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

Sweep88

Wiredmama please go away. Please stop posting. Please stop assuming people want to hear your opinions. Please stop assuming you have the answers to everything. Please stop assuming your views should be adopted by everyone. Please stop accusing all other people of being wrong. Or, PLEASE run for president and fix all of the problems in the world.

thinkagain

One of the best comments ever posted! What makes it great, is its versatility to be used on any of the SR threads. I could plug in many other names and it would still be so very apropos. Let’s see, I think I’ll start with Contango, Big Dog, Office Cat…

wiredmama222

Then you don't think they have the right to post but YOU do? Wow, that is really something. You have the right to speak YOU thoughts but they don't have the right to speak their thought? Only YOUR thoughts count? How interesting! None of them are permitted to say anything about anything but YOU can say what you think and what you feel and can stop them from posting their opinionns and tell them to be quiet and not say a word?.

On who's authority do you feel you have that right? On who's authority do you think you have the right to stop their ammendment rights to free speech? To state their opinions and voice their opinoins on an opinon page? Whenever they feel like it? Whether it agrees with yours or not, as often as they see fit? Who gives you that right? Just asking for further reference!

I didn't know we were now living in a communist state where free speech was no longer available. When did that change?

wiredmama222

I am not assuming anything but you are. This is an opinion page, which allows ANYONE to state their opinions....including me. It doesn't mean you have to READ them or ACCEPT what I say. I do NOT have answers for everything. OH, don't I wish I did. I don't "accuse" others of being wrong, but in this case I do. For specific reasons.

I do not wish to run for President, but thanks for the support. I do not assume that my views should be adopted by everyone and I cannot figure why you would think that. They are opinions, just as yours is. People can take them or leave them. So what? You don't have to accept them at all, but for some reason they bother you? Do they make you think? Anger you?

Good, I hope they do. That is the entire point of other's opinions beside your own. They should make you think. There are opinions stated on here all the time with which I do not agree, and answer back. They make ME think as well. But I don't see them as a threat as much as you do.

Learn from them. You might be surprised how fast you see other people's views open up a whole new world for you. How much your mind expands.

I does for most intelligent people. Why not you?

luvblues2

I don't always agree with you, wiredmama but, well read. People that don't care and just drop off their loved ones in a nursing home, do not visit often, or just simply help tend to their needs, do not understand nor care. I am a witness to such. Just like takin' out the trash. JMHO

cockynurse

Wiredmoma22:

Nowhere in the Resident's Rights does it say family members need to be removed before personal care. http://codes.ohio.gov/orc/3721.13 They have a "right to privacy" but they also have a right to have their family participate in care. Have you never watched "Dateline" on NBC? Some family members even put hidden cameras in the rooms of their loved ones.

I am not going to sit here and argue your antiquated beliefs.

For the record, I am an RN. I started my nursing career as a nursing assistant 10 years before I became an RN. As a registered nurse, I have worked at the bedside, as a clinical supervisor, and in administrative roles. I find many fallacies in your statements.

I stand firmly with my position. No family member has the right to assault a staff member who is caring for their loved one. Additionally, I have personally called the police on family members for assaulting staff. I have called the police on patients as well. There is no excuse for this type of behavior-it does not make a difference if the staff member is a nursing assistant, LPN, or RN.

I urge you to research evidence-based nursing practice as well as consider the hard work and dedication nursing assistants commit every time they clock in. You do not sound very fond of nursing assistants-in fact, it appears as though you are the one with a personal vendetta against Yontz. In my opinion, aides do not get the credit they deserve. It can be a very thankless job. A nurse aide is truly an angel in scrubs.

wiredmama222

That is the farthest thing from the truth. I worked long hard hours, long before YOU ever started nursing to get them rights they now hold. What nurses have become now, real nurses, have no idea how VALUABLE some of the aides really are and they treat them as such. I thank you for valuing them.

I detest liars and cheaters in the field of nursing, or those who pass themselves off as those who "PRETEND" to be something they are not. I also despise those who do things to people and pretend to "CARE" about patients when in private they make comments like "I can't stand to spend another weeks wiping their butts", or "I want a differnt kind of life". Such as I have heard over and over.

There is dedication and there is pretend. Which aides do you work with? The true aides I worked with cared or they left?

I may be old, but the people I worked with truly cared about what we did. We didn't let people sit on bed pans until they had rings on their behinds, until they were in pain. They didn't get bedsores or had drool all over their faces while the aides and nurses congregated at the desk to gossip. They didn't lay in their own feces and urine. Nope, they took care of the people under their care. There is a difference now daya....you bet. And sometimes what I see makes me sick to my stomach.

Ask someone near and dear to you about taking their family member to the "HOME". This evidence based nuring pratice as you call it and see even research the assisted living sections. It isn't the type of care, it is the PEOPLE who count. The type of people who count.

Oh, yes, that is what matters. Who is getting into this type of profession that bothers me. Not because I am OLD, but because I care about the elderly and THEIR CARE. Old has nothing to do with it. Cranky has nothing to do with it. I care because I did that kind of work. My aides, bless EVERY SINGLE ONE OF THEM, did that kind of work...every day of their lives. Unfailing and unflinchingly. They didn't downgrade, they didn't belittle and they didn't lie or cheat anyone. They cared. And when a patient (later a client) died...they wept. We all did.

