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Kindred Tennessee Nursing Home Resident Suffers Assault

Published on May 7, 2014 at 4:39 pm in Nursing Home Abuse.

I recently wrote a blog on the Kindred Milwaukee nursing home, also known as Mount Carmel, shutting down. The facility closed as it faced multiple serious violations and fines levied at $400,000.

Kindred Healthcare, Inc. is a Louisville, Kentucky-based company that operates hundreds of nursing and rehabilitation centers throughout the country. This is not the first trouble spot for the company.

In a very disturbing story, an 89 year-old resident at a Kindred-operated nursing home in Tennessee was raped in June 2012. This is every resident and family’s worst nightmare and it came true. How could this happen?

The woman, who suffers severe dementia, told two family members that she had been raped by a man she did not know. The family reported this to a nurse. They transferred the resident to a hospital for a physical examination which provided enough evidence for the Police Department to open an investigation.

Although it appears that the criminal has still not been found, Knox News reports that regulators found the Kindred facility put its residents in danger by failing to prevent the sexual assault of a resident, improperly handling the crime after it happened, and then not making any changes to its security procedures.

Among other citations, the Health Department and the Centers for Medicare and Medicaid Services found the nursing home:

  • Failed to notify the resident’s doctor so she could be tested for STDs;
  • Failed to properly question the male staff;
  • Failed to provide proper counseling for the resident; and
  • Failed to review surveillance video.

The report states that the residence’s licensed clinical social worker did not initially believe the resident’s assertion that she’d been assaulted. The social worker wrote that the resident was “not reliable” and that the social worker did not believe a rape had occurred.

It was only after the rape kit came back positive that the facility agreed to take any action. And then they said they didn’t have the money to provide any increased security without compromising patient care.

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Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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