Nursing Home Abuse Lawyer Blog

When most people think of a nursing home, they envision a building full of elderly, bedridden people all of whom have multiple medical problems that need care around the clock. And, in a sense, they are right. Individuals that need 24/7 care would likely need the level of care that can be found in a skilled nursing facility which is what most people think of when they think of a nursing home. However, not everyone that needs help with their daily care requires the level of care provided at a skilled nursing facility. There are, in fact, different levels of long term care available to people who need some daily assistance but are not totally dependant upon others. For those who are looking for facilities to help their family members, this is welcome news.

Skilled Nursing Care v. Residential Care

Skilled Nursing Facility

Missouri has 1,146 long term care facilities. Of those, 495 are considered skilled nursing facilities while 471 are deemed residential care facilities. According to the Missouri Department of Health and Senior Services website, a skilled nursing facility is required to have a licensed nursing home administrator and is the kind of facility that provides 24 hour care for at least three severely compromised individuals. Of course, most nursing homes have far more than three patients, but the state of Missouri requires that the facility have at least three people for the facility to meet the definition of a skilled nursing facility. A skilled nursing facility may only provide skilled nursing care under the supervision of a registered professional nurse. Moreover, medication administration must be administered only after receiving a prescription by a licensed physician. Failure to comply with any of these requirements leaves the facility at risk for license revocation.

Residential Care Facility

Residential care facilities are divided into two categories; RCF 1 and RCF 2. An RCF 1 facility provides at least three individuals with room, board and care. These are individuals who do not need the skilled nursing care provided at nursing homes, but rather those who may need some additional supervision during a short term illness or for recuperation after an operation, a fall or similar event. Each resident must have the knowledge and physical ability to exit the building safely without the assistance of other individuals. No licensed nursing home administrator is required.

An RCF 2 facility provides additional assistance that is not provided by an RCF 1 facility, but still not to the level of a skilled nursing facility. To qualify as an RCF 2, the facility must provide 24-hour accommodation, board, and care to at least three individuals. Each individual will need or is provided with diet supervision, help with personal care as well as assistance with medication. Typically, this involves assistance with diets, personal care (i.e. getting dressed, grooming, bathing, etc...) and the use of medication. All assistance with health care must be done under the direction of a licensed physician. Like an RCF 1 facility, all residents must be able to make a path to safety without assistance. However, unlike an RCF 1 facility, a license nursing home administrator is required at an RCF 2 facility.

Continue reading "What Are The Different Kinds Of Nursing Homes In Missouri?" »

"I wish I had known what to do when I suspected abuse." As an Rockford nursing home negligence lawyer, this is just one of the many statements I hear when I meet with families members of a nursing home resident. Too often, those meetings take place after their loved one's funeral. There are way too many nursing home residents who are suffering from neglect and abuse at Illinois nursing homes. Many family members don't know how to look for abuse or neglect. Rarely, do family members know the signs and symptoms of malnutrition or dehydration. Sons don't feel comfortable checking their mothers for bedsores. And no one wants to believe that nursing home residents are commonly targes for sexual abuse by nursing home employees. Too often families are concerned about complaining too much for fear that their loved one will suffer retaliation by an overworked and underpaid staff.

After hearing so many of these concerns and answering many of the same questions, Rockford personal injury lawyer David Terry decided to write a book that is designed to help family members before and after their loved one becomes a nursing home resident. 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois is an easy to read book that will help family members as they face one of the most difficult decisions they will face. You will receive guidance on:

* What to look for when deciding the best nursing home for your loved one;

* What to do when you suspect abuse or neglect of your loved one;

* Key signs that abuse or neglect has occurred.

I also go into great detail about the business model many nursing home companies now use which is designed solely for the financial benefit of the owners. Nursing home owners will tell you that their number one priority is providing quality care for their residents. However, when you look at their corporate structure, you will see that they have created multiple corporate entities designed to take money from the nursing home (that could be used for patient care) and into the bank account of the owners. Many of these owners then claim that they do not have enough money to purchase liability insurance.

If you would like a FREE copy of 5 Things You Must Know About Nursing Home Abuse And Neglect In Illinois simply call the Terry Law Firm at 1-888-317-2525 or visit one of our websites: www.IllinoisNursingHomeAbuseBook.com.

