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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 Centers

Nursing Home Falls

Broken Hips/Fractures

Nursing Home Deaths

Abuse and Neglect

Assisted Living Center vs. Nursing Home Regulations

Barboka's brother, David, says that the injury occurred last Wednesday but was not reported by the staff until Thursday, causing his brother to spend the night sleeping with the dislocated shoulder.  The nursing home administrators said the injury occurred when Bryan Barboka became upset after going to bed and the staff had to restrain him.  David said he wonders why the staff would need to so severely restrain his brother since he was paralyzed. 

More information, including pictures of Barboka's injuries, are included in this report from Fox 35 Orlando:

The improper use of restraint is one of the most common causes of nursing home and assisted living facility abuse.  Restraint should only be used in extreme circumstances in order to prevent harm to the resident or others and staff should be properly trained on how to restrain residents.  For more information on the use of restraints, visit Solomon & Relihan's Nursing Home Advocates website.

Peter and Maria Lombardo were arrested after an investigation by Attorney General's Medicare Fraud Control Unit's Patient Abuse, Neglect, and Exploitation (PANE) Team.  The investigation found five elderly female residents living in substandard conditions.  Further investigations revealed that the home the residents were living in was not licensed by the state.  the Lombardos had one licensed facility, but were operating three other facilities without a license, including the one where the residents were found.  Operating an assisted living facility without a license is a third-degree felony in Florida, and the Lombardos each face up to 15 years in prison.

Making sure a facility is properly licensed is one of the most important elements of ensuring quality care at an assisted living facility, group home, or nursing home.  Licensed facilities must follow strict requirements regarding staffing, management of medication, and compliance with fire and safety codes.  Though being licensed does not guarantee that a facility will not commit abuse or neglect, a facility that is unlicensed should be considered extremely dangerous.

for more information on assisted living facilities and what to do if you believe a loved one is being abused or neglected, please visit the Nursing Home Advocates Assisted Living Centers Information page.

The study, as reported by BusinessWeek, found that people over 65 commit suicide at a rate of about 14 per 100,000, but people over 65 living in assisted living or long-term care facilities commit suicide at a rate of 19 per 100,000.  The researchers say that this link may be due to the fact that stressful or troubling events, such as the death of a spouse, illness, or decline in health, may have caused them to move to a facility.  In addition, the risk may be higher in the first year, due to the stress caused by relocation.

One factor that is not discussed in this article but must be considered is the role of the assisted living facilities and long-term care facilities themselves.  Abuse and neglect by staff members can worsen depression and lead to suicidal thoughts.  In addition, even if behavior by staff members is not contributing to a resident's suicidal thoughts, staff should look for warning signs of depression and attempt to help residents before they attempt to harm themselves. 

For more information on treating and preventing suicide in nursing home and assisted living residents, visit the Solomon & Relihan Nursing Home Advocates website.