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Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty, through the courts.

August 21, 2013

New State Law Seeks To End Abuse Of The Elderly


By: Amy Lipman
Aug 16, 2013

GRAND JUNCTION, Colo. (KKCO)

 A new Colorado law is looking to put a stop to abuse of senior citizens.
"We have a responsibility to make sure that as our senior’s age, when they become more vulnerable that we have the right resources at the right time to help them age with grace," said Reggie Bicha of the Colorado Department of Human Services.

Colorado was previously one of three states that did not require professionals who work with those above the age of 70 to report suspected cases of abuse.

The law covers a range of cases from physical abuse to financial exploitation.
"Folks who have saved their entire life to care for themselves and their families as they get older, to have a family member, a neighbor, a friend come in and take advantage of those resources and exploit them," Bicha said. "We need to stop that."

The law, which goes into effect July 2014, will give counties more resources to better train those who work with senior citizens.

It also will attempt to reduce the ratio of professionals to elderly people from 50 to 1, which law supporters say is one of the state's highest, to 25 to 1.


SOURCE:       The NBC11 News
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Care Worker Arrested For Elder Abuse After Deceased Woman Found In Home


by Joseph Sumbi (Editor)
August 15, 2013
By Bay City News Service

Vallejo police arrested a health care provider Tuesday after the elderly woman she was caring for was found dead.

Ann Marie De la Houssaye, 37, of Vallejo, was arrested on suspicion of elder abuse and neglect and possession of a controlled substance, Lt. Sid DeJesus said.
Solano County Health and Social Services asked police to check on the welfare Tuesday of 78-year-old Rosie Dright at her home at 148 Florida St.
The Vallejo Fire Department also responded, and police found Dright's body in the home. She appeared to have been deceased for "a lengthy period of time," DeJesus said.
Health and Social Services officials identified De la Houssaye as Dright's care provider, DeJesus said.
She was booked in the Solano County jail.

The Solano County District Attorney's Office filed misdemeanor complaints Dec. 18 and June 13 against De la Houssaye, according to Solano County Superior Court records. She was scheduled to appear in court Oct. 7.


SOURCE:       The Benicia Patch
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Salinas-Area Financial Adviser Pleads No Contest to Elder Abuse


Aug. 15, 2013  

Sandee Palmer Larkin, 65, entered a plea of “no contest” Tuesday to one felony count of financial elder abuse, the Monterey County district attorney’s office said. Larkin runs a business assisting people manage their money called Larkin Financial and Assistance Services.
While working for an elder (defined as anyone over 65), Larkin was responsible for making sure the victim’s account was balanced and the bills were paid in a timely manner, prosecutors said. She was also allowed to write checks including her own salary. She increased her own pay for several months ultimately taking at least $5,000 that she had not earned by overpaying herself, prosecutors said.

“The family thought they had done everything right by hiring a ‘professional’ to make sure their loved one’s bills were paid and nobody was stealing from her,” said Deputy District Attorney David Rabow. “Unfortunately for them, Ms. Larkin did steal money from the elder victim. Consumers are advised that professional fiduciaries are licensed by the California Department of Consumer Affairs and their status can be verified atwww.fiduciary.ca.gov. Larkin does not hold a current license according to the website.”
Anyone who believes that they have been the victim of elder abuse should contact local law enforcement or Adult Protective Services at 831-883-7565.

Judge Larry E. Hayes is scheduled to decide Larkin’s sentence at 8:45 a.m. Sept. 24. The sentence could range from felony probation up to four years in jail, prosecutors said.


SOURCE:      The Californian
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August 14, 2013

Not Right to Abandon Ailing and Elderly Parents (Borneo)



