Former Assisted Living Worker Withdraws Plea in Abuse Case
A former worker at an assisted living facility has withdrawn her guilty plea in an elder abuse case. The former worker, Iindia Weatherly, had originally plead guilty to a fourth-degree felony in the death of an 87-year-old resident at her facility last summer. Weatherly will now stand trial, as she admits she was careless but denies intentionally injuring the victim.
The case stems from an incident last summer in which 87-year-old Donald Oliver fell to the ground and broke his hip. The resident died three weeks later from his injuries. The coroner's office ruled the death a homicide. Witnesses at the home claim Weatherly pushed a door open in Oliver's direction and then punched Oliver when he was on the ground. Though she originally plead guilty, Weatherly is now claiming that she and Oliver both pulled on opposite sides of the door at the same time, causing the door to swing open and knock Oliver to the ground.
This case illustrates an important issue for residents of nursing homes and assisted living facilities and their families: the difference between abuse and neglect. Abuse is willful actions on the part of staff members or administrators to cause harm to their residents. This is what Weatherly is being charged with, as the prosecutors and witnesses claim that Weatherly intentionally knocked Oliver to the ground and punched him. Neglect occurs when staff members and administrators are careless or do not follow proper regulations, leading to harm to their residents. In admitting she was careless, this is what Weatherly is claiming she committed.
Both abuse and neglect are serious problems that need to be combatted vigorously by nursing home and assisted living residents and their families. For example, in this case, though Weatherly is being punished for her actions, state regulators and the victim's family should take a close look at the conditions in the facility that allowed this to occur. Assisted living facilities are often more loosely regulated than nursing homes, so residents and their families need to pay even more attention to the conditions in the facility.
For more information on abuse and neglect in nursing homes and assisted living facilities, visit the Nursing Home Advocates.
Issues Discussed in this Post:
Assisted Living Center vs. Nursing Home Regulations
Taking My Wife from Mercey Gilbert Hospital to Chandler Desart Cove Rest Home was told that a Bed in the Rehab wing would be ready the next day she was given a bed in the Long term Wing and the bed had ONLY 1 side rail and was told that the bed could NOT be placed agenst the wall to prevent her from falling out of bed because she Travels when asleap.
so Thin pads were placed on each side of the bed with NOTHING to restrain her from falling out of bed.
I was told it was the Regulation that Prevented them from Placing the bed agenst the Wall.
This is so sad to hear about. Why should anything like this ever happen?