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.

 


 

Abuse Investigation

The Orlando News had an article about the investigation at Springs Group Home into the abuse of a resident with cerebral palsy. DCF is looking into allegations that two caregivers at Springs Group Home used excessive force on Bryan Barborka. His arm was fractured and his body was badly bruised when the workers were trying to restrain him.

DCF investigated this nursing home back in 2008 for a complaint as well.

 

Resident Suffers Severe Burns

BakersfieldNow had an article about the neglect suffered by Anita Ramirez after spending less than two weeks at LifeHouse Parkview nursing home.  The family discovered that Ramirez ended up with serious burns during her brief stay. Ramirez was sent to the nursing home to resolve a bedsore from a recent hospitalization

"She needed to be turned every two hours," Dias (daughter) said. "And she was on an I.V. antibiotic, and they felt this was the best course of action."

The family soon had concerns about Ramirez' care.  Another daughter, Amanda Ayala, was very worried and she called police to help get Ramirez transferred to the hospital.  "The same nurse that saw her two weeks or three weeks prior, saw her -- and said, What happened to you?" Dias said. "One of the nurses that bathed her cried, and said nobody deserves this."

The doctors then ordered Ramirez to be transferred to the burn center at San Joaquin Hospital. 

"Once they did an evaluation, they came to realize that these were severe burns all over her body," Dias said. The family has photos showing badly damaged and darkened skin. "She literally has no skin left on parts of her body," Dias said.

The article states that Eyewitness News contacted the California Department of Public Health, and spokesman Ralph Montano said the agency "can confirm an on-going investigation regarding Parkview Health Center." He could not say if that relates to the complaints regarding Ramirez.

Checking the state Health Department website, two complaints are currently on file regarding the LifeHouse Parkview facility on Real Road, but one is from mid-March and the other was started in mid-January.


 

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.

 

 

Neglect leads to Wandering Death

MYFox9 had an article about the Minnesota Department of Health's investigation into the wandering death of a resident who froze to death.  The investigation revealed that the Jones-Harrison assisted living facility was guilty of neglect in the death of a patient who wandered outside last November.  The cause of the patient's death was listed as hypothermia from cold exposure.

Staff carelessly lost track of the woman with dementia on the evening of Nov. 21.  The family member said when she arrived at Jones-Harrison on the morning of Nov. 22, police had still not been called and the patient hadn't been seen inside the facility in 16 hours. Staff members were unable to locate the woman and were confused about her whereabouts before finding her around 10:30 a.m. the next morning frozen, with no pulse, near a parking garage. 

The report concluded that the resident walked through a gate door that was left open.  A maintenance worker leaving around 4 p.m. the day of the incident left the gate unlocked. The worker admitted to leaving it unlocked for his own convenience, using it to get to quickly get to his car in the cold weather.  There was no explanation why another staff member did not see that the gate was unlocked or how the resident was able to leave the facility without anyone noticing.

The nursing home did not effectively manage its resident register to keep tabs on patients, and staff did not initiate the missing persons protocol in a timely manner.


 

Fall at Nursing Home was Preventable

The Star Tribune had another great article about State health investigators' conclusion that Providence Place is to blame for the death of a resident who rolled down a stairwell in her wheelchair last May and died.  The Minnesota Health Department said the woman died because the facility failed to change the resident's care plan after she had twice previously tried to open the door to the same stairwell. The second attempt came 30 minutes before the woman died.  Nursing homes have a duty to keep residents safe and prevent foreseeable injuries. 

According to the report:

The woman, who suffered from anxiety, depression and other behavioral problems, had a history of wandering around the facility and trying to open doors. A few weeks before the fatal fall, an employee saw the resident inside the stairwell and pulled her out. The employee reported the incident to a registered nurse on staff. On the day of the fall, the woman was found on the concrete stairwell landing, face-down and strapped into her wheelchair. Efforts to resuscitate her by staff members and paramedics failed.

 

 

Investigation into Morphine Overdose

The News observer had an article on the investigation into the death of a nursing home resident at Britthaven of Chapel Hill.   Rachel Holliday died in February from toxic levels of morphine in her body.   A medical examiner's report said Holliday had not been prescribed any opiate painkillers.  The State Bureau of Investigation is looking into her death after several residents tested positive for opiates following her death.

