Nursing Home Abuse Lawyer Blog

My personal experience as a Missouri Nursing Home Lawyer is that far too many nursing home residents are overmedicated by those responsible for providing quality care. In my job I often meet with residents and their families in nursing homes. On some of those occasions, the residents simply could not wake up. Their eyes fluttered as though they were struggling to wake up and participate in the conversation happening around them. Sadly, the government has determined that my experience is not unique.

The U.S. Department of Health and Senior Services recently prepared a report entitled Medicare Atypical Antipsychotic Drug Claims For Elderly Nursing Home Residents that found that too many nursing home institutions failed to comply with regulations designed to prevent overmedication. It is well known that prescribing antipsychotic medication to elderly residents with dementia is potentially lethal, yet 88% of these individuals receive such prescriptions.

Family members must make certain that they know what medications their loved one is receiving. They must educate themselves on the medications and the proper dosages. They must regularly ask questions of the caregivers and insist upon answers. Family members must know what the possible side effects are and should closely monitor their loved one for any signs of side effects.

Why would a nursing home overmedicate a resident? First, to be fair to the nursing home industry, many times the overmedication is completely unintentional. Elderly residents are more much more susceptible to overmedication than are younger people. The second reason is an indictment of the nursing home industry. Overmedicated residents do complain and are, therefore, easier to care for with a reduced staff. Residents who ask to be taken to the restroom, or who need more water or need help walking down the hallway often require assistance from staff members. When a nursing home operates on reduced staff (as most nursing homes do) drugged residents are easier to manage than those who are alert and active.

If you are concerned about the care your loved one is receiving in a nursing home, call our St. Louis personal injury lawyer David Terry for a free consultation at 1-888-317-2525.

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.

Sharon Bailey, the Administrator of the Healdton Nursing Home in Oklahoma, was arrested for embezzling over $60,000 over the period of three years from the company that oversees the nursing home facility, Elmbrook Management Company. Bailey was released on November 11, 2009 and is scheduled to be in court on November 24, 2009. If convicted, she faces up to ten years in prison and a fine of up to $10,000.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Franklin D. Hughes, a former CNA at Bartlesville Care Center in Bartlesville, Oklahoma, has been charged with two counts of caretaker abuse and his bond has been set at $200,000.

Reportedly, the first incident of alleged mistreatment occurred between July 1 and August 8, 2008, when Hughes allegedly mistreated a 76 year old dementia resident. The victim's wife was visiting the man on August 8, 2008, when she learned of the abuse unexpectedly. Hughes was walking by the resident's room and the man told his wife that he hated Hughes. When asked why, the man told his wife that Hughes had been "hunching and kissing on him". According to an affidavit, the facility's Assistant Director of Nursing, Ronna Heatherly, was told that on August 8, 2008, Hughes had taken the man into the bathroom and while cleaning him, he began "hunching" him and "kissing him on the cheek and around his mouth".

On October 1, 2009, Hughes reportedly attempted to perform sex acts on an 83 year old resident suffering from dementia. The resident told both Ronna Heatherly and his pastor that Hughes asked if he could "get in bed with him, if he could kiss him" and "tried to have sex with me".

When questioned about the allegations, Hughes reportedly denied any inappropriate behavior, yet mentioned that a similar allegation against him had been made at the Nowata Nursing Center. Police contacted the Director of the Nowata Nursing Center, Dorothy Scott, who provided the police with a letter addressed to Hughes from the Oklahoma State Department of Health concerning a complaint a former resident, who also suffered from dementia, had made accusing Hughes of "touching" him. A second complaint at the same facility was made against Hughes on February 12, 2009, by a male resident who told facility staff that Hughes had "offered or asked to have sex with him" twice.

On November 5, 2009, Hughes admitted to inappropriate actions with two residents at Bartlesville Care Center and with the two residents at Nowata Nursing Center. He is scheduled to appear in court on November 20, 2009.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Jason Lynn Pearl

We discussed Jason Lynn Pearl and the abuse residents endured at his hands in a previous blog. Pearl was investigated in February 2009 after allegations of abuse were leveled against him. The ensuing investigation revealed that Pearl had made video recordings on his mobile phone of him abusing three residents and showed them to others prior to deleting them. The videos showed Pearl yelling at one resident and jerking the shirt of another.

