Articles Posted in Sexual Abuse in Nursing Homes

In a shocking case that sounds as an alarm to families of Maryland nursing home residents as well as those throughout the country, police are investigating after a nursing home resident in a vegetative state gave birth on December 29 in Arizona. According to a recent news report, the woman was 29 years old and had been in a vegetative state and coma for over a decade after she had almost drowned, according to a news source. Staff at the facility reportedly did not realize the patient was pregnant until she went into labor.

Evidently, the company’s CEO resigned after heading the company for 28 years and police opened an investigation into the circumstances surrounding the pregnancy. The facility specializes in caring for individuals with intellectual disabilities. According to the Medicare website, the facility received a “below average” rating from health inspectors in 2017. The Centers for Medicare & Medicaid Services also gave the facility’s quality of care a rating of “much below average.”

The state’s Department of Health Services stated that it would conduct an inspection of the facility after the incident. Another incident at the facility was reported in 2013. At that time, a male staff member made sexually explicit remarks to patients, according to the Arizona Department of Health Services. Phoenix police are now conducting an investigation and collecting DNA from all male staff members at the facility. The family’s attorney stated that the family is “outraged, traumatized, and in shock by the abuse and neglect of their daughter” at the facility. The attorney also said that the baby was “born into a loving family and will be well cared for.”

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Maryland nursing home residents must consider whether their ability to sue a nursing home is limited by agreements that were signed at the time of their admission to the facility. This is because Maryland nursing home admission agreements often contain arbitration clauses, which may limit a party’s ability to bring a lawsuit in court.

Arbitration is a form of out-of-court resolution where an arbitrator, rather than a judge or jury, makes a final decision in the case. Many nursing homes routinely include arbitration agreements within their admission paperwork, as a way to avoid lengthy and costly litigation. In arbitration, the procedural rules are relaxed, and an arbitration decision is generally final, and cannot be appealed. Because of these factors, arbitration favors more sophisticated parties who frequently find themselves in court.

Resident Unable to Sue After Alleged Rape in Nursing Home

According to a recent news article, an 87-year-old nun said she was raped at night at her nursing home. She claimed that someone entered her room at night, pinned her down on the bed, and raped her.

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Nursing home residents have the right to reside in a safe facility free from abuse of all kinds. Abuse can take different forms, including sexual abuse, physical abuse, neglect or isolation, financial abuse and exploitation, and emotional abuse. Under Maryland Family Law Article § 14-101, abuse is defined as “the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.”

Maryland nursing homes have a responsibility to keep residents safe by taking steps to prevent abuse. Nursing homes must develop and implement written policies and procedures that prohibit the abuse and neglect of their residents. Nursing homes also cannot employ individuals who have been found guilty of abusing, neglecting or mistreating residents, and nursing homes are required to check the state’s nurse aide registry. In addition, nursing homes are required to investigate and report all allegations of abuse within 24 hours after discovery of any incident. Reports from investigations must be reported to Maryland’s Office of Health Care Qualify within five working days of the alleged violation.

Signs of abuse can be wide-ranging, but may include missing property, insufficient funds in bank accounts, unsanitary living conditions, bedsores, fear of a certain person, broken bones, unexplained injuries, and a history of repeated injuries.

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Perhaps no decision is more difficult to make than deciding whether a parent or other elderly loved one needs the professional care of a Maryland nursing home. While all family members would like to be able to care for their aging loved ones in the comfort of their own homes, given the advanced medical needs of many elderly family members, this is not a realistic option.

When it comes time to consider sending a loved one to be treated by a Maryland nursing home, there are many considerations. Most important, of course, is the reputation of the nursing home for providing a safe and respectful environment. While nursing homes as a whole may not enjoy a good reputation for the level of care they provide to residents, there are professional and caring Maryland nursing homes, so families should not accept any level of abuse or neglect, and they should report instances of either immediately.

Over the past few years, sexual abuse among nursing home residents has seen a dramatic increase, not just between staff members and residents, but between the residents themselves. According to a recent news report, it may be that the instances of abuse are not necessarily more frequent than they used to be but that family members and authorities have become more adept at spotting the abuse. In part, this is due to the increase of cameras in nursing homes.

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When selecting a nursing home for a loved one, there is only so much vetting that can be done. At some point, family members must place trust in a nursing home to provide their loved one with the care they need and deserve. All too often, however, residents of Maryland nursing homes end up suffering abuse or neglect at the hands of their caretakers.

Nursing home abuse can take a number of forms. Common instances of abuse involve a frustrated employee who takes their anger out on an innocent resident. However, in some cases, the allegations of abuse are even more disturbing. Indeed, sexual abuse in Maryland nursing homes appears to be far more common than most people understand.

