The suspects, arrested on misdemeanor charges, were identified as Brayan Cortez and Jamie Montesa. They were caretakers at the Abington of Glenview nursing home, about 24 miles north of Chicago.
Two staff members at the Abington of Glenview nursing home have been immediately terminated following a video showing the staff members taunting a 91-year old woman diagnosed with dementia. The video was first viewed on the multimedia messaging app SnapChat and it showed the two caretakers waving a hospital gown at the elderly woman and making fun of her condition.
Margaret Collins, 91, suffers from dementia which causes her to have great anxiety and fear when exposed to various stimuli, gowns being one of them. The nursing home is located about 24 miles north of Chicago and has received heavy criticism for the actions of these staff members.
The Abington management should be on the hook as well, and all the liars who vouched for these two scums. Should be sued for $100M. All the liars should pay for restitution. Management did slow walk the resolution. 🔥— bobbytaruc (@bobbytaruc) August 10, 2019
The two caretakers have been identified as Brayan Cortez and Jamie Montesa. The nursing home has confirmed that both the employees had been immediately fired following the disclosure of this video, but that's not stopping Collins' family from suing the nursing home.
Collins' family said she has dementia and was known by workers at the Abington nursing home of Glenview to dislike hospital gowns. So needless to say, when the two caretakers taunted her fragile condition, Collins immediately appeared to be in distress, with her arms flailing as she pushed the gown away. "She's waving her arms because of one reason. She doesn't have the mobility to get away. That's the only option she has to protect herself," said Tom Collins, her son.
OMG! something is so wrong with people. So you mean to tell me not one supervisor made rounds to check on these patients? Disgusting. Close down that nursing home💯— Tired of being politically correct (@USBornNRaised) August 10, 2019
The main reason that the family is continuing this issue and opting to sue the nursing home is that they were outraged with the two caretakers who committed this disrespectful act ended up working for over a week at the place, even after the video was made known.
“They violate her safety, her privacy, and then they do a slow walk to correct the behavior?” the patient’s son, Tom Collins, asked Chicago’s WLS-TV. "You just can’t believe you’re seeing this," Joan Biebel, Collins' daughter said. "You think your mom is safe and now this is going on. You’re just trying to figure out what the heck is happening here."
Every medical professional knows this is abuse. Tormenting a patient is disgusting. They also know, or damn well should know, you don’t post photos or videos of patients. Period. #HIPAA— Joda Latour 👩⚕️🌊 (@jodalatour) August 11, 2019
Following the termination and subsequent arrest of Brayan Cortez and Jamie Montesa, Cortez told police the taunting of the patient was considered an “ongoing inside joke,”. The video was labeled “Margaret hates gowns,” with two laughing emojis added.
Margate Battersby Black, an attorney who is representing the elderly woman said that "It's abuse. They knew that she didn't like this and they persisted in doing it". Attorney Black filed a lawsuit this week on behalf of Margaret Collins. “Not only did she not get the care she needed, but she got bullied and taunted instead, they had two staff members who were in her room for the sole purpose of playing a sick game, really,” she said. John Perconti, another attorney for the family said that "Margaret's privacy was clearly violated. They had no right to have cell phones in there."
.@GlenviewVillage @GlenviewILPD When their trial comes up, we all need to remember their names: Brayan Cortez and Jamie Montesa #elderabuse #glenview #BrayanCortez #JamieMontesahttps://t.co/zgDYGMg9mD— Time Cutter Comic (@Time_Cutter) August 10, 2019
The lawsuit accused Abington of violating the Nursing Home Care Act, HIPAA (the Health Insurance Portability and Accountability Act of 1996), and state privacy laws. The Illinois Department of Public Health determined the Abington failed to implement its “abuse prevention policy,” resulting in Collins feeling “degradation and shame.”
Abington said in a statement, “Recently, two employees were immediately terminated when it was determined that they violated our standards and policies.”. The nursing home also added, "The privacy and dignity of our residents are of the utmost concern at the Abington.". According to the latest report, 91-year-old Collins is no longer living at the nursing home, but her family says the incident has left her with anxiety.