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.

 

Illinois Task Force Proposals

The Chicago Tribune had an article about the weak and disappointing proposals to improve safety and the quality of care in nursing homes.  A panel appointed by Gov. Pat Quinn proposed  an array of sweeping reforms designed to end the chronic violence and abuse that plague some nursing homes, while fostering better treatment for people with serious mental illness living in those facilities. The proposals range from tightened criminal background checks of new nursing home residents to stronger sanctions and enforcement of facilities with chronic safety breaches.

Quinn's Nursing Home Safety Task Force also recommended that state police begin searching nursing homes for residents with outstanding warrants, and urged the state to increase minimum staffing requirements of the facilities to bring them up to standards spelled out in federal government studies on nursing home care.  "Urge"?  Why don't they propose specific hours per patient day?

 

27 "preliminary recommendations" will be refined before a final report is delivered to the governor. Quinn's task force was formed in response to a series of Tribune reports on assaults, rapes and murders in the state's nursing homes. Illinois as most states, extensively mixes geriatric and mentally ill nursing home residents, and understaffed facilities have failed to treat and monitor their most violent patients, government records show.

Mark Heyrman, a University of Chicago Law School professor and chair of public policy for Mental Health America of Illinois, was more cautious, saying the recommendations "do not go far enough. ... We are concerned that, once the media attention dies down, the state will be under renewed pressure not to enforce either the old laws and rules or the new ones proposed by the task force."

The task force recommended that the state Department of Public Health hire additional nursing home inspectors and retrain its current inspectors to focus on safety and care issues involving the mentally ill. Although mentally ill people, if given proper treatment, are no more likely than others to be dangerous or to commit crimes, many facilities provided grossly substandard care, the Tribune found. Many of the psychiatric patients are clustered in a relatively small subset of nursing facilities whose impoverished residents have few other options, and the paper's analysis showed the homes with the most felons had the lowest nursing staff-to-patient ratios.

Among the reforms that might be put into place fairly rapidly are a tightening of criminal background checks and screenings of people entering nursing homes. The Tribune's review of confidential case files showed the state's criminal background checks on new residents were riddled with errors and omissions that grossly understated their criminal records and danger to others. Some of these poorly screened offenders went on to commit assaults and other serious crimes inside the homes where they lived.

The task force recommended more detailed assessments to gauge people's potential for engaging in violent behavior, and said the criminal checks should be started before people are admitted to facilities. Also, the task force urged the state to sanction homes that do not promptly complete the screening reports.

The Health Department should get greater authority to revoke the licenses of nursing homes that repeatedly violate state safety regulations, the task force said. And government agencies should mete out more severe sanctions on nursing home administrators and top employees who engage in misconduct.

The Tribune reported that frail and elderly residents often were pumped with powerful anti-psychotic drugs without their consent and without a proper diagnosis. One of the nation's most prolific prescribers of psychiatric drugs provided assembly-line care for thousands of mentally ill patients housed in Chicago-area nursing homes -- while a large pharmaceutical company paid him to promote the drugs despite doubts about his credibility.

 

Sexual Assault at Pine Meadows

The Jacksonsun ran an artilce about Sedric "Yakk" Joy who admitted to police that he went into a nursing home patient's room and committed a sexual act, according to an affidavit.  Joy is charged with sexual battery in the incident and is being held on $50,000 bond.  The affidavit says police received a complaint on Dec. 26 of a possible rape at the Pine Meadows Healthcare and Rehabilitation Center.  A spokesperson for the nursing home refused to say why Joy was at the nursing home or how he got into the victim's room.

The victim's roommate told a nurse that a man came into the room and attempted to undress the victim.  The man then exposed himself and climbed on top of the victim. The victim, who was in a geriatric chair, is not able to carry on a conversation or defend herself due to her medical condition. Investigators went to Joy's home a short time after the initial call and questioned Joy.  Joy admitted to the incident to investigators.