by Irene C.
August 12, 2013
KUCHING

Elderly parents are not to be treated like extra baggage or unwanted pets to be dumped  in front of old folks’ homes such as Rumah Seri Kenangan like what some individuals have done.
Calling this a worrying trend, Minister of Women, Family and Community Development Datuk Rohani Abdul Karim lamented that this constituted a social problem which should not happen as the nation approaches a developed country status.
In fact, she said, children of these old folks, those sickly or bedridden should take it upon themselves as their filial duty to shower them with love and care.
“The opportunity to take care of your parents are limited, therefore, grab the remaining time to take care of them like how they took care of you before,” said Rohani when met at her Hari Raya open house at her house yesterday.
She was among the dignitaries receiving Head of State Tun Datuk Patinggi Abang Muhammad Salahuddin and his wife Toh Puan Datin Patinggi Norkiah in their Hari Raya visits yesterday.
She added that it is very sad to see senile old folks who do not even know their own name and home address being dumped.
When asked about the rules on admitting old folks to the home, she said it would depend on the condition of the persons, like having no living relatives or family to support them.
She, however, advised that sending them there should only be a last resort as the waiting list is long besides it being very disheartening to see children leaving the responsibility of caring for their ailing and old parents to the institutions.
On laws to punish those abandoning their ailing parents, Rohani said it was not feasible to have such laws yet as it would result in congestion in prisons.
She suggested that children send their old parents who are still active to the Old Folks’ Activity Centre at Jalan Ong Tiang Swee to occupy their time.
“At the centre, we have various activities to fill up their time while their children are at work. After working hours, they will be picked up by their respective children and brought home,” she said, adding that the centre also teaches the old folks to make handicrafts which are marketed under the ‘Purple DNA’ brand and proceeds would be shared between them.
First opened in Miri, the centre is now available in Kuching, Sibu, Bintulu, Sri Aman and Dalat, Mukah.


SOURCE:      The Borneo Post
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Dismay Over Treatment of Some Elderly People in Scottish Hospitals


12 August 2013

IT was with some dismay I read Healthcare Improvement Scotland's audit of care of older people in acute hospitals.
While there was some good ¬practice which identified 25 areas of strength across eight inspections, there were 87 areas identified for improvement, including issues such as staff not always using appropriate and respectful language when referring to older people in hospital.

In three hospitals, inspection staff found a lack of meaningful stimulation and activity for patients and, across all hospitals inspected, staff were not completing food and fluid balance charts accurately or consistently.
This audit comes some five years after the Scottish Parliament cross-party group on Alzheimer's, which I chaired, produced a report with recommendations on how to improve the hospital experience of older people with dementia.
The report recognised that, by taking simple measures, we can save lives: minimising hospital moves, ensuring good hydration and nutrition and understanding the importance of exercise and stimulation.
We know that increased mortality rates, higher re admission rates and functional decline are associated with this vulnerable patient group.
The report should be operational in every health board. So why do we still read of so many system failures?
Previous inspection reports from the Care and Mental Welfare Commissions make for distressing reading. Despite a highly developed policy structure, reports containing damning information about the care and treatment of older people across all care settings are still being published.
The Dementia Carer Voices project regularly receives reports of less than satisfactory care that falls far short of what would be expected.
The central problem is that the gap between policy and implementation is widening to become a gulf.
The role, paid and unpaid, of caring for older people is undervalued. We pay the lowest wages with the worst conditions of service for those who look after our most vulnerable. We need to raise the profile and status of caring and pay appropriate wages. Besdies being the right thing to do, the economic argument around keeping people well in their own home supported by carers who receive proper allowances is incontrovertible.
As to institutional failures, it is time to get tough.
Frail older people are at risk but people with Alzheimer's and dementia are at particular risk due to their difficulties articulating how they are being treated. We rightly accept the importance of protecting children in our society. We have an independent Commissioner for Children and Young People to protect their rights and give them a voice. We have yet to place the same value on those with dementia and frail older people.
Sarah Rochira, the Independent Older Person's Commissioner in Wales, challenged the Health and Social Care Alliance annual conference to ask the question what constitutes abuse - lack of nutrition, hydration, inappropriate restraint, no outdoor activity, waiting for a bedpan -- and why there are so few prosecutions for elder abuse.

If we are not completing nutrition and hydration charts, how do we know how well someone has eaten across changes in staff shifts? When staff tell patients they'll be there in five minutes with a bedpan - and this becomes 20, is this acceptable?
There needs to be what might feel like an uncomfortable discussion about sanctions and prosecutions. It is a language many politicians and professionals don't like. Interestingly, it's a language with which the Welsh Commissioner seems comfortable .
A clear message about the ¬parameters of inappropriate and inadequate care and treatment of older people in Scotland is overdue. When does inadequate become criminal? How many prosecutions have taken place for elder abuse? We have no qualms about discussing these matters in regard to children so why are we so reticent to act on behalf of our older people?
There has to be independent accountability in the system to ensure that change happens. Maybe it is time for Scotland to look to the Welsh Commissioner's Office for a solution.


