Nursing Home Residents Abused (CANADA)

Nursing home residents abused

Nov 17 2011

By Moira Welsh and Jesse McLean

Staff Reporters, The Star

Seniors in Ontario nursing homes are being beaten, neglected and even raped by the people hired to care for them, a Star investigation has found.

In one case, a helpless 71-year-old Toronto woman with advanced dementia was raped in her bed, allegedly by a male nurse identified months earlier by other staff at the home as someone who regularly disappeared on shift “without explanation.”

A staff member discovered the male nurse in Danae Chambers’ room in the middle of the night. Chambers, a renowned portrait artist, lay sideways on her bed and the male nurse, pants dropped to his knees, stood against her bare buttocks, according to a provincial inspection report.

“I trusted them to take care of her,” said Chambers’ close friend and guardian, Anna Schrofer. “I tried so hard to find the right home for her and everyone said this was the best.”

In another case, this one in a North York nursing home, a staff member first physically assaulted a resident, then warned a witness “not to tell anyone,” a provincial inspector found. Two staff members who were aware of the abuse didn’t report it.

A worker at a Port Dover home “cuffed” a resident on the head, another inspection report said.

There were at least a dozen cases in which the attacks were so serious, ministry inspectors determined the home should have immediately notified police. But the homes delayed and sometimes never bothered calling the cops — pointing to a culture of secrecy in some nursing homes

Seniors advocates agree that cases of abuse in long-term care are under-reported. According to the reports the Star obtained, more than 10 residents in Ontario each month are punched, pushed, verbally abused or sexually assaulted.

In the majority of the known cases, the abuser was a staff member. In others, the assault was resident on resident.

Eight years after Star stories documenting problems brought a provincial vow of improved care, the same problems exist.

The problems continue because the nursing home system is taking increasingly sick and demented residents but lacks the money for increased staffing levels to provide a minimum amount of daily care.

Personal support workers who do the majority of hands on work are not regulated and have little training to manage residents with complex needs.

What has changed is the Ministry of Health and Long-Term Care’s inspection system. Just over a year ago the ministry rolled three confusing nursing home acts into one piece of legislation in response to a 2003 Star investigation.

The new inspection system — with a focus on resident complaints — is now uncovering hundreds of cases of assault and neglect.

The Star obtained more than 1,500 inspection reports carried out since the new rules began. Each inspection was done in response to either a complaint of poor care or the nursing home’s own reporting of a critical incident such as an alleged assault or broken bones from a fall.

Data analysis by Andrew Bailey

Abridged
SOURCE:      The Star, Canada
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Elder Abuse Lawyers: Pastor Stole $32,000 from Elderly Deacon (USA)

Elder Abuse Lawyers: Pastor Stole $32,000 from Elderly Deacon

11/11/2011

With so many examples of financial elder abuse from nursing home staff, adult children, and neighbors, it is hard to trust anyone these days. But as elder abuse lawyers, we were genuinely saddened by a story of a pastor that used his position of trust to exploit thousands of dollars from an elderly and sick member of the congregation.

Gregory Maurice Oats, the head pastor of Word of Faith Ministries in Minneapolis has been charged with stealing $32,000 from Vern Rollins, who was a deacon and member of the church. Rollins and his family joined the church because of Oats and when the man was diagnosed with Alzheimer’s and Parkinson’s, Oats offered to help. “I thought it was normal for a pastor to help out any way he can. He became like family to us,” said Rachel Rollins, Vern’s daughter. But Oats then started to abuse the family’s trust, made himself power of attorney, and put Rollins in a nursing home. Oats exploited the man and his family for about a year by withdrawing money from the man’s account saying it was going to pay for his needs, while making no payments to the Golden Living Center where Rollins was living.

Pastor Admitted to Theft But Never Apologized

Abridged
SOURCE:      MinFirm.com
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Bid to Cut Elder Abuse (TASMANIA, AUSTRALIA

Bid to cut elder abuse

By DAVID KILLICK

November 17, 2011

BETTER publicising cases of elder abuse was an important step towards addressing the problem in Tasmania, Council On The Ageing Tasmania said yesterday.

Responding to a series of shocking cases detailed by the Guardianship and Administration Board, COTA chief Maxine Griffiths said better education was needed to help the community spot cases of abuse.

"Elder abuse is something we are very concerned about in the Tasmanian community and we call for additional resources to support advocacy and a helpline for those in need to contact," Ms Griffiths said.

A proposed helpline, advocacy and counselling service has fallen victim to State Budget cuts.

"It is important that as a community we support the right of older Tasmanians to be informed about how to recognise when they are being financially abused as we have seen in the cases published today," she said.

