Reference no: EM133107291

The operator of a nursing facility appealed an order by the Department of Public Welfare revoking his license because of resident abuse in Nepa v Commonwealth Department of 38 Substantial evidence supported the department's finding. Three former employees testified that the nursing facility operator had abused residents in the following incidents 

He unbuckled the belt of one of the residents, causing his pants to drop, and then grabbed a second resident, forcing them to kiss (Petitioner's excuse for this behavior was to shame the resident because of his masturbating in public)

On two occasions he forced a resident to remove paper from a commode after she had urinated and defecated in it. (Denying that there was fecal matter in the commode, the petitioner made the excuse that this would stop the resident from filling the commode with paper) 

He verbally abused a resident who was experiencing diffuculty in breathing and accused him of faking as he attempted to feed him liquids.

The nursing facility operator claimed that the findings of fact were not based on substantial evidence and that even if they were, the incidents did not amount to abuse under the code. The defendant attempted to discredit the witnesses with allegations from a resident and another employee that one of his former employees got into with a resident and that picture of a resident while in the shower and had placed a baby bottle and a humiliating sign around the neck of another resident. The court was not impressed. Although these incidents, if true, were reprehensible, they were collateral matters that had no bearing on the witnesses reputation for truthfulness and therefore could not be used for impeachment purposes. The court held that there was substantial evidence supporting the department's decision and that the activities committed by the operator were sufficient to support revocation of his license 

We believe treatment of these residents as found by the hearing examiner to be truly disturbing These residents were elderly andor mentally incapacitated and wholly dependent on while residing in his home. As residents, they are entitled to maintain their dignity and be cared for with respect, concern, and  compassion. Petitioner testified that he did not have adequate training to deal with the patients received who suffered from mental.

Petitioner's lack of training in this area is absolutely no excuse for the reprehensible manner in which ne treated various residentsAccordingly, order revoking to operate a personal care home is affirmed 

Ethical and Legal Issues 

Do the facts of this case support the finding Discuss your answer. Discuss why senior citizens are often relectant to report abuse