SOURCE:         The Herald, Scotland
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Aged Care Workers Cite Abuse and Neglect of Nursing Home Patients (AUSTRALIA)


Aged care workers cite abuse and neglect of nursing home patients
Lateline By Margot O'Neill
13 August, 2013

Aged care workers say their industry is facing a staffing crisis, with claims of abuse and neglect as patients struggle to get even basic care.
In phone calls and emails with scores of carers, nurses, facility managers and even former health bureaucrats, ABC's Lateline program has uncovered a pattern of failure in many facilities.
Staff say they often do not get time to properly feed, hydrate or toilet residents, that broken bones and infections can go undiagnosed and that there are frequent medication mistakes, at least 10 a month.
Lynette Dickens, a specialist palliative care nurse with more than 20 years' experience working in aged care, told Lateline of an instance in which an elderly man buzzed for help to go to the toilet but was left waiting for 30 minutes or more.
"According to him she said 'you've just had a pee, you don't need to go again' and he said 'I do!' and she abused him and walked outside," Ms Dickens said.
"He kept ringing the buzzer and he said 'I'm going to wet myself, please help me', and she grabbed the buzzer and threw it to the end of the bed and said 'I've got better things to do.'
"I put in an incident report. Nothing was done."
She says staff in many facilities often struggle to complete basic tasks, such as regular toileting.
"They feel very disillusioned and demoralised and feel they know they want to do a good job but that it's not possible," Ms Dickens said.
Elderly patients suffer as basic tasks ignored
With no mandatory minimum staff-to-patient ratio, Lateline has been told of shifts with one carer for 20 or 30 high-care patients.
It means residents can be left for hours in incontinence pads, risking dangerous skin and urinary tract infections.
Elderly patients sometimes have to plead for more because pads are locked up.
"In my experience, incontinence pads are rationed, generally three a day, and the rest are stored and locked away in a cupboard and only one person has the key," Ms Dickens said.
"So anybody wanting extras has to get permission."
Ms Dickens says three pads per day is not enough.
"Many residents were saturated from ankle to head, or in bed absolutely drenched in stale brown urine," she said.
Many staff also complain that doctors can be hard to find, with Ms Dickens remembering how one woman was left to die convulsing and asphyxiating on her own vomit for hours.
"It's quite traumatic, somebody choking on their own vomit, unable to take a breath," Ms Dickens said.
Ms Dickens intervened, trying to contact the woman's doctor, who did not respond. She tried the locum, who refused to come, and later the hospital, which refused admittance.
She finally called an ambulance, which meant the dying woman received some oxygen, which the nursing home had run out of.
"A carer stayed back after duty," Ms Dickens said.
"This lady had no family, no one else was there, it was only us."
Patient numbers rise as staff shrinks
There are now more chronically ill, dependent and demented elderly patients needing more complex medical care in nursing homes than ever before.
At the same time, there are less medically-qualified staff than ever before.
Seventy per cent of nursing home staff are now low-paid, low-skilled carers.
Many complete thorough training courses, but many do quick online course and some have a poor grasp of English.
Once on the job, they can be pressured to perform tasks beyond their limited training, such as attending complex wounds or dealing with catheters.
Sophie Cutriss, a registered nurse and aged care teacher who has worked in more than 10 aged care facilities over a 20-year career, says carers are supervised by a dwindling number of registered nurses who can be responsible for more than 100 patients.
Their jobs are made more difficult by the mountainous paperwork they are required to fill out each shift so management can access government subsidies.
Mrs Cutriss says staff are sometimes forced to cut corners.
"It's easier to pull the elderly person off their bed, shove them on a toilet chair and take them straight to the bathroom with very little privacy, and quicker to have them defecate and urinate in the shower, than take them to the toilet," she said.
"Elderly people are being dragged out of bed early in the morning to help staff try to get through all their work.
"And I must say that they are mostly caring, compassionate, empathic people who are trying to do their best."
A Victorian carer says he breaks the criminal code every night when he locks dementia patients in their rooms because he does not have enough staff to ensure their safety.
"Management has ignored my requests for extra staff," the carer said.
Some staff crack under the pressure or are the wrong kind of person to be working with the frail elderly.
"I saw an elderly lady smacked and pushed back in her chair," Ms Dickens said.
Mrs Cutriss said: "I've heard them told 'you smell like you've got a dead rat up your arse', or being yelled at, 'stop that' or 'get out you dirty old man', words like that."
Picking up on subtle changes in health is key: GP
Alzheimer's Australia chief executive Glenn Rees says in recent weeks the organisation has received a lot of correspondence detailing "disturbing" treatment of elderly people in care.
He said the time has come of the industry, community and government to overhaul the system.
"In some cases there is very, very poor care being delivered which is quite unacceptable and as an organisation we believe there should be zero tolerance of that," he said.
"We don't run away from the fact that poor quality of care has to be tackled and we think there are a number of ways in which the federal government and service providers and consumers can do that together."
Mr Rees said spot checks and the accreditation of service providers is designed to ensure a high standard of care "and clearly that hasn't happened".
"The preferable approach is to have some transparency in what the care outcomes are being achieved and that isn't in place - there aren't any quality indicators," he said.
"Much of the monitoring that goes on addresses the systems and compliance."
Dr Joachim Sturmberg, a health care academic and GP who treats patients in nursing homes, agrees and says the system is more about box ticking than looking after people.
"Frailty is not well understood - it means the physiological ability to respond to change is very limited and it is the stage before you pass on," he said.
He says good medical care of the elderly requires vigilance.
"[A patient's health] can be changed by small things, like urinary tract infection which, if not picked up, turns into delirium and can tip over into death," he said.
"Which is why it is important that staff are able to pick up subtle changes in the patient."
Many facilities still provide good care because of dedicated staff, but even the industry acknowledges it is a stressed system.
Families and staff say it means patients often needlessly suffer pain and indignity and sometimes die because of substandard clinical care.
Staff failed to notice patient had turned purple
John Walker, who works as an aged care nurse outside New South Wales, thought he could trust the staff looking after his mother, Thelma Walker, in a fully accredited New South Wales nursing home.
But as her health dangerously declined, no one even checked her temperature.
"If the nursing home had responded to my initial concerns and done assessments, the numbers would have told them things weren't right and they would have intervened," he said.
"She might still be alive."

