A 76-year-old woman from Washington, DC, was sentenced on December 10, 2024, in Superior Court for one count of criminal abuse of a vulnerable adult and attempted threats, announced US Attorney Matthew M. Graves for the District of Columbia and Daniel W. Lucas, Inspector General for the District of Columbia.
The defendant was sentenced to 24 months of probation. As part of the sentencing, she is required to stay away from the victim and is prohibited from working, volunteering, or participating in any activities involving the elderly, vulnerable individuals, cognitively disabled persons, or children. This prohibition extends to work in hospitals, assisted living facilities, nursing homes, rehabilitation centers, doctors’ offices, urgent care centers, and daycare facilities.
According to court documents and evidence presented at trial, the defendant was employed as a patient sitter at a hospital in Southeast Washington. On January 4, 2021, while attempting to change the soiled clothing of a 68-year-old patient under her care, she struck the patient multiple times with the remote control for the hospital bed. The victim, who had previously suffered a stroke, was paralyzed on one side of his body, unable to speak, and classified as a vulnerable adult.
The abuse was captured on cellphone video by another patient sitter who witnessed the incident. The video showed the defendant repeatedly striking the patient, causing visible distress. Following the incident, the defendant was terminated from her position. The abuse was reported to hospital authorities and was subsequently investigated by the DC Office of Inspector General.
Compliance Perspective
Issue
Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment that results in physical harm, pain, or mental anguish. Any form of abuse, regardless of the victim’s mental or physical condition, causes significant harm. According to F600 in the State Operations Manual, Appendix PP, residents have the right to be free from abuse, neglect, misappropriation of property, and exploitation. Reporting abuse, neglect, and exploitation is mandatory in all nursing facilities. It is essential that each facility has a clear process for reporting violations, and staff must understand their role in identifying, reporting, and investigating abuse. Failure to report abuse within the required time frame is a violation of F609, Reporting of Alleged Violations, and can result in citations at the immediate jeopardy level. Substantiated violations may lead to sanctions and civil or criminal charges. Abuse is prohibited and must be reported in all sectors of healthcare.
Discussion Points
- Review and update policies and procedures for preventing, identifying, and reporting abuse.
- Ensure that all staff are trained on what constitutes abuse and the steps to take when abuse is suspected. This training should be offered during new employee orientation, repeated at least annually, and more frequently if needed. Document the training in each employee’s education file.
- Periodically audit staff understanding of abuse reporting procedures. Ensure staff are aware of their reporting options, including the use of the anonymous hotline. Conduct audits of care delivery through resident interviews and observation. Investigate and address any complaints received, ensuring they are reported in accordance with requirements.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*