Sexual Abuse Of Resident: Nursing Home Administrator Fined, License Revoked
Legal Eagle Eye Newsletter for the Nursing Profession
March 1998
Quick Summary: The board ruled it is patient abuse for a nursing home
administrator to fondle a patient even once. The court agreed. The board decided a fine of $2000 was justified. The board also revoked
his license as a nursing home administrator. The court confirmed these as appropriate
sanctions.
According to the facts set out in the record by the New York Supreme Court, Appellate Division, the abuse of a thirty-five-year-old blind and retarded female nursing home resident by the male administrator of the facility had most likely been an on-going situation.
A female nurse’s aide had seen him in the resident’s room on many occasions placing his hands on her bottom. However, when called to testify the aide said she could not say for sure if this was just a sign of affection or if it was sexual in nature.
A male aide had also seen him in the resident’s room. On one occasion the aide opened the door to bring in a lunch tray, and found him with his hand on her upper thigh. The court did not need to see an on-going course of improper conduct. One incident clearly sexual in nature was sufficient justification for disciplinary sanctions.
Goldsmith vs. DeBuono, 665 N.Y.S. 2d 727 (N.Y. App., 1997).