Over the past decade, instances of resident-on-resident abuse in nursing homes have greatly increased. One of the most common forms of unwelcome resident-on-resident contact is sexual abuse. When a resident suffers sexual abuse while at a nursing home facility, various legal issues may arise.
There are two very important issues that must be determined early in a personal injury lawsuit alleging resident-on-resident sexual abuse. The first is whether the abuse was permitted to occur based on a lack of supervision at the nursing home. If so, the nursing home may be responsible under the legal theory of negligence. Generally speaking, nursing homes have a duty to care for and protect residents from certain harms, sexual abuse included. When a nursing home fails to provide a resident with adequate protection, the nursing home may be liable as a result.
The second important issue that must be resolved is whether a valid arbitration agreement has been signed by the resident or a member of the resident’s family. In many cases, nursing homes will claim that any case arising out of the care they provided to a resident must be settled through arbitration. Most often, arbitration clauses – which waive a party’s right to use the court system and require the case to be submitted to an arbitration panel – are in the nursing home pre-admission contract.