Former Head Nurse Faces Felony Elder Abuse Charges, Trial Date Finally Set
The former head nurse of a nursing home in Placerville, CA, will officially stand trial on felony elder abuse charges, after a judge on Friday, April 26th, rejected the defense’s motion to dismiss the case.
59-year-old registered nurse Donna Darlene Palmer, and her coworker, 39-year-old nurse Rebecca Smith, originally pleaded not guilty to the felony elder abuse charges last year. However, Smith was able to avoid a trial with a plea deal with California authorities in which she may receive a suspended jail sentence in exchange for helping prosecutors with Palmer’s felony elder abuse charges.
The felony charges stem from the death of Johnnie Esco, a 77-year-old resident of the El Dorado Care Center in Placerville. In 2008, Mrs. Esco was admitted to the care center for rehabilitation following a stay in the hospital from a bout of pneumonia. After less than two weeks at the facility, Mrs. Esco suffered such extreme neglect that she developed a fecal impaction and died after returning to the hospital for treatment.
Originally, the Esco family, including Mrs. Esco’s husband Don Esco, prosecuted the El Dorado Care Center in civil court. However, the District Attorney and the Department of Justice deemed there to be insufficient evidence of elder abuse for a criminal prosecution.
After four years of fighting, the widower Mr. Esco will finally see the elder abuse case brought to court. Criminal charges were brought against Palmer and Smith when the California Attorney General Kamala Harris’s office decided to prosecute, after the El Dorado County district court declined.
Palmer’s attorney, Patrick K. Hanley, argued that the felony elder abuse charges should be dismissed because the state “failed entirely to present any evidence that Donna Palmer knowingly and intentionally violated any duty of care to Mrs. Esco,” according to court papers. However, Deputy Attorney General Steven Muni, who is prosecuting the case, contends that both nurses failed to perform their duties, failed to adequately supervise staff at the nursing home, failed to “properly document and investigate Esco’s injuries,” and “clearly neglected” Mrs. Esco in their supervisory roles at the nursing home.
Palmer’s trial date has been set for August 6th. The El Dorado nursing home has since been sold and renamed.
Signs of Elder Abuse, Including Felony Elder Abuse
A person does not have to inflict abuse to be held responsible for the physical abuse. One is culpable by allowing it to take place without doing anything to stop or prevent the abuse. By law, physical abuse includes: slapping, hitting, kicking, biting, choking, pinching, burning, drugging a patient or confining a patient to control behavior. SEC. 43-35-10
Nursing home residents suffering from physical abuse by their caregivers (home caregivers, family member caregivers) may show:
- bruises, welts, burns
- unexplained fractures or other physical injuries
- repeated accidents
- injuries left untreated
- references to caregiver’s temper or anger
- nervous or quiet around caregiver
- runs away from the home or tries to
- has marks or scars from restraints on wrists
- shows effects of chemical restraints such as incoherence, grogginess, excessive sleep
- sudden fear, restlessness, anxiety
- prevented from getting medical treatment or being alone with visitors
Physical abuse of the elderly, whether in a nursing home, or at home by a caregiver, is a felony and should be prosecuted.
The Attorneys at the Strom Law Firm Prosecute Felony Elder Abuse
If your loved one has physically suffered, or died wrongfully, because an in-home caregiver or registered nurse in a nursing home has neglected the patient, you may have a felony elder abuse case. The attorneys at the Strom Law Firm understand the sensitive nature of elder abuse cases, and will treat you with respect and compassion. It is important to fight felony elder abuse so you, your family, and others no longer suffer because of criminal behavior. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help.803.252.4800
