On Monday, Dennis A. Rowe, 39 of Carthage, Missouri was sentenced to five years in prison by Jasper County Circuit Judge Gayle Crane. Rowe was convicted of second-degree elder abuse in June for his mistreatment of a brain-injured resident of the Carthage Health and Rehabilitation Center. Rowe reportedly struck the resident in the face and groin and forced water into his nose and lungs through his oxygen tubing. See the full news story published in the Joplin Globe, "Former Nurse Assistant Sentenced to Five Years for Patient Abuse.
Unfortunately, nursing home abuse is all too common. The elderly and mentally handicapped are an easy target since they often can't speak up for themselves. The Omnibus Budget Reconciliation Act of 1987 (OBRA) requires that facilities provide appropriate care and ensure that all alleged violations of mistreatment, neglect or abuse, including injuries of unknown source are reported immediately to the administrator of the facility and other official in accordance with State Law. See 42 C.F.R. Section 483.13 (c)(2). The facility must provide 24 hour care, and assess changes in patient conditions. See 42 C.F.R. 483.30(a)(1) and 483.20 (b)(4)(iv). If your loved one is being abused, the facility has a responsibility to discover, stop, and report the circumstances and injuries.
So, what should you do if you suspect that your loved one isn't getting the care that he or she deserves?
First and foremost, you should report your concerns to the Elder Abuse & Neglect hot line staffed by the Missouri Department of Health & Senior Services at 800-392-2010. The hot line operates 24 hours a day, year round.
You may also want to contact an attorney who is experienced in nursing home neglect cases so that you know what rights the patient and their family have when they have been mistreated. The experienced Missouri nursing home abuse and neglect lawyers at Tatlow, Gump & Faiella are always available for free initial consultations. Contact us at 800-264-3455 or by email right away.
