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"Nursing Home Abuse Owner Criminal Prosecution Appears to be on the Rise"
October 19, 2003
Federal official believe inadequate staffing is the biggest cause of nursing home abuse neglect in facilities. The U.S. Department of Health and Human Services says that 9 out of 10 nursing homes employ too few workers to provide adequate care, and over 40% of all homes need to increase their nurse aide staff by at least 50%.
Congress is considering legislation that would establish federal criminal penalties for nursing home abuse and neglect. If convicted, it could result in prison terms for individuals, in addition to corporate fines of up to $3 million. The nursing home abuse and neglect bill would also require the homes immediately report any reasonable suspicion of a crime to law enforcement officials.
According to a member of the National Citizens’ Coalition for Nursing Home Reform, criminal prosecution of nursing home abuse owners appears to be increasing. Recent nursing home abuse cases include:
Florida:
In September 2003, owners of the Jewish Senior Living home in West
Palm Beach were charged with eight counts of nursing home abuse
neglect. Just days before that, owners in Riviera Beach were arrested
and charged with three counts of neglect.
Georgia:
In February 2003, an owner of a nursing home pleaded guilty to 15
counts of nursing home abuse and neglect. She was sentenced to 15
years probation and 500 hours of community service.
Hawaii:
In 2002, prosecutors got a manslaughter conviction against a nursing
home after a resident died of septic shock because bedsore infections
had continued to go untreated.
Louisiana:
Owners of a nursing home agreed to pay $750,000 and to quit the
nursing home business for seven years after federal prosecutors
considered criminal charges because an 87-year old woman was strangled
by a wheelchair seat belt.
Michigan:
In April 2003, a Detroit nursing home medical director and nursing
director were charged with involuntary manslaughter in the heat-related
death of a resident. The prosecutors alleged the nursing home lacked
air condition and fans and the windows would not open.
Missouri:
In February 2003, a nursing home management company president was
sentenced to a year in prison for failing to report the beating
death of a nursing home resident. In August 2003, another home manager
was charged with involuntary manslaughter in a mentally disabled
nursing home resident’s death.
New York:
At the start of October 2003, a New York nursing home chain agreed
to pay the state $3 million to settle claims that the homes failed
to provide adequate care to nursing home patients. By agreeing to
settle the claims of nursing home abuse, the owners were able to
avoid criminal charges that had come from a grand jury investigation
after reports of testimony of nursing home employees.
In June 2003, the Hallmark Nursing Centre chain pleaded guilty to criminal charges, including inadequate care, falsification of patient files, and deliberately employing too few caregivers to meet resident needs leading the New York nursing home owners to agree to refrain from operating any New York nursing homes.
If you or someone you know has experienced nursing home neglect and abuse please contact a Lawyer for your legal rights.
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