January 2, 2014 by Domnitz & Domnitz, S.C.

Warning for Milwaukee Nursing Home Patients

Nursing home patients subjected to sexual exploitation, abuse in Georgia

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Thursday, January 2, 2014.

When you place your loved one in a nursing home in Wisconsin, you expect it to be a safe and nurturing environment. In a recent news report, nursing homes came under fire as a number of violations were discovered at an unlicensed facility and licensed group care home in Columbus, Georgia. According to the news, the facility had been abusing and sexually exploiting the patients, along with a plethora of other violations reported to the FBI.

Reports claim that there are several suspects being investigated at this time, including a 55-year-old director of the licensed care center and the 61-year-old maintenance employee. Additionally, a 32-year-old man and his 35-year-old wife have been accused of running an unlicensed group care home.

Police reported that the licensed living care facility had terrible living conditions and financial mismanagement. A fire had broken out in the kitchen and led to all 19 disabled adults having to be re-homed. Additionally, the home was often overcrowded, and when that happened, the unruly or troubling patients would be sent to the unlicensed facility. The director and maintenance employee were charged with felony exploitation and the intimidation of a disabled adult.

In the second case, three women told police they had escaped from the unlicensed group home. A 15-year-old girl admitted to having gone through sexual assault at the facility. She reported it when she spoke to the FBI. Police reported that there were violations involving the care, medical treatment and food given to patients. Inadequate medical treatment, along with health code violations, were discovered, along with other violations.

Nursing abuse and neglect occurs more often than you might think. If you suspect your loved one has experienced such acts, contact law enforcement. You may also wish to contact an experienced Milwaukee personal injury attorney. You may be able to file a claim for damages on behalf of your neglected or injured loved one.

Source:
Ledger Enquirer, “Victims of group-care home allegedly endured ‘unspeakable’ cruelty, sexual abuse” Ben Wright, Dec. 12, 2013

December 19, 2013 by Domnitz & Domnitz, S.C.

Update from Milwaukee Personal Injury Lawyer Blog

Nursing homes grapple with dementia and ability to consent

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Thursday, December 19, 2013.

We recently wrote about nursing home abuse in our Milwaukee Personal Injury Lawyer Blog. The prior blog discussed a situation involving a staff member who was charged with sexually assaulting a resident. No sexual intercourse should be had between staff members and patients, but what about two patients who consent?

Patients are often allowed to have relationships; simply because they require assistive care doesn’t mean that they have lost the need for emotional and physical connection. However, when one or both of the patients have dementia, where does the line get drawn between the ability to consent and sexual abuse?

Take a recent case involving hospital administration that found that two patients with dementia had voluntary intercourse without the knowledge of the staff. The director of nursing and the home’s administrator discussed the situation and chose not to report it. Later, when others learned of the situation, the two were fired. The home was fined $47,000 by the Department of Inspections and Appeals for the failure to report.

When the woman’s family later filed a lawsuit against the facility, the issue of consent arose. The woman had suffered from Alzheimer’s at the time. The family said that this disease prevented her from being able to consent. The nursing home claimed that the woman had been a willing participant.

What complicates these cases even further is the fact that many people suffering from Alzheimer’s may know who they are in the morning, showing fewer signs of incapacity. As the day goes on, the individual becomes less aware, but at what point does the patient lose the ability to consent? Does the fact that the patient suffers from dementia at all eliminate the ability to consent? Should the staff always step in to stop any sexual activity and always report it when they find that it has occurred? Is this a case of failure to supervise?

The answers to these questions may vary from one situation to another. Laws that differ from one state to another can certainly affect a case as well. A Milwaukee attorney can explain how different factors may affect a case and craft an argument that ensures the rights of the patient are upheld.

Source: JournalGazette.net, “Dementia, sex worrisome mix,” Bryan Gruley, Oct. 7, 2013

If you were injured due to nursing home abuse, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

October 21, 2013 by Domnitz & Domnitz, S.C.

More Shocking News for Milwaukee Nursing Home Abuse Victims

Former nursing assistant accused of sexually assaulting residents

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Monday, October 21, 2013.

A nursing home resident being abused in any way is horrible. When this abuse is physical or sexual in nature, the damage done to the resident and loved ones goes well beyond bruises and other signs of physical abuse. Rather, this type of abuse is also emotionally damaging and can leave a loved one in an even more vulnerable state.

This is why all accusations of physical and sexual abuse should be taken seriously and reported to police in a timely matter. The family can also look into civil options with a personal injury attorney.

In one recent case, a 41-year-old former certified nursing assistant waived a preliminary hearing. This means next month he will appear in court for an arraignment on the charges against him. These charges are related to accusations that he sexually assaulted three nursing home residents at the facility he worked at.

The first assault goes back to July. However, after the abuse was reported, an internal investigation was conducted and the nursing assistant continued to work there. According to the arrest affidavit, the internal investigation found the reported incident was “unfounded,” hence why he continued to work at the home.

The following month, however, the affidavit states another victim came forward. This time the 41-year-old was arrested while working.

Since being arrested, another victim has been added to the case against the 41-year-old.

Hearing of allegations like this is certainly disturbing. And while this former nursing assistant is only being accused at this point, the fact remains that there are plenty of cases involving nursing home residents who are abused by those trusted to care for them.

When this trust is broken, and a loved one is abused in any kind of way, aside from criminal charges, some do take comfort in holding the abuser or the home this abuser worked at civilly responsible. An attorney with experience handling these types of sensitive cases can provide more information on holding these abusers accountable.

Source: Broomfield Enterprise, “Hearing waived for man accused of sex assault on patients at Broomfield nursing home,” Oct. 17, 2013