Although it may be difficult to comprehend, nursing home abuse is more common than most people think. In fact, thousands of nursing home residents report abuse or neglect each year. Many of these victims turn to the court system for justice. As experienced Maryland nursing home abuse attorneys, one of the most common questions we receive is, under what circumstances can a nursing home be held liable for an employee’s conduct?
A recent decision issued by a Virginia appellate court considers this exact question. According to the court’s opinion, a nursing assistant molested and raped an 85-year old nursing home resident. Before the case reached trial, the woman died from unrelated causes. However, the woman’s estate pursued a Virginia nursing home abuse case against the facility where the rape occurred.
The estate made several claims against the nursing home, including one that the nursing home was vicariously liable for the employee’s actions. Vicarious liability is a legal theory that allows for one party to be held responsible for another party’s actions. Personal injury plaintiffs often use the theory of vicarious liability to hold an at-fault party’s employer liable for their injuries. However, vicarious liability only applies when the defendant is acting within the scope of their employment.