So don't tell me about your position. I understand it completely. It is as firmly entrenched as mine. Perhaps from differnt angles, but just as frimly as mine. Times change, oh yes. But the "attack" as you put it, is no attack at all. It is a man defending his wife because he saw or heard something he could not stand. It is ALL and was all avoidable. I stll don't think it that bad. Apparently neither did this judge, or the man would have been in jail, would he not???

I have nothing more to say to you. We see it differently from two different eras. Its sad how much things change. I see it from the dignity of the patient, you from the point of view of your staff only. If that is the case, I feel sorry for your patients even more so. When did caring for the patients become secondary to the staff? I always thought the patient and their dignity came first and foremost with EVERY nurse, aide and caregiver? I guess that changed too? I guess I didn't get that memo from the State Board.

cockynurse

Actually, the "Code of Ethics" by the American Nurses Association requires the use of evidenced-based practice...this isn't something I just made up especially for you.

As far as my opinion on assaulting a health care worker being unacceptable, HB 62 confirms that I am, by far, NOT the only person with this belief. HB 62 provides that an assault against a health care worker is a felony.

http://www.legislature.state.oh....

I understand you have nothing more to say to me. I guess you don't appreciate educated responses to your arguments and antiquated beliefs when they differ from your opinions.

cockynurse

Wiredmoma:

Consider this:

Another poor, elderly man decides he does not like the way his wife is being treated-regardless of the situation and technicalities or "right vs wrong". He grabs the hand of a nursing assistant and when he finally lets go-his arm swings out to the side or behind him. This is not the first time an incident like this has occurred. Picture this happening in a common area, such as a dining room. When he lets go of the assistant and his arm swings to the side, he accidently strikes another Resident as she walks past and she falls to the ground suffering a head injury. She is on coumadin. She suffers a brain bleed secondary to the fall. She dies. Who is the real victim now? Who gets sued? Who failed to protect the safety of the other Residents?

Food for thought.

Phil Packer

I like to refer to my dad as a resident, not a patient or a client. He has no other address. So I expect him to be treated the same way he would have been in his former home. It's not easy for any of the people involved with this kind of care, that's all I know for sure.

kURTje

Some people are old & hate filled.

wiredmama222

Maybe old, but never hate-filled. Just caring enough to stand up for the elderly. I hate seeing them abused by people who should know better for their own devises

xyz

Wired---please attend a CEU program on evidence based nursing and keep up with the times. Not all nurses feel the way you do about EVERYTHING. You're not the authority on any subject, just very outspoken behind your made up online name. Be more kind to others, you will get good karma in return.

wiredmama222

I have good Karma dear, do you ? Standing up for the elderly is a good thing when one does so for the right reasons. That is exactly what I did. And I never intend to be the "authority" on everything. Nursing lost something when they stopped caring so much about people and started focusing so much on the staff methods and other types of care, don't you know that? I do. I do try and keep up, but once retired, and seeing the crap they teach now, it means little to me. You guys lost a great deal in nursing. How sad that is.

Curley

If Wiredmama is so smart why doesn't she run either for the Sandusy City Commission or the Erie County Commissioners where she can voice her opinion. Maybe they will listen to her on how to run the city or the county. But I agree with other comments on here she should't be making comments if she does not know the whole story.

wiredmama222

Listen to the song " If you Knew Susie", perhaps you would understand better.
I have NO desire to run for ANY political office. Did it once, never again.
I do know the entire story, dear. Sorry you don't

MsQuarderbitty

To all the employees of nursing homes: God Bless You! You people are angles to take care of our family members when we can no longer do it or don't want to do it. Please keep doing what you do because I could never do your job! All of you deserve better compensation and more respect from the public than what you get now!

Julie R.

I agree that some of them are angels --- but certainly not all. My 92-year-old grandmother was in St. Anne's for a month before she died. She was in the same room with another lady who had a massive stroke. I was in total shock the nasty way some young nurse's aide was treating that lady. The last straw came --- she asked her if she wanted some ice cream and she shook her head yes but when she brought it to her she wouldn't take it. The nurse's aide swore and threw the ice cream so hard in the trash it went flying all over. After that incident, I didn't go to her supervisor, I went straight to the head of the hospital. She told me they had complaints about that aide before and the next day she was fired. Obviously, they had a lot of complaints because a few days later a bunch of people from the State were there going around talking to the patients and their family members.

Julie R.

I tend to agree with wiredmama. That nurse sounds to me like a real drama queen. A 78-year-old man I'm sure is under enough stress with his wife in a nursing home without some drama queen calling the cops on him because he "clamped" down on her hand. Why also was the elderly man helping the nurse lift his wife to begin with when that practice is not allowed?

Kelly

Pot meet kettle

wiredmama222

That isn't fair to Julie, now is it? Why, because she is defending what I said? Wow, how limited your skills are at reasoning.

