Resident to Resident Assault

The Daily Times reported a lawsuit filed against Asbury Place Maryville charging that resident Katheryn Hill was sexually assaulted by another patient last March.  Nursing homes have an affirmative duty to protect the residents from abuse.  The suit alleges that Hill, then 65, was admitted to Asbury Acres Nursing Home during March 2009 and was sexually abused on March 13 by another patient, the late James Charles Strickland. 

Strickland “was a convicted violent registered sex offender pursuant to the convictions for rape and incest from 1992.”   Marjorie Shonnard, vice president of operations for Asbury, said .“We do admit that there was an incident between two residents. It was fully investigated. We worked with all the property authorities — the State of Tennessee, Adult Protective Services and the police (Maryville Police Department),” she said.Shonnard said she cannot reveal the findings of that investigation.
 

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.

 

Increase of mentally ill in nursing homes

Here is an interesting article from the Chicago Tribune stating that mentally ill patients now constitute more than 15% of Illinois' total nursing population (92,225) and the number of residents convicted of serious felonies has increased to 3,000, including 82 convicted murderers, 179 sex offenders and 185 armed robbers.  These are troubling statistics and may explain the increases in resident to resident assaults, rapes, and molestation.  Hopefully, the nursing home industry will decide to increase staffing to supervise residents with a history of violence or criminal behavior.
The article mentions several instances where the mentally ill and the nursing homes' lack of supervision caused injuries and death to residents.

More than any other state, Illinois relies heavily on nursing homes to house mentally ill patients, including those who have committed crimes. But the Tribune investigation found that the industry has failed to adequately manage the resulting influx of younger residents who shuttle into nursing facilities from jail cells, shelters and psychiatric wards.  The state's background checks on new residents are riddled with errors and omissions that understate their criminal records, and homes with the most felons are among those with the lowest nursing staff levels.  The facilities had a financial motive for accepting them, suggested Richard Dees, chief of the state public health department's Bureau of Long-term Care. When "the number of seniors going into nursing homes began to decline, there were facilities with empty beds," Dees said.

Meanwhile, state authorities don't track assaults and other crimes in nursing homes, making it difficult to uncover patterns and address the problems caused by unstable individuals.  Police reports show that since March 2008, police reported 511 cases of assault or battery, 27 cases of criminal sexual assault and 24 narcotics violations in city nursing homes.  The Tribune documented instances in which nursing homes failed to report attacks to the state health department as required by law. At the same time, state inspectors do not compile incident reports in a central location. And because the health department's computerized case-tracking software is antiquated and ineffective, department officials have difficulty assembling and analyzing the facility reports to uncover patterns of attacks at unsafe homes, the Tribune found.

Several national studies question whether they receive meaningful psychiatric care in nursing facilities. A pending class-action lawsuit, brought by the Bazelon Center for Mental Health Law and the American Civil Liberties Union, describes some Illinois homes as filthy, frightening holding pens where "groggy" residents watch TV in crowded, noisy common areas or are directed over loudspeakers to wait for medication and meals in long lines.

 

 

 

 

No criminal charges filed in homicide of resident

The May 4 death of a local nursing home patient has been ruled a homicide.  However, no criminal charges will be filed in the case.   Elsie Powell is suspected of pushing Edna Shaw to the floor at Encore Senior Village on University Parkway. Shaw hit her head on the floor.  Both were residents at a nursing home.   The Medical Examiners Office ruled that the blunt impact to Shaw’s head contributed to her death and ruled the death a homicide, the report said.

Powell’s condition has continued to deteriorate, Assistant State Attorney David Rimmer wrote in the report.   “It is doubtful that she was even mentally competent when the incident occurred,” Rimmer wrote. “Therefore, in my opinion, no criminal charge should be filed against her for the unfortunate death of Miss Edna Shaw.”
 

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...