Alternative sentence for man who assaulted nursing home worker

If he can behave for another few days, a Perkins man convicted of assaulting a nurse in June will be off the hook.
Associated Press
Oct 6, 2012

Court records show Martin Hogan, 78, pleaded no contest to a single count of assault in July. He initially pleaded not guilty.

On June 12, Hogan grabbed Parkvue Health Care Center employee Collette Yontz’s hand and clamped down. The assault happened while Yontz worked with another nurse to lift Hogan’s wife, a nursing home client, into a bed.

Yontz told police Hogan wouldn’t let go of her, and she had to physically removed his hand.  

After the Register reported on the incident, calls streamed in from residents on both sides.

Members from Hogan’s church described him as a “professional gentleman” devoted to his ailing wife. They said the whole thing was ridiculous.  

Others, including nursing home employees, said it wasn’t the first time Hogan had a run-in with staff.  

After he pleaded to the charge in July, a judge sentenced  Hogan to 75 days of diversion. In other words, the assault charge will disappear from his record as long as he doesn’t get in trouble before his sentence expires.

Hogan paid $92 in court costs and $50 a month for diversion program fees.

Comments

wiredmama222

Most nurses will tell you that the best thing to do when moving a patient is to ask the family to wait outside the room. Why was this not done when they moved this family member.

Perhaps this man did not like what he saw when they moved his wife. Where they being too rough for his liking? Did they not show proper respect in his eyes? Whatever the cause, I think this was reprehensible on the part of the workers at this nursing home.

Having worked as a head nurse in a home, my aides and nursing assistants would NEVER have been allowed to move a patient in the presence of a family member....EVER. This is exactly why. And to report a problem such as this to the police is even worse. No way.

I feel sorry for this man. He should never have had to go through this kind of indignity. Nurses get grabbed, yelled at and other indginities. It goes with the territory. You deal with it in other ways besides calling the cops. Yes, you have rights, but you report to your head nurse and SHE deals with it, not you. Are you a drama queen or something? And to wait until a day or two later to report it is even more suspect. What did you expect to accomplish? A lawsuit perhaps? Money?

It is shameful that Ms Yontz did not know that and submitted this man to this sort of indignity no matter what. Too much drama, I say.

Does this nursing home or care facility not know the simple but stated rules of conduct for each and every nursing home patient? The Bill of Rights for each patient?

Perhaps the director of nursing needs to talk with the staff about dignity for its care givers so this type of thing NEVER happens again.

Shame on the care givers and shame on him for grabbing her. But it all could have been avoided if the care givers knew and understood that you NEVER have a patient"s family in a room when you move a patient.

Simple as that. It all could have been avoided.

cockynurse

I have to completely disagree with you, Wiredmama222.

Being assaulted by a patient's family DOES NOT go along with the territory of being a nurse. We should not be forced to accept this type of treatment.

What's shameful and an absolute indignity is that people in this profession, like you, actually believe this type of behavior is acceptable.

Additionally, if this man has a history of becoming physical with staff-it is the responsibility of the home to act to protect their employees.

As far as patient care when the patient's family is in the room-evidenced-based nursing clearly contradicts your position.

wiredmama222

Oh, no way. Attacked my third leg. The nurses (and she isn't a nurse) know how to handle this type of thing. She was no more assaulted than I can sprout wings and fly. Get real. There are several ways to handle this and her's was the WRONG way. You do NOT call the cops on a 78 year old man like this. It ALL could have been avoided and if you were thinking you would see it. He grapped her wrist. If he meant her real harm he would have slapped her.

My question is what was SHE doing that upset him in the first place and why was he in the room when she moved his wife? Bologna as far as your "room evidenced based nursing" as well. If you really understood nursing care, which you obviously do not. (I suspect you are not a nurse either) you would understand the the sanctity of nursing is to care for the PATIENT at all costs including their dignity FIRST and FOREMOST. Someone here dropped the ball. I suggest to you that if you were in that room you would know that.

This gentleman, from all accounts, except those who came from the nursing home and have a personal vendetta with him I understand, is not at all like what those few girls described. What a shame they have to be the ones to maladjust his late life. How terrible that someone like them should be so out of tune in their own lives, have such "drama" to deal with, that they take it out on a 78 year old man like this. It is truly sickening. What a shame. So don't lecture me that I am wrong about my feelings when a bunch of drama queens who work in a nursing home call the cops on a 78 year old man for grabbing a girls wrist for God knows what reason.