A California class action lawsuit seeks to shed light on the lack of care given to nursing home residents by Golden Living Centers in California. The primary allegation is that Golden Living Centers systematically refused to follow the state mandated staffing regulations that require 3.2 hours of nursing care per patient per day. Rather, according to the allegations, Golden Living Centers staffed it's facilities at a lower per patient day amount resulting in neglected and injured residents.

Even though this is a California case, it has significant implications in Missouri as well. As a nursing home abuse lawyer I have handled several cases against Golden Living nursing homes and have seen first hand the lack of care that happens in these facilities. If the California case is successful, every single Golden Living facility will be under pressure to improve their staff to patient ratio, even in states like Missouri where there is no minimum staffing requirement.

Staffing is a key component in the care received by nursing home residents. I am regularly amazed at how many nursing homes refuse to admit that their staffing levels have a direct correlation to the number of injuries suffered by their residents. It doesn't take a rocket scientist to know that one CNA cannot provide adequate care for ten nursing home patients each of whom requires a substantial level of care.

Let's take a closer look at Missouri Golden Living Centers and how they compare with state and national averages with respect to staffing: According to statistics provided by Medicare, the national average for CNA care for nursing home residents is 2 hours and 24 minutes per patient per day. For Missouri nursing homes, that average is 2 hours and 30 minutes per patient per day. A review of some of the Golden Living Centers in Missouri shows few, if any, meet either the national or Missouri averages. Here is the staffing information for six Golden Living facilities in Missouri:

Golden Living Center - Bloomfield: 2 hours and 5 minutes of CNA care per patient per day.
Golden Living Center - Branson: 1 hour and 49 minutes of CNA care per patient per day.
Golden Living Center - Dexter: 2 hours and 23 minutes of CNA care per patient per day.
Golden Living Center - Pin Oaks: 1 hour and 50 minutes of CNA care per patient per day.
Golden Living Center - Westwood: 1 hour and 47 minutes of CNA care per patient per day.
Golden Living Center - Independence: 2 hours and 13 minutes of CNA care per patient per day.

Continue reading "Golden Living Centers Faces Class Action Lawsuit" »

The "prank" of two former employees of LaSalle Veterans Home has led to a lawsuit.

Thinking it would be a great practical joke on the following shift, facility employees Julie Payne and Cynthia Orlando reportedly thought it would be funny to insert a suppository into the rectum of a defenseless Alzheimer's resident on July 9, 2010. Orlando and Payne, a registered nurse and certified nurse's aide respectively, allegedly held down resident Kenneth Mahoney and inserted an unnecessary suppository into his rectum to produce a large bowel movement for the next nursing shift. After state police and the Illinois Department of Public Health investigated the incident, Payne and Orlando were charged with a Class A misdemeanor battery. The women face up to one year in jail and a $2,500 fine.

The family of Kenneth Mahoney filed a civil lawsuit against the women seeking in excess of $200,000. The suit reportedly accuses the women of inflicting emotional distress on Mahoney and alleges that Mahoney "has suffered and continues to suffer permanent injury". The suit further alleges that the Mahoney's nerves, nervous system, and mental faculties were severely injured and shocked from the incident and that he has become "sick, sore, lame, and disordered".

This is a disgusting and appalling case. In our opinion, these two employees should be facing far stiffer punishment than they are. There is nothing funny about assaulting anyone, much less an Alzheimer's patient who is among the more vulnerable people in our society. We wish the family of the resident well as they seek justice for their loved one.

Illinois Nursing Home Abuse Attorney David Terry is experienced in handling cases of nursing home abuse and neglect. If you suspect that a family member or friend is suffering abuse at the hands of "trusted" caregivers, contact the Terry Law Firm to schedule a free, no obligation consultation to investigate your options at 1-888-317-2525 or 314-878-9797.

Two New York Certified Nursing Assistants have been fired from their jobs at Northgate Health Care Facility after compromising residents under their care.

Alicia Clemens and Gloria Maxwell reportedly cared for a married couple who shared a room at the facility. According to a state health department report, the women brought a wheelchair-bound woman into the married couple's room and placed her in bed between the couple and tried to get the husband to inappropriately touch the woman. The husband, who is legally blind and suffers from dementia, touched the woman on the shoulder, who immediately told him to stop. Clemens reportedly took cell phone photographs of the couple in bed.