SOURCE:    The Mercury, Australia
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Elder Abuse Cases Growing (USA)

November 16, 2011

DAVID ACQUESTA & ART MASON Elder Abuse Experts GUEST APPEARANCE

Financial exploitation of the elderly is the improper taking of money and/or property from vulnerable and defenseless elderly persons. Because it impacts all socioeconomic groups and cultures in our aging population, financial exploitation is rapidly becoming the opportunistic and secret crime of the 21st century. In 2010, The New York State Elder Abuse Prevalence Study determined that 76 out of every 1,000 elderly New Yorkers are victims of elder abuse each year. Regrettably, only 1 in 24 cases is referred to elderly advocacy organizations, law enforcement agencies or attorneys.  

The elderly, many of whom are on fixed incomes, are easy targets for financial exploitation due to social isolation, loneliness, physical disabilities, mental incapacities and insecurities. Further compounding the risk, victims often fear losing help from the very same caregivers, service providers, friends and family members perpetrating the financial exploitation. Shockingly, a 2003 National Center on Elder Abuse report determined that nearly 70 percent of all financial exploitation cases in the United States are committed by a family member. 

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SOURCE:   The FLTimes
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Protecting Our Elders

Protecting Our Elders

Unfortunately, domestic abuse affects thousands of older New Yorkers each year.  According to a study by the National Center on Elder Abuse, more than 500,000 people aged 60 or above in the United States reported incidents of domestic abuse.  However an estimated 84 percent of incidents do not get reported.

Recently, the State Senate unanimously passed legislation (S4235) that I co-signed, aimed at preventing elder abuse through domestic violence.  This legislation directs the State Office for the Prevention of Domestic Violence to develop domestic violence prevention programs specifically geared toward seniors that can be utilized at senior centers across the state.

 As New Yorkers age, often they require special care to do the things they can longer do for themselves.  Our elders deserve our respect and protection and we must ensure they are cared for in a safe environment. Providing preventative educational programs at senior centers will provide older New Yorkers who may be affected by domestic violence the tools they need to protect themselves. To report an incident of adult abuse, call the New York State Office for Children and Families Adult Abuse hotline at             (800) 342-3009      

SOURCE:    The Rockland County Times

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'Unlawful Killing' Verdiict as Woman (83) Dies After Row at Nursing Home (UK)

‘Unlawful killing’ verdict as woman (83) dies after row at Burnley nursing home

17 November 2011

AN elderly woman died after being pushed or punched in the chest by a fellow resident at the Burnley nursing home where they both lived.

Mrs Helen Noreen Patrick (83), known as Noreen, died on February 10th after an incident at the Grove Care Home, Rosegrove.

An inquest at Burnley Coroner’s Court heard Mrs Patrick, who suffered from dementia and walked with a walking frame, had a heated exchange with a resident, who suffered from severe Alzheimer’s dementia.

During the argument the resident pushed or punched Mrs Patrick, who was 4ft. 9in. tall and weighed 6st. 11lb. to the chest, knocking her to the floor.

She cried out in pain and carers called an ambulance. Mrs Patrick was rushed to the Royal Blackburn Hospital where she later died.

A post-mortem examination revealed she had severe fractures to the base of her spine.

Recording a verdict of unlawful killing, East Lancashire Coroner Mr Richard Taylor said: “This is a tragic death that I concede from the evidence I have heard, those at The Grove could not have predicted.

“Mrs Patrick, who had been a resident for some considerable time, had unpredictable moods but those moods were generally taken out on staff rather than other residents.

“On February 10th she was clearly in one of her moods and was muttering to herself. It appears the other resident took exception and either pushed or punched Mrs Patrick to the chest.”

Pathologist Dr Naomi Carter said a fat embolism in Mrs Patrick’s lungs, triggered by the fractures to her spine, caused her death. She said vascular dementia was a contributory factor.

Workers at the home described how the women had become involved in a heated exchange, which did not make sense, before Mrs Patrick fell.

Registered nurse Judith Edwards said it was not clear whether Mrs Patrick had been punched or pushed but said: “It was quite forceful. It took her right off her feet.”

Mr Taylor added: “The other resident would have had no knowledge, no understanding and no recall of her actions and this was undoubtedly a manifestation of her own condition.

“However, given the law, I have little alternative but to record a verdict of unlawful killing.”

SOURCE:      The PendleToday, UK

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Carer Found Guilty of Hitting Dementia Sufferer (UK)

THE family of an 84-year-old dementia sufferer – who was punched and slapped by an angry care home worker after she lost her temper – say justice has been done.

Fellow carers at Huntleigh Lodge, in Taylors Avenue, Cleethorpes, reported the behaviour of Maria Cook, 43, to bosses, who suspended her immediately

Cook, of Caistor Drive, Grimsby, denied ill-treating frail Tony Jacklin – who has severe dementia – but was found guilty after a four-day trial at Sheffield Crown Court.

