Nursing Home Intentional Tort
Glen Rodebush, a man Alzheimer's disease, was a resident of the New Horizon Nursing Home. One symptom he showed with his Alzheimer’s disease was reported to be combativeness.
One day Rodebush's wife arrived at the nursing home, and found large welts and red marks on Rodebush's face. She immediately contacted Rodebush’s physician and had him examined. The doctor gave his opinion that the red marks had been caused by slaps of a human hand and that the marks were between six and twelve hours old.
According to nursing home staff, earlier that morning Rodebush had been awakened for a bath. The man was strapped into a chair for his whirlpool bath. No injuries at that time were reported. A male nurse's aide gave him the scheduled bath. The patient and aide were alone for 30 minutes during the bath. After the bath, the nurse's aide reported a "rash" on Rodebush's face.
When the rash was reported, the aide’s supervisor was not able to take the report herself. When the supervisor went later to talk to the aide about the rash she noted he smelt of liquor. He told her he had "partied" all night and had only stopped the partying in time to come to work. The supervisor then decided to send the employee home.
The nurse's aide had been hired by New Horizon without any background check. A background check would have revealed the aide's prior conviction of a violent felony - assault and battery with intent to kill. He had also been convicted for carrying a weapon after former conviction of a felony.
Nurse’s Aides are supposed to complete training before beginning to work alone with patients. The supervisor misplaced the paperwork stating he completed treatment, but recalls that he did in fact complete training.
After investigation by the Department of Human Services, the nursing home was found to be in violation of several regulations. The violations included failure to properly train personnel, failure to follow in a timely manner the...