Clemens and Maxwell were fired after the April 14, 2010 incident. A third nursing assistant, Heather Whitcomb, and a certified nursing assistant trainee, Jaclyn Cannon, were also fired. Whitcomb and Cannon saw the abuse occurring and failed to report it to their supervisors.

Elderly nursing home residents are easy targets for sexual predators since they often are unable, due to physical or mental impairments, to ward off a sexual attack. Sadly, their impairments often prevent them from even reporting a sexual assault. Families with loved ones in nursing home facilities need to be aware that sexual assault does occur in nursing homes and should be prepared for both prevention and detection of sexual assault. If you have a family member or loved one in a nursing home facility, protect your loved one by:

• visiting your loved one at different times, including occasional visits in the middle of the night. Don't be predictable. Most sexual assaults occur at night.
• opening the door to your family member's room if it is closed when it shouldn't be; don't be afraid to "barge in".
• knowing the name and habits of all employees with access to your loved one.
• watching for evidence of other residents who may be sexually inappropriate.
• talking to the facility administrator about whether proper criminal background checks were accomplished on all staff members.

Illinois Nursing Home Abuse and Neglect Attorney David Terry is experienced in handling cases of nursing home sexual abuse. If you suspect that a family member or loved one in a nursing home facility may be the victim of sexual abuse at the hands of a facility staff member, contact David Terry for a FREE no-obligation consultation at 1-888-317-2525 or 314-878-9797.

To obtain a FREE copy David Terry's book, 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois, click here.

Many jurisdictions prohibit the use of hidden surveillance cameras ("granny cams") in nursing home resident rooms because of employee privacy rights. After reading the article and watching the video associated with this matter, I think granny cams should be installed in every resident room. After all, it is the resident's room.

According to an affidavit of probable cause, Paul French initially went to police in March 2011 to report suspected abuse of his seventy-eight year old mother-in-law, who suffers from severe dementia, while a resident of the Quadrangle Assisted Living Facililty. The woman told her daughter and son-in-law that she was being slapped and punched by facility staff. The victim's family reported the alleged abuse to facility administrators, who informed the family on March 14 that the allegations were unfounded and attributed her accusations to her dementia. But, her family wasn't so sure.

Five days later, visible bruising was found on the elderly woman's wrist and left hand. Rather, than report it to facility administration, the family photographed the injuries and installed a surveillance camera in the woman's room. The camera, disguised as a clock, vindicated the elderly woman three days later.

On March 31, 2011, the camera filmed three employees entering the woman's room as she was dressing. As the woman pulled a shirt over her head, Samirah Traynham, a facility employee was seen grabbing the shirt and putting her left hand under the shirt near the victim's face. Then, she was filmed hitting the woman in the face and head and shoving her onto her bed. Another employee danced around while holding onto the post of the woman's bed. The elderly woman repeatedly tried to escape her attackers. Every time, they pulled her back into her room while mocking and laughing at her while she stood naked from the waist up, trying to cover her breasts.

Paul and Mary French came to visit with her shortly after the attack and the woman was "overly upset and agitated". They took their suspicions to a certified nursing assistant, who confirmed three employees had entered the victim's room - against facility policy. That nursing assistant provided the names of the attackers to police.

Twenty-two year old Samirah Traynham and twenty-one year old Tyina Griffin have both been arrested and charged with aggravated and simple assault, neglect of a care dependent person, reckless endangerment, and harassment. A third "person of interest" is being sought and police expect more charges to be filed in the incident.

Sadly, abuse of defenseless elderly residents at the hands of nursing home employees is more common than you think. The Terry Law Firm has handled many cases involving nursing home abuse and neglect. Some signs to watch for if you suspect your loved one may be suffering abuse or neglect at the hands of nursing home facility staff are:

- Unexplained bruising or crying or other emotional outbursts
- Signs of depression
- Unexplained fear - often of just one individual
- Withdrawal from activities normally enjoyed
- Clinging to visitors or family members

Take time to listen to your loved one and watch their reactions. If you suspect that abuse or neglect may be occurring, contact Illinois and Missouri Nursing Home Abuse Attorney David Terry for a FREE, no-obligation consultation toll-free at 1-888-317-2525 or 314-878-9797.

An Illinois nursing home resident is in custody after allegedly sexually abusing a fellow resident.