Pearl pleaded guilty to the charges and has been sentenced to two years in prison, and three years suspended sentence. He is forbidden to care for older people and children and has to pay $1,150 in fines. He also has been ordered to undergo a mental health evaluation and an alcohol and drug evaluation with follow-up treatment.

Silver Lake Care Center, the facility where Pearl was employed, has since closed.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Cedar Crest Manor, a Lawton, Oklahoma nursing home facility, was recently cited for nearly thirty deficiencies by the Oklahoma State Department of Health. Four citations were assessed for substandard quality of care and one for placing a resident in immediate jeopardy. The immediate jeopardy citation involved a woman who fell continuously because the facility failed to take necessary precautions to protect her. Five facility workers agreed with the Department of Health alleging that the facility was as bad as the report, if not worse. The report listed brown and stained towels and linens, roaches, and rodents in some rooms. It also read, "Dried feces along the top of a shower hand rail, smeared on the shower chair, soap dispenser, and toilet paper holder." According to Sandra Brown, Cedar Crest Manor's Administrator, the facility was in compliance as of August 15, 2009 and was anticipating a resurvey. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at www.nursinghomejustice.com.

Diana Harris was a housekeeper at Cimarron Pointe Care Center in Mannford, Oklahoma. During her employ, she reportedly witnessed numerous instances of improper care at the facility.

After seeing a male resident sitting in his own waste for a long period of time, she reported the situation to her supervisor, the head nurse, and two nurse aides. The man had been sitting in waste so long that he had feces caked on his leg from hip to below his knee. The supervisor sprayed deodorant in the room to mask the smell and the aides decided to leave him for the next shift. Two and a half hours later, he was still sitting in his own waste.

A paralyzed elderly woman was left sitting in her own waste. Although paralyzed from the waist down, she managed to roll herself out of bed and into the hallway to get help. Allegedly, the nurses "just laughed" at her. In another instance, another female resident needed attention and, while her needs were brought to the attention of nursing staff, she was ignored. Sadly, she wrote a letter to her family saying goodbye, as she felt she would die from neglect. Another female resident, who was unable to sit up alone, was left on a shower bench and fell and hurt herself.

In her three months of employ at the facility, Ms. Harris reported all of these instances of neglect or abuse to facility staff, but allegedly was ignored. She decided to consult with her husband, Jerry, a retired private investigator known for exposing elder abuse. Once the facility staff learned of her plans, she was fired.

Ms. Harris filed suit against Cimarron Pointe Care Center and one of its contractors for wrongful termination. The petition alleges that "Ms. Harris was advised that the only basis for her termination was her reporting of the abuse. Ms. Harris had not done anything else to merit termination and no other basis for termination were discussed or even suggested." Ms. Harris is seeking compensation for lost wages, although punitive damages may be sought. According to her attorney, Derek Lawrence, "Her No. 1 concern is that the abuse and neglect needs to stop at the home. And to protect other employees, she wants to take a stand."

Cimarron Pointe Care Center is one of six nursing home facilities and one assisted living facility in which Eddie Martin has an ownership interest. Other facilities are Glenpool Health Care Center, Sequoyah Pointe LIving Center, Rolling Hills Care Center, Pleasant Springs Assisted Living Center, Shawn Manor, Silver Lake Care Center, and Coweta Manor Nursing Home. Several of the facilities in which he is involved have had severe problems. Cimarron Pointe is one of three of Martin's facilities that has lost federal money for new admissions in the past. An employee of Martin's Silver Lake Care Center in Bartlesville, Oklahoma, Jason Pearl, was arrested for felony abuse. Shawn Manor in Ponca City received an "F" rating from the state Health Department and will lose federal funding for new admissions on July 9 if the cited deficiencies are not corrected. If Shawn Manor fails to become compliant, federal funding will be completely terminated on October 9, 2009.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Care Living Center, located in Edmond, Oklahoma, has lost its certification and federal funding, resulting in more than twenty-four residents searching for a new home.

