Perhaps the most unspeakable act that occurs in nursing homes, hospitals and other long-term care facilities involves the sexual abuse of patients. The sad fact is that every patient— young, old, male, female, disabled or able-bodied can be a victim of unwanted sexual contact—regardless of the facilities reputation.
Due to the fact that many people in nursing homes, hospital and assisted living facilities are in a weakened physical or emotional condition, they are particularly vulnerable to aggressive sexual acts by other residents, visitors or even staff. Many cases of sexual abuse never get reported to authorities due to a societal stigma with the issue. Nevertheless, research consistently tells us that those who seek medical and psychological help after an event position themselves for the best long-term recovery.
In the case of mentally and physically disabled patients whom have been sexually traumatized, specialized treatment may be necessary with professionals who are able to recognize the symptoms of sexual trauma.
Sexual abuse and assault cases during an admission to a nursing home or hospital, may expose the facility to liability for the act based on their failure to:
- Monitor patients
- Conduct pre-employment screening of staff
- Conduct criminal and sexual predator screening of new patients
- Allowing visitors unrestricted access to the other patients
- Failing to keep violent patients away from more vulnerable ones
We have successfully represented victims of sexual abuse against individual facilities, national corporations and state agencies in the following situations:
- Rape
- Sodomy
- Sexual assault
- Clergy abuse
- Sexual abuse of children, senior and disabled
- Molestation
Our experience handling sexual abuse and assault cases has enabled us to develop relationships with nationally recognized experts. Experts in the fields of sexual abuse can assist both in the treatment aspects of the individual and in substantiating damages. While some sexual abuse cases do require litigation, we are always mindful of the well-being of the victim and every effort is made to minimize the impact on the person. Some of our sexual abuse cases have been satisfactorily been resolved prior to the inception of litigation and in a confidential manner– further lessening the impact on the individual.
Related materials from Rosenfeld Injury Lawyers:
As if nursing home patients and their families didn’t have enough to worry about with respect to receiving proper medical care, many patients may be shocked to learn that they are living amongst registered sex offenders. While the component of sex offenders in nursing homes is nothing new, the fact remains that as a generation of sexual deviants ages— their need for skilled nursing care is expanding.
With few alternatives, many convicted felons— some of whom have particularly disturbing backgrounds are settling into long-term care facilities such as nursing homes and assisted living facilities. While their need for medical care is apparent, what is concerning is that on many occasions, these people are placed in facilities side-by-side with other patients– without any advance knowledge….
Concerned about their daughter’s health, the family of Violet Townsend immediately sought medical care for the 29-year-old woman when they noticed blood on the seat of her wheelchair while visiting her at Grande Oaks Nursing Home (Ohio). After receiving care at a nearby hospital, it was determined that Ms. Townsend’s injury was consistent with a sexual assault and tested positive for a STD.
What makes Ms. Townsend’s situation unique and her situation especially troubling is that a brain injury she sustained in 2006 has left her immobile and unable to communicate….
In a world full of crazy people, some have managed to infiltrate the world of nursing homes. While occurrences involving the sexual abuse of nursing home patients are certainly not a common place occurrence, the incidents do occur— yet too often they are brushed aside by nursing home staff whom may attempt to hide the incident out of embarrassment or perhaps at the request of nursing home management.
Regardless of the underlying reason, failing to report mistreatment of nursing home patients is unacceptable– and illegal. Laws applicable to nursing homes require facilities to: 1) protect patients from harm and 2) to report allegations of misconduct to appropriate state agencies….
The overwhelming majority of sex abuse cases involving nursing home patients go unreported to authorities and hence un-prosecuted according to a recent news story on the topic by WKYC, a Cleveland, OH television station.
In evaluating the sex abuse complaints made to the Ohio Department of health, the regulatory agency for nursing homes, just a handful of the 324 complaints made regarding rape and sexual abuse of patients in nursing homes and other long-term care facilities resulted in a conviction….
Like it or not, many of us will rely on skilled nursing facilities– commonly known as nursing homes– to provide us with the medical care that we may not be able to provide for ourselves at some point in our lives. Similarly, there is a sizable group of convicted felons who will require similar care for their needs. So where will they go?
In most jurisdictions, the answer is quite vague and generally simply ill-addressed as most states have not squarely addressed the issue. The result of this delay and denial is that many convicted felons— even those with particularly repulsive backgrounds— may be living side-by-side with your family member….
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About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
