Sons sue nursing home over mother's death

BROOKSVILLE -- The sons of a woman who choked on a rubber glove and died at a Brooksville nursing home are suing for negligence and other claims in Hernando County Circuit Court.

Mildred Wathen, 82, was found dead Oct. 1 at Heron Pointe Health and Rehabilitation of Brooksville with a glove lodged in the back of her mouth.

A nursing assistant had placed gloves on Wathen's hands early that morning to prevent Wathen from scratching bedsores, according to a state report.

Wathen's sons Thomas and Robert Carter accuse the nursing home of neglecting Wathen and violating her rights as a resident of a nursing home in the lawsuit filed Feb. 13. They are seeking compensation for Wathen's pain and suffering.

The lawsuit said the nursing home failed to get a doctor's order before putting gloves on Wathen. It also alleges that the nursing home didn't properly train and supervise its staff.

Neither the nursing home administrator nor its attorney returned calls seeking comment Wednesday.

In October, the federal government's Center for Medicaid and Medicare cited Heron Pointe, fined it $70,000 and threatened it with the loss of its Medicare funding based on a state investigation that found conditions at the nursing home jeopardized lives.

"It was more convenient to grab a latex glove then to even consult someone over what the standard of care would be," said J. Christopher Robbins, the Memphis attorney who represents the Carters.

The lawsuit names Heron Pointe and the affiliated companies that manage or own it, including Eastbrooke Health Care Associates, Sea Crest Health Care Management, and Florida Health Properties.

-- Jennifer Liberto covers business and development in Hernando County and can be reached at 848-1434 or liberto@sptimes.com .

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