Kelly

It has nothing to do with what you said. Save your wows and your ridiculous insult attempts for someone who takes you seriously. I haven't since your BTL interview.

wiredmama222

I have known this young woman since she was a child and I know that this entire mess with this man has been blown ALL out of proportion. I would bet that if she had it to do all over again, she would do it differently, because she didn't expect it to go this way, nor did she expect it to get this far. She never does. I feel badly for the 78 year old man, who is a victim in this whole mess. I am sure he meant no harm to her AT ALL.

What should have happened did not happen and that is an apology on both sides and a withdrawal of the charges, but it went to far to do that. Like I said, she should have stopped it when she could have but didn't.

Before it is too late, I hope she finds what she is looking for and it isn't in her present position. Right now, she needs what she is doing. I wish her well and wish her good luck. I know she will need it. I sincerely do. I hope whatever it is she is looking for in her life she finds it. I know she isn't there yet, but I hope she does find it.

God helps those who help themselves. Really help themselves! Really!!!

As for the man, I hope God helps he and his wife right now and gives them peace for the remainder of their days. Good luck to them both.

xyz

"I hope she finds what she is looking for and it isn't in her present position. Right now, she needs what she is doing. I wish her well and wish her good luck. I know she will need it. I sincerely do. I hope whatever it is she is looking for in her life she finds it. I know she isn't there yet, but I hope she does find it."

Wired you have a funny way of showing you sincerely wish her well. If you did you never would have commented the way you did -you were the one to start the negative comments toward her... As far as sticking up for the elderly, 78 isn't as old as it used to be. Being 78 doesn't give you an excuse to be abusive to anyone. Just because he is "elderly",does not mean he doesn't have to be held accountable like anyone else would.

wiredmama222

Listen, I wished her well, and I have known her MUCH longer and on more intimate terms than you. I am sure you will NEVER understand this. I do wish her well, I just know she needs some help with some things. She truly does. If you ARE her friend, please see that you get her some. Really get her the help and support that she truly needs. Honestly.

The gentleman may be 78 but you youngster have a funny perception sometimes about what is and isn't the right and wrong or what someone is or isn't doing to another. You also have a funny way of saying what is or isn't abusive. I don't know if you were there or not. I am guessing not. And I am not going to argue this again and again with you but I doubt that he was "abusive" with her at all, especially given the circumstances. He was held accountable now wasn't he? He did what the judge asked. So what do you want him to do now? He is "elderly", dear. What would you call 78 if not elderly? And yes, it is just like it used to be and it deserves just as much respect as it did when I was your age. That is the biggest problem between you and I right there: RESPECT.
So I meant what I said. I hope she finds what she is seeking, whatever it is she is looking for, for what she lost, and is still looking for and wish her well on her way in her search. Just as I said.

Take it or leave it as you so wish. I really don't mind either way. It is no problem with me whatsoever. As I said. I respect your opinion as I do all others. You have every right to express it, to feel it, to say it or whatever you wish. It is a free country, my dear. That is your right as it is mine.

I said what I had to say. I bear no ill will to her or to anyone else. You have a nice night.

luvblues2

If any of you have to put one of your loved ones in a nursing home because you are unable to care for them, be certain to visit them at least once a week and make certain they know you care. Bring any amenities to help, and make sure you understand what they are going through. Talk to the staff. All of them. Unless, you just don't care.

luvblues2

If there is anyway that you can think of to get a hold of me in private, wiredmama, I'd be willing to talk about Patient's Rights. I've had quite enough of my share of the inequities and over costs and abuses of the system. Do NOT post it on this forum.

wiredmama222

I am finding a way to get to your email address or give you mine

ArtCookie

One perspective that obviously has not been addressed is the abouse of nurses in the medical field. This abuse occurs coming from both families and patients. I suppose some (especially Wiredmama) might say that it is to be expected that sometimes nurses will be physically assulted or verbally insulted and humiliated. While I whole heartedly agree with Patient's Rights, I feel that the rights of nursing staff should be just as important. Does a person loose all their rights to safety and humility just because they became a nurse?
I have seen nurses spit on, kicked, punched, bit, clawed, grabbed in inappropriate places, and urinated on. I have witnessed nurses being humilited by sexual, racist, and degrading remarks as well as cursed at and called ludicrous names. If a patient is confused or otherwise mentally compromised I can understand, but more times than not this is coming from perople who are alert and oriented without any mental deficit. And what is a nurse supposed to do in response... state "that isn't appropriate" and calm the situation. Doesn't seem quite right to me... shouldn't the staff be treated with the same respect as the patient? Prehaps facilities should start enforcing nurse's rights as well as that of the patients.

cockynurse

ArtCookie:

I agree with you. I have had a knife pulled on me, a coworker has been stabbed, another coworker choked, and on numerous occasions we have been hit, bit, kicked, urinated on, etc., to the point of nurses receiving broken bones. If we pull away with force, we have now become the aggressor and are subject to criminal, professional, and civil punishment. BUT-we aren't supposed to call the police? Yeah, right. If you're my patient or a family member of a patient and you do this to me-bet your bottom I'm calling the police.

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