RN hired by nursing home despite conviction for drug theft and distribution

The PostStar.com had an article about a registered nurse working at a nursing home despite being convicted and sent to prison for selling prescription drugs he stole from the hospital where he had worked.  How could he keep his license?  Why would a nursing home hire him for a job where he could steal drugs again?

Bradley Winslow is on parole until August 2009, and said Tuesday he did not lose his nursing license, and was not disciplined by the state, for the January 2007 conviction for third-degree criminal sale of a controlled substance.

He said he "fully disclosed" the conviction when applying for a job at the nursing home, and that the nursing home was aware of his conviction when they looked into his background.

Winslow was a nurse at Saratoga Hospital when he was arrested in July 2005 on charges he sold stolen morphine to an informant for the state Department of Health. He had taken the morphine while working at the hospital. The informant was a doctor who later died of a heroin overdose.

Winslow said he was not disciplined by the state, a comment that was corroborated by the Web site of the state Office of Professions, which lists disciplinary actions against licensed professionals in New York, including nurses. His name is not included among those subjected to disciplinary cases.

Jane Briggs, a spokeswoman for the state Education Department, which oversees the Office of Professions, said the agency could not discuss Winslow’s disciplinary history because it was "pending." She could not explain why the matter would still be "pending" 23 months after he was sent to prison, though.

 

CNA arrested for physical abuse

Ryan Harris of the Daily Post-Athenian wrote a story about a nursing home employee from an Etowah nursing home who was arrested and charged with abusing a 74-year-old blind woman. 
Joyce Stanley is charged with willful and physical abuse after hitting the elderly woman with a clipboard and an incontinence pad, as well as pulling her hair and slapping her.

Stanley is being held at the McMinn County Justice Center in lieu of $20,000 bond and is due in court today. Moses said the elderly victim and four other workers at the nursing home reported the abuse.  Stanley is a certified nursing assistant at Etowah Health Care Center. 

No further investigation at Etowah Health Care Center was done to see if other residents have gotten physically or verbally abused. Stanley has been a certified nursing aid since November 2002, according to the Tennessee Department of Health's Web site.

How did the nursing home not know about her propensity for violence?  Was she overworked?  Burnt out?    What is the explanation?  did they interview other residents?  Who was her supervisor?

 

Another assault at a nursing home.

ABC News, the Denver Channel, had an article about a nursing home employee beating a sick and vulnerable resident of a nursing home.  This story disgusts me.  I hope they throw the book at this guy.  I hope he will never be able to work in the health care industry again. This kind of assault happens far too frequently and typically gets covered up by the nursing home or regulatory agencies.

The article mentions thar Kalen Randolph was arrested for nearly beating to death an elderly patient in his care. He physically assaulted a 74-year-old stroke victim at Ashley Manor.   "He struck him repeatedly. Turns out, he had serious bodily injury, according to one doctor. (Randolph) also then fled the scene leaving eight of these elderly patients at the home without supervision," said Aurora Police spokesman Detective Bob Friel.

Because of a 911 hangup call, police responded quickly to the attack at 3:40 a.m., but Randolph was not in the area.   "We know that he ended up meeting with a girlfriend and having sex in her car. And that's what he was doing at the time when these elderly patients were left in the home," said Friel.

Randolph, a certified nurse's assistant, is charged with eight counts of neglect and one count of second-degree assault.  Ashley Manor is a small facility for Alzheimer's and brain injury patients. It has only nine patients.

Where was his supervisor?  Was he the only person working on third shift?  The nursing home should be held accountable for the actions of their employees.

Another nursing home employee caught molesting residents

Deseret News had an article about the sentencing of a nursing home employee who molested an 85 year old resident where he was employed.  This is a tragic and preventable situation. Why didn't anyone supervise this CNA?  How could they have hired this guy?  Why did they allow him to plea to a lesser crime? How could they give him such a light sentence?