The Oklahoma State Department of Health cited the facility for immediate jeopardies on medical and nursing neglect in a recent inspection. Immediate jeopardy is a situation where state investigators believe that there is imminent danger involving the health, safety, and welfare of residents. Examples of the neglect discovered during the investigation include residents not being turned and/or cleaned. One resident had 17 pressure sores and was not receiving appropriate treatment as ordered by a doctor. Two residents wandered away and were found several blocks from the facility. Some residents were not fed or had not received assistance with meals to prevent weight loss. Other examples of immediate jeopardy were failure to monitor glucose levels, failure to monitor blood pressure, and failure to isolate residents with infectious diseases. Additionally, inspectors also determined that call lights were not being answered and staff members lacked training.

The termination date for federal funding is May 27, 2009. Residents affected will have 30 days to find new homes. The facility has 18 private pay residents that remain unaffected, but with the lack of federal funding, the owners may find it difficult to remain open.

The Terry law Firm is experienced in handling cases of nursing home abuse and neglect. Please call us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Today, everyone is aware of the seriousness of exposing children to sexual predators and most parents are diligent about checking state sexual offender websites for the locations of sex offenders living near their homes or schools. Has anyone ever thought to cross-check the addresses in the registries to see if any are living in local nursing homes? CBS4 I-Team in Florida did.

After performing an address cross-check and finding approximately 80 sex offenders living in Florida nursing homes (some of whom were court-ordered), CBS4 I-Team Investigator Michele Gillen visited nursing homes and group homes to verify these invidiuals were actually residents at the facilities. One 35 year old offender living at an adult home acknowledged his status and explained that his fellow residents were unaware of his status. He is one of two sex offenders living at that facility.

I-Team also visited The Pines nursing home in South Florida. There, the facility houses two sex offenders. I-Team met with the owner, Jules Ast, and Assistant Administrator Alyce Sica and they discussed the state of the art surveillance system the facility has in place. Both emphasized they are very careful about the type of offender allowed into the facility, as they are located within one block of an elementary school. The offender cannot have the ability to self-propel - they must have total assistance with movement. The sex offender residents are also not allowed to wander off on their own. Facililty staff are advised on the sexual offender status of the residents, but other residents are not informed. Assistant Administrator Alyce Sica actually went to the state ten years ago to encourage the state to create special housing for aging felons. "They need people who know how to deal with people who are dangerous," she said.

Wes Bledsoe, founder of A Perfect Cause, is aware of the problem. A Perfect Cause tracks sexual offenders and their crimes, some of whom can be seen on their website. Bledsoe says, "We are warehousing these offenders with disabled elderly people who can't protect themselves and can't tell what happened to them."

Florida residents can check Florida Sexual Offenders and Predators and Missouri residents can check Missouri Sex Offender Registry. For information on sexual predators in Illinois, click here. Like most states, sexual predator information for Arkansas, Texas, Oklahoma, Tennessee, and Pennsylvania can also be located online.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

State nursing homes should allow nursing home resident families to place "granny" cams in their rooms, according to David Prater, Oklahoma County District Attorney. "If they're above-board and fully staffed and take care of the residents, what do they have to hide?" Prater asked this question during a hearing concerning nursing homes at the state capitol on Thursday, April 30, 2009.

While some allege that "granny" cams are a violation of residents' privacy, it is a fact that "granny" cams have proven useful when confirming allegations of nursing home abuse or neglect.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at (888) 317-2525 or visit us at www.nursinghomejustice.com.

Amy Jordan was pulled over by Oklahoma City police after she made an illegal turn. Police found 26 grams of cocaine in her car that appeared to be packaged for distribution, as well as a large amount of money. Jordan, the Administrator of Hillcrest Nursing Center in Moore, Oklahoma, was arrested and her four year old son, who was also in the car, was taken into protective custody.

Jordan was fired from her position at Hillcrest Nursing Center and a new administrator has taken over.

Incidentally, Hillcrest Nursing Center is rated as a one-star facility, according to the new ratings system instituted by The Centers for Medicare and Medicaid, which indicates a well-below average facility. In addition to being a one-star facility, Hillcrest Nursing Center has also been tagged as a "Special Focus Facility" (SFF) by The Centers for Medicare and Medicaid. Special Focus Facilities (SFF) are nursing homes that have a history of persistent poor quality of care. These nursing homes have been selected for more frequent inspections and monitoring.