That is outrageous in anyone's standards, not just mine. A simple "take your hand off mine" would have done.

Licorice Schtick

Yeah, but I bet those nurses really appreciate second-guessing from a know-it-all used-to-be who wasn't there.

luvblues2

If you know more about it than wiredmama does, please inform us with your expertise, L.S. My wife was in a nursing home for 2 years because a neurosurgeon refused her a CRT scan. I went to Toledo, Greensprings, Clyde and finally Cleveland EVERYDAY. I saw how she was treated. I wasn't always pleased, especially when I had to change her soiled dry goods EVERY damn nite when I visited. Once she had a CRT scan in Cleveland, they found her frontal lobe brain-shunt was plugged. They fixed it and she came home the next day. She now has her driver's license back and a job! How would you like changing your loved one every frikkin' nite when you arrived at the nursing home?! You need to be quiet about things you don't know. Btw, My wife was only 42 when that happened to her. Now she is 58 and does take of herself just fine. As an aside, I used to leave her change in a wooden box for candy and snacks cause she was well enough to get those on her own in a wheel chair. I had to replenish it every day and could not figure out where it was going. The nurses and assistants where stealing it, said her room-mate. I reported it and it stopped. Also, her wedding ring magically re-appeared after being missing for 2 weeks in that same change box I refilled every damn day.

xyz

...........

wiredmama222

No, you are right, I wasn't there. Were you? I happen to know the girl. She isn't a nurse. I am. She is an aide. I resent anyone who 'pretends" or presents themselves as a nurse when they are not. Secondly I happen to know EXACTLY what did happen. I am not second guessing anyone as I do know what happened in this situation. Do you? As for being a "know it all". Thank you. I appreciate you recognizing my accomplishment at knowing what I am talking about. I appreciate it.

JACKEL

If I were on the jury I would believe your testimony !

wiredmama222

Thanks. She was wrong, he shouldn't have been arrested. I have had my say,now I am done. The defense rests.

just plain disgusted

The admin. allowed him to be in the room and bathroom with staff while caring for his wife and he always demanded to be. So simple as that it could not have been avoided.

Katelih-Trailer...

"Perhaps this man did not like what he saw when they moved his wife. Where they being too rough for his liking?"

"Having worked as a head nurse in a home, my aides and nursing assistants would NEVER have been allowed to move a patient in the presence of a family member....EVER"

Wiredmama...I HAVE to ask..Why aren't family members allowed to watch their loved one being moved ? Just KNOWING that, scares me...

wiredmama222

For the dignity of the patient you ask them to leave. Not the MY staff would EVER have mistreated a patient. EVER. If they wanted to keep their jobs they wouldn't, and my calling the cops on THEM. Its a felony to hit a patient.

But to give the patient their privacy in being moved, we asked that the patient's guests and family step out. It is a matter of courtesy to the patient, nothing more, nothing less. Even those who were married 40 years deserve to have that. Sometimes family members get upset when they see the mechanical lifts we use, the family members moaning or their loved ones being moved by a mechanical means. That alone deserves having the staff do so by the family NOT being in the room. That is what I mean.

You ever been really sick? They ask people to step outside to move you. We did the same thing in the nursing home. Dignity FIRST and ALWAYS. Read the patient bill of rights sometime. Interesting reading. And I believe in patient dignity. Especially for those in a nursing home. Don't you think they deserve it?

Katelih-Trailer...

Thanks for explaining..I never worked in the medical field. I bet it can be quite challenging.

wiredmama222

It is, but gerenotology (working with the elderly) was my favorite. I hate the way some people treat the elderly. We can't just dismiss them from our lives. They were important once...to all of us. Someone's mother, father, brother. I hate people who treat them badly, think they are worthless and should just die. I just want to kick them in the "you know where" when I see that. I worked a long time in nursing homes and extended care. I miss that. I miss teaching about it, too.

People who take advantage of the elderly and their weaknesses as far as I am concerned should be shot at sunrise. They are worse than theives and murderers. There is no need for this kind of behavior. It was all blown out of preportion and it didn't need to be. All drama from a drama queen.

Julie R.

Geez, how ridiculous. That idiot nurse needs to find herself another profession.

wiredmama222

I know her, she isn't a nurse.

