Articles Posted in Sexual Abuse in Nursing Homes

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Genesis Healthcare, one of the largest nursing home groups in the country, is having a bad year.  This summer, the chain was ordered to pay $54 million to 5 whistleblowers who exposed fraudulent billing for keeping and treating patients who did not require hospice care.

Adding to the nursing home chain’s problems are criminal charges against a resident, with a concurrent civil case against the chain itself. In October of this year, 74 year old Francis Kinsey, a resident of Coventry Center Skilled Nursing and Rehabilitation in Rhode Island, was arrested for sexually assaulting an 80 year old female resident. An employee witnessed the assault and immediately notified authorities. After the resident’s arrest, it was discovered that he had a 5 year old pending charge for sexual molestation and was currently out on bail. That case had not been furthered because his heath prevented further legal action. The family of the 80 year old resident who was sexually assaulted has sued Coventry Center and Genesis Healthcare, arguing that a resident with a pending criminal charges for a sexual offense should not be able to live freely alongside others, particularly the elderly and vulnerable.

On November 16th, a Rhode Island judge declared Kinsey not fit to stand trial for the recent sexual assault. Mr. Kinsey’s health has now prevented him from facing charges on two sexual offenses for which he has been formally charged by police.

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Meadows Mennonite Retirement Community in Chenoa, Illinois, has been served with a lawsuit by the family of a deceased resident who was the victim of online photo shaming by an employee from the nursing home. The employee, believed to be Samantha Brown, was terminated when the facility was made aware that she, along with her then boyfriend, Michael Scurlock, had posted pictures of multiple residents in various states of undress while doing routine activities such as bathing, using the toilet, and sleeping. McLean County prosecutors are currently filing charges against the couple, after local police reviewed over 50,000 documents and records, including those from internet providers and Facebook. The graphic images were posted to Facebook earlier this year.

In March, the employee (identified in the lawsuit as Jane Doe but believed to be Samantha Brown, a former CNA) notified Meadows that the photos were posted online, including to the the nursing home’s own Facebook page. She told Meadows, IDPH, and police that she believed photos she and other Meadows employees had taken were stolen by her ex-boyfriend and shared online.

Nursing Home Failed to Report Illicit Photos to Authorities

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A female resident at Frankfort Terrace Nursing Center in Frankfort, Illinois is suing the for-profit facility for allowing a known sexual harasser to continue to freely wander the building, despite previous knowledge of his tendency to harass women.

The victim says that in August 2015, the offender, Roger Martin, showed her his genitals and used slang terms to tell her he was going to have sex with her. The victim says that she notified Frankfort Terrace’s Director of Nursing, who made no mention of the incident in Mr. Martin’s chart, nor made any attempt to investigate the incident.  The lawsuit alleges that the lack of follow through by the facility is especially egregious, given that the facility was aware of Mr. Martin’s past sexual harassment of other female residents.

Illinois Department of Public Health Investigation

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The National Adult Protective Services Association has shared findings from a study evaluating the differences between substantiated and unsubstantiated cases of sexual abuse in care facilities. The study, entitled Victim, Allegation, and Investigation Characteristics Associated with Substantiated Reports of Sexual Abuse of Adults in Residential Care, considered 410 reported cases of sexual abuse in New Hampshire, Oregon, Tennessee, Texas and Wisconsin that occurred over a 6 month period in 2005. Of the 410 cases, 72 (or 18%) were found to be substantiated by a state regulatory agency or a state Adult Protective Services (APS) agency. The study authors spent 3 years interviewing investigators from APS agencies, reviewing records from the Centers for Medicare and Medicaid Services (CMS), and evaluating themes and trends among the data they gathered.

The 72 substantiated cases shared several key characteristics:

  1. Sexual abuse cases were more likely to be substantiated if the reporting of the incident occurred within 3 days.