Fifty-three year old Lindsey Dailey faces a charge of sexual battery after the April 1, 2011 incident. Reportedly, Lindsey entered the room of a female resident at Forrest Manor Nursing Home in Dewey, Illinois around 1:40 a.m. His victim reported to police that Dailey touched her inappropriately, exposed himself to her, and asked her for sexual favors. The victim alerted facility staff, who called police.

When questioned, Dailey denied any wrongdoing, "began cursing" at officers, and requested an attorney.

Daily appeared before Special Judge Kyra Franks Williams on April 1 and told the Judge that he previously had a brain aneurysm. His bond was set at $5,000 with the condition that Daily did not contact his alleged victim or the nursing home facility.

After reading about this tragic incident, Illinois Nursing Home Abuse Lawyer David Terry questions whether the alleged abuser in this incident had any previous history of sexual misconduct. Did the facility have any knowledge of previous incidents of this nature involving the accused or was this his first "attack"? Residents that demonstrate dangerous tendencies must be dealt with to protect the remaining residents. If a resident is known as a potential sexual threat to other residents, the nursing home must act to protect the other residents. If the facility fails to take reasonable steps to protect their residents from becoming victims of a sexual assault, it can be held liable for any injuries that may occur when a known or suspected threat becomes reality.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Contact David Terry toll-free at 1-888-317-2525 or 314-878-9797 for a FREE no-obligation consultation if you suspect that your loved one or family member may be experiencing sexual abuse at the hands of a nursing home resident or staff member.

A problem Chicago, Illinois area nursing home faces loss of funding and possible closure after reports of bloody fights and drug abuse occurring at the facility.

Wincrest Nursing Center, a nursing home primarily housing adults suffering from mental illness, has been a long-standing community problem. A 2009 Chicago Tribune article revealed that the facility failed to notify state officials that the facility was home to dozens of residents with felony records. In late February 2011, a 21 page report from the U.S. Center for Medicare and Medicaid Services was sent to the facility and its contents were not good.

Reportedly, the inspectors found that facility staff was poorly trained and failed to properly supervise dangerous residents or provide them with much needed psychiatric services "to prevent avoidable mental deterioration". It further reported that some facility residents were "often found in the facility intoxicated or under the influence of drugs" and other residents failed to receive prescribed psychotropic drugs.

A December 2010 report from the Illinois Department of Public Health reportedly found that a female facility resident was prostituting herself in the neighborhood and using the money to purchase crack cocaine. A male resident of the facility threatened another resident with a foot-long knife. While the knife was confiscated, inspectors later found another knife in the man's room in full view. According to the report, Wincrest's policy and procedure manual "was about 45 years old" and, amazingly enough, the facility Administrator, Narad Persadsingh, could not name the facility's Medical Director.

WIncrest has been slapped with more than $400,000 in federal and state fines since December 2010 and, as of February 9, 2011, faces an ongoing $10,000 per day fine. Wincrest faces loss of their Medicaid funding on March 20 if the "immediate jeopardy" citations are not properly corrected. As Wincrest depends on Medicaid for approximately 99% of its funding, cutoff of Medicaid funding will likely force Wincrest to shut its doors.

According to State Rep. Harry Osterman, "This action is long overdue. Wincrest has been a problem nursing home in our neighborhood for a number of years."

Three California nursing home aides face charges after a "sexual misconduct allegation alert" tipped off the Bureau of Medi-Cal Fraud and Elder Abuse as to problems at a nursing home facility.

In January 2011, acting on a tip, agents from the California Department of Justice arrested Arnold Samson, a CNA, and charged him with elder abuse and battery against a resident of a skilled nursing home. Reportedly, a fellow employee at Idylwood Care Center saw Samson grab the testicles of a male resident and making crude comments. The tipster reported that the same resident had complained in the past about his genitals being grabbed. Samson has since been fired from the facility.

In follow-up interviews, agents determined that Samson had been seen by other employees grabbing and pulling on the resident's genitals and threatening to touch him. The information led to the arrests of Ryan Tan and Richardo Martinez for reportedly having knowledge of the abuse and failing to report it. Tan allegedly admitted in an interview that he had seen Samson grabbing the man's genitals while he was sleeping just "to get a rise out of him". Both Tan and Martinez are also no longer employed at the facility.

There is a difference between abuse and neglect. This case is clearly a case of sexual and physical abuse. Actively and purposely harming a nursing home resident is abusive and criminal.

