Nursing Home Neglect Affects the Most Vulnerable

Parkersburg, OHWhile there are many forms of abuse, elder abuse is one of the worst because rarely is a client who suffers nursing home abuse in a position to defend themselves from nursing home negligence.

The complaints range from neglect over time—as was the case of an Ohio woman who finally succumbed to alleged nursing home neglect at the age of 92—to sexual assault. The latter is by far the most despicable and inhumane form of assault, but it does happen.

In Kentucky, two residents are suing a nursing home in Hopkinsville after it is alleged an employee of the nursing home in which they were living sexually abused them. According to a report from WTVF News 5, police in Kentucky say Rodriguez Gerrod Durr committed sexual assault against the two residents at Bradford Heights last year.

The same employee is reported to have pled guilty earlier this month to two counts of second-degree criminal abuse.

Then there is the case of Eva Thelma Davis, who died "on, or about April 3rd, 2008" according to the text of a lawsuit filed by her estate a little more than a year after her death at 92. The lawsuit, filed April 15th of this year in Wood Circuit Court names Ohio Valley Nursing Home Inc., which does business as Ohio Valley Health Care (OVHC), as co-defendant in the case along with OVHC administrator Michael A. Miller.

Linda Holstine serves as the personal representative of Davis' estate and also happens to be the deceased woman's daughter. The allegation is that Davis was made to suffer from substandard care at the hands of OVHC during the four years Davis lived at the facility.

Specific allegations include serious injuries from a pattern of poor care, neglect and abuse rendered by Ohio Valley Health Care and its staff." Those injuries included "infections, weight loss and pain," causing "…the significant destruction of her physical and mental condition during her residency at the facility."

The lawsuit brought by Holstine on behalf of her late mother's estate includes references to numerous urinary tract infections. Along with the infections and the weight loss, Holstine says the staff, "failed to timely report these changes to the physician, resulting in delays in treatment."

The inconclusive date as it relates to Davis' death suggests that OVHC may not have known exactly when the woman died.

Another error appeared around the time that Davis was allegedly discharged from the facility, and then later re-admitted. According to court records Davis was first admitted to OVHC in Parkersburg on April 14th, 2004. Two years later, Davis was again admitted to the facility—this time on April 10th 2006—as "an elderly man for the purposes of receiving quality care and treatment and assistance in her activities of daily living."

The alleged error with regard to gender notwithstanding, records appear to be unclear as to whether or not Davis was actually discharged. The resident's re-admission assumes that she was, however according to the West Virginia Record it is alleged that records are cloudy as to the circumstances of her discharge, if the resident was even discharged at all.

Holstine alleges negligence by OVHC has resulted in both she and Davis' estate incurring "medical expenses for the care and treatment of the conditions that led to [Davis'] death and, additionally, the estate has incurred funeral expenses." Holstine says as a result of her mother's death she has "sustained mental pain and suffering and loss of companionship." The plaintiff is seeking unspecified damages, court costs and attorneys fees.

Just as we care for our children, so too do we look out for the health and well being of our elderly loved ones. Eldercare facilities are chosen with care and elder abuse should never be tolerated by anyone, at any time. Residents are often frail and are rarely in a position to defend themselves from nursing home abuse. If you have experienced a case of nursing home negligence and an elderly loved one has been made to suffer, call an attorney. If not for you, do it for your elder.