Today, Mr Jacklin's daughters, Stephanie Jacklin and Bridget Hansen, said: "There are few things more despicable than assaulting a frail, confused and frightened old man, who depends on you for the most basic of care.

"Justice has been done and we hope it plays some role in setting an example of appropriate care for the increasing numbers of dementia sufferers."

And bosses at HICA, which owns Huntleigh Lodge, said they are "delighted" at the conviction, which came about as a result of whistle-blowing procedures at the home.

Chief executive Andrew Stow said: "We are appalled at what happened. We do not tolerate behaviour of this kind and it was our whistle- blowing policy, where we encourage all members of staff who witness misconduct to report it as soon as possible, which led to this incident being reported.

"The person in question was immediately suspended and subsequently dismissed.

"We are delighted that she has now been found guilty. People like her bring the profession into disrepute but thankfully they remain the exception."

The court heard how Cook was furious at resident Mr Jacklin for lashing out at her on October 22 last year and swore as she slapped him: "If you kick me, this is what you get."

Megan Rhys, prosecuting, said Cook was asked to help Mr Jacklin get up. She muttered under her breath that she would get Mr Jacklin's wife up but not him. She begrudgingly agreed to do so, however, and she and another carer, Diana Blackmore, went to his room.

The court heard Mr Jacklin suffered from severe dementia, hard of hearing and had cataracts. He was frail, had poor mobility, could not look after himself and was vulnerable, the court was told.

Without warning, Cook swung Mr Jacklin's legs towards her as he lay on his bed, causing his body to turn and become badly twisted and pushed against a wall. She was "huffing and puffing".

Mr Jacklin kicked out, hitting her in the stomach. She picked up a towel, twisted it and used it to swipe him in the stomach.

"She bent forward, dropped the towel on him and deliberately punched him to the shoulder really hard," claimed Miss Rhys. "She slapped him across the face with force. She was clearly furious."

Cook stormed out of the room, saying: "That's the last time I'm dealing with him."

Mr Jacklin apologised and asked if he had done anything wrong and was reassured. Other carers were upset about the matter and reported it to the home's manager.

Cook later denied punching or slapping Mr Jacklin and said she knew he was not responsible for his actions and that, when he hit out, it was simply his illness. She admitted she swore but claimed she would not have used any violence because she knew that it would be reported.

In court, Cook claimed she had earlier seen Mr Jacklin lashing out and tried to reassure him. She denied swearing and saying she would not get him up. She also denied hitting or slapping Mr Jacklin and claimed she had done nothing untoward and that other members of staff had lied.

Ms Blackmore told the court that Cook was "very angry" at the time of the ill-treatment incident.

She said it was known among staff that Mr Jacklin could be difficult.

"He can lash out at you or spit or punch or kick you," she said. "I wouldn't think he was aware of what he was doing.

"She was determined not to get him up, from the tone of her voice.

"I think he kicked her in the stomach. He was upset, very upset – more frightened. She pulled back and said: 'That's hurt my stomach'. She picked a towel up and hit him with it – flicked it. It was totally inappropriate.

"You don't do anything like that. She slapped him straight across the face, with the words: 'If you kick me, this is what you'll get'."

"We are there to help and protect, not to hurt somebody."

Sentence was adjourned for reports and Cook – who had a previous conviction for benefit fraud – was allowed conditional bail.

Judge Rosalind Coe QC told Cook: "I am not giving you any indication of what the sentence may be."

SOURCE:      ThisIsGrimsby, UK

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Elder Abuse Lawyer Warns of Danger of Admitting Past Felons to Nursing Homes

Massachusetts Elder Abuse Lawyer Warns of Danger of Admitting Past Felons to Nursing Homes

Boston attorney Bernard J. Hamill of Hamill Law Group says full disclosure needed before placement of Elder Felons in Massachusetts Nursing Homes.

Quincy, MA (Law Firm Newswire) 

November 15, 2011 

Boston Massachusetts nursing home abuse attorney Bernard J. Hamill says families need know that there has been an increase in the admission of residents with past felony records into nursing homes. Residents should have the right to know when a potentially dangerous person in admitted in their midst. The potential for violence can be the result of psychiatric disorders or past criminal convictions. Both pose a risk to vulnerable nursing home elders.

Hamill, founder of the Hamill Law Group, says family members should advocate for their loved ones on a regular basis and part of that job is to check with admissions at the nursing facility where their relatives reside.

With violent attacks by felons living in some nursing homes, some facilities are scrambling to comply with disclosure laws required in some states to notify state public health officials when they admit offenders. The number of felons reported to be living in the facilities increased last month in some states. Past reported felonious acts have included rape, theft, assaults, illegal drug use and violence. Some former felons also have serious psychiatric conditions.

