LPN pleads guilty to endangerment

The Democrat and Chronicle had an article about the licensed practical nurse admitted that he had sexual contact with a mentally incapacitated patient at a Rochester nursing home. Kipper Allen Stevens pleaded guilty to a misdemeanor of endangering the welfare of an incompetent or physically disabled person for assaulting the patient on Dec. 21, 2008, at Shore Winds nursing home.  Stevens admitted to a police investigator that he had sex with the woman. 

A co-worker witnessed sexual contact between Stevens and the woman and notified the nursing home's management a week later. During the investigation, Stevens told an investigator that he and the woman "were two consenting adults having a relationship" and denied having forcible sex with the woman. But he acknowledged it was improper for a caregiver to have a relationship with a patient.

Stevens also had been charged with second-degree rape, a felony which could have sent him to prison for up to seven years. Stevens only faced a maximum penalty of one year in jail for the misdemeanor but will receive nine months in jail with one-third off the sentence for good behavior, he'll be free in six months.

 

 

 

Hospital dumping continues

The St. Louis American had an article about the prevalence of "hospital dumping" in St. Louis.  The article says that four times a week a nursing home resident calls in a panic because they were sent to the hospital for a medical or mental health condition. Then, when the hospital discharges the patients, the nursing homes won’t take them back.  This, of course, is against the law.  But the nursing homes don't care because the law is not enforced.

By law, skilled nursing facilities are required to give their residents a 30-day notice if they want them to leave the facility. 

If there is a reason why its staff can’t meet a resident’s medical needs, the facility should call the Missouri Department of Health and Senior Services.  However, the need is immediate and bureaucrats are busy.  Cheryl Wilson, director of the ombudsman services for the St. Louis Long-term Care Ombudsman Office, said the issue keeps her team running around in frantic circles all week, leaving them hardly any time to attend to other advocacy duties.

At Christian Hospital, in North St. Louis County, it happens “too many times not to be addressed by the State,” said Diana Tucker, social work case manager.

The State can’t quantify the number of cases because citations are not searchable by the type of violation.  The facilities say they would rather be cited by the State than take the resident back, Wilson said.

Both the ombudsman program and nursing homes are burdened with the surge in mental health patients. The State’s mental health care budget is dwindling every year. With psychiatric facilities closing, the patients are now moving into the nursing homes, Cheryl Wilson said.

This year, legislators severely slashed funds for the State’s two remaining psychiatric emergency rooms, as well as long-term care for people with mental illness and home care for the elderly.

 

 

Do nursing homes ignore abuse?

Michael Owens of the Bristol Herald Courier wrote an article about National HealthCare-Bristol ignoring the obvious warning signs of abuse including those acts done by James Wright who was recently convicted of sexual assaults.

The article talks about one resident who rolls into a fetal position and reaches with both hands between her legs and around her back and shifting hands from side to side along her inner thighs have left her flesh tissue thin, red and raw as if to block sexual advances. The actions are the psychological remnants of a sexual assault by former employee and convicted serial molester James Wright.

The traumatized woman is among the dozen patients that state detectives say were sexually assaulted at NHC between February 2000 and August 2007.  State detectives have linked him to seven attacks. State medical licensing documents also tie Wright to a later rape at another assisted-living facility, where he took a job immediately after leaving NHC.

Somehow, the abuse continued for seven years even though there were red flags.

The first showed up in February 2000. A resident accused Wright of touching her inappropriately, and then warned him to stay out of her room.  In the following years, accusations by three other patients sent officers from multiple law enforcement agencies looking for an unknown assailant.

NHC contends the attacks could have been stopped had only the abuse been reported up the chain of command to the home administrator.  Employee records and witness accounts suggest that NHC-Bristol management also might have harbored concerns about Wright.   Five female patients complained of being attacked in the months leading up to Wright’s departure. Three times, co-workers blamed Wright almost immediately.

However, instead of firing him or reporting him to the authorities, NHC allowed him to resign with favorable recommendations amid a crescendo of sexual assault complaints. Wright jumped to a similar job at nearby Grand Court Assisted Living immediately leaving NHC.  A solid recommendation by then-NHC Director of Nursing Elizabeth Anne Franklin helped him land the job, internal Grand Court documents show. The reference-check report, penned by Grand Court recruiter Sue Huff, does not mention any warning that Wright had been the prime suspect in a sexual assault case just days before he applied for the job.

These assaults, and the manner in which the complaints were handled, illustrates the skepticism that surrounded abuse claims, and the problem of nursing homes failing to investigate or worse, covering the abuse up.

 

NHC's CNA sentenced to 60 years

The Bristol Herald Courier had an article on James Wright, the NHC CNA who raped multiple residents.  Wright blamed his four victims for the sexual assaults they suffered according to a psychological evaluation. The evaluation was court-ordered to determine Wright’s eligibility for a sexual offender treatment program. The test has roughly 1,200 questions that focus on sexual desires and past relationships.

The evaluation describes the man who once fed, bathed and clothed National HealthCare’s elderly residents as a manipulative hedonist with tendencies of voyeurism and exhibitionism. It also ranks his personality in line with the average rapist and molester.

“He holds the victims responsible ... because the accuser wanted and liked the sex play that happened,” the evaluation states.

“This is no doubt an indescribably despicable criminal act,” Judge Kirksey said before issuing the 60 year sentence. “Certainly, as a certified nursing aide, you understand the position of trust ... you were placed in by these women and by [their] families.”

During the evaluation in March, Wright alluded to the technical significance of his plea.

