PRESIDENT'S MESSAGE
WENDI ROGERS, CLA, PRESIDENT, 1997-1998
This issue of the TPJ covers a very important topic to all of us. Elder law touches everyone. It affects some of our loved ones now and it will affect all of us as we grow older. Personally, I have witnessed elder law issues as they affect nursing home residents. There are laws to protect the elderly from abuse and neglect.
In 1966 at the age of 42, my grandmother suffered from viral encephalitis. Complications from the surgery caused her to suffer paralysis from the waist down leaving her in a wheel chair. The infection also caused severe hearing loss. At the age of 45 she was admitted into a nursing home for long-term care. She has suffered from many problems stemming from her condition as well as problems caused by the natural process of aging.
Approximately two years ago she broke her hip while being moved by an aide. She has osteoporosis and her bones have become brittle. It took several months for her hip to heal. During this time of healing she was staying on a special wing at the nursing home. She was bed-ridden and had to be turned every two to three hours to prevent bed sores. One evening she needed assistance and turned on her call light. A male nurses aide answered her call. He entered her room, turned her light off, and left. Never asking what she needed. She turned her call light on again. The same aide returned to her room, turned off the light, then turned to her and grabbed her face. He shook her face and yelled at her. She was terrified and reached for her phone to call the nurses' station. He grabbed the phone and unplugged it. She was helpless and could not get out of her bed to look for help.
This incident scared her to the extent that she was distraught and despondent for days. She was afraid to tell anyone in fear that the nurses' aide would retaliate against her. Finally, after a week she confessed the incident to my mother.
Since my grandmother is a Medicaid recipient, she is assigned a case manager with the state's welfare department. My mother contacted the case manager, who helped locate the licensing board for the nurses' aide. The case manager also referred my mother to the regional state investigation department of the Attorney General's office.
My mother also contacted the nursing home's administrator to report the incident. The administrator criticized my grandmother for waiting a week to report the incident suggesting that my grandmother was experiencing dementia. The nursing home suspended the aide's employment pending an investigation.
The Attorney General's office responded quickly. They sent investigators to interview my mother, grandmother, the nursing home and nurses aide. After a thorough investigation, the license of the nurses' aide was revoked and his employment was terminated.
Today, at the age of 73, having lived 28 years in a nursing home, my
grandmother knows that there are laws that protect her. She also realizes
that you must report abuse to stop it.