Arrests Made for Physical and Sexual Abuse of Nursing Home Residents by Care Workers

October 13, 2011  

I read two articles this week relating to physical abuse of nursing home residents by the staff who are charged with protecting them. One story, printed in the Santa Barbara News Press, told the tale of two certified nursing assistants charged with sexual battery and elder abuse while employed at Central Coast Nursing Center in Santa Barbara.

The second story, out of Philadelphia, chronicles how one mother and grandmother, Lois McCallister, was physically abused in a Sunrise Senior Living facility. The family suspected abuse and installed a nanny cam, and caught the abusive acts on tape. This led to the arrests of 3 nursing home workers.

Which begs the question: what is going on behind closed doors? Elders are particularly vulnerable to abuse when they are demented, have limited mobility, and cannot speak for themselves. Over the years, I have represented the families of victims of unspeakable sexual and physical assault. These cases are difficult, to be sure, because the elderly victim cannot credibly explain what happened and witnesses are either "in on it" or too intimidated by the perpetrators to speak against them. It is indeed rare for abuse to be identified, evidence to be gathered, and criminal charges to be filed, holding the perpetrators liable for their crimes.

In addition, these stories raise legitimate questions regarding management and supervision of nursing home staff. Was does it say about the culture of the nursing home that something like this could happen behind closed doors? Why did it take an arrest to stop the behavior? If complaints were made to the nursing home staff, what did they do to investigate the allegations of abuse? What steps did they take to protect their residents?

The family of Lois McCallister asks Sunrise Senior Living, which operates more than 300 facilities in 3 countries, to answer for what happened to their mother in a lawsuit where they claim Sunrise failed to train their staff, grossly understaffed the facility, and violated state regulations. It is entirely appropriate to look for accountability in the management staff for these acts.

If you suspect that a loved one is being abused or neglected in a nursing home, don't be afraid to speak up. Family presence is the best safeguard against abuse. Make sure the nursing home staff sees you visiting and interacting with staff. Report your concerns to the nursing home, ask them to investigate. Document your conversations. Take pictures of suspicious injuries or marks. If you are not satisfied with the nursing home's actions, investigate further. Call your local Long Term Care Ombudsman. They can advocate for your loved one, review records, and talk to staff. You can also report suspected abuse to the Department of Public Health and/or the police.