Jacob Mut Bolith was charged in July 2007 with first-degree felony rape, second-degree felony forcible sex abuse and class A misdemeanor lewdness. However, in a plea agreement, he pleaded guilty to forcible sex abuse, a second-degree felony, and the other two charges were dropped.  He was only sentenced to serve a one-to-15-year sentence and ordered him to pay restitution.

"To do this to my mother ... is unconscionable," one daughter said. Her other daughter said a medical exam showed that the defendant did more than "what he admitted."

The article doesn't mention if the facility knew or should have known about their employee's tendencies or if they did a background check or if they recieved prior complaints about his behavior or if the State even investigated the nursing home.


 

Abused resident dies before grand jury could indict

The Fort Worth Star Telegram had an article about a tragic situation where an abused resident died before the grand jury was able to indict his tormentor. 

Elaine Doores, a retired biology professor diagnosed two years earlier with Alzheimer’s, struggled to find the right words to describe the abuse she survived.   "He has hurt me a lot. Every time he bathes me. He puts things in me.  . . . He had sex with me more than once. It’s all the time in the bath."

The 68-year-old woman’s statement led to the arrest of Donald Gene Shelby, a certified nursing assistant at the James L. West Alzheimer’s Center where Doores had been living.

Her daughter says the district attorney’s office stalled in handling the case.  "They sat on it while the victim got worse," Pitt said. "That’s the disservice they did to my mom and my family."

She believes that prosecutors dealing with victims who have dementia or Alzheimer’s should try to present the case to a grand jury without delay.

Elaine Doores was placed in a nursing home Jan. 23, 2007, two years after being diagnosed with Alzheimer’s.  Pitt said Doores had difficulty speaking and performing motor skills but recognized relatives.

Pitt said that on Feb. 18, Shelby told her that her mother was upset the day before because the pajamas that she wanted to wear were dirty. Pitt said she was puzzled because her mother had never seemed to care what she wore.  Later, during the same visit, Pitt said that when she suggested getting "Donald" to help Doores go to the bathroom, her mother became agitated. When questioned, Doores told her daughter that Shelby was "bad" and had done something "wrong."

Pitt said she sought the help of a floor nurse, who asked Doores whether Shelby had touched her. Doores answered, "Yes." When the nurse asked where, Doores replied, "Everywhere," Pitt said.

Pitt went home and told her husband, Deven Pitt, a Fort Worth police detective. At his suggestion, the two contacted Detective S.L. Schloeman, the on-duty investigator with the sex crimes unit, and filed a police report.

Afterward, Doores provided a statement to Schloeman, a copy of which Pitt gave to the Star-Telegram. Doores described Shelby as "scary" and said she was afraid of him. She said he made threats and told her not to tell anyone what he had done.

Schloeman, now a sergeant in patrol, said that to determine Doores’ mental state, she had asked Doores questions, including some about her daughter’s birth date, the current year and where she lived. Doores answered every question correctly, Schloeman said.

"She displayed symptoms of having just a minor case of Alzheimer’s," Schloeman said. "She was able to give me a clear, concise description of what had happened to her. She was able to identify the suspect in a photo spread and identify him by first name."

On March 2, 2007, Schloeman obtained an arrest warrant for Shelby on suspicion of aggravated sexual assault. The next day, Shelby surrendered at the Tarrant County Jail and was released after posting $50,000 bail.

Tarrant County court records show that Shelby was indicted in March 1987 on a charge of indecency/fondling. The state dismissed that case in January 1988 after the accuser, a male minor, committed suicide. 

How could he get a job at a nursing home when he had been arrested for abusing a vulnerable person?  Did the nursing home do a criminal background check?

 

 

 

Nurse arrested for stealing resident's medications

David Krough wrote, for Portland's kgw.com, an article stating that a nurse assistant at a nursing home was arrested for stealing narcotics from residents in other nursing homes.  Nursing assistants provide about 85-90 percent of all the care to residents.

The article is informative but does not provide key information such as prior arrests, employment history, knowledge of the mangement of the nursing homes regarding the missing narcotics or her conduct.  How could she get hired?  Was she a user or a pusher?  What safeguards do they hav ein place to make sure this doesn't happen?  Below is a summary of the article.