We discussed Silver Lake Care Center in Bartlesville, Oklahoma in our previous blog. Jason Pearl, a certified nursing assistant at the facility, was charged on March 26, 2009 with two felony counts of caretaker abuse and a misdemeanor charge of verbal abuse. He remains in jail and faces a hearing on May 21, 2009. We have now learned that state investigators cited Silver Lake Care Center of Bartlesville for failing to protect its residents from abuse - just one month before Pearl was arrested for felony abuse. In February 2009, state investigators cited the facility for failing to have an effective system "to screen for, prevent, identify, report, and investigate abuse". Shortly after the citation, an owner of the facility, Eddie Martin, notified residents that the facility would close and gave them 90 days to find new facilities. The last resident moved out on April 4, 2009. Silver Lake Care Center has had problems for years. The defunct facility faces multiple lawsuits for neglect and wrongful death, one of which alleges that a resident was physically assaulted by a facility employee. Most of the lawsuits are not yet resolved. A former Director of Nursing, Terri Conley, resigned her position at Silver Lake because she alleged that the facility was improperly managed and that there was not enough staff to care for the residents. She also said a regional administrator told staff that the facility was "in dire straits financially". Both Healthcare Services Group and NurseStat, LLC allegedly have unpaid bills in the amounts of $150,000 and $90,000 respectively. It is also alleged that Martin has also defaulted on the Silver Lake mortgage. Reportedly, the FHA mortgage on the property was last paid in November 2008. Eddie Martin has ownership interests in seven other Oklahoma nursing facilities, some of which also have problems. Those facilities are: Glenpool Health Care Center, Cimarron Pointe Care Center, Sequoyah Pointe Living Center, Rolling Hills Care Center, Coweta Manor Nursing Home, Pleasant Springs, and Shawn Manor Nursing Home. The Centers for Medicare and Medicaid has pulled funding for new admissions at Pleasant Springs, Glenpool Healthcare Center, and Cimarron Pointe Care Center within the past three years. The Coweta Manor Nursing Home has come close to closure multiple times and is currently under orders to clean up deficiencies by May 8 or face denial of federal payments.

Jason Lynn Pearl

Silver Lake Care Center in Bartlesville, Oklahoma is in the process of shutting down, but the closure wasn't soon enough to stop Jason Lynn Pearl from abusing residents. Pearl was charged on March 26, 2009 with two felony counts of caretaker abuse and one misdemeanor charge of verbal abuse.

On February 28, 2009, a resident's wife complained that she found a scratch on her husband. Her husband testified in a court affidavit that he repeatedly complained that Pearl removed his clothes and touched him inappropriately, spit in his face, and threatened to hurt him. Family members initially thought the man's complaints stemmed from his dementia, but when the scratch was discovered, they were forced to investigate the situation. The resident also had difficulty sleeping, was hard to calm down, and was fearful for his wife's safety at their home.

Police investigated the man's accusation and found that Pearl had videotaped three incidents involving Silver Lake residents on his cell phone and several witnesses had viewed the videos before Pearl erased them. The videos revealed Pearl yelling at one resident and jerking the shirt of another. Staff members reported that most patients involved were in a condition that they would not be able to capable of reporting abuse.

Bail is set at $100,000.

The Terry Law Firm is experienced in handling cases of nursing home abuse. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Eighty-two year old George Stanley Tollison's physician ordered nursing home supervision and 24 hour care. In response, his family placed him at Early Autumns Residential Care Facility. Based upon what they were told, he would be well-cared for and supervised at the facility. It appears now that he was rarely supervised and subsequently died.

The report from the Oklahoma State Department of Health stated that "the family said the owner/administrator misrepresented herself and her facility. 'I wanted 24 hour supervision to protect him...I wasn't aware they didn't have a nurse. I've never heard of residential care. I was told this was assisted living, a little more laid back than a nursing home.'" This is not the first time Early Autumns has been investigated for misleading the public about their level of care abilities. Allegedly, Early Autumns advertised itself as an assisted living center when it is not and there is not even a nurse on staff.