UNC Hospitals caregivers found more than 50,000 nanograms of morphine per milliliter in Holliday's urine. More than 2,000 nanograms would trigger a positive result in employment screenings, based on federal guidelines.

The nursing home has had regulatory issues in the past few years and had been labeled a "special focus facility" for its substandard care. During inspections in 2008 and 2009, the nursing home was found to have put some residents in jeopardy by failing to protect them from abuse.

 

Failure to Investigate Abuse

Dallas News had another article about the lack of supervision, enforcement, and investigation of nursing home complaints of neglect and abuse in Texas.  Regulators have repeatedly found problems and cited violations at Veterans Land Board, which the General Land Office is the parent agency of the veterans board.   But the criminal investigation into Bryson Vanderbilt, 25, and Connie Mae Johnson, 52, charged with "striking, pushing, grabbing and forcefully handling" two residents in separate incidents languished for over two years because of confusion over who should investigate, cumbersome bureaucracy and conflicts among local police, state officials and home administrators,

The witnessed allegation of abuse includes a CNA grabbing a 97-year-old from his wheelchair and slam him into his bed. Another employee at the home was accused of punching and trying to choke Albert Teague, 84, a Marine who fought at Iwo Jima. Felony charges were finally filed against the ex-employees last month.   The allegations that resulted in the recent criminal charges were first checked by Big Spring police in late 2007. But interviews and records obtained by The News through state open-records laws indicate that a criminal investigation was delayed partly because the police yielded to the state agency that inspects nursing homes.

Senior Dimensions, the Austin-based firm that manages the home under a state contract, said it contacted the police and began an internal investigation. The police report, dated Nov. 9, 2007, said Cpl. Adam Stovall spoke with a unit manager who said a certified nurse aide had seen a male co-worker abusing one of the residents.

But, Stovall wrote, the home's administrator, Bob Kerr, would not give police copies of the employee statements about the incidents.

Stovall said he saw one statement, from resident Wilson Sikes, who said he had slammed Vanderbilt's hand in his nightstand because the man was going through his belongings. Vanderbilt then "lifted his wheelchair and dumped Sikes in his bed, then sat on him and slapped him across the face with gloves," the police report said.

Sikes recounted the same abuse to Stovall, who said he saw no "obvious injuries" to Sikes.

Kerr, a Senior Dimensions employee, told The News that he couldn't recall whether he declined to turn over witness statements. But if so, he said, it was "because we were in the process of doing an internal investigation and we felt those were part of our internal investigation."

Senior Dimensions said last week that it wouldn't release a copy of its internal investigation.

 

Over the past three years, inspectors from the state's Department of Aging and Disability Services have documented several problems at Amarillo veterans home.

The Veterans Land Board, the division of the land office that runs the homes, says the price is cheaper than most privately owned nursing homes because of extra funding from the Department of Veterans Affairs.

Inspections by the state's Department of Aging and Disability Services, reviewed by The News, show a series of problems at the Amarillo home, which is run by San Antonio-based Touchstone Communities. Among them:

• A woman was hospitalized with gastrointestinal bleeding after a lab test, including blood work, was not done and a staff member misread her doctor's orders. As a result, she received too much of a blood-thinning drug, resulting in an "abnormal bruise" from her lower back to her right leg from a fall.

• An elderly woman with Alzheimer's was found on the floor with the neck of her nightgown caught in her bed's rails. The inspection found that she had redness around her neck. A previous assessment of the woman said a staff member needed to get her in and out of bed, but it didn't call for the use of safety devices or restraints, which are used to prevent falls.

• From September 2008 to April 2009, four residents suffered first- and second-degree burns from spilled hot coffee. After three residents were hurt, an employee put a sign on the coffee machine for her colleagues: "You will bring coffee down to 140 degrees by adding ice. No exceptions. You will go to the Administrator's office to explain why you burnt someone!!!"

 

\The Big Spring home, which opened in 2001, is a sprawling complex that state regulators cited the home for several violations, including:

• A resident, unattended in his wheelchair, left the veterans home building. The resident was found in the cold darkness, lying on the cement about 80 feet from the front door, with swelling to his left eye and cheekbone. He spent two days in the hospital.