Although not handling this case, the Terry has handled cases involving sexual abuse of nursing home residents in the past. If you suspect that your loved one is suffering abuse at the hands of a nursing home caretaker, contact Missouri Nursing Home Abuse Attorney David Terr toll-free for a FREE no obligation consultation at 888-317-2525 or 314-878-9797.

A Colorado nursing home worker was terminated after two elderly women suffering from "cognitive deficits" were found with signs of possible sexual abuse following a December 1, 2010 incident.

The male worker was fired from The Elms Haven Care and Rehabilitation Center after two elderly female residents, one in her 80s and one in her 90s, were found with blood in the underwear. According to a report from the Colorado Department of Public Health and Environment, a rape kit was used following the alleged assault. It is not known if the man will face criminal charges.

Sexual abuse of elderly nursing home residents is a growing problem. There are several signs of sexual abuse you can look for with your loved one:

1. Increased anxiety, especially around a specific individual
2. Depression, sadness, or sullenness that didn't exist before
3. Pain or reddening in the genital area
4. Crying

If your loved one is demonstrating one or more of these characteristics, you should investigate the reasons why. As unpleasant as it is, you should investigate if they have been the victim of sexual abuse.

The Terry Law Firm is experienced in handling cases involving sexual abuse. If you suspect your loved one has suffered abuse at the hands of a nursing home employee, contact us toll-free at 1-888-317.2525 for a free consultation.

A recently released study by the Inspector General's Office of the Department of Health and Human Services revealed that, over the last two years, for-profit nursing home facilities have greatly increased the percentage of facility residents classified as needing the highest levels of care in order to collect larger Medicare payments.

The study, entitled "Questionable Billing by Skilled Nursing Facilities" found that from 2006 to 2008, the percentage of residents classified in the highest therapy groups jumped from 17 percent to 28 percent, despite little change in diagnoses or demographics. The result? A cost of an additional $5 billion cost to Medicare.

Costs incurred by individuals entering nursing homes after a hospitalization, which is paid for by Medicare Part A, are classified in a category known as a resource utilization groups (RUGs). The group the individuals are placed in is dependent upon how much therapy is needed and how much assistance with activities of daily living is required for the resident. The higher the RUG category, the more Medicare is required to pay.

For-profit nursing homes constitute more than 2/3 of nursing homes in the United States. Nearly 1/3 of residents in for-profit nursing homes were placed in the highest RUGs, while nonprofit facilities had 18% and government facilities had 13%. For-profit facilities were found to keep residents longer, up to 29 days opposed to 23 days at nonprofit facilities. According to the recently released report, "These billing patterns indicate that certain [skilled nursing facilities] may be routinely placing beneficiaries into higher paying RUGs...or keeping beneficiaries in Part A [stays] longer than necessary."

The Inspector General's Office made multiple recommendations to the Centers for Medicare and Medicaid Services for improvement and referred the 348 worst offenders to Medicare officials for action.

Robert Price

An Oregon nursing home resident reportedly was sexually assaulted by an employee of the facility. The resident, who is mentally incapacitated, was allegedly sexually assaulted at Valley West Health Care Center in Eugene, Oregon on December 22, 2010. Employees of Valley West Health Care Center notified local police, who arrested Robert Price, a facility employee. Price has pleaded not guilty to first degree sex abuse. He is schedule to appear in court on January 27, 2011.

Whether Mr. Price is guilty of sexually assaulting a resident or not, we don't yet know. What we do know is that far too many nursing home residents are victims of rape and sexual assault. Why? Because sexual predators recognize the elderly as easy targets due to physical and mental infirmities. Nursing home companies are often culpable by failing to adequately check the employee's background or failing to supervise employees. By reducing staffing levels so low they enable those who are prone to assault.

If your loved one has been sexually assaulted, call the police, call the state, and call an attorney.

A twenty-five year old Texas nursing home employee has been charged with the attempted sexual assault of a ninety-one year old female resident.

On November 24, 2010, Telesforo Vasquez, III , an employee of Castle Pines nursing home, reportedly exposed his genitals to the woman and ordered her to touch him. When she refused, he forced her down, injuring her hip and buttock area. He was arrested on December 1, 2010 on charges of injury to the elderly and attempted sexual assault. Each charge carries a maximum ten year sentence.

