A 75-year-old resident in a Michigan nursing home has died nearly three months after being assaulted by a 20-year-old man recovering in the facility from COVID-19. After the alleged assault, the resident’s condition declined, and his nephew reported that he was depressed and had not been eating properly.
The incident received national headline attention due to the viciousness of the attack that left the resident with a broken jaw, four broken fingers, broken ribs, and other injuries.
The 20-year-old man accused of the beating was charged with two counts of assault with intent to do great bodily harm, larceny, and two counts of credit card theft. He has been awaiting a scheduled hearing to determine if he is mentally competent to stand trial. It is now unknown whether he will face murder charges.
Along with a video of the assault that the accused recorded on his cell phone and then posted on YouTube, the police investigation has uncovered other posted videos that show the accused assaulting other people.
The victim’s family had not been allowed to visit until recently, and afterward reported that, “He wasn’t doing very good.” They plan to file a lawsuit against the nursing home.
Compliance Perspective
Issue
Failure to protect residents from physical harm and theft of personal property, and unauthorized placement of photos and videos on social media by other residents, may be considered breaches of residents’ rights to freedom from abuse, neglect, and exploitation and the right to privacy, all of which may violate state and federal regulations.
Discussion Points
- Review policies and procedures for identifying and monitoring residents with behavioral issues, and residents’ right to privacy regarding social media.
- Train staff about the importance of reporting observed indications of behavioral issues in residents to their supervisor. Also provide periodic education about residents’ right to be free from abuse, neglect, and exploitation, and everyone’s responsibility to protect residents’ privacy.
- Periodically audit to determine if residents with behavioral issues are being supervised adequately, and if their care plans include relevant interventions for staff to follow.
FOR MORE INFORMATION ON THIS TOPIC view: RESIDENT TO RESIDENT AGGRESSION.