Reportedly, Mr. Tollison escaped the facility through a window on late on January 31, 2009 or early on February 1, 2009. According to an Early Autumns incident report, Mr. Tollison was found at approximately 9:45 a.m. on February 1, 2009, face down in a creek approximately 25 feet behind the facility. Rescue crews worked on Mr. Tollison for 30 minutes, with no success.

The Payne County Medical Examiner's Office states that while the official cause of death has not been revealed, probable cause of death is drowning.

The facility has been cited for six violations in the incident: failure to supervise, failure to follow physician's orders, failure to ensure qualified staff, failure to notify physician before withholding medication, and failure to notify physician or family when Mr. Tollison became disoriented.

At this time, there is no requirement for Oklahoma facilities to carry liability insurance, therefore, his family has little to no recourse in this tragedy.

Whispering Pines Nursing Center is no more. The facility relocated the final remaining residents but not all have permanent homes. Of the 128 residents, 25 were difficult to place due to mental health issues and four were temporarily placed in psychiatric hospitals for evaluations.

You might recall discussing this facility in previous blogs. Whispering Pines had its certification pulled due to numerous deficiencies uncovered by state health inspectors and lost its Medicare and Medicaid funding. There were many reported incidents at this facility, including:

- Allegations that an aide forced a patient into a shower with his clothing on;
- Multiple allegations that nursing home residents were assaulting each other;
- Allegations that abuse complaints were not properly investigated;
- Allegations that staff lacked training to deal with patients with mental health problems;
- Allegations that a social worker put patients at risk for contracting AIDS when failing to provide condoms to a sexually active HIV positive resident;
- Allegations that the Medical Director failed to ensure staff and residents were regularly tested for tuberculosis.

The investigation report was 370 pages and found 16 federal and 12 state deficiencies.

Wes Bledsoe of A Perfect Cause said, "They knew what was going on. The current employees and the former employees that called us said that they had gone to management time and time again." Dorya Huser, long-term care division chief for the state health agency, said, "Whispering Pines has chronic problems, and they're unable to provide us with any credible evidence that they could clear them up. We're looking out for the best interest of the people that live there and deserve a better standard of care."

We discussed the tragic situation involving Lester Pendergraft in our previous blog. Mr. Pendergraft, 93, was charged with one count of rape last week; he was accused of sexually assaulting a 67 year old resident of Grace Living Center on September 16, 2008.

Mr. Pendergraft passed away on Monday, March 2, 2009. Grace Living Center is under state scrutiny for its failure to properly investigate and report abuse and to consult with a resident's physician when there was an injury.

The facility did not notify the victim's daughter of the assault for over an hour and a half. Police were not notified until 9:00 a.m. - nearly two hours after the 7:10 a.m. attack. By then, facility staff had thrown away evidence and washed both the victim's bed linens and clothing and Mr. Pendergraft's clothing. The victim's physician was not notified until approximately 8:15 a.m. - 8:25 a.m.

There were warning signs about the potentially dangerous situation prior to it happening. Mr. Pendergraft had been entering the rooms of residents who could not call for help and a CNA reported that she had observed Mr. Pendergraft touch the leg of another resident dependent upon staff for assistance. That same day, Mr. Pendergraft was seen pulling up the shirt of yet another resident who was dependent upon staff for assistance.

This case is strikingly similar to a Missouri Case handled successfully by the Terry Law Firm, where an employee sexually assaulted two elderly women. In that case, the facility never called police. By the time family members called police, the residents had been bathed, their clothes washed, and the room scrubbed clean.

Ninety-four year old nursing home resident Lester Pendergraft was charged with rape by instrumentation in Oklahoma County District Court on February 26, 2009. He is accused of a September 2008 sexual assault on a sixty-seven year old female resident at Grace Living Center in Edmond, Oklahoma.

