Imagining that a sexual predator has targeted your defenseless elderly loved one in their nursing home is utterly repulsive. Unfortunately, sexual abuse in nursing homes is not uncommon. CNN reported that the issue of elder abuse is more widespread than we would like to imagine, with the vulnerable raped and sexually abused in long-term facilities throughout the country.
According to the National Consumer Voice for Quality Long-Term Care, sexual predators often target nursing home residents with dementia or other cognitive issues, hoping to get away with their egregious acts and remain undetected.
It is important to remember that any type of abuse in the nursing home is illegal, including all forms of sexual abuse. If your loved one suffered from sexual abuse, help is available. A Baton Rouge sexual abuse lawyer could help you hold the nursing home and the perpetrator accountable for this egregious crime.
Contact Pintas & Mullins Law Firm today at (800) 842-6336 to determine whether you have a claim.
Detecting Sexual Abuse
Detecting sexual abuse of your loved one, especially if they have dementia or other cognitive impairments, can prove extremely challenging. However, getting a clear understanding of what counts as sexual abuse in a nursing home can help you spot it.
Examples of Sexual Abuse
Many forms of sexual abuse can take place. However, they all have in common that the victim has not given consent or cannot consent to any sexual acts and behaviors. Sexual abuse can include:
- Taking photographs or videos of a sexual nature
- Unwanted kissing
- Unwanted nudity
- Unwanted intimate touching
- Forcing a resident to observe masturbation or pornography
We tend to assume that nursing home employees perpetrate sexual abuse on residents. However, the perpetrator could be a visitor to the home, other residents, or third-party contractors.
Signs of Sexual Abuse
If your loved one either cannot or does not want to talk about what happened to them, and you suspect that they may have suffered from sexual abuse, you can look for some telltale physical signs:
- Problems with sitting or walking
- Bruises on genitals and breasts
- Bloody or torn underwear
- Genital bleeding
- A sexually transmitted disease
- Irritation of the genital or anal areas
Sexual abuse does not only leave marks on the body. You may also observe psychological effects such as:
- Withdrawal and isolation
- Panic attacks and anxiety
- Onset of depression
- Difficulty sleeping
It can break your heart to find out that your loved one suffered injuries from sexual abuse in the nursing home. However, the nursing home is responsible for keeping your loved one safe, and you could potentially hold the facility to account and recover compensation.
If you have detected any sexual abuse signs on your loved one, you should immediately report the abuse. You might also want to move your loved one out of the nursing home to keep them safe. Once your loved one is out of harm’s way, you can consult a Baton Rouge sexual abuse lawyer for legal advice. Call Pintas & Mullins Law Firm today to learn more.
Personal Injury and Wrongful Death Lawsuits
A sexual assault can dramatically affect an older adult’s physical and emotional health, possibly sending them into a downward spiral. In some cases, especially when the victim suffers extensive sexual abuse injuries, it could contribute to a resident’s untimely death.
If you can prove the nursing home’s responsibility for your loved one’s injuries arising from sexual abuse, you can potentially sue the home and recover damages in a personal injury or wrongful death lawsuit.
For a free legal consultation with a Sexual Abuse Lawyer serving Baton Rouge, call (800) 842-6336
Holding the Nursing Home Negligent
According to the National Center for Biotechnology Information (NCBI), various reports about nursing homes suggest “widespread and serious maltreatment of residents,” including abuse and neglect. The Louisiana Department of Health and Hospitals outlines the legal obligations that nursing homes have to ensure its residents live free from abuse and neglect and the tangible steps they must take to ensure residents’ safety.
Sexual abuse victims can prove a nursing home’s negligence if the facility:
- Remains understaffed for a lengthy period
- Hires unqualified staff
- Fails to perform background checks on new hires
- Fails to take appropriate security measures
- Fails to supervise residents and visitors adequately
Time Is of the Essence with Your Case
If you have any concerns or questions about your case and whether you could hold the nursing home to account for your loved one’s suffering, a Baton Rouge sexual abuse lawyer may be able to help. They can explain your legal rights and options to you.
However, timely action is crucial. Louisiana Revised Statutes (RS) §9:5628 generally gives plaintiffs just one year from the date of injury to file a lawsuit. The same timeframe applies to wrongful death lawsuits under Louisiana Civil Code (CC) §2315.2.
The sooner you act, the sooner a nursing home abuse attorney can gather evidence and obtain witness statements that can help prove your case. While no settlement or court award can erase the damage that sexual abuse causes your loved one, it can help you and them with recovery and healing.
Baton Rouge Sexual Abuse Lawyer Near Me (800) 842-6336
Call Pintas & Mullins Law Firm Now for Help
Sexual abuse and assault in nursing homes are some of the most shocking crimes involving our elderly citizens. We must make every effort to bring such cases to light and punish the perpetrators before they can keep committing their egregious and disgusting crimes.
The legal team at Pintas & Mullins Law Firm understands the delicacy involved with sexual abuse cases. We know how challenging it feels to stand up against the nursing home and your abuser. However, you and your loved one have a right to justice and compensation for your damages. You could potentially recover awards for medical expenses, out-of-pocket costs, pain and suffering, and much more.
A Baton Rouge sexual abuse lawyer will treat your case compassionately and confidentially. They can stand by your side every step of the way. Start answering your most pressing questions during a free consultation. To learn more about your case against a negligent nursing home, call our team today at (800) 842-6336.