Violence Against Patients by Staff Members

Violence against staff members has recently been receiving a lot of attention from OSHA and the press, but what about violence by staff members against patients?? We recently wrote about a licensed home health aide working for a home care or private duty agency who was arrested because an eighty-six-year-old man died in her care while she slept.?

The aide on the night shift woke up at approximately 1:00 a.m. and heard a thump coming from the patient’s bedroom.? The aide went to the bedroom and saw the patient lying on his right side on the floor with his head wedged between the nightstand and the bed.? The aide reported that she tried to help him back into bed, but the patient told her not to touch him.? The patient subsequently died of asphyxiation.

There is a recent example of a staff member who engaged in outright violence, not just abuse or neglect, against a terminally ill patient who also received hospice services.? The attendant brutally attacked the patient on multiple occasions.? The most recent attack on September 10, 2024, was captured on video.? The attendant struck her patient with a weapon, which caused severe physical injuries and mental anguish.

The individual caregiver and the Visting Nurse Service (VNS) in New York were named as defendants in the lawsuit.? The lawsuit alleges gross negligence by VNS for failure to properly vet, train, and supervise staff.? The suit also claims that the attendant and VNS were negligent, engaged in negligent hiring and retention, and have liability for assault, battery, and intentional infliction of emotional distress.? The attendant was arrested on September 17, 2024, and is currently facing criminal charges for felonious assault.

Significantly, a lawsuit was filed by a law firm that says it is a leading legal advocate for patients and their families in home care neglect cases.? Although attorneys have frequently sued nursing homes for abuse or neglect, lawyers who focus on abuse and neglect in the home care industry are relatively new.? Here is what the attorney said about this case:

“This is a case of egregious neglect and abuse by those entrusted with the care of one of society’s most vulnerable individuals.? No family should have to endure the trauma of watching their loved one suffer at the hands of a caregiver.? We are committed to holding all responsible parties accountable for their role in this horrific series of events.”

For many years, providers that render services in patients’ homes were relatively immune from liability.? It is clear from the above case and other similar cases that the actions of staff members are under increasing scrutiny.? Heads up!

?2024 Elizabeth E. Hogue, Esq.? All rights reserved.

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