Surveillance cameras caught a woman on camera, posing as a resident's granddaughter, then as an employee. Administrators there said the woman snuck in and spent at least three evenings with one of their residents.

Theresa Smith was a nursing assistant who worked at nursing homes in the Portland Metro area.  Police listed Smith as a person of interest after a report of theft of Fentanyl patches at the Laurelhurst Village Nursing Home on SW Stark Street.  She was accused of stealing Fentanyl pain patches from nursing home residents while the residents were wearing the patches. Detectives said she stole from several patients at area nursing homes.

Detectives arrested Smith Wednesday while she was working at the Care Center East Nursing Home on NE Wielder Street.  Smith was charged with burglary, criminal mistreatment, possession of a controlled substance and theft. Police said she may face more charges.
 

Another sexual assault at a nursing home

CBS affiliate KDKA in Pittsburgh had an article about another sexual assault at a nursing home facility.  Do they even bother to do background checks or supervise their employees?

A nursing home employee is facing charges after he allegedly sexually assauted a patient who uses a motorized wheelchair.  Allegheny County Police have charged Marc Lane, 37, of Kittaning, with involuntary deviate sexual intercourse, two counts of indecent assault, indecent exposure and criminal attempt.

The 65-year-old male victim who suffers from Parkinsons Disease said in a police report that Lane came into his room at the Consulate Health Care facility on Saxonburg Boulevard in Indiana Township between April 11 and April 25 and drew the curtain for privacy.

Lane allegedly told the patient he would treat a skin condition, but that in fact led to a sex act. The victim is refered to as "John Doe" in the affidavit.

"Lane then asked Doe if he had ever been with a man," according to the affidavit. The resident told police he resisted the advances but that led to another sex act until a nurse walked into the room.

After a mini mental status exam, the victim scored 28 out of 30. Police determined the victim is of sound mind.

Nursing home pays fine for allowing sexual predator in facility

Pantagraph.com had an article about a Bloomington nursing home paying a reduced $14,500 fine for failing to protect residents from a sex offender who was a patient at the facility.  This is outrageous and shows why lawsuits are necessary to insure that nursing homes are held accountable for their negligence and gross stupidity. 

Asta Care, 1509 N. Calhoun St., failed to screen a male resident who made inappropriate sexual advances to staff and two mentally disabled residents. The acts were noted in nursing records dating to October 2006 at the 117-skilled bed facility but were ignored by management.  The man, who was identified as a sexual offender,  was allowed to remain at Asta Care even after complaints were made by staff. 

Clearly this situation was avoidable if the nursing home simply checked the man's background.  It is shocking that the nursing home only had to pay a small fine for such outrageous conduct.

Nurse's Criminal Records

In Dallas, Texas a local television station has been running background checks on licensed nurses. They have found "thousands of nurses with arrest records." That much didn't surprise me - but the arrests include murder, kidnapping and arson.

What? Murder?

My immediate thought was, don't employers do background checks? My second thought was, are these nurses currently employed?

Turns out that the Texas Board of Nursing "wanted to run background checks of all nurses in 2005" but the state didn't allow the funding at that time. When they finally got the money to do it, they didn't have enough staff to do it - short staffed at the Board of Nursing.

At any rate, it seems to me that even if the state Board didn't check, surely employers do - But I certainly wouldn't assume that. There is a lot of talk out there about a shortage of nurses,but stories like this only confirm my suspicion that it's more than that - its a shortage of qualified and trustworthy nurses. Imagine if your loved one was being taken care of by a murderer . . . Unacceptable.

To check out the article, click here.

Serial rapist caught working at nursing home

There is an article in an Ohio newspaper that discusses an alleged rape of a male resident at a nursing home.

After visiting her fiancé Saturday night at Concord Care and Rehabilitation Center, Linda Monegan knew something was wrong.  Unable to talk or see after suffering a stroke, her 55-year-old fiance nodded his head to signify he was in pain. He had been sexually assaulted by a nurse.

