Anyone who puts an elderly loved one into a nursing home hopes that they will be safe and cared for with respect. Unfortunately, sexual abuse and misconduct is common in nursing facilities throughout the state.

If your loved one was the victim of sexual abuse in a Michigan nursing home, you are likely to be traumatized and overwhelmed. While no amount of compensation can undo what has happened, a civil lawsuit might help to provide some form of justice and allow you and your loved one to move on. By enlisting a determined and qualified lawyer, you could have a legal ally to answer your questions and guide you through the claims process.

How Abuse Happens

Sexual abuse by a nursing home staff member may occur due to a number of circumstances. First, the nursing home may fail to conduct a thorough background check of an employee before hiring the person to work at the facility. Because of this, there are many different types of employees that may be working at a facility—ranging from nursing aids to janitors—and the failure to properly screen employees for criminal backgrounds is fairly common.

Furthermore, a resident may be subject to abuse by other residents, especially in co-ed settings. No matter the circumstances, when a resident is sexually abused, a lawsuit may be filed against the nursing home on the basis of negligence.

Signs of Misconduct in Nursing Facilities

Nursing home residents who suffer sexual abuse often do not willingly report or talk about their experiences. There could be several reasons for this. For example, they may be confused and not realize what has happened, or they may be ashamed or afraid of getting into trouble.

Because of this, it is important that both staff and family members of the resident watch for signs of sexual abuse in Michigan nursing homes. This includes:

  • Sustaining a pelvic injury
  • Having problems walking or sitting
  • Developing a sexually-transmitted disease (STD)
  • Bruises of the genitals or inner thigh
  • Signs of Post-traumatic stress disorder (PTSD) or panic attacks
  • Symptoms of agitation
  • Social or emotional withdrawal from others
  • Suicide attempts

The Rights of Residents

Every nursing home resident is owed a certain standard of care, outlined within the Michigan Public Health Code. One of these right is to be free from abuse of any kind.

Therefore, when a resident is the victim of sexual abuse, the perpetrator has breached the duties granted to them. As a result, they could be deemed civilly liable. However, demonstrating that sexual abuse has occurred in a Michigan nursing home could be a complex process. As a result, retaining a determined and thorough lawyer for help might be essential.

Deadline for Filing a Claim

It is in the best interest of the nursing home resident and their family members to consult with a seasoned lawyer after any instance of abuse. Along with helping to compile and demonstrate the evidence needed for a claim, a qualified legal professional could also work with a potential claimant to take legal action that satisfies the statute of limitations.

Essentially, this is a two-year deadline for filing a claim against nursing home staff or another resident. While there might be exceptions to this rule, it is advisable that any legal action be taken promptly.

Retain an Attorney to Pursue a Claim for Sexual Abuse in Michigan Nursing Facilities

Sexual abuse and misconduct is a heinous violation of a person’s personal and emotional health, one that should always be prevented. When an elderly resident is the victim of sexual abuse in a Michigan nursing home, it is important for their family members to understand and exercise their legal rights on their behalf.

Instead of pursuing these claims alone, however, a tenacious attorney could work tirelessly to help with each step. Schedule a consultation with a legal professional at Buckfire & Buckfire, P.C. today.

Anyone who puts an elderly loved one into a nursing home hopes that they will be safe and cared for with respect. Unfortunately, sexual abuse and misconduct is common in nursing facilities throughout the state.

If your loved one was the victim of sexual abuse in a Michigan nursing home, you are likely to be traumatized and overwhelmed. While no amount of compensation can undo what has happened, a civil lawsuit might help to provide some form of justice and allow you and your loved one to move on. By enlisting a determined and qualified lawyer, you could have a legal ally to answer your questions and guide you through the claims process.

How Abuse Happens

Sexual abuse by a nursing home staff member may occur due to a number of circumstances. First, the nursing home may fail to conduct a thorough background check of an employee before hiring the person to work at the facility. Because of this, there are many different types of employees that may be working at a facility—ranging from nursing aids to janitors—and the failure to properly screen employees for criminal backgrounds is fairly common.

Furthermore, a resident may be subject to abuse by other residents, especially in co-ed settings. No matter the circumstances, when a resident is sexually abused, a lawsuit may be filed against the nursing home on the basis of negligence.

Signs of Misconduct in Nursing Facilities

Nursing home residents who suffer sexual abuse often do not willingly report or talk about their experiences. There could be several reasons for this. For example, they may be confused and not realize what has happened, or they may be ashamed or afraid of getting into trouble.

Because of this, it is important that both staff and family members of the resident watch for signs of sexual abuse in Michigan nursing homes. This includes:

  • Sustaining a pelvic injury
  • Having problems walking or sitting
  • Developing a sexually-transmitted disease (STD)
  • Bruises of the genitals or inner thigh
  • Signs of Post-traumatic stress disorder (PTSD) or panic attacks
  • Symptoms of agitation
  • Social or emotional withdrawal from others
  • Suicide attempts

The Rights of Residents

Every nursing home resident is owed a certain standard of care, outlined within the Michigan Public Health Code. One of these right is to be free from abuse of any kind.

Therefore, when a resident is the victim of sexual abuse, the perpetrator has breached the duties granted to them. As a result, they could be deemed civilly liable. However, demonstrating that sexual abuse has occurred in a Michigan nursing home could be a complex process. As a result, retaining a determined and thorough lawyer for help might be essential.

Deadline for Filing a Claim

It is in the best interest of the nursing home resident and their family members to consult with a seasoned lawyer after any instance of abuse. Along with helping to compile and demonstrate the evidence needed for a claim, a qualified legal professional could also work with a potential claimant to take legal action that satisfies the statute of limitations.

Essentially, this is a two-year deadline for filing a claim against nursing home staff or another resident. While there might be exceptions to this rule, it is advisable that any legal action be taken promptly.

Retain an Attorney to Pursue a Claim for Sexual Abuse in Michigan Nursing Facilities

Sexual abuse and misconduct is a heinous violation of a person’s personal and emotional health, one that should always be prevented. When an elderly resident is the victim of sexual abuse in a Michigan nursing home, it is important for their family members to understand and exercise their legal rights on their behalf.

Instead of pursuing these claims alone, however, a tenacious attorney could work tirelessly to help with each step. Schedule a consultation with a legal professional at Buckfire & Buckfire, P.C. today.

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