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Home Care Elder Abuse Cases on the Rise
July 18, 2008
Topic: Nursing Home Abuse
As baby boomers in the country age, more and more of them are choosing to have home care instead of living out their days in a nursing home. Home care not only offers better care than they would receive in a nursing home, but also gives them the comfort and security of being in their own home, cared for by help. The general consensus is that home care has been good for all concerned – for the elderly who enjoy special care, and for the government’s Medicare program which saves considerably on the cost of homecare versus nursing home care.
A string of elderly abuse cases by home care providers however, has come as a rude shock. Elderly abuse cases by home care providers may be rare, but the worrying trend is growing, and often with fatal results. In a shocking incident in late 2006, 86-year-old Priscilla Stovell was killed by her home care provider, who gave the heart attack patient a lethal dose of morphine and methadone, and then proceeded to rob the house.
The care provider, 42-year-old Kelly Jones has been found guilty of involuntary manslaughter, and has been sentenced to three years in prison. Jones was later found to have had a record of arrests and convictions. Domestic assault, drug smuggling – the care provider had both of these on her record, and had even served jail time in the past. The company that recruited her, however, Fresno Senior Care Inc. told Stovell’s family that their employee had undergone strict background verification checks. They also claimed that Kelly had passed all checks.
Obviously, there was more than a little misrepresentation of facts here. It’s not likely that Jones’ blemished record could have escaped even a basic background check. The woman had spent time in jail – how difficult can it be to unearth such details? The overwhelming – and frightening – truth is that the care center likely did not bother to verify the credentials and background of those who sought employment with it. It sent a convicted criminal to take care of an elderly, sick and feeble woman.
Mrs. Stovell’s son is now suing Fresno Senior Care Inc. for wrongful death, claiming that the center neglected to check the background of Jones before they cleared her to work in Stovell’s home.
The main problem with home care is the lack of licensing that is required by providers before they can apply for work. Nonmedical providers in most states need no license, and in California, a bill to make mandatory background checks and licensing of nonmedical home care agencies was rejected because of lack of funds to support such a measure. Some counties like Napa are preparing to have local ordinances in place that would help regulate the home care industry, and make it more accountable. Some states including Illinois, are placing their own licensing and background check requirements on the table.
Given the growing number of Americans who are opting for home care, we will probably continue to see such instances of elderly abuse in their own homes by people who are hired to care for them. We hope the authorities take firm measures to make sure the industry is more accountable, to protect the weak and vulnerable who depend on these care services from elder abuse.
The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of elderly abuse. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.


