Fatal Assault Case Exposes One Nursing Home's Frequent Assault Issues

A nursing home dinner of pot roast, green beans and potatoes may have proved fatal for a 72-year-old nursing home resident. Prosecutors say, a fellow resident at the nursing home was furious after the man had sneaked into his room and stolen his meal. The 62-year-old resident to whom the meal belonged, allegedly punched the older resident on Aug. 21 at the home, then told cops, "He was trying to steal my food and that is why I hit him."

Originally charged with aggravated battery, the charges were upgraded Friday to include murder after the victim died Sept. 18. A homicide ruling was delayed because the victim was buried without an autopsy after doctors at Mount Sinai Hospital "didn't tell us he'd died," said the County Medical Examiner. Medical records have since proven that he died as a result of the assault, she added. Records show that the man responsible for the assault served time in state prison for drug offenses and had a history of abusing staff.

The State Department of Public Health cited the nursing home for its handling of the man's death. The home is under "ongoing investigation," said a spokeswoman for the Department of Public Health. According to Police records, there have been 16 alleged assaults and batteries at the home since August. For more, read the story.
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Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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