Medford Multicare Center Investigation Leads to Arrests

Nine people have been arrested after an investigation by the state attorney general’s office into Medford Multicare Center, a nursing home located on Long Island, according to an NBC New York article. Kethlie Joseph, an employee of Medford, was charged with criminally negligent homicide in the death of 72-year-old Aurelia Rios, a former patient of the nursing home. Ms. Rios died after becoming disconnected from her ventilator. Aides neglected to respond to an alarm that sounded every 15 seconds for over two hours.

Six other employees, including the administrator, David Fielding, have been charged with participating in the cover up of the death. New York Attorney General Eric Schneiderman released a 58-page civil complaint stating there had been a “history of neglect of Medford’s most vulnerable residents.” Two additional employees have been charged with falsifying documents regarding injuries to other patients at Medford.

Falsifying records and covering up incidents are recurring problems in nursing homes. Many times these incidents go undiscovered. In a previous blog post, I mentioned the state investigation into Northwoods Rehabilitation Facility in upstate New York. These investigations are a step in the right direction, but more needs to be done to protect the rights of loved ones in nursing homes. If you believe a loved one has been the victim of abuse or neglect, contact a lawyer immediately.

Privacy and Nursing Home Surveillance

In recent months, with revelations concerning consumer credit card theft and the National Security Agency surveillance programs, the notion of privacy has again entered the public consciousness. Now seems like a good time to discuss the debate that continues over privacy and surveillance in the world of long-term care facilities. Unfortunately, abuse and neglect occur far too often in nursing homes and assisted living facilities and, in an attempt to protect loved ones, families are turning to technology. Small, sometimes hidden, cameras, often referred to as “granny cams,” are becoming increasingly popular as families and governments seek to ensure proper care.

In a New York Times article last November, Jan Hoffman recounts the story of a nursing home resident, Eryetha Mayberry, from Oklahoma City, Oklahoma. Ms. Mayberry and her family had noticed a few personal belongings go missing and installed a hidden camera in an attempt to catch a thief. When Ms. Mayberry’s daughter finally watched the footage, however, she was astonished and horrified by what she discovered. Staff members had been abusing her mother.

As a result of the outrage that arose following the discovery of Ms. Mayberry’s abuse, Oklahoma became the third state to explicitly allow surveillance cameras to be used in the rooms of residents of long-term care facilities. New Mexico and Texas are the other two states that have passed similar legislation. Although New York has passed no specific legislation allowing individuals to maintain surveillance cameras in their rooms, the government, specifically Governor Andrew Cuomo and the Medicaid Fraud Control Unit, has been using hidden cameras in nursing home investigations throughout the state.

In March of 2010, then-Attorney General Cuomo reported that 22 arrests had been made after investigations into Northwoods Rehabilitation and Extended Care Facility in Troy, NY and Williamsville Suburban Nursing Home in Amherst, NY. Surveillance footage played key roles in both investigations, revealing instances of alleged neglect and conduct endangering residents.

Proponents of video cameras understand that, without surveillance, much of the abuse and neglect that is occurring may never be discovered. In addition to uncovering instances of mistreatment, many hope that cameras, coupled with posted notices of surveillance, will prevent abuse and neglect from occurring in the first place.

However, nursing home surveillance has encountered opposition. Opponents claim that these cameras are an invasion of privacy. A frequently used argument against the use of cameras is that the monitoring infringes not only on the rights of a loved one, but also the rights of fellow residents. Cameras may catch residents during their most intimate moments, such as when they are dressing or undressing. Some nursing home operators also believe surveillance may reduce staff morale, claiming that it may become more difficult to hire and retain caretakers if they constantly feel threatened by the monitoring of video cameras (CNA’s Cost and Benefits of Video Surveillance).

These arguments against video monitoring may be valid. But is slightly less privacy worth the potential reduction in abuse and neglect, along with the peace of mind gained by residents and their families? With the right rules and regulations, I think so.