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Posted On: January 28, 2009 by Steven J. Malman

Wrongful Death Lawsuit and Criminal Charges Pending Against Nursing Home Worker who Allegedly “Slapped and Slugged” a 94-Year-Old Resident

A 48-year-old certified nursing home assistant who has been charged with a felony for allegedly punching an elderly nursing home resident in the mouth says the incident never happened. The resident, 94-year-old Vera Talbott, sustained injuries during the alleged 2007 nursing home assault incident. Karen S. Buck and Williamsburg Village nursing home deny that the incident occurred. Buck is scheduled to stand trial in April. In civil court, Talbott’s daughter, Jenette Sloan, is suing the Indiana nursing home and Buck for wrongful death allegedly caused by nursing home negligence.

Talbott was admitted to the nursing home after suffering a stroke. Sloan, who visited her mother daily, says that during one visit, she noticed that her mother’s face was red, she appeared to be drugged or nearly unconscious, and she wouldn’t touch her food.

Sloan says that at first, nursing home workers wouldn’t tell her what was wrong. After she left the facility, however, a nurse contacted her and told her that the nursing home was sending Sloan to the hospital because she had been hit by a nurse.

Sloan says a police officer told her that the nurse had slapped and slugged her mother a few times, which left the 94-year-old with facial bruises and a black eye. Sloan says that her mother had spit on the nurse because she had sores on her feet that hurt whenever anyone would put socks on them.

The alleged assault incident took place in June 2007. In September 2007, Talbott passed away. Her estate filed a wrongful death lawsuit alleging that the brutal beating she received from Buck, as well as the nursing home’s negligence resulted in physical ailments, health complications, and ultimately, her wrongful death.

According to the nursing home’s executive director, Ben Wells, an investigation by the state, the attorney general’s home, the ombudsmen, and police found that the allegations against Buck could not be substantiated and the prosecutor at first was not going to press charges. A felony battery charge, however, was filed against her in February 2008. Buck has pleaded not guilty. Wells says Buck has not worked at the Williamsburg Village nursing home since June 2007.

Patient Assault
Physical assault, sexual assault, verbal abuse, or emotional abuse of a nursing home patient by a nursing home worker is illegal and can be grounds for a nursing home abuse or wrongful death lawsuit.

Nursing home caregiver facing battery charge, The Star Press, January 25, 2009

Signs of Nursing Home Neglect, Elder Abuse Foundation

Related Web Resource:
National Center on Elder Abuse

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