Nailing an Omelet to the Wall - Prosecuting Nursing Home Homicide (From Corporations as Criminals, P 131-145, 1984, Ellen Hochstedler, ed. - See NCJ-94652)

• NCJ Number: 94658
• Author(s): C B Schudson; A P Onellion; E Hochstedler
• Date Published: 1984
• Length: 15 pages
• Sale Source: Sage Publications, Inc
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This case study demonstrates the successful corporate criminal prosecution of a nursing home.

Abstract

In the case, a nursing home patient wandered away from the grounds and froze to death. The person responsible for maintaining qualified personnel and services received a homicide conviction by reckless neglect and 12 counts of patient neglect. Despite the desirability of such prosecutions, they are rare. This may be due to a combination of factors, such as certain prosecutorial attitudes and the difficulties of investigating and prosecuting such cases. Successful prosecution depends in part on cooperation among Federal, State, and local law enforcement agencies, on the application of different standards than those used for individual, and on follow-through by the prosecutor after sentencing. The success of such a prosecution is notable due to such factors as the long-term effects of the case both locally and throughout the country. The case in question received national publicity, including a story in 'Newsweek' that prompted inquiries from around the country. The prosecutor ended up helping jurisdictions throughout the Nation develop similar cases, including one in Texas resulting in a murder conviction. The appendix presents an excerpt from a case involving Medicaid fraud. Two notes, 3 cases, and 16 references are provided.