LONGVIEW, TX – WHISPERING PINES LODGE

Based on observation, interview, and record review, the facility failed to ensure the right to be free from abuse was provided for 1 of 10 residents reviewed for abuse. (Resident #1)

The facility did not prevent Resident #1 from being sexually abused. Resident #1 alleged she was raped after she was found with a vaginal injury consistent with a sexual assault. Resident #1 was afraid and had a torn labia that required surgical repair. CNA B was the last known staff member to provide any care for Resident #1.

This was determined to be past non-compliance Immediate Jeopardy (IJ) due to the facility having implemented actions that corrected the non-compliance prior to the beginning of the survey. The past non-compliance existed from 5/13/19 to 5/14/19.

This failure could place other residents whom CNA B cared for at risk for sexual abuse and fear.

During an observation and interview on 5/16/19 at 2:08 p.m., Resident #1 was lying in a hospital bed. She had dark bruising to her left upper arm, and scratches to the bottom of her left breast. Resident #1 had limited mobility in both arms and the nail on the middle finger of her right hand was broken off at the quick. Resident #1 was able to say her name and consistently answered simple yes and no questions. Resident #1 said yes when asked if someone hurt her. Resident #1 looked terrified when asked how someone hurt her. Resident #1 said he (indistinct word) me  he (indistinct word) me .he (indistinct word) me. The resident did not indicate what the indistinct word was and did not answer further questions.

During an interview on 5/16/19 at 2:45 p.m., the gynecologist surgeon said she was called to the emergency room to evaluate Resident #1 because Resident #1 verbalized she was raped. The surgeon said she did not examine Resident #1 until she was in the operating room. The surgeon said she had to do a surgery to repair Resident #1’s labia. She said Resident #1 was wearing a blood saturated brief, and there was so much blood and active bleeding, she could not find Resident #1’s urethra without consulting a physician to assist her. The surgeon said specimens were collected as part of a rape kit to send to the state forensics department. The surgeon said Resident #1 was only able to answer yes and no questions and answered I don’t know to every question to identify an assailant. The surgeon said she could not tell if Resident #1 was penetrated because there were no lacerations in her vagina and the injuries were only to her labia. The surgeon said Resident #1’s injuries were consistent with a sexual assault, and said the resident also had scratch marks on her left breast. The surgeon said she did not feel the injury was self-inflicted because it was too deep, and the injury could not have been related to the removal of Resident #1’s catheter the night before. The surgeon said, someone had to have done something to her.