The surprising number of offenders in some nursing facilities stems from a former policy that closed state-run psychiatric hospitals while not providing suitable replacement housing for psychiatric patients. Offering no housing or out patient treatment to the discharged patients, many, including those with criminal records, went to nursing homes that were not equipped to treat them. One state has 196 sex offenders housed in local nursing homes.

Hamill warns consumers to inquire on a case by case basis for any nursing home you are considering placement of a loved one in. Questions you should ask the Administrator are: (1) is there a screening mechanism in place for felons? (2) What safety precautions are in place? (3) What disclosure provision is available to the other residents; (4) are the admissions of felons list updated for existing residents? State reporting and regulatory requirements for these type of admissions need to be checked.

SOURCE:       LawFirmNewswire
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Cuts Fear for Elder Aid (TAS. AUSTRALIA)

November 16, 2011

GOVERNMENT cutbacks mean measures to help prevent some of the state's most shocking cases of elder abuse would not go ahead, the Guardianship and Administration Board said.

The board's annual report, tabled in State Parliament yesterday, recounted a series of appalling cases of neglect, abuse and financial exploitation of older Tasmanians at the hands of their families.

But a helpline, advocacy and counselling service had been the victim of State Budget cuts, the report said.

The $2.6 million budgeted to the Statewide Elder Abuse Advisory Committee's four-year strategy had been cut to $1 million.

"The board continues to see examples of ruinous financial abuse of incapacitated elderly persons, who ought to be at an age when they can reap the rewards of hard work and prudent investments but instead are reduced to crippling poverty by the very people that they trusted the most," board president Anita Smith noted in her report.

Ms Smith said funding cuts meant it was taking longer to deal with applications for help and the board was unable to properly develop staff.

"The board is unlikely to be able to sustain current activities in the medium term without a significant revision of funding," the report said.

But Human Services Minister Cassy O'Connor said the Government's commitment to combating elder abuse had not diminished.

"While the original allocation of funding has been reduced, as I announced on Budget day, this has not lessened our determination to protect older Tasmanians from physical, financial and emotional abuse," she said.

"We remain committed to the implementation of the Elder Abuse Strategy and are continuing to work through key priorities to move this project forward, including a review of existing legislation to determine its effectiveness in protecting the rights of older Tasmanians.

"The Human Services Department is also developing practice guidelines for use by the whole sector, which will help identify elder abuse and prevent it."

CASE STUDIES

CASE 1: AN 87-year-old demented woman was admitted to an aged care facility after carers noted she was being neglected. When the Public Trustee took over her affairs, it was discovered the woman's daughter and granddaughter were living in her home, had disposed of her personal belongings and had emptied her banks accounts, while refusing to pay for her aged care fees.

CASE 2: THE GP of an incontinent and demented 79-year-old reported the man was suffering poor hygiene, wound infections and from having been left in the sun for too long. Investigations revealed his family had put pepper on an open wound and had given him nothing more than Panadol to treat his broken hip because they did not think it was serious.

CASE 3: AN elderly woman's daughter refused to allow health care workers access to her mother, at the same time she was emptying the woman's bank accounts of big sums of money. The older woman's health was deteriorating and she was losing weight, before she was placed in care, where she recovered.

CASE 4: A MAN used his power of attorney over his father's affairs to bilk his widowed mother out of half of the property. The man was made to turn over his mother's rightful share to her


SOURCE:      The Mercury, Australia
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Woman Locks Mom In Mouse-Infested Apartment (CA. USA)

Sheriff: Woman Locks Mom In Mouse-Infested Apartment

Deputies Say Mother Also Was Left Without Food

By Danielle Leigh/KCRA

November 14, 2011

MARYSVILLE, Calif. (KCRA) –

Yuba County Sheriff's deputies said they arrested a Linda woman on charges of false imprisonment and elder abuse.

Lt. Damon Gil said deputies arrested Tyra Sherman, 23, Friday, after finding her mother locked in a mouse-infested apartment Thursday morning.

About 10 a.m. Thursday, Yuba County probation personnel heard someone yelling for help in the 1900 block of Country Club Court, according to a news release from the Sheriff's Department.

Other people living in the complex said they had no idea Sherman's mom was stuck inside.

"I didn't hear her screaming or anything," said Margaret Johnson, who lives next door.

"She was in good condition," said O.C. Johnson, who said he saw Sherman's mother right after police helped her out.

Other neighbors said did not know how anyone lived in the apartment in that condition. The apartment is filled with clothes and trash and infested with cockroaches and mice, according to Gil.

"I don't see how anybody could live up there," said Steve Gama, a neighbor.

The only door to the apartment was locked from the outside with a latch and the windows were partially blocked by wooden boards.

The victim accused her daughter of locking her in the apartment without food and stealing her Social Security check, according to deputies.

Sherman has denied any wrongdoing. She is being held in Yuba County Jail. Bail is set at $50,000.

Copyright 2011 by KCRA.com


SOURCE:    KCRA.COM

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