“I was charged with four counts of groping,” he told the test administrator. “I did not hurt anybody. They were the mental patients. I made an Alford plea on the advice of my counsel. I did not plead guilty.”

“His ... evaluation shows that he preys on people who are helpless,” Wolfe said, noting that each victim had been diagnosed with dementia or Alzheimer’s. “He picked out victims that he didn’t think would be able to tell on him.”

Since Wright’s arrest last year, NHC-Bristol supervisors have been accused of both ignoring and failing to report suspected patient abuse. A state licensing board has fined and reprimanded former Director of Nursing Elizabeth Anne Franklin. Current home Administrator Charlotte Wilson and Nursing Supervisor Helen Roberts face possible sanctions against their licenses.

 

 

Failure to Report Sexual Abuse

WKYC.com had an article on the lack of investigation into sexual assaults in Ohio nursing homes.  The Ohio Attorney General's Office received 158 complaints of sexual violence against elderly and disabled residents of long-term care facilities in Northeast Ohio since January 2006, but only two of those cases ended with a conviction, a Channel 3 News investigation found.

Most of the complaints were forwarded by the Ohio Department of Health, which received 324 complaints statewide, alleging rape and other sexual abuse of residents in nursing homes, residential care facilities and assisted living facilities.

The article discusses several cases and convictions but prosecutors blame the unreliability of the victim's testimony due to their age and dementia.

By law, nursing homes are required to report sexual abuse of residents to the state health department. The health department tries to find cases that aren't reported by examining patient files during annual inspections of long-term care facilities.

But as The Investigator Tom Meyer found, sex abuse cases can still slip through the cracks because long-term care facilities don't always document abuse.

"We see a concerted effort to under-report, to not document things that are significant," said David Krause, an attorney who has sued several facilities for sex abuse that was never reported. "They don't want people to know that it happened at their facility."

Alison Renko, a forensic nurse who treats sexual abuse victims, said family members and caregivers can uncover sexual abuse of elderly and disabled patients by looking for behavioral changes if an employee or another resident comes into the room during a visit.

 

 

Negligent hiring leads to sexual assault

ABC11 had a story about a nursing home employee named Michael Brodie who is accused of sexually assaulting a female resident at the Wake Forest Adult Care Center.  Brodie is a 42 year old CNA. 

There are laws regulating who can and can't work at adult care facilities.  ABC11 Eyewitness News I-Team investigation found that this isn't Brodie's first brush with the law.  His rap sheet also includes misdemeanor simple assault and an assault with a deadly weapon charge.  Just the kind of person you want taking care of your loved one.

"It was very inappropriate that's all I can say about that," Wake Forest Care Center Director Terri Allen said. "I can't really tell you what happened."

 

 

 

 


 

South Carolina should follow Illinois' lead

There were several articles the past couple of weeks regarding Illinois' new  law improving the safety and staffing in nursing homes. Lawmakers unanimously approved legislation that would raise the standards of care and safety in Illinois' troubled nursing homes. See articles from the Chicago Tribune here and here.  The law reflects the 38 recommendations of Quinn's Nursing Home Safety Task Force, which was formed last fall in response to a Tribune investigation into attacks, rapes and murders in the subset of facilities that mix aggressive and vulnerable residents.

The law would require nursing homes to increase staffing levels, meet higher standards before admitting patients with serious mental illness, tighten existing criminal background checks, psychological screenings of incoming nursing home residents, and segregate the most dangerous residents in secure units where they should receive more monitoring and treatment. 

Among the bill's other key provisions is a mandate that nursing homes admitting people with serious mental illness obtain a new certification demonstrating that they can and will effectively monitor and treat those residents. The new standards for those homes would require the homes to have sufficient staff, including psychiatric professionals, on a 24-hour basis; training of staff on "managing aggression and crisis prevention"; and substance abuse programs.

The bill also would establish a database that would track violent incidents inside the homes. It would add safeguards to ensure the informed consent of residents administered psychotropic drugs. And it would expand the state's ability to deny operators permits to open new homes if they run facilities that have repeatedly violated safety standards.

Lobbyists for the nursing home industry agreed to increase nursing staff levels in the next four years to 3.8 hours of daily nursing care for each resident who needs skilled care, up from the current minimum of 2.5 hours. Quinn's task force had recommended 4.1 hours.

It took tense negotiations and an eleventh-hour deal to strike a historic bill that aims to undo a half-century of failed policies and end a legacy of violence in which nursing home residents were raped, assaulted and murdered.

 

I wish South Carolina lawmakers were open to the idea of protecting residents and reforming nursing home care.

 

CNA accused of raping resident

Hilda Almonor, who works at a nursing home, faces charges she raped a patient.  Almonor is an aide at the nursing home.  She was arrested and charged with two counts of rape and a single count of indecent assault and battery. The alleged victim, a 68-year woman, told police that the assaults had been going on for several months.

See articles here and here.

 

Another Rape Arrest

NewsWest9 had an article about the arrest of 47 year old nursing home employee Richard Sanchez.  He works at the Clarendon Community Care Center, where the alleged crime happened. The Donley County sheriff says he does not want to release the age of the reported victim because the case is still under investigation. He expects more charges for Sanchez next week. Sanchez is in the Donley County jail on a $20,000 bond.

 

Why can't nursing homes prevent sexual assaults!?!

The Norfolk Crime Examiner had an article about a resident who was allegedly sexually assaulted.  Police have arrested George Roosevelt Butts Sr., for the sexual assault of a 79-year-old woman. According to police, an eyewitness reported Butts fondling the woman.

The alleged attack occurred last week at a nursing home in Hampton.

 

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...