Abridged
SOURCE:        ABC, Australia


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Shining the Light On Elder Abuse (Connecticut, USA)


12 Aug 2013

2013 is the National Year of Elder Abuse Prevention and Heather Burns, BRASS Information and Benefits Specialist, and Alexis Rotella, a Waterbury Municipal Agent, were in the studio shining a light on a very serious situation occurring here and around the country - Elder Abuse.

Waterbury Senior Services Provider Network began meeting this year through the Waterbury BRASS collaboration; the group wanted to take the lead in raising awareness of elder abuse in our community.
If you are aware of elder abuse taking place, please contact your local municipal agency or social services department in your town or call 211 for assistance.  You may also contact the State of Connecticut Protective Services Referral Line toll-free at (888) 385-4225.


SOURCE:         WTNH
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Appeal Court Says Hospital Wrong to Administer Anti-Psychotic Drugs Without Consent (CANADA)


August 8, 2013

A glimmer of hope appeared last week in the battle to restore the fundamental right of Canadian citizens to choose to give or withhold consent to medication.

A panel of judges in Ontario’s highest court has just overturned previous rulings that permitted a doctor to administer antipsychotic drugs to a patient without her knowledge and against her will.
According to an article in the National Post, this ruling “reinforces a patient’s right to refuse medication,” which the Supreme Court of Canada upheld in 2003. Given the flood of similar cases received by Seniors at Risk, this right to withhold consent has been routinely trampled by our publicly funded doctors, hospitals and nursing homes, often with the aggressive support of lawyers and judges, which this case chillingly demonstrates.

When Amy Anten was hospitalized in November 2009 for treatment of lupus, staff at St. Michael’s Hospital in Toronto began secretly “slipping an antipsychotic drug (risperidone) into her orange juice” without her knowledge. Later, after she was injected with risperidone, she noticed side effects, asked questions and strenuously objected that the harmful side effects outweighed any potential benefit.
Consent and Capacity Board criticized by three-judge panel
Ontario has a Consent and Capacity Board (CCB) whose job is to arbitrate disputes about whether a patient’s right to informed consent (or that of the person’s substitute decision maker) are being respected. In January 2010, Amy Anten went to the CCB asking them to stop Dr. Shree Bhalerao, the St. Michael’s Hospital doctor who apparently authorized the secret administration of the drug, from exerting his will against her wishes.

Abridged
SOURCE:       Seniors At Risk

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Pacific Grove Woman Convicted For Abusing Her Mother (California, USA)


Aug. 12, 2013

A Pacific Grove woman could see up to 11 years in prison for abusing her 77-year-old mother, according to a release from the Monterey County District Attorney’s office.
Patricia Conklin, 47, was convicted on three counts of elder abuse in a jury trial that began on Aug. 5. Deliberations spanned the weekend, beginning on Friday before the final verdict was rendered on Monday.
The convictions stem from two events.