Prestige Healthcare owns Pine Meadows.  Pine Meadows is a skilled nursing facility licensed for 134 patients.

 

 

Safety of residents in danger?

As a follow up to yesterday's entry about Georgia's ridiculous and dangerous idea to house mentally ill prisoners and sexual offenders in nursing homes, I saw this tragic article on the Chicago Tribune's site.

The article discloses a newly obtained government report and interviews show that a registered sexual offender allegedly groped a mentally impaired woman at the facility last month.   The Asta Care Center of Toluca in central Illinois failed to investigate the incident, implement an appropriate care plan for the sexual predator, Frank Aoskad, or properly monitor him to protect others.  Aoskad is alleged to have molested female residents in two prior incidents at the Asta Toluca home and a sister facility in Bloomington, according to state investigators.

Facility attorney Michael Siegel acknowledged to the Tribune that administrators erred in not interviewing Aoskad or the female about the alleged sexual abuse, as required. A Tribune article Friday chronicled allegations of sexual abuse against Aoskad, 80, as part of a wider examination of Illinois nursing homes' failures to notify local law enforcement that they housed convicted sex offenders, as required by law, or to implement plans to isolate, monitor and treat the offenders inside the facilities.

Aoskad was moved back to Toluca this summer and given a state assessment calling him a "high risk" of danger to others.  The report, dated Oct. 26, says that a mentally disabled woman told her sister that Aoskad groped her. When later interviewed by state investigators, Aoskad denied touching the woman.

 

Will nursing home be held accountable for assault?

San Antonion's KENS5.com had a story about the family of Janice Maier who is in ICU as a result of an assault and  choking incident.   The family blames the facility ofr failing to prevent the assault of their mother who was choked and beaten by a complete stranger. The family says the home not only failed to protect their loved one, they didn't come to her rescue after she was choked and beaten.

Maier remains in I.C.U. at University Hospital. Kens 5 contacted the Brookdale Senior Living Center, but we were told managers were not availible for comment.    A family member who did not want her name given out for her own safety, spoke exclusively to Kens 5 about a lawsuit she's filing against the Brookdale Senior Living Center.

"How did he get in? How did this happen?" she asked. "I was very shocked and horrified."  "The idea that at four in the morning a door is left open on Nacogdoches is imcomprehensible," said her attorney, Tim Maloney.  "First and foremost its the responsibility of these places to protect their patients," said Maloney.

According to the police report Villareal "saw a door in the back that was ajar and after he pushed it hard it opened."   "He just walked right in," said the relative. "I have a lot of questions about that."

But something else that is raising her eyebrows even more in the report?

"Police had to tell the workers there to check the rooms," said the relative. "My poor aunt was laying there who knows how long until it was discovered she was hurt."
 

Lazy CNA punches and chokes resident

Princeton Daily Clarion had an article about Bryan Dillman, a certified nursing assistant at Good Samaritan Home and Rehabilitation Center in Oakland City, charged with choking and punching one of the facility's vulnerable residents. He was arrested for a felony battery charge after police were called in reference to a battery with injury on a woman living at the home.

According to an affidavit for probable cause, a nurse at the home, Sharlet Sillz, found Dillman asleep in DeeAnn Hoffman's recliner in her room.  Silz admitted in her affidaivt that she told Dillman she would not report him because "she knows that he is tired and that he has kids."  Hoffman, who had been undergoing a test, went back to her room.  Sillz then told police she heard Hoffman yelling "please don't hurt me" and Sillz heard a smacking noise coming from Hoffman's room.  Dillman then quickly walked away and Sillz went into the room. According to the affidavit, Hoffman said to Sillz that Dillman had tried to choke her and hit her numerous times in the face.

After police spoke with Hoffman, she said she had told Dillman she was ready for a shower when Dillman jumped out of a chair, got behind her and put both hands around her neck and choked her.  Dillman punched her in the face with his fist.  The affidavit says Dillman is 6-foot, 1-inch, and weighs 225 pounds. 