Concord Care night-shift nurse John R. Riems, 49, 100 block of W. Cedarwood, was arrested Monday on felony charges of rape and gross sexual imposition. During questioning Riems recalled abusing nearly 100 patients during his more than 20-year career.  Riems, who obtained his registered nursing license in 1985 through Providence Hospital's nursing school, has worked at several nursing homes.

Concord Care director Jessica Short refused to answer any questions. Instead, she handed over a four-sentence typed statement, closed her office door and called police. The statement indicated an employee accused of "inappropriately touching" a resident was fired.

After she told police about the incident, Monegan said she was ordered by a nurse not to return to Concord Care, and now fears for her beloved's life.

Many of Reims' victims were elderly or disabled and unable to report the abuse.

The family is calling for justice to be served not only on Riems, but the entire nursing staff, who they say are responsible for patient neglect.   Besides the sexual abuse, Monegan said her fiancé suffered from burns to his legs, dehydration, bed sores and an unkempt trachea tube while staying at Concord Care since October 2007.

"What if that was your family member?" Monegan said. "What if that was your loved one?"

Nursing home employee confesses to stealing from residents

Woman admits stealing from Hyde Park nursing home January 14, 2008  See full article here.

A former employee of a nursing home faces prison after admitting in court today she stole more than $8,000 from a resident of the home.  Melissa Johnson acknowledged she had stolen the money by using the woman’s debit card between February and August 2006. 

Johnson had been placed on probation in May of 2006 on an unrelated conviction on a felony forgery charge. She admitted today she had violated the terms of her probationary sentence by carrying out the thefts from the woman at the nursing home.

Another CNA accused of raping residents

Here is a link to an article about a Nashville CNA arrested for raping a 70-year-old resident of a nursing home.  Police arrested 44-year-old Harvey Eugene Taylor for allegedly raping a woman in her room at Madison Healthcare and Rehabilitation Center.

Police said the woman suffered from dementia. He was charged with aggravated rape.
In May, the 70-year-old woman told staff members that Taylor sexually assaulted her.

She was taken to the hospital. Tennessee Bureau of Investigation analyzed DNA recovered from her and it matched a sample from Taylor, who denies having any sexual contact with the patient.

Taylor has been a licensed nurse's aid since 2000.









Patient Safety and Abuse Prevention Act

Wisconsin Senator Herb Kohl is trying to prevent abuse by insituting a national system for criminal background checks on nursing home employees.  Please contact your Senators and encourage them to support this legislation.

Sen. Kohl says the best way to protect our elders from physical abuse is to institute a national system for background checks to determine whether those seeking to work in nursing homes and other long term care institutions have a criminal history before they are hired.

He and Sen. Pete Domenici (a Republican from New Mexico) introduced last month that would provide funding for a national register.   Kohl said the national register will be a tool employers can use to ensure they are hiring responsible people. It would also prevent workers with a history of abuse from moving from state to state to find new jobs.

Statistics and first-hand accounts prove that brutality and abuse exist in long-term facilities.
Nationally, one of every 20 elderly people will be abused in their lifetime. Between one and two million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depend for care or protection, according to Kohl's statistics.

The bill would require states to notify employers about whether an individual has a disqualifying criminal history and provides employers with immunity from anti-discrimination lawsuits filed by individuals who are terminated based on a disqualifying history. At the same time, the bill calls for an independent appeals process for those who are disqualified.

The bill would also allow each state to decide which crimes would be considered disqualifying.
States would also have the authority to penalize providers for knowingly hiring workers with histories of abuse.

See full article here.

Rape of 85 yr old resident

Here is an article talking about another rape of a resident at a nursing home.  Where is the supervision? Where is the criminal background check? Wher eis the good ol fashioned judgment!?

Salt Lake Police arrested a worker at a nursing home today accused of raping an 85-year-old resident.  Jacob Bolith was arrested on suspicion of rape. The CNA is accused of raping a patient at St. Joseph's Villa nursing village July 1.

Police said Bolith has worked at various nursing facilities in the Salt Lake Valley over the past decade. Bolith told police that he faced similar accusations in the past, according to a probable cause statement released by the jail.

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