October 20, 2019

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Chicago Nursing Home Sued Over Alleged Abusive Facebook Live Video

The daughter of a 76-year-old man is suing her father’s nursing home in South Holland, Chicago, over a video in which multiple caretakers allegedly coerced him into exposing himself on Facebook Live.

The lawsuit was filed last week against Holland Home, an assisted living facility, and claims that the employees abused and humiliated the resident, who is a stroke survivor and was diagnosed with dementia.

The suit accused the nursing home and employees of violating the Nursing Home Care Act, as well as causing emotional distress to a mentally disabled man, publicly revealing health information, and negligent supervision.

The lawsuit came about after the daughter of the resident was alerted to the video on Facebook by a former caretaker. In the Facebook Live video, reportedly about a half-dozen employees are seen taunting and pressuring the resident to remove his pants, as he lies on a nursing home bed with a diaper in his hand.

This is not the first time this assisted living facility has faced scandal. In 2015, the facility was investigated for the suspicious deaths of three residents; one resident’s death was eventually ruled a homicide caused by toxic levels of morphine and hydrocodone.

This is a disturbing lawsuit, and it’s important to remember that residents have rights. Under New Jersey law, residents:

  • Have a right to a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident, including the right to expect and receive appropriate assessment, management and treatment of pain as an integral component of that person’s care consistent with sound nursing and medical practices. N.J. Stat. § 30:13-5(j)

  • Have a right to confidentiality and privacy concerning one’s medical condition and treatment. N.J.S.A. 30:13-5(g)

  • Have a right to live in a nursing home that does not subject the resident to neglect, N.J.A.C. 8:39-4.1(a)(5);

  • Have a right to live in a nursing home that does not subject the resident to physical and mental abuse; N.J.A.C. 8:39-4.1(a)(5); and

  • Have a right to live in a nursing home where the nursing staff protects the resident’s dignity and individuality by treating the resident with courtesy, consideration, and respect; N.J.A.C. 8:39-4.1(a)(12).

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About this Author

 Alex Fajardo, Lawrenceville, New Jersey, litigator, personal injury claims, nursing home malpractice
Associate

Alex J. Fajardo is an Associate in Stark & Stark’s Nursing Home Litigation Group. Mr. Fajardo concentrates his practice on personal injury claims, nursing home malpractice, and litigation with emphasis on wrongful death, catastrophic injury, negligence, and abuse claims arising in nursing homes, assisted-living facilities, psychiatric facilities, hospitals, boarding, and group homes.

Prior to joining Stark & Stark, Mr. Fajardo worked for a personal injury firm in the Princeton area, where he concentrated his practice on nursing home...

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