A Nursing Home Can Be Liable for a Resident’s Sexual Abuse
Nursing home residents can suffer from abuse in several ways, but none is more disturbing than sexual abuse. Families’ trust is violated when a nursing home fails to take the necessary steps to protect a resident from sexual abuse. Victims can suffer lasting trauma, shame, and fear, while families struggle with the aftermath of a sexual assault.
Satterley & Kelley, PLLC represents Kentucky nursing home residents who are abused and neglected. If your parent or loved one was sexually abused at their nursing home, contact us so we can find out what is happening and stop additional abuse. Call us today at (855) 385-9532.
What is Sexual Abuse?
Sexual abuse in nursing homes covers nonconsensual sexual contact, behavior, or exposure. It may include the following:
- Unwanted touching
- Sexual assault
- Coerced nudity
- Photographing residents without consent
- Sexual acts with individuals unable to consent due to cognitive impairment or physical disability
- Forcing a resident to view nudity or pornography
Those responsible could be the following:
- Employees
- Visitors
- Volunteers
- Contractors
- Fellow residents
Perpetrators are aware that residents are vulnerable and may take advantage of them. Sexual abuse of the elderly is not about sexual attraction or having sex. It’s to fulfill a deeply disturbed need to abuse and control another human being. The victim could be of the same or opposite sex.
Why Does Sexual Abuse Happen in Nursing Homes?
Nursing home residents are extremely vulnerable to sexual abuse. They may have the following:
- Dementia
- Severe physical limitations
- Difficulty communicating
- Psychiatric conditions
They may be easily manipulated or threatened into sexual acts or coerced into not reporting what’s happening. Some may be unable to clearly describe what happened, while others may feel shame, fear retaliation, or think they won’t be believed if they report the abuse.
Negligent management can make a bad situation worse by:
- Ignoring signs that a resident may have been sexually abused
- Not taking complaints of sexual abuse seriously
- Allowing those with histories of committing sexual abuse to live in the facility
- Not screening out job applicants who have been accused of sexually abusing others in the past
- Not supervising employees or residents sufficiently to prevent sexual abuse from happening
- Not sufficiently training employees on how to spot signs of sexual abuse and what to do if they suspect it
- Not getting the police involved when the situation warrants it
Residents of nursing homes that are understaffed, where employees can barely keep up with their work, may be more likely to suffer sexual abuse. The staff is too focused on other things to pick up on possible sexual abuse or take the needed steps to prevent it from happening.
Warning Signs of Sexual Abuse
Recognizing signs of sexual abuse can be difficult, especially if residents have cognitive challenges or cannot communicate clearly. Some red flags include the following:
- Unexplained bruising, bleeding, or genital injuries
- Contracting venereal diseases
- Sudden changes in behavior, anxiety, or withdrawal
- Fear of certain staff members or residents
- Torn or missing undergarments
- Desire to avoid bathing, dressing, or medical care
- Unexplained depression, panic attacks, or agitation
These are not issues to be taken lightly. It’s far better to take this seriously and find other explanations than to assume nothing is wrong.
What Should I Do If I Suspect a Nursing Home Resident Is Being Sexually Abused?
Family members and friends who suspect abuse should take immediate action. They should do the following:
- Document their concerns and the evidence they witness
- Get a medical evaluation
- Inform the facility’s management
- Contact Kentucky’s Cabinet for Health and Family Services’ Adult Protection Branch and the local police if you fear the person is in imminent danger of sexual abuse
- Call our office to learn about your legal rights and what should be done to protect your family member
Reporting suspicions early is critical to protect the victim from further abuse and others who may be at risk.
Who May Be Liable for Nursing Home Sexual Abuse?
Determining liability when nursing home sexual abuse occurs can be complex and requires a complete investigation. We would investigate what happened at the facility. Their management, state authorities, and the police may also investigate what happened, who was involved, and why it occurred.
Parties that could be held legally responsible and pay compensation for their acts or failures to act include the following:
- The individual who commits the abuse is primarily responsible. But intentional, criminal acts aren’t covered by insurance, and they probably lack the financial means to compensate the victim and your family adequately
- Facility ownership and management have a legal duty to protect residents from foreseeable harm, including sexual abuse. When abuse occurs, it is often the result of systemic failures such as poor hiring practices, insufficient staffing, inadequate supervision, failures to follow their own or government guidelines, or insufficient employee training
- A nursing home may use a third-party staffing agency to provide staff. The agency may be at least partially responsible if it fails to properly screen out a job candidate with a history of sexual abuse
Each case is unique. Possible liability can be determined after a thorough investigation into the abuse. The earlier you contact us the sooner we can start to find out what happened and take steps to protect your loved one from additional abuse.
Speak To a Nursing Home Abuse Lawyer Today
Satterley & Kelley, PLLC attorneys will fight for your loved one to obtain respectful care, compensation for their injuries, and accountability from those responsible for the abuse. To set up a free initial consultation with an experienced lawyer at our firm, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online.