North Idaho Woman Receives An Unbelievably Light Sentence In Exploitation Case

Posted on July 12, 2010 by John R Kormanik

Hey, it's just money...right? A story in today's Bonner County Daily Bee caught my attention and got my hackles up. Apparently, Elise Anne Davidson, of Spirit Lake, Idaho, has received no more than a "slap on the wrist" for her financial exploitation of an elderly man. You see, Ms. Davidson used a financial power of attorney to steal more than $4,000.00 from the victim while he was convalescing in a nursing home. She also apparently attempted to have the victim removed from the nursing home and placed in her care. The victim, who is unidentified in the story, was confined to a wheelchair and incapable of writing or speaking. Rightfully, Ms. Davidson was originally charged with a felony -- exploitation of a vulnerable adult. Unfortunately, through a plea agreement, she pled guilty to misdemeanor theft and was sentenced to 30 days in jail. She was also ordered to pay the nursing home $1,000.00 in funds which the facility was owed.

When you look at it, I suppose it is easy to say that stealing $4,000.00 should not equate with a stiffer sentence than Ms. Davidson received. This is not about the money, however. This is about the exploitation of the vulnerable adult who was the victim in this case. What price can be placed on the betrayal of trust? Recall, I recently wrote about some prosecutors who are using "hate crime" laws to obtain stiffer sentences against those who financially exploit the elderly. Perhaps the prosecutors in Northern Idaho can take a hard look at how they deal with those who take advantage of the elderly and infirm.

It's not "just money." Financial exploitation of vulnerable adults in general, and the elderly in particular, is about much, much more. Only when the perpetrators of such crimes are punished with stiff felony sentences will the message be properly sent. 

 

Tags: , , , ,

Theft Of Nursing Home Resident Medication Can Be A Serious Problem

Posted on June 15, 2010 by John R Kormanik

In an article out of Cincinnati, Ohio, it is revealed two staff nurses at Woodland Hills Care Center are accused of stealing and selling residents' medications. According to the story, a licensed practical nurse and an assistant administrator of the facility, located in Lawrenceburg, Indiana, are suspected of stealing hydrocodone and oxycodone from residents. What caught my eye about this story, however, is the fact that, apparently, this was not the first time such thefts occurred at the facility. Apparently, a nurse had been charged and convicted for similar conduct previously; that time, the resident whose medications were stolen "slipped into a coma and died" after her pain medications were stolen.

I wonder what safeguards the Woodland Hills Care Center put into effect after the first time a resident suffered and, ultimately, died following the theft of her pain medication. If experience is any guide, even if the facility instituted safeguards, they obviously were ineffective. Shouldn't the facility now bear some accountability for the needless suffering of its residents whose medications were most recently stolen?

If you are a nursing home resident who receives pain medication on a regular basis and you do not receive your medicine, let your family and the facility's administration know, in writing, of the misssed dose or doses. If you are given "medicine" and get little or no relief, you may have been given something other than your own medication. Let your family and medical provider know you are hurting. Finally, if you are the family member of a nursing home resident, be sure to note any changes in the perceived pain level of your loved one and let someone know if it changes. The fact of the matter is, your loved one may not be getting their prescribed pain medication; it may have been stolen by staff members entrusted with the care of your loved one. Only by paying attention and reporting, can needless suffering be avoided and those responsible for such reprehensible conduct be brought to justice.

Tags: , , ,

Yes, Elder Abuse Happens...Even In Idaho

Posted on January 5, 2010 by John R Kormanik

As part of my work on behalf of nursing home and assisted living facility residents, and in part because of my work on this blog, I am constantly updated on news stories concerning elder, nursing home and assisted living facility abuse. Typically, the stories I read are from such far flung regions as Illinois, Florida and New York. Although I certainly take no pleasure in any of these stories, I am "glad" these tragedies are not occurring in my back yard. Unfortunately, a story in today's Idaho Statesman concerning elder abuse is in my back yard. That the abuse did not occur in a nursing home or assisted living facility matters naught. It is a tragedy.

The story by the Idaho Statesman's Kristin Rodine is about the death of Verda Nicks, who died on December 26, 2009. Six weeks earlier, Ms. Nicks was found in a "garbage-and feces-filled home." She was found because of the caring actions of a friend, who had been unable to contact Ms. Nicks by telephone for several weeks. Although Ms. Nicks told authorities she was caring for herself, the Canyon County Prosecutor, John Bujak, has evidence that Ms. Nicks' twin sons, Danny and David Nicks were, in fact, providing care for their now-deceased mother. Mr. Bujak has charged the sons with felony abuse or neglect of a vulnerable adult, a crime which carries a sentence of up to 10 years in prison and a $25,000.00 fine.

According to the article, and based on information provided by Ms. Nicks' sons, Ms. Nicks had been bedridden for about two years since breaking her hip. This was the second time Ms. Nicks had done so. The first time, she entered a nursing home. Apparently, again according to the sons, Ms. Nicks did not want to go back to the nursing home after she broke her hip the second time.

Under our system of justice, the sons are presumed innocent until proven guilty; this story is just beginning. Whether or not the sons are ever convicted, this story does provide a cautionary tale for those of us with elderly parents. If you parent is injured, make certain you can, in fact, provide the care that is necessary. If you cannot, help them, with input from qualified health care providers, find a facility that meets their needs. There is no shame in admitting you cannot provide the care y our loved one needs.

If the sons are indeed telling the truth when they say Ms. Nicks did not want to return to a nursing home after breaking her hip the second time, this fact also makes me wonder. What kind of experience did Ms. Nicks have during her first nursing home stay that resulted in this thinking? Unfortunately, at this point, we will likely never know.

Tags: , ,