Anyone who puts an elderly loved one into a nursing home expects that they will be safe and cared for with respect. Unfortunately, sexual abuse and misconduct is common in nursing facilities throughout Michigan.
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 sexual abuse happens in nursing homes
- Signs of sexual abuse in nursing facilities
- Nursing home sex abuse lawsuits
- Nursing home sexual abuse settlement example
How Sex 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 Sexual Assaults 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
Nursing Home Sex Abuse Lawsuits
Every nursing home resident is owed a certain standard of care under the Michigan Public Health Code.
When a resident is the victim of sexual abuse, the facility has violated their rights. As a result, it could be deemed civilly liable in a nursing home lawsuit.
Many legal theories are asserted against the nursing home, including:
- Failure to protect and supervise the harmed resident
- Failure to supervise other residents and separate male and female residents
- Ignoring warning signs of potential abuse
- Not supervising male staff members around female residents
- Improper hiring of staff members, including those with criminal histories
Lawsuits seek compensation for the abused resident. This includes both physical and psychological harm.
Michigan Nursing Home Sexual Abuse Settlement Example
A 72-year-old woman was a resident in the dementia unit of a nursing home. Over the course of a week, she complained of being harmed by a man. The staff did not take her complaint seriously.
The following week, a male staff member was found performing oral sex on a male resident. The police were called and he was interviewed. He admitted that he had non-consensual sex with the woman resident. He was arrested and pleaded guilty to the charges.
The victim’s family pursued a nursing home sex assault case. The case settled for a confidential amount.
Retain an Attorney for Sexual Abuse in Michigan Nursing Facilities
Call us today to speak with a top-rated nursing home abuse lawyer.
There is a two-year statute of limitations for filing nursing home lawsuits in Michigan. If you miss deadline, your claims will be barred forever.
Contact our experienced attorneys today. We will investigate the case and get started immediately.
There are no legal fees unless you get a settlement. And, we pay all case costs and expenses.
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