medication, forgotten crucial tests or missed changes in their condition, records show.

 

Nurse Craig Peske was fired from a hospital in Wausau, Wis., in 2007 after stealing the powerful painkiller Dilaudid "whenever the opportunity arose," state records say. In one three-month period, he signed out 245 syringes full of the drug — nine times the average of his fellow nurses.
Hospital officials reported him to Wisconsin nursing regulators and alerted police. Six months later, Peske was charged with six felony counts of narcotics possession. But by that time, he had used a special "multistate" license to get a job as a traveling nurse at a hospital 1,200 miles away in New Bern, N.C.

The ease of Peske's move illustrates significant gaps in regulatory efforts nationwide to keep nurses from avoiding the consequences of misconduct by hopping across state lines. The two states in which Peske worked are part of a 24-state compact created to help get good nurses to areas where they are needed most. Under the decade-old partnership, a license obtained in a nurse's home state allows access to work in the other compact states.

Critics say the compact may actually multiply the risk to patients. There is no central licensing for the compact, so policing nurses is left to member states. Outside the compact, each state licenses and disciplines its own nurses. But within it, states effectively agree to allow in nurses they have never reviewed. When a compact state is slow to act or fails to share information, nurses suspected of negligence or misconduct remain free to work across nearly half the country.

Compact officials do not track how many nurses are sanctioned by their primary state for misconduct elsewhere. They also don't question whether states are adequately policing visiting nurses: 10 states have disciplined three or fewer such nurses in the past decade, compact records show.

Weaknesses in the state-based system for disciplining problem nurses have surfaced as a public health issue during the past year. California, for example, revamped its nursing board and its executive officer resigned after reports of ineffective oversight that put patients at risk.

The state recently discovered that 3,500 of its nurses had been disciplined by other states but had kept clean California licenses.

ProPublica examined the disciplinary actions taken by five compact states — Arizona, Virginia, Texas, Kentucky and North Carolina — in recent years. Reporters found four dozen examples of nurses whose primary licenses remained clean for months or longer after another compact state barred them from working there.

Among cases detailed in nursing board records:

•Therese Morgan, who now goes by Therese Holmes, retains a multistate license in Maryland. Arizona banned her in January 2009 after incidents at five hospitals in the Phoenix area, including failing to show up for work, flunking orientation and frightening a patient whose catheter she removed. Doctors and staff asked that she not be assigned to certain patients.

•Stephen Woodfin, a nurse anesthetist, surrendered his right to practice in North Carolina in January 2006 because of substance abuse. Even so, he was able to keep a clean multistate license in Texas. Nearly two years later at a hospital in Amarillo, Texas, he passed out during a surgery, bleeding from a vein in his arm. The Texas Board of Nursing found he had abused the narcotic Fentanyl. In September 2008, the board suspended him. He now is on probation and is limited to working in Texas.

•Dayna Hickman was suspended from practicing in Texas in September 2006 after she administered undiluted vitamin K too quickly to a patient at a Dallas hospital. The patient died a short time later. The next year, Hickman was placed on probation in California because of the Texas discipline. But her multistate license in Iowa remains clear.

Hickman, who now works as a critical-care nurse in Mason City, Iowa, says she notified the Iowa nursing board about the incident in Texas. "I have an exemplary record outside of this as a nurse, so Iowa chose to not do anything," Hickman says.

Allegations about nurse Craig Peske's drug use did not stop once he reached North Carolina.

Within days of his arrival, a parent complained that Peske was falling asleep while attempting to insert an IV in her child. A hospital review found that he signed out the painkiller Demerol on dozens of occasions without a physician's order. When he refused a drug test, he was fired in April 2008, nursing board records show.

Six months later, North Carolina banned him from working there. But Peske's home state of Wisconsin did not revoke his multistate license until January 2009, giving him the ability to work in any of the other states until then.

Two national databases — one run by the National Council of State Boards of Nursing, the second by the federal government — are supposed to alert regulators and employers to disciplined nurses. But that doesn't always happen. ProPublica has previously found discrepancies and missing records in both databases.

Amid such confusion, nurses accused of wrongdoing or incompetence keep working.

Alma Rice, 40, was able to work as a nurse in several states for seven years after she first got in trouble. Tennessee revoked her license in mid-2008 — only after she had been accused of stealing drugs at four hospitals in three states and had racked up criminal convictions in each state. Rice had been high on the job, tried to shred patient records to conceal her thefts and hid bottles of urine in her clothes in case she was drug-tested, nursing board and court records from several states show.

A forensic psychologist in Texas wrote in 2006: "It is still doubtful that (Rice) will be able to consistently behave in accordance with ... generally accepted nursing standards."

Rice also had been indicted on charges of child abuse by a Dyer County, Tenn., grand jury in February 2008 after her 18-month-old son was found with needle marks on his arm and tested positive for a powerful anesthetic, court records and newspaper reports said. Rice called police after she forgot where she left him, a report said. She later was convicted of misdemeanor assault.

Nurse Krystal Bauer, like Rice, moved so fast she amassed allegations in multiple states before her home state caught up. Bauer, 37, was accused of stealing drugs in October and November 2007 while working at a hospital in Glendale, Ariz., in December 2007 while at a hospital in Weston, Wis., and in June 2008 at a hospital in Greenville, N.C.

