September 2, 2012

The Fairpark Healthcare Center nursing home in Maryville, Tennessee, which is owned by Kindred Healthcare Inc. (“Kindred”), has been fined $3,000 by the Tennessee Department of Health and is being fined $6,000 per day by the Centers for Medicare and Medicaid Services (“CMS”) for providing substandard quality of care and placing its residents in immediate jeopardy based on the results of an investigation of the 75-bed nursing home that was conducted between August 13 and August 20, 2012 that concluded that the nursing home failed to prevent the rape of an 89-year-old resident who suffered from severe dementia and also failed to change the security at the nursing home afterwards.

The severely demented resident had told her relatives on June 15, 2012 that she had been raped by a man that she did not know. The relative immediately reported the allegation of rape to a nurse at the nursing home, who examined the resident, called the on-call physician for the nursing home, and then transferred the 89-year-old woman to a local hospital emergency room for testing regarding the alleged rape.

The local police were contacted who began their investigation on June 16, 2012, which included interviewing the 89-year-old woman, her relatives, and the nursing home staff. It wasn’t until August 2, 2012 that the police advised the family and the nursing home that the rape kit from the hospital had found DNA from semen from an unknown person. The resident has been moved to another nursing home.

The investigation conducted by Tennessee’s Department of Health and CMS has faulted the nursing home for its failure to contact the resident’s physician so that she could be tested for sexually transmitted diseases; its failure to properly question its male employees; its failure to provide appropriate counseling for the resident; its failure to review surveillance video; and, its failure to increase its security efforts before August 7, 2012.

The report from the investigation also referenced the nursing home’s licensed clinical social worker as stating that the 89-year-old woman’s version of the rape was unreliable, that the social worker did not believe that a rape had occurred, and therefore counseling was not provided for the resident. The report further quoted Kindred’s Corporate Director of Clinical Services as having stated, “We felt our day-to-day procedures were enough. It wasn’t until we received news from the police department of the positive rape kit that we found out our procedures and security wasn’t enough.”

Kindred operates 226 nursing home/rehabilitation facilities in 28 states in the United States as well as 86 hospitals and 7 assisted-living facilities throughout the U.S.


Nursing homes are required to provide timely, appropriate, and required care and services to all of their residents at all times. That includes protecting them from being harmed by staff members, other residents, visitors, and others.

It is inexcusable for an unidentified male to have been able to enter the 89-year-old demented woman’s room unobserved, to be able to sexually assault her without being stopped, and to be able to commit the horrific criminal act without being identfied at the time of the rape or thereafter.

If you, a family member, or a loved one have been injured or abused while a resident of a nursing home in Tennessee or in another state in the United States, you should promptly consult with a local medical malpractice attorney (nursing home claim attorney) to inquire as to your possible right to be compensated for the injuries and damages sustained.

Click here to visit our website or call us toll-free at 800-295-3959 to be connected with medical malpractice lawyers (nursing home lawyers) in your state who may willing to investigate your possible nursing home claim for you and represent you with your claim, if appropriate.

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