2 healthcare workers accused of elder abuse after woman, 92, found with broken bones

Yahoo

a day ago

DENVER (KDVR) — Two women are accused of elder abuse after a patient at a local health care center sustained injuries, including a broken leg.
A detective was called to Sky Ridge Medical Center on May 9 after a report of elder abuse against a 92-year-old woman who suffers from severe dementia, according to a press release from the Arapahoe County Sheriff's Office.
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The woman was taken to the hospital in an ambulance from Orchard Park Health Care Center, and hospital employees noticed that she had broken bones in her leg, according to the sheriff's office.
The employees told a detective that the serious bodily injuries were not consistent with the injuries stated in the report from Orchard Park Health Care Center.
According to the sheriff's office, the report from the health care center said that the woman was found sitting in her wheelchair, 'screaming for help in terrible pain,' and that no one saw her fall or knew what happened.
During the weeks-long investigation, the sheriff's office said investigators learned that two employees at the health care center were lying about how the woman obtained her injuries.
One of the suspects, identified as Certified Nursing Assistant Patience Jackson, 35, was arrested at her home. The other suspect, identified as Zainab Namale, 34, is in Miami and was given 24 hours to turn herself in. Both are facing charges of criminal negligence, crimes against an at risk person and complicity.
'In addition, investigators say both suspects were complicit in their actions to hide the truth of what happened to the victim,' the sheriff's office wrote.
Detectives believe that the woman was injured on May 8 and that the injuries were a result of criminal negligence, which is a crime against an at-risk person.
'The story that Orchard Park gave us could not have happened this way, to break the leg like this,' said Arapahoe County Sheriff's Office Detective Eric Van Cleave. 'She is more pigeon-toed, if you will, it would have to be some kind of twisting motion; somebody pulling her leg, trying to straighten her legs out, somebody might have gotten rough with her. We don't think she fell from what the injuries look like; again, this is what doctors are telling me in my interview. Whatever happened to her inside the facility at Orchard Park was egregious.'
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According to arrest affidavits obtained by FOX31, detectives first began investigating the case on May 10 and were told fairly quickly that the patient had a 'spiral fracture' that was not consistent with the injuries stated in the nursing home report.
The detective then went to Orchard Healthcare Center to speak with staff about the incident. He noted that several employees were visibly nervous about his visit, and was given a cellphone with the CEO on the line. The detective said that the CEO was also audibly nervous, and 'spoke so fast that I was unable to understand his name or what he was saying.'
After the phone call, the detective sat down with the director of nursing and the charge nurse. They also appeared visibly and verbally nervous, according to the arrest affidavits. The director of nursing said that the victim was 'found by staff in her room, half in and half out of her wheelchair, screaming in pain.'
The staff members said that two staff nurses placed a 'gate' belt, or transfer belt, which is used to help nurses support patients with mobility issues when they are walking or transferring locations.
The nurses told the detective that the victim 'planted her feet' while being moved, and the nursing director said this is how they believe the patient was injured, but they weren't sure, according to the affidavit.
The detective returned to the hospital, according to the arrest affidavit, and spoke with a surgeon who operated on the victim.
'He stated that the break was not a spiral fracture, and the TIB/FIB was broken in two places,' the arrest affidavit stated.
The detective reported that the surgeon said that the events described by the director of nursing 'did not match the type of injury the victim had, and that there was no way the injury happened while the victim was in a wheelchair.' The arrest affidavit said the surgeon called it a clean break of the tibia and fibula.
According to the arrest affidavit, Patience Jackson was the first person who heard the victim screaming in her room. She told the detective that she ran into the room and saw the victim halfway in her wheelchair and sitting next to her bed with the bed remote control in her hand.
She told the detective that she grabbed the bed remote and went for help, finding Zainab Namale, and the pair of them returned to the room.
'Once in the room, Zainab took the remote and raised the bed as it was sitting, pressing the victim's legs underneath the bed,' the arrest affidavits state. 'Once the bed was raised they observed something 'poking' out of her left leg but did not know what it was.'
The staff took X-rays and transported the victim to Sky Ridge.
Later, in a separate interview, the facility's director of nursing said she believed the bed, coupled with the victim holding the remote control, meant she did injure herself. When Sky Ridge medical personnel were asked if the story aligned with the victim's injuries, the personnel said there is 'no plausible way the bed came down with that much force on the victim's legs to create the substantial injury she has.'
The staff even provided a demonstration, showing there is ample room between the frame and the floor that would not have caused the injuries exhibited.
The family released the following statement regarding the incident:
'As a family, we are heartbroken that Colorado facilities have failed to provide the safety and dignity our elderly family member needed. Our family grieves the reality that safe, respectful elder care is not guaranteed in Colorado.'
FOX31 reached out to Orchard Park Health Care Center, which initially said that it has no comment. Later, it provided this statement to FOX31:
Orchard Park Health Care Center prides itself on providing safe and high-quality care to its residents through its qualified and caring staff. As a testament to Orchard Park's commitment to its residents and their families, Orchard Park has been recognized as a Five-Star Quality Rated facility by the Centers for Medicare and Medicaid Services and has received the Governor's Gold Seal Award by demonstrating excellence over a sustained period. Orchard Park is also certified by the Joint Commission on Accreditation for Health Care Organizations.
Orchard Park will not comment on ongoing investigations but has cooperated while providing its residents with the high-quality care they expect and deserve.
The statement was provided by Christopher Jones, a partner with the Gordon Rees Scully Mansukhani Law Firm.
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