Nurse Found Guilty of Nursing Home Abuse Gets Probation, Little Jail Time
State District Judge Wayne Salvant ordered Maria F. Acosta, 44, from Arlington, to serve 90 days in jail with 5 years’ probation. The sentence was handed down on Thursday, November 14th.
Acosta was charged with nursing home abuse for the mistreatment of Alzheimer’s patient Mynez Carter, 83. At the time of the nursing home abuse in August 2012, Acosta was Carter’s primary caretaker at the Heritage Oaks Nursing Home in Arlington. Reportedly, Acosta pinched Carter’s leg and pulled her hair.
Carter’s family began noticing unexplained bruises on the woman’s body, and they noticed that she would act fearful when anyone would try to hug her. They placed a small camera in her room to tape interactions with staff, and found that Acosta was abusing the resident.
In September of this year, Acosta pleaded guilty to the nursing home abuse charges.
“I don’t have an explanation. I’m ashamed,” she said. She said that she was working two jobs at the time, and was a single mother, and said the stress might have been the problem. She apologized to the victim’s family.
Prosecutors had hoped Acosta would get a maximum of 10 years behind bars, but currently she will only go to jail if she violates the terms of her probation agreement.
Her 90-day jail sentence will be served only on weekends.
3 Actions to Take Against Nursing Home Abuse
Nursing home abuse and neglect cases can be difficult to establish because of an widespread tendency by insurance adjusters, physicians, among others, to discount an elderly person’s injuries and the diminished quality of life that results from these damages.
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse,
An act of abuse, neglect or exploitation of roulete an older person might give rise to one or all of the following types of proceedings:
- 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);
- a civil cause of action for damages; and/or
- 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.
Under South Carolina 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 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.
The Strom Law Defends Victims of Nursing Home Abuse
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.