Vasquez remains in jail.

While not involved in this case, Missouri and Illinois nursing home abuse and neglect attorney David Terry has represented several nursing home residents who have been raped and sexually assaulted while in a nursing home. In his experience, when a nursing home employee rapes a resident, you can almost always find a lack of supervision by the nursing home Administrator, Director of Nursing, and other supervisors. A lack of funding for sufficient staff by the corporate parent is usually present as well.

To learn more about how to protect your loved ones who are in nursing homes, order a free copy of David's book "5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois" by calling our office at 1-888-317-2525.

A New York nursing assistant was arrested on November 20 for reportedly sexually abusing an elderly nursing home resident under his care.

Thirty-year-old Paul Scott was charged with sexual abuse in the first degree of a physically helpless person in the alleged sexual assault of a seventy-seven year-old female resident, who suffers from dementia. The alleged incident happened at Hawthorn Health Multicare Center and was reported by another employee.

Scott pleaded not guilty to the charges, posted $10,000 bail, and was released. He is due back in court on December 3, 2010. If convicted of the abuse charge, Scott faces up to seven years in prison.

Sexual abuse of nursing home residents is a growing problem. Family members should never assume their loved ones are immune to this type of assault. Every single one of the elderly residents I have represented who have been sexually assaulted in a nursing home never thought it would happen to them. It is a vile and cowardly crime. If your loved one is in a nursing home, you can make it less likely that they will be the victim of sexual abuse by following these simple steps:

1. Visit regularly.

2. Visit at different times - don't let employees learn your schedule.

3. Know the characteristics of other residents. If you believe your family member is at risk of assault by another resident, request that one be kept away from the other.

4. Regularly check your loved one for bruises or soreness in the groin area. This is always uncomfortable, but it may prevent your loved one from being chronically abused.

5. Ask the nursing home administrator if any residents or employees have been previously disciplined or had legal trouble related to sexually inappropriate behavior.

6. Be vigilant. If you believe your loved one has been victimized, complain to the appropriate people and make sure a thorough investigation is completed.

If necessary, contact a nursing home abuse and neglect attorney and ask for advice. Missouri and Illinois nursing home attorney David Terry regularly represents family members whose loved ones have been neglected or abused in a nursing home. For a free consultation, call us at 1-888-317-2525.

An Iowa nursing home facility was recently fined by the Iowa Department of Inspections and Appeals after it reportedly failed to protect its mentally disabled residents from repeated sexual abuse. The facility's owner was fined $6,000.

Abington on Grand, a nursing home facility located in Ames, Iowa, reportedly has had a history of health and safety violations. In fact, between 2005 and 2008, the facility was on the federal list of Special Focus Facilities. Special Focus Facilities are facilities that fail repeatedly to comply with state and federal nursing home guidelines and, as a result, are inspected twice a year to ensure compliance and improve performance. In the past, the facility was reportedly cited for hiring workers without conducting required background checks, residents eloped and were found wandering near the facility in traffic, and for having dead mice in the kitchen.

According to the Iowa Department of Inspections and Appeals, residents at the facility were recently subjected to repeated acts of sexual abuse and threats. One of the alleged perpetrators was a man whom the court ordered committed to the facility late last year. Facility records show repeated documentation where the man threatened to kill people or sexually assaulted residents. Staff reportedly told inspectors that the man committed sexual acts with other residents daily. In fact, one facility employee told inspectors that she saw the man engaged in sexual relations with another resident but was told by a charge nurse to "keep an eye on the two".

A female resident of the facility with a severe mental impairment also reportedly engaged in inappropriate sexual conduct with other residents. A facility employee reportedly saw her in a male resident's room engaged in sexual relations.

State inspectors reported that the facility documented instances of sexual abuse by marking a plus sign in the residents' files. According to a nurse employed by the facility owners, the company had no policy on dealing with "resident-on-resident behavior issues".

The facility is owned by American Healthcare Investment, a company with a history of resident care problems. The President and sole shareholder of the company is Brian Hoyle, who holds a stake in dozens of care facilities nationwide. According to Hoyle, "I'm just the owner. The company I have is just the owner of the real estate. We have nothing to do with the operation."

This detachment from reality is allowed because legislatures around the country have failed to prohibit the corporate spiderweb strategy employed by most nursing home companies. Owners create multiple corporate entities that effectively suck all money from the nursing home itself, leaving residents living at poorly funded facilities. Owners, meanwhile, are often cashing in and enjoy the same plausible deniability employed by Mr. Hoyle.

