Nursing homes and assisted living facilities provide vital support to vulnerable elderly individuals, many of whom are dealing with both physical and cognitive limitations that prevent them from caring for their basic needs on their own. However, these facilities can only function properly if they are staffed by qualified and responsible employees who are supervised properly by facility administrators. Unfortunately, this is not the case at a shocking number of nursing homes nationwide.
While it is thankfully not endemic to every facility of this nature, sexual abuse in nursing homes is much more common than most people would like to think, and it can have devastating effects on both abused residents and the people who love them. If you or your family member were mistreated in this way at a nursing home, a sexual abuse attorney from Phillips Law Group can help you understand the situation and enforce your right to civil recovery.
Who Can Be Held Liable for Nursing Home Sexual Assault?
Of course, any individual nursing home employee who sexually assaults or otherwise abuses a resident can be held personally liable for their actions in both civil and criminal court. However, the owners and administrators of nursing home facilities also typically carry some legal liability for sexual assaults that occur on their property, either because they are “vicariously liable” for their employees’ misconduct or because they negligently failed to maintain sufficient hiring and training processes.
Furthermore, nursing homes may be liable for sexual abuse on their premises even if committed by someone who was not one of their employees—such as if one resident were to assault another resident because neither of them was supervised closely by staff members. During a free, no-obligation consultation, a qualified legal professional from Phillips Law Group can answer questions about who may be liable for a specific incident of sexual abuse and how best to hold them accountable for their actions.
Taking Action on a Family Member’s Behalf
If a nursing home resident is cognitively capable of representing themselves in court, they can file suit on their own behalf over sexual abuse they experienced from an employee or fellow resident of a nursing home. That said, many nursing home residents have severe cognitive disadvantages, which make them unable to enforce their legal rights alone. In those scenarios, it may fall to that resident’s close family members to file suit in their name.
If a family member of a nursing home resident files a sexual assault lawsuit on that resident’s behalf, the family member will be legally required to act solely in the resident’s best interests at every stage of the legal process, regardless of what will benefit them personally. There are also strictly enforced filing deadlines for claims like this, which can vary from state to state. Therefore, contacting a seasoned lawyer quickly after learning of nursing home sexual abuse can be key to achieving a favorable case result.
Contact a Nursing Home Abuse Attorney Who Can Help Sue Over Sexual Assault
Because nursing home residents are often dependent on the help of others to perform day-to-day tasks, they are unfortunately particularly vulnerable to various forms of abuse, including sexual assault. Even worse, many residents cannot effectively demand civil restitution—let alone criminal prosecution—on their own in response to this type of mistreatment.
Fortunately, you can be the ally your loved one needs to enforce their rights and protect them from further harm. A sexual abuse lawyer from Phillips Law Group can be your steadfast legal representative and provide support throughout that entire process. Call today to learn more about lawsuits over sexual abuse in nursing homes.
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