Restless1

If they are moving my loved one, I have a right to see that they are doing it with dignity and as painless to the patient as possible. If the patient acts up, I want to be sure that they respond professionly and not slap or othewise force the move. I would refuse to leave the room if so ordered!!!

wiredmama222

Then you also need to know, by the staff or the head nurse explaining it to you carefully that mechanical machines will be used and that your loved one may not like it. He or she may moan and groan but is not being hurt by the move. They may cry (many who have had strokes do that whether they are being hurt or not). They may cry out or even fight with the staff. They may yell or fight the moving. They may claw and slap at the staff, that is normal. The staff may hold their hands and keep it away from the moving parts, but that, too, is normal. They will NOT slap your family member. If you can stay back, keep your comments to yourself and not interfer in any way by speaking to your family member or trying to "help" then by all means stay. Many elderly family members cannot do that. It is a hard thing to do. "Mom, stop that" is something that is frequently heard. Or, "Dad, don't do that, they are trying to help you" and then the daughter or son trys to interceed. That becomes dangerous for one and all. Its hard not to help. But if you can control yourself, by all means, stay. We allowed it as long as the loved one could control themselves. The minute they interferred, out they went. Believe me, it is easier on all concerned if they stay out for the few minutes it takes.
By the way, did you know it is ILLEGAL for a caregiver to strike an invalid? That is cause for the caregiver to be arrested for assault?

xyz

Wired, if you really do know this nurse; you would know she IS a licensed
nurse, unless you feel LPN's are not nurses.....want to start THAT argument on here?? You haven't been in the profession for some time, and times have changed. Try keeping your nasty opinions to yourself at some point. You were NOT there.

wiredmama222

I may not have been there but I do know exactly what happened. Again, a simple "remove your hand" would have been better than to call the police. This was all unnecessary.
And I know exactly what happened. Exactly. When you put yourself in this position you can only expect people to either agree or disagree with you. In this case, I totally disagree with what she did.

I may not have been in a nursing home for some time, but I can tell you this, things have not changed THAT much.

I would love to see the paperwork that says she is an LPN as well. My comments are far from "nasty". I am stating only that she could have handled it differently. If you consider that nasty, it is not my problem.

Perhaps I know much more about her than you do? Did you ever consider that? Perhaps I know more about all of this than you can ever imagine, even without being there just from time, circumstances and history? (by the way, just to make sure...I went the the ohio nursing site and put in here name: her nursing license is NOT on the site for Ohio nursing education and registration at all. YOU may want to go look. But I put it in under both names and it didn't come up under either one. She isn't an LPN or an RN. The board has no record of her). She may be a certified aide but not an LPN. Just saying

Kelly

You weren't there so there is no way you could know "exactly" what happened. Also, what difference does it make if she is a nurse or an aide? Yes, your remarks about this woman seem very nasty & personal.

wiredmama222

She told

eightballcuet1

This man grabbed the nurses hand and clamped down. To me that means he was probably squeezing and inflicting pain on her. I dont care how old you are, no one has the right to put their hands on you like that. And unless you were there, how do you know that she didn't go to her supervisor and it was that supervisor that called the police.

wiredmama222

Because the newspaper report said SHE called the police a day later and the supervisor said she didn't do it, the girl did it.....after speaking to a police officer she knew from "Perkins" about the incident. Then she had him come to the home the next day and filed charges against this man. That is how I knew.

The supervisor said they would never have called the police for something like this, but if the employee wanted to it was up to her. The home did not do such thing.

When the newspaper tried to reach HER for comment, she did not answer the phone.

Kelly

Good for her. Nobody has the right to touch you for any reason when you are doing your job. I would have had him arrested, too. How do you know who she talked to about the incident? According to the paper other employees backed her up saying this wasn't the man's 1st run in with an employee. OMG she didn't answer the phone when the paper called? So what? You seem to have something personal against this woman.

just plain disgusted

Exactly what I thought

nofufucat

Please tell me where I can find the patient bill of rights online or what it is thank you.

jon491

google it

Mum-of-One

"On June 12, Hogan grabbed Parkvue Health Care Center employee Collette Yontz’s hand and clamped down".

That is classed as an assault. How ridiculous. A 78 year old man being accused of assault. What happened to a compassionate and caring attitude to patients and their family during difficult times. I doubt he meant to assault her because if he did he would probably have smacked her one!

wiredmama222

If it was such a classic assault, why did it take her to go ask a cop and a day to have him arrested? Didn't she know it when she saw it? Apparently not. And apparently the judge didn't think so either or he would have jailed him as well. Not so classic is it?

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