Articles Posted in Nursing Home Abuse and Negligence

The transition of a family member to a nursing home can be an emotional and confusing time for everyone involved. Relatives hope for the best possible care. However, the unfortunate truth is that many patients suffer from dehydration and malnutrition at some point during their residence in a nursing home. The most prevalent reason for this form of neglect is insufficient staffing.

Medical issues resulting from poor diet and dehydration include bone problems, tooth decay, low blood pressure and anemia, all of which can lead to death. One recent study revealed that an estimated 85% of nursing home residents do not receive proper nourishment. This study analyzed patients in over 17,000 facilities across the United States. The same study reports that 30% to 50% of residents are underweight. Family members can help prevent these types of neglect by knowing which symptoms to watch for, and by addressing any potential warning signs as soon as possible.

Nursing Home Reform Act of 1987

In response to the Institute of Medicine’s discovery of an epidemic of nursing home neglect in a 1986 study, the Nursing Home Reform Act became law in 1987. This act established the Residents’ Bill of Rights and ensured services to provide higher levels of physical, mental, and psychological wellness. Nursing facilities receiving Medicare and Medicaid income require compliance with certain practices in the Nursing Home Reform Act. These practices include:

• Thorough care plans for each resident, to be assessed periodically
• Full nursing care
• Rehabilitation services
• Pharmaceutical services
• Nutrition services
• Full-time social worker services for homes with more than 120 beds

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Two women from Lowell, Massachusetts were fired from their jobs as nursing home aides when video footage was discovered depicting the two women abusing and humiliating elderly residents. 23 year old Sabrina Costa and 23 year old Kala Shaniece Lopez were arrested by Lowell Police after videos they posted to the social media app “Snapchat” were reported to authorities.

According to preliminary reports, the videos showed Costa and Lopez engaging in various humiliating acts with the elderly residents of the Wingate at Belvidere nursing home located in Lowell. Initial reports have stated that some of the elderly victims are suffering from dementia. The judge ruling on the case has called the actions of Costa and Lopez “beyond reprehensible.” Of the footage amassed in this case, one clip depicts an 86 year old patient being questioned by one of the female workers about marijuana usage and their sex life—questions that were being asked while the patient, though fully clothed, was using a commode. Additional video footage shows the same elderly woman fast asleep before one of the women screams loudly, startling the patient into waking up.

Once police began their investigation, they searched the phone of Kala Lopez and found further videos of Sabrina Costa getting into bed beside a 99 year old patient before Costa wraps her arms around the patient and tells her that she loves her. The patient, clearly distraught, asks for Costa to please leave her alone. A prosecutor for the case, Tommy Noda, said the age range of the victims in these videos is between 75-99 years old. Police originally received notice of these videos on July 31^st and immediately contacted representatives of the Wingate at Belvidere nursing home, only to find out that family members of these patients had already contacted the home about the disturbing videos. The nursing home stated at that time that they had begun their own investigation into the matter and that they had promptly fired Sabrina Costa and Kala Lopez following the allegations. Lowell police have indicated that both women were positively identified in the videos. Continue reading

An altercation at a Lowell rehabilitation center has resulted in the death of one of the patients that had been admitted there. The direct circumstances surrounding the matter are still under investigation by the local police department and prosecutors assigned to the case. According to preliminary reports provided for the search into what took place, police have found that two patients had engaged in a shoving match that led to the injuries that one of the patients eventually succumbed to. The other patient was not reported to have suffered any injuries from the quarrel.

The Lowell police were called on Sunday to the Lowell Health Care Center, which is located at 19 Varnum Street in Lowell’s Centralville neighborhood, in response to the incident and were informed of the injured party. The patient who has since passed away has been identified as 56 year old Anthony Mazzurco. Mazzurco reportedly fell and hit his head on the floor during the confrontation and ensuing shoving match. After police arrived on scene, Mazzurco was initially transported to the nearby Lowell General Hospital/Saints Campus. However, he was transported to Tufts Medical Center sometime following his admission at Lowell General Hospital/Saints Campus, and was subsequently pronounced dead at Tufts Medical Center on Sunday night. The extent and severity of his injuries was not made immediately available.

