Nursing Aide Charged with Elder Abuse in Quincy Massachusetts
A CNA at Quincy's Hancock Park Rehabilitation & Nursing Center was charged this month with sexually assaulting an Elder victim the shower. This is the second Nursing Home aide charged criminally with abuse in Quincy in recent months.
In another criminal proceeding, Kara Murphy, an aid at Quincy's Atrium at Faxon Woods was charged with criminal abuse. Murphy's victims included a client represented by Quincy Attorney Bernard J. Hamill, whose office handles Nursing Home assault and abuse cases.
These cases present unique challenges of proof. In most cases the victim is blamed. The family may not want the crime details to become public. The Nursing Home often engages in a conspiracy of silence. Proof is tough: virtually all of the witnesses work for the Nursing Home and are extremely reluctant to testify against their employer for fear of retaliation.
Two recent cases handled by Attorney Hamill illustrate the process: Last year we handled the cases of two elder victims verbally and physically abused by an Aide, Bernadette Stackpole, in a Kindred Massachusetts facility. To say that getting evidence from the CNA's was difficult would be an understatement. Our office had to subpoena to hearing more than 30 witnesses...most extremely adverse to the 2 victims.
Persistence prevailed: after 7 days of testimony we received a record verdict of $750,000 for the two victims. It was noteworthy because we went to trial knowing there were NO physical injuries, no treatment, and no emotional recognition by the 2 victims according to Kindred's defense Dr. The two victims had dementia. The Judge rejected that argument and the two victims were awarded just damages for emotional distress.
