Police arrested Brian Dillman, a CNA at Good Samaritan Home and Rehabilitation, and charged him with battery after he allegedly choked, punched and scratched an elderly woman who asked for assistance with bathing. According to reports, the the disabled woman has bruises and scratches from when Dillman grabbed her from behind and attempted to choke her. Dillman remains out on bail. No word as to his employment status at the nursing home.

Can the nursing home be held responsible for this abuse?

Maybe, it all depends on the circumstances and what– if any– knowledge the facility had of Mr. Dillman’s violent tendencies. The fact a violent event took place at the hands of an employee is generally not enough to impose liability on the part of a facility.

When caring for disabled patients, nursing homes must take maximum precautions to ensure their well being. Relatively, simple preventative measures on the part of the facility can ensure a safe environment for patients. Nursing homes should:

Conduct a pre-employment background check of all employees
Conduct regular criminal record checks on all employees
Investigate all allegations and signs of physical and psychological abuse
Adequately staff facilities in order to ensure multiple employees are present to look after each other
Alert law enforcement to any suspected criminal activity
Remove employees who stand accused of abuse from the facility during the course of the investigation

vinty says:

October 2, 2009 at 4:29 pm

As an R.N. whom has been witness to the abuse in adult facilities and been subject to mental and physical abuse after being physically disabled, I detest at how many of the caregivers/nurses/OPG are given a free ride and things are covered up.

Jonathan Rosenfeld says:

October 3, 2009 at 7:14 am

Thanks for your insight. I wish more people in your position would come forward regarding this abuse. Additionally, this would certainly lend credibility to those who claim these are only ‘isolated’ episodes.