In the first, Conklin pushed her mother during a verbal argument, causing the elderly woman to fall. When Conklin called 911 to advise her mother had slipped, dispatchers could hear her mother yelling she’d been thrown down. Transported to Community Hospital of Monterey Peninsula, the woman was diagnosed with an intertrochanteric fracture, a fracture on the top of the femur bone just below the ball portion of the hip. The injury resulted in necessary surgery and several metal implants.

The second and third counts relate to endangerment on March 9. On that day, Conklin went to a skilled nursing facility to retrieve her mother from the surgery. At the location, Conklin demanded her mother’s release and accused the staff of wanting her mother’s money. She then threatened the staff and took her mother from the facility to her home which was ill-prepared for the elderly woman’s return.
During the trial, attorneys established Conklin knew her mother had been conserved earlier in the week. After her injury and surgery, the elderly woman appeared to suffer significant mental decline and a conservatorship was established with the public guardian’s office. This meant that only the public guardian’s office could consent to the elderly woman’s release from the care facility.

The case was investigated by the Pacific Grove Police Department and the Monterey Police Department. The victim was represented by Deputy Public Guardian Jennifer Empasis.
Judge Pamela Butler will sentence Conklin at 8:45 a.m. on Sept. 13. The sentence could range from felony probation up to 11 years in prison.


SOURCE:       The Californian.com
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Elder Abuse: When the Unthinkable Happens to a Loved One


by Greg Webb
August 12, 2013

The idea of abuse at a nursing home or other facility for the aging and affirm is always shocking, no matter how many times we hear about it. We expect those who choose a career in the ‘helping’ profession to work under the idea of ‘do no harm’. We entrust our loved ones to their care. And, we expect our family members to be treated with dignity and compassion.
The recent investigation of Alzheimer’s Care of Commerce, located near Atlanta, GA, is shocking and sadly, not as unusual as we would like to think. The case involves 21 staff members who have been charged with cruelty to people 65 or older including accusations of abuse, neglect and financial exploitation. (Fox News 7/2)
The three-month investigation resulted in a raid of the 27-patient facility on Tuesday, July 2. Investigators are currently looking into the extent of the alleged wrongdoing. Reports indicate that some of the staff had prior felony convictions, including voluntary manslaughter and identity theft. (Washington Post, 7/2)
According to the National Center on Elder Abuse (NCEA), elder mistreatment (i.e. abuse and neglect) is defined as intentional actions that cause harm or create a serious risk of harm (whether or not harm is intended) to a vulnerable elder by a caregiver or other person who stands in a trust relationship to the elder. This includes failure by a caregiver to satisfy the elder’s basic needs or to protect the elder from harm.
In 2008 there were approximately 3.2 million Americans in long-term care facilities. There have been many studies, but no clear indication of the extent of the problem. Statistics on elder abuse tend to be underreported as the higher percentages of victims are patients with some degree of disability. One study reported by the NCEA indicates that only 1 in 14 cases of elder abuse is reported. A similar study in New York reports 1 in 24 are reported. Other studies cite that adults with dementia are abused at a rate of 47-50%, with women more likely to be abused than men.
The case in Georgia is appalling. The administration failed to adequately supervise staff and tolerated, or condoned, routine abuse of elderly residents. There are reports of patients being hit, sprayed in the face with water, restrained with bed sheets and put in double diapers and left unattended.
As Baby Boomers begin to focus more on aging and the possibility of their own infirmity we can hope for a change in the attitudes towards the elderly. Abuse, not just of the elderly, is rampant in our society. Not only are people over age 65 abused in facilities, the statistics show that 90% of abusers are family members—adult children, spouses, partners or others.
How To Protect Aging Family Members
We should expect a care facility, nursing home or assisted living facility to follow the law and treat patients appropriately. Unfortunately the onus is on the family to pay attention to what happens to loved ones in these facilities.
Families should educate themselves on the rights of the elderly and be prepared to stay involved when a loved one is placed in a facility. The National Center for Elder Abuse has resource pages with information for every state. There are lawyers who specialize in elder care and can advise families on appropriate actions to take.
If you are putting a family member in a care facility stay involved from the very beginning. Get to know the staff at the nursing home or care facility. Go and visit on a regular basis. Ask your family member about conditions and keep your eyes open for possible signs of problems.

National Center for Elder Abuse: http://www.ncea.aoa.gov/stop_abuse/index.aspx
Center on Elder Abuse: www.centeronelderabuse.org


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DISCLAIMER

Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty.

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