 

The fox is guarding the henhouse!

The DesMoines Register had one of the most disturbing articles I have ever read.  Daniel Larmore is the chairman of the board that oversees Iowa's nursing home administrators.  That board is charged with licensing and disciplining Iowa's nursing home administrators — but it has taken no action against an administrator in two years.   He characterized the sexual abuse of a resident in his facility as a "meaningful" relationship that caused no harm to the resident.  How dare he say such an irresponsible thing.  Who the heck does he think he is.

Larmore was the administrator at the Harmony House care center in Waterloo.  State records show that Larmore himself faced allegations from the state inspectors in 2004 — and was never investigated or disciplined by the board.  The incident resulted in a $3,500 fine against the facility, a detailed report of the inspectors' findings should have been sent to the Iowa Department of Public Health, which would have passed the information on to the board for its review.  It is unclear whether Larmore's case was ever sent to the board for consideration. But Larmore has also acknowledged to the Register that the board failed to review some cases that were sent to the board for potential disciplinary action.

In June 2004, the Iowa Department of Inspections and Appeals alleged that Larmore failed to properly investigate and respond to complaints that a female nurse aide had repeatedly engaged in sex with a brain-injured, 29-year-old male resident of the home. The aide's co-workers had witnessed several suspicious encounters between the resident and the aide, and had reported their concerns to supervisors. At one point, the resident's roommate complained, saying the two seemed to be having sex on the other side of a privacy curtain.

State inspectors accused Larmore of making little effort to investigate the matter when an employee first voiced her suspicions. The state also alleged he failed to separate the resident and the aide once the complaints were made. The aide finally confessed to having sex with the resident.   In a written response to the state's allegations, Larmore argued that sex between the caregiver and the resident did not cause injury or harm to the resident.  The resident had a brain injury and clearly could not have given consent.

Larmore wrote: "The relationship was initiated by, and was meaningful to, (the resident). ... The presented situation was one of mutual interest of a (resident) and a caregiver and, although inappropriate, did not present potential or actual harm to the consumer due to the reciprocal fond relationship."

In Iowa, a professional caregiver who engages in sex with a nursing home resident can be criminally charged with dependent-adult abuse. Larmore acknowledged in his response to the state that after the first concerns were voiced about intimate or inappropriate contact between the resident and the aide, he didn't talk to other employees or to the victim. In May, before Larmore resigned as Harmony House administrator, he fired nurse aide Tina Turner, 29, for allegedly having sex with a resident of the home and providing the man with marijuana.

Turner denied the allegation. One of her co-workers alleged Turner confessed to disconnecting the man from his ventilator so he could inhale the drug, saying, "I didn't want to kill him or anything. I just wanted to get the dude high."
 

So this SOB covers up the sexaul assault of a brain damaged resident and fails to properly investigate of prevent it and he gets rewarded by becoming the chairman of the group that investigates Administrators?  Are you kidding me?
 

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.

 

 

Sexual assault by nursing home employee

News4Jax.com had a story and JacksonvilleNews.com also ran a story about a nursing home employee who worked for Regents Park Nursing Home charged with sexual assault on a vulnerable elderly resident.  Anthony Njorge was arrested on two counts of sexual battery on an elderly resident who was not only mentally impaired but also physically helpless.  This guy needs to go to jail for a long time.  Nursing homes are places family members trust to keep their loved ones safe and cared for properly.

According to the arrest report, the incident happened around 3:40 a.m. Sunday when another employee told officers she heard noises coming from the victim's room.  The witness later told police in the report she saw Njorge in the victim's room cleaning up, then came out of the room with a clear plastic bag he threw into the disposal room.  A witness told Jacksonville police she heard something from one of the rooms, and when she went in she saw nurse Njorge assaulting the resident. The witness told police she reached for her cell phone, but the man tried to stop her. Police are withholding information both because of the nature of the crime and the investigation.

 

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