No charges have been filed yet against the additional patient involved in the incident—therefore his name is not being announced publicly. Since the investigation into the confrontation is still active however, there is no definitive word yet on whether or not this will continue to be the case. Continue reading

Paul Shartrand, a former Berkshire County nursing home worker, has been convicted of caretaker abuse of a disabled person, as well as assault and battery of a person. The 48-year-old is accused of sexually assaulting a disabled person under his care.

The nursing home resident, 55, was at a Lee, MA facility when the Shartrand, then a certified nursing assistant, allegedly attempted to receive oral sex from her in 2012. She was already in the advanced stages of Huntington’s disease at the time, and could no longer speak, move, communicate, or feed herself. A supervisor claims to have witnessed the Massachusetts nursing home abuse incident.

The jury acquitted Shartrand of the charge of assault with intent to rape. His lawyer claims that the supervisor who reported seeing the alleged attempted sex assault had a grudge against the nursing home worker. Shartrand contends that he was merely adjusting the bedridden patient and not assaulting her. Lee Police said that Shartrand initially agreed to provide an evidentiary swap of his genital area but later changed his mind.

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According to an article in The Boston Globe, alarms attached to wheelchairs and beds of patients at nursing homes may be more harmful than helpful. These pressure-sensitive devices, often installed in beds and wheelchairs are meant to alert staff when someone who is at risk of falling may be about to do just that. The devices were seen as a better alternative to both physical restraints, which became illegal two decades ago, and bedrails, which have since become known as entrapment and asphyxiation hazards.

However, according to a study published in The Annals of Internal Medicine in 2012, hospital bed alarms don’t seem to be reducing the number of fall incidents. Also, while the alarm warns of a likely fall, often, by the time help has arrived the patient has already fallen. It doesn’t help that making a patient to sit or lie still so an alarm won’t go off actually restricts mobility and increases the risk of falling.’

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New regulations unveiled by Massachusetts regulators will let frail elderly residents continue to live in assisted living facilities. The regulations include the protections for these residents, including a mandate for expanded facility staff training and detailed facility evacuation plans in the event of extreme weather or some other emergency situation.

The decision by the state accommodates the very elderly who once would have moved to a nursing home because of their frail health. Now, however, many of them have been opting to stay at assisted living facility. This has resulted in an increasingly frail population in communities that are loosely regulated.

There had even been a provision under consideration that would have barred assisted living facilities from taking in residents or allowing them to stay if they needed over 90 days of skilled, consecutive nursing care. Currently, there are approximately 14,000 residents living in some 225 assisted living facilities.

Anne L. Fisher has pleaded not guilty to criminal charges accusing her of pretending to be a licensed practical nurse and stealing drugs and personal items from three elderly people. The 29-year-old is charged with multiple counts of larceny above $250 from a person that is either over the age of 60 or disabled, larceny of drugs, larceny from a building, assault and battery on a disabled person or one over 60, and practicing practical nursing without authorization. Such crimes, depending on the specifics, may be acts of Massachusetts nursing negligence.

According to police, Fisher, whose certified nurse’s aide license expired in 2012, was hired to give prescription meds to three elderly persons at a Western Massachusetts retirement community. An Easthampton pharmacist who examined the pills after it seemed they weren’t working discovered the medications had been substituted with over-the-counter pills, such as ibuprofen and antihistamines.

Fisher allegedly stole hundreds of prescription meds-including OxyContin, Xanax, diazepam, and other kinds of pills-from the three female patients. She is also accused of stealing jewelry and other expensive items from one of the women.

There have been a lot of stories lately about how leaving a young child in a car in hot weather can prove fatal. At our Boston nursing home negligence lawyers, we’d like to remind our readers that high temperatures can also prove high risk for another demographic: the very elderly.

Many older seniors are just not as able to adjust their body temperature as well as younger people. Use of prescription medications may also modify the way the body would normally respond to heat.

Persons suffering from diabetes, cardiovascular conditions, obesity, and respiratory conditions are also more susceptible to the serious effects of heat. This is why it is very important that Massachusetts long-term care facilities take the necessary precautions to protect their residents from hot weather.