• A man choking to death on a radish, although his physician earlier had ordered a soft diet for him. The man had Alzheimer's disease, schizophrenia and dementia.

• A resident with Parkinson's disease who was not offered timely counseling or psychiatric help last year after he talked three times about death and suicide, and then wrapped his feeding tube around his neck twice in one day.

• Lack of a system for ensuring that beds were in locked positions after a man fell when his bed rolled. The home also did not properly supervise another resident who had been found on the floor at least four times in less than two months.

In one case, a man who was known to be at risk of falling tumbled out of bed and then fell twice in the bathroom, hurting himself each time. An inspector asked an employee why she didn't investigate the last incident.

"I guess I missed that one," the employee replied, according to the inspection report.

 

 

What the hell are you doing?

The Star Tribune had an article about another disturbing incident of abuse at a nursing home.  An aide at a nursing home crammed a sock in the mouth of a screaming resident because the woman wouldn't be quiet.  The investigative report quotes a co-worker as saying, "What the hell are you doing?" as the incident  took place in the resident's room at  the Sunnyside Care Center.

The co-worker told an investigator that the nursing assistant "chuckled" and responded
that the resident "wouldn't quit hollering," the report added. The co-worker then removed
the sock from the resident's mouth. The nursing assistant was hired in October 2009 at the care center.  He denied putting the sock in the resident's mouth and said some of his colleagues were trying to force him out.   A claim by the resident that the assistant also slapped her that evening could not be substantiated. 

 

How to file a Complaint

The L.A. Times had an article about options when a loved one gets injured at a nursing home or hospital.  The California Department of Aging received 43,000 nursing home complaints in 2009. Some alleged patient abuse or neglect; others reported missing items. And some commented on the quality of the food.

"There is growing public awareness, people are feeling more empowered, and they have tools at their disposal to make a complaint," said Ralph Montano, spokesman for the California Department of Public Health, which regulates hospitals and long-term care facilities in the state.

Here's how to complain.

In-houseMost patient advocates recommend first talking with providers within the nursing homes.  If that doesn't work, you can talk with other people higher in the chain of command, up to the administrator.

Insurers  Another option is to file with your insurance company. The California Department of Managed Health Care requires that insurers in the state have a written process for patient complaints about hospitals and nursing homes.

Joint commission  The Joint Commission on Accreditation of Healthcare Organizations is a not-for-profit agency that accredits and certifies more than 17,000 healthcare organizations and institutions such as hospitals, nursing homes, behavioral health facilities and clinical laboratories nationwide. The commission's Office of Quality Monitoring evaluates complaints filed against accredited organizations relating to care and safety issues.

Complaints can be faxed, phoned, e-mailed or mailed to the Joint Commission. When filing a complaint, briefly summarize the issues and provide the name and address of the facility. The agency takes one of four actions, depending on the complaint's severity. The healthcare facility may be asked to provide a written response to the allegation. The complaint may be reviewed and considered during a coming survey. It may be placed in a database used to track performance. And if there is a serious threat to patient safety, a staff member will conduct a surprise visit to the organization.

Ombudsman   The California State Long Term Care Ombudsman Program can help resolve problems at nursing homes. It's the arm of the state's Department of Aging that investigates complaints made against long-term care facilities. There are 35 offices in the state, staffed with ombudsman representatives who advocate for residents of the 1,200 nursing homes and almost 8,000 residential homes in California.

When a complaint is received, an ombudsman from a nearby office goes to the facility to investigate within two to three days, said Joe Rodrigues, the state long-term care ombudsman. If the facility takes action, the case is considered resolved.  If there is no resolution or if the problem is about neglect or abuse, the ombudsman will bring it to the attention of the California Department of Public Health, which regulates nursing homes and hospitals.

State regulators   If you are filing a complaint with your local ombudsman, file one with the Department of Public Health for good measure, recommends Pat McGinnis, executive director of California Advocates for Nursing Home Reform.

The department's staff responds within 24 hours to severe complaints and within 10 business days for minor complaints. When a facility is found to be at fault, the department can issue fines, deficiencies or revoke Medicare and Medi-Cal funding.

"If this is something that happens a lot, it is something that may be going on with everyone," she said. "We want people to look at systemic problems, because it is not just your mom, but it is probably happening to others who don't have advocates as well."

 

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...