Nursing homes and their employees are responsible to provide all residents with a certain level of care. While nursing home employees cannot be held liable for every adverse health event that occurs at their facility, when a patient is injured due to the negligent or intentional conduct of a nursing home employee, the injured party and their family may be entitled to financial compensation through a Maryland nursing home lawsuit. Sexual abuse certainly falls into this category.

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Maryland nursing home residents have the right to live in a safe environment, free from mistreatment. Abuse against residents can take many forms, including physical abuse, financial exploitation, sexual abuse, neglect, and psychological abuse. A nursing home is responsible for keeping its residents safe and free from abuse. Under federal regulations, a nursing home is required to have policies and procedures in place to prohibit abuse, neglect, and exploitation, to investigate and report all allegations of abuse, and to protect residents from mistreatment.

Different types of claims can be filed against nursing homes that fail to keep residents safe or when employees are responsible for abuse. For example, a nursing home may be liable in negligence and medical malpractice claims, as well as claims involving intentional abuse. In addition to being responsible for its staff members’ actions, a nursing home may also be responsible for failing to have adequate policies in place to prevent abuse and to report allegations of abuse.

Social Media Abuse Becoming More Common in Nursing Homes

According to one news source, a new form of abuse is become increasingly common across nursing homes. What is being called “social media abuse” involves staff members taking inappropriate videos or photos of patients in their care and posting them on social media. One news outlet that has been tracking incidents of social media abuse in recent years has documented 65 cases, but it believes this is only a small portion of these posts. Resident advocates generally believe nursing home abuse and neglect is underreported because many residents cannot report abuse due to their age or developmental impairments.

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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.

Determining Who Is Responsible in Cases of Resident-on-Resident Sexual Abuse

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.

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The family of a victim of nursing home abuse in Colorado has brought attention to the story of their loved one to raise public concern and awareness. The family also questions the effectiveness of the reporting policy of an area nursing facility after a 37-year-old employee was allowed to continue working at another nearby facility for months after he was accused of sexually abusing a volunteer.

According to a report recently published by an industry news source, a former nursing home employee reportedly sexually abused the daughter of another nursing home employee who was volunteering at the facility. This conduct was reported to the facility immediately after it had occurred. Later, the victim’s mother expressed concern that law enforcement and regulatory authorities were not contacted after the abuse was first reported. In response, the facility explained that it was not required to report allegations of abuse by employees against volunteers, only by employees against other employees or patients.

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A 50-year-old New York man has been charged with multiple felonies after authorities confirmed allegations that he sexually abused at least six disabled residents at a nursing home facility where he was employed. The charges were discussed in a recently published local news report, which stated that the man has been indicted on 33 felony charges based on the alleged abuse, which occurred over a six-month period in 2014 and 2015 at the nursing home where he was employed as a counselor to care for the residents.

The Alleged Perpetrator Used His Trusted Position to Abuse Several Patients

According to a summary of the allegations that is contained in the article, the defendant was employed as a counselor at the nursing facility in upstate New York and began abusing the residents in July 2014. The man’s victims were six residents of the facility who had all previously suffered traumatic brain injuries and were initially unable to report the repeated acts of abuse, some of which allegedly occurred while the victims were asleep or incapacitated. The defendant is said to have used his position as a counselor and caretaker to gain access to the residents and forcibly perform sexual acts on them. If the man is convicted of all of the charges brought against him, he could face 10 years in prison.

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The problem of sexual abuse committed against nursing home patients by employees or medical providers continues to surprise authorities and victims’ families, who often discover that a loved one has been victimized for an extended period of time before any action is taken. For various reasons, elderly victims in nursing homes are less likely than other victims to report sexual abuse to their families or authorities, and it may take an abuser being caught in the act for authorities to be notified. A New York nursing home employee recently pleaded guilty to abusing a 99-year-old nursing home resident in an act that was witnessed by another employee and may not have been reported otherwise.

After the Abuse Was Discovered, Criminal Charges Were Pursued by State Attorneys

According to a local news report discussing the criminal case proceedings, the perpetrator was a certified nursing assistant who was employed by the nursing home to provide care for the victim and other residents. The report states that on several dates in April 2016, the man placed one resident in a bathroom, while he abused his victim in the attached bedroom.

One of the acts of abuse was discovered by another nursing home employee who entered the bedroom. Authorities were subsequently notified, and they arrested the perpetrator, who admitted other instances of abuse and later pleaded guilty to an 11-count felony indictment filed on the matter.

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