Nursing Home Abuse Case Could Take Longer Than Hoped
Last June, a woman who worked at an Alaskan nursing home was accused of patient and nursing home abuse.
Ginger S. Newlun faces felony counts of nursing home abuse against a patient, as well as felony aggravated battery, for incidents at a Crest View Nursing Home in New Lisbon.
According to the criminal complaint, Newlun, a certified nursing assistant, had repeatedly abused one of the Crest View patients, 86-year-old Marion A. Nelson. The incidents were reported to an employee of the nursing home by two other certified nursing assistants.
According to the incident report, the nursing home abuse had occurred over a 6-month period.
“That’s the mean one who pulls my hair,” Nelson allegedly told the employee, who reported the nursing home abuse to law enforcement, saying that one of the nursing home employees “had inappropriate contact with a patient and it may have been an ongoing issue.”
The nursing assistant reportedly did not come forward sooner because “Newlun is very intimidating.”
Another nursing assistant told police that she had witnessed Newlun abuse Nelson, specifically, at least once a week since October or November 2011 – at least seven months before anyone reported the nursing home abuse to authorities.
The nursing assistant reported hearing Newlun threaten to break Nelson’s fingers, among other things.
No Speedy Resolution in Nursing Home Abuse Case
On Thursday, June 27th, a circuit court judge overseeing Newlun’s case ruled that there would be a motion hearing on October 11. Newlun’s attorney filed a series of motions in the nursing home abuse case, and they must be reviewed.
Newlun’s attorney filed three separate motions in Juneau County Circuit Court that week, demanding that the state turn over evidence, including the patient’s mental and medical health records, as well as records related to the state investigation of the nursing home abuse, and the nursing home’s records related to the abuse case.
Newlun’s attorney also asked that the court exclude evidence during the trial that identified Newlun as the perpetrator of the nursing home abuse, because officers subjected her to identifications procedures “inconsistent with training and protocol of the department and law enforcement officer involved.”
Newlun, who is free on a $25,000 signature bond, waived her right to a preliminary hearing in January. If convicted on the two felony nursing home abuse charges, she faces up to 6 years in prison.
The Strom Law Firm Prosecutes Nursing Home Abuse in South Carolina
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, explo
An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceedings:
1. an investigation and finding by an adult protective services agency or the regulatory agency for nursing homes (in South Carolina it is the Department of Environmental Control);
2. a civil cause of action for damages; and/or
3. a criminal prosecution.
These three types of proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the civil action is to seek compensation for damages; and the criminal prosecution is when the state seeks to punish the harmful conduct.
If your loved one has faced nursing home abuse, you do not have to suffer in silence. Contact the attorneys at the Strom Law Firm for a free, confidential consultation. We are here to help. 803.252.4800.