Tracy Weber and Charles Ornstein are reporters for ProPublica, an independent, non-profit newsroom based in New York City that produces investigative journalism. USA TODAY editors worked with ProPublica editors in preparing this story.

 

Woman Drowns in Bathtub

Chicago Breaking News Center and Chicago Sun-Times had articles on the tragic case of Jean Engstrom who drowned in a bathtub while unsupervised at Warren Park Nursing Pavilion.  Chicago police are conducting a death investigation into the drowning. 

An autopsy conducted determined that Jean Engstrom, 51, drowned according to the Cook County medical examiner's office. But officials could not indicate from the autopsy whether the woman's death was a homicide or an accident.   The woman was mentally ill and lived at the Warren Park Nursing Pavilion.  Police were called to the nursing home after staff members found the woman in a bathtub with the water running. They tried to revive her and called paramedics to the home who then took her to the hospital where she died.

Since the woman was mentally ill, she most likely needed supervision.  I wonder if a staff member started the bath (that is why the water was still running) and walked away.  I hope it was an accident.
 

Class Action for Understaffing goes to Mediation

The Times-Standard had an article about the decision by Plainitff's attorneys in their successful class action case against understaffing in California nursing homes to participate in mediation to resolve the dispute despite the recent verdict in their favor.

The Humboldt County District Attorney's Office and lawyers for both sides signed a stipulation and order -- essentially an agreement to begin mediation -- with the purpose of reaching a settlement.  The agreement was reached the day before the trial was set to continue before the jury with the punitive damages phase.

The stipulation and order mandates that a stay be enacted in the case, which postpones any further court action. The trial is currently scheduled to resume on Aug. 9, at which time any remaining issues will be tried in a court trial with a judge rather than a jury.

In the meantime, the plaintiffs have agreed not to seek any relief of the previously announced jury verdict (some $677 million in statutory damages and restitution). The defendants, in turn, agreed to not file for bankruptcy or seek any relief from a court under Chapter 11 of the United States Bankruptcy Code, which would allow for a reorganization of assets.

The mediation negotiations are slated to begin July 25. The stock market responded immediately to the agreement, with shares spiking at $3.21 Thursday morning after Skilled Healthcare released a statement acknowledging the stipulation before closing at $2.78, well above the Wednesday closing value of $2.25.

 

 

 

$4.85 Million Verdict for Morphine Overdose

The Toldeo Blade reported a significant verdict in a recent nursing home trial in Michigan.  The family of Burr Needham,  who died in 2002 of a morphine overdose while undergoing physical therapy at Mercy Memorial Nursing Center, has been compensated $4.85 million by a jury aftera three-week trial with the jury finding that a doctor and nurses were negligent.

Mr. Needham's family filed a civil lawsuit in 2005 against the home, contending that Dr. Arun Gupta and five nurses were responsible for the overdose of the painkiller administered to Mr. Needham after he entered the center April 26, 2002. 

The Wayne County medical examiner said the May 2, 2002, death of Mr. Needham was caused by acute morphine intoxication and ruled his death a homicide. The jury determined that nursing home staff were professionally negligent in the care and treatment of the 76-year-old man.

Court records showed that the jury awarded $3 million of the judgement to Mrs. Needham for the noneconomic loss of society and companionship she experienced in the loss of her husband. 
The panel decided that Mr. Needham should get $1.5 million for the pain and suffering he experienced in the nursing home. The remaining $350,000 was awarded to the family to pay for damages that Mrs. Needham incurred, including burial costs and the loss of gifts and valuables she would have received until her death on Oct. 24, 2007.

 

Importance of Background Checks

The Jackson Sun News had an incredible story about a nursing home who hired a woman with a long history of fraud and forgery.  Sheila Watson was arrested and charged with one count of identity theft, four counts of criminal simulation, four counts of forgery, one count of criminal impersonation and one count of theft over $1,000.  Watson was the social services director at Bells Nursing Home.  Watson is also an ex-convict who has used at least half a dozen different names in a long history of state and federal fraud, forgery and theft convictions.

The investigation into Watson — who has worked at the nursing home since July — began when the nursing home received a call from a state agency.  The investigation is still ongoing but "They said she did a great job and was a good employee," Klyce said. "We've looked at her computer and couldn't find any evidence at this point."

 

When the Sheriff's Department began investigating, authorities soon discovered Watson's job application was only the tip of the iceberg, he said:

She had borrowed money from the Bank of Crockett County using false documents. She was wanted in Iowa on charges of theft over $10,000. She was on probation but was using a different name and job description to report to her probation officer.

Watson was arrested as Sheila F. Hayes in November 2002 on federal charges of forgery, theft of property and identity theft, according to The Jackson Sun's archives.

She was accused of stealing mail from 135 victims in West and Middle Tennessee for the purpose of stealing identities and embezzling money. She later pleaded guilty to one count of mail theft and was sentenced to five years in prison and three years' probation.

At the time, the judge said Hayes had the highest criminal history score of any woman he had seen in his 20 years as a judge. The bulk of her prior convictions were for theft and fraud, but she was also convicted of escape from a Metro Nashville jail. Watson had charges stretching back to 1989, most of them in Middle and West Tennessee. She reported to a probation officer in Jackson under the name Sheila Hayes and told them she worked for a construction company.

 

 

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...