The Oklahoma State Department of Health has posted more than three million documents about nursing homes online for public viewing. The records can be searched using city, county, zip code, or facility name and can be located here on the Oklahoma State Department of Health website.

The ability to view these documents is crucial when attempting to make a decision on what facility would best suit your loved one. Keep in mind that utilizing this site is only one of several steps you should take when considering nursing home placement for your loved one. You should view the nursing home compare information located on the Medicare.gov website. Visit the prospective nursing home several times at different times and talk to a variety of people - both residents and staff members - to get a better idea of life at the facility. Then, schedule a tour with the Administrator of the facility and ask any questions you might have.

A 51 year-old janitor at a Michigan nursing home was arrested recently after a coworker found him in a 84 year-old female resident's room, exposing himself.

The janitor, who worked at MediLodge Nursing Home in Rochester Hills, Michigan, was found in a resident's room facing the resident with his pants down on Monday, October 18, 2010. The resident was fully clothed and sitting in her wheelchair. The affected resident was unable to vocalize the problem, however, the nurse's assistant who found the janitor in the woman's room said that she could tell by the resident's facial expression and eyes that something was wrong. "To see the look on her face tore me apart..depressed, upset. She wasn't able to vocalize it."

Despite the janitor's pleas not to report him, the nurse's assistant who witnessed the incident immediately reported the man to a supervisor. Police arrived shortly thereafter to remove to take him into custody.

According to investigators, there is a possibility of two other similar incidents involving the janitor. His victims in those alleged incidents? A 94 year-old resident and a 69 year-old resident.

While not involved in this particular case, the Terry Law Firm has handled numerous cases of sexual assault against nursing home residents. If you are concerned that your loved one has been the victim of a sexual assault in a nursing home, call us at 1-888-317-2525 for a free consultation.

A Texas nursing home caregiver was recently arrested for a September 2010 sexual assault of a nursing home resident in Pflugerville, Texas.

Mario Rojas Lara was charged with aggravated sexual assault and forgery. According to authorities, Rojas reportedly used false documentation during the April 2010 hiring process at Pflugerville Nursing Home and Rehabilitation Center. In fact, authorities are not sure of Lara's true identity. Officials are working with Homeland Security and Immigration and Customs Enforcement to learn Lara's true identity.

Reportedly, in September 2010, Lara assaulted a nursing home resident who was not a senior. He was terminated later that month in an unrelated matter.

The 94 year-old victim of a 2002 nursing home rape and beating will finally get justice after a 43 year-old illegal immigrant pleaded guilty to the vicious crime.

The 2002 rape and beating of the 94 year old nursing home resident initially seemed solved with the arrest of an 18 year-old man. The man confessed to the crime but was later exonerated by DNA evidence.

Roberto Recendes was convicted of domestic violence charges in 2004 in a separate case. A sample of his DNA was taken prior to his deportation back to Mexico. Later, his DNA was proven to be at the nursing home rape crime scene.

Recendes was returned to the United States in 2008 to face charges for his crime. At his December 2009 hearing, his hair was proven to be found on a blanket belonging to the victim. A necklace he wore was also found at the crime scene.

Recendes pleaded guilty to one count of sexual penetration by force, one count of elder abuse and to an enhancement of inflicting great bodily injury. He is expected to be sentenced to 17 years in prison on December 9, 2010.

Sadly, the victim has since passed away and will not personally see justice delivered. It is good to see, though, that law enforcement continued to pursue her attacker even after her death.

As if Brianna Broitzman and Ashton Larson didn't have enough problems after being charged with sexually assaulting and spitting on defenseless nursing home residents at the Good Samaritan Society nursing home facility in Albert Lea, Minnesota, now they face problems due to their friendship on Facebook.

We previously blogged about Broitzman and Larson. The girls are accused of abusing defenseless nursing home residents by spitting in a resident's mouth, groping genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

After the girls were charged, they were not to be in contact with each other. In fact, Broitzman posed a $6,000 bond with conditions that included "no contact with co-defendants". Apparently, being friends on Facebook is considered "no contact" by the girls. Now, the police department has to decide whether the girls have contacted each other or if they are just viewing each other's sites.