ATTORNEY NEWSLETTER
Nursing Home Director Charged
Allegedly Failed To Report Sexual Abuse
Two Residents Reportedly Assaulted By Same Aide
Intentional abuse in the form of sexual assault and rape or physical abuse and restraint is an increasing danger for nursing home residents. While all nursing home residents are at risk, female residents and dementia patients run a higher risk of sexual abuse. In general, women have a higher risk of sexual abuse than men. Residents with mental illnesses like Alzheimer’s are also at a high risk of sexual abuse because of their impaired memory and communication skills. Over 1000 nursing homes in the United States have been cited for sexual abuse over a recent three-year period. A 2017 CNN report found that nearly 100 of these facilities received multiple citations. Over 500 of the facilities were also cited for failing to investigate and report allegations of sexual abuse — or for not screening employees for past sex crimes. Covering up abuse of residents is sadly a recurring problem and too much abuse of residents goes unreported every year. If you have suspicions that an older loved in a nursing home has been abused or sexually assaulted or rape, do something about it. We represent nursing home residents subject to sexual assault in nursing homes and know how traumatic any kind of sexual assault, even short of the horror of rape, can be. If you have a loved one who has suffered injury due to abuse in a nursing home or care facility here in Santa Clara County or elsewhere in California, call Evans Law Firm, Inc. at 415-441-8669, and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
Allegations of Sexual Assault Of Facility Residents
One recent report regarding sexual assault in an assisted living facility shows how assault often is covered up by administrators and directors.[1] In the case, the former director of the assisted living facility has been charged for failing to report sexual abuse after two residents reported being sexually assaulted by a caregiver. The director was charged for failing to report the abuse which is alleged to have happened in October 2020, according to the District Attorney’s Office. According to police, the facility is linked to a string of sexual crimes committed by a man who previously worked as a caretaker at the facility. He is accused of sexually assaulting two elderly residents at the center. He faces charges for assault with intent to commit rape, kidnapping and lewd acts upon a dependent person. The family of one of the victims reported the attack to employees of the facility. Another victim came forward to report additional abuse. Investigators determined that employees of the facility reported the abuse to the facility’s administrative staff, but said the administrators did not report the crimes to law enforcement or adult protective services as required by law. Elder or dependent adult care custodians are among a handful of positions that are considered to be “mandated reporters,” meaning they are required by law to report instances of neglect or abuse. They are required to report the abuse as soon as possible to Adult Protective Services, but no later than two working days, the DA’s office said.
Spotting Signs of Neglect and Abuse
If you have a loved one in a nursing home or assisted care facility, visit as often as you can (still abiding by all safety precautions) and watch for signs of possible abuse or neglect:
- Abnormal or withdrawn behavior and unusual silence;
- Prolonged sleep or drowsiness;
- Fear of being touched.
- Indication of rape, sexual assault, or battery;
- Agitation especially when certain caregivers are present or caregivers who do not want the patient to be alone with others;
- Reluctance to speak when staff is nearby;
- Bedsores/pressure ulcers or other poor skin conditions;
- Bruises and scratch marks;
- Poor physical appearance or lack of cleanliness;
- Frequent infections;
- Falls;
- Injuries from wandering off unsupervised (known as elopement);
- Lack of equipment and supplies;
- Overmedication;
- Rapid weight loss;
- Dehydration;
- Unsanitary and unclean conditions, soiled bed linens and clothes;
How Evans Law Firm Can Help
If you spot any of these signs of abuse, do something about it. Report your suspicions to the facility administrator but also contact qualified counsel like Evans Law Firm. We can help you if you suspect any form of abuse. Act quickly whenever you suspect any kind of abuse or neglect as the time period to bring suits for these kinds of cases can be very short. There is no benefit to waiting. If a loved one has suffered injury as the result of abuse or neglect, we will pursue all available remedies from owners, administrators and staff. Awards may include economic and punitive damages and awards of attorneys’ fees and costs to you for bringing your suit.
Contact Us
Ingrid M. Evans and Evans Law Firm, Inc. represent victims of financial elder abuse and nursing home abuse here in Santa Clara County, in San Francisco and throughout California. Call Ingrid today at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid will pursue all available remedies for injured seniors including recovery of attorneys’ fees and expenses for bringing your lawsuit.
[1] Evans Law Firm, Inc. is not involved in the case in any way.