Two facilitiy aides caught Mr. Pendergraft in the room of the female resident and stopped the assault. The woman was shaking and crying and was aware of the assault. However, the incident was not reported to police or family members for two hours. By then, the woman had been bathed and her clothing put in the laundry. In a written statement, Grace Living Center officials said, "Grace Living Center Edmond takes the responsibility to protect all residents seriously. We discovered the incident and immediately took steps to provide for the safety and care of the residents; we reported the matter to the health department and police." Police, however, reportedly told health officials that the nursing home facility handled the situation quite poorly. The facility Administrator told police that he thought "the situation was being blown out of proportion".

The state Health Department investigated the facility and cited the facility for six federal violations.

The woman's daughter contacted Wes Bledsoe of A Perfect Cause for support. Mr. Bledsoe does not wish to see Mr. Pendergraft sent to prison if he's found guilty, but, rather, believes a conviction would serve as an alert to keep Mr. Pendergraft from being left alone with other vulnerable nursing home residents in the future.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

We discussed the alarming situation at Whispering Pines Nursing Center in our previous blog. You might recall that we previously discussed this facility when resident Carol Crow was assaulted. On July 11, 2008, Carol Crow was found with two black eyes and covered with bruises on her face, neck, and shoulders. Nursing home staff told Mrs. Crow's family that she had fallen in her room, but Mrs. Crow told her family an entirely different story. Mrs. Crow reported that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her.

That was just the beginning. Wes Bledsoe and A Perfect Cause, a nonprofit patient advocacy group, got involved. The group offered a $2,500 reward for information concerning the alleged assault of Carol Crow. The tips the group received led to a larger state investigation.

ALLEGATIONS

The ensuing state investigation uncovered multiple allegations:

- Allegations that an aide forced a patient into a shower with his clothing on;
- Multiple allegations that nursing home residents were assaulting each other;
- Allegations that abuse complaints were not properly investigated;
- Allegations that staff lacked training to deal with patients with mental health problems;
- Allegations that a social worker put patients at risk for contracting AIDS when failing to provide condoms to a sexually active HIV positive resident;
- Allegations that the Medical Director failed to ensure staff and residents were regularly tested for tuberculosis.

The investigation report was 370 pages and found 16 federal and 12 state deficiencies. The citations ultimately caused the facility to lose its federal funding, forcing it to close. As a result of the closure, 128 residents will have to relocate and 140 employees will lose their jobs.

Wes Bledsoe said, "They knew what was going on. The current employees and the former employees that called us said that they had gone to management time and time again." Dorya Huser, long-term care division chief for the state health agency, said, "Whispering Pines has chronic problems, and they're unable to provide us with any credible evidence that they could clear them up. We're looking out for the best interest of the people that live there and deserve a better standard of care."

Edward Lee Marshall

Edward Lee Marshall, a restorative aide at Southtown Nursing in Bixby, Oklahoma, was arrested and jailed on complaints of making a lewd proposal and sexual battery. He was held on $27,000 bond until he was released Saturday, January 10, 2008.

Marshall was giving a bath to a blind and mentally and physically handicapped male resident. During the bath, Marshall was allegedly using his hand to perform a sex act on the male resident. Another employee saw the incident and reported it.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Whispering Pines Nursing Center has been in the public eye lately. You might recall that we previously blogged about this facility when resident Carol Crow was assaulted. On July 11, 2008, Carol Crow was found with two black eyes and covered with bruises on her face, neck, and shoulders. Nursing home staff told Mrs. Crow's family that she had fallen in her room, but Mrs. Crow told her family an entirely different story. Mrs. Crow reported that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her.

The facility reported the incident to DHS, but officials from the Long Term Care Investigations Unit did not open an investigation. A complaint about the assault triggered an investigation by officials from the Oklahoma Health Department. The investigation revealed sixteen serious deficiencies, two of which were failing to fully investigate abuse allegations and endangering patients' health.

The Health Department is recommending that the facility not be allowed to accept any new Medicare and Medicaid patients until the deficiencies are corrected. If the facility is not in compliance within six months, Medicare and Medicaid payments could be halted. Federal regulators are being asked to fine the facility $3,000 per day until the deficiencies are corrected.

The new Administrator of Whispering Pines, Sue Horton, has only been on the job for three weeks and has yet to read the 370 page report about these serious deficiencies.