Sexual abuse can cause physical and emotional harm to seniors. If you believe your aging family member is or was a victim of sexual abuse in their Los Angeles nursing home, act quickly to protect them.
You may be able to work with a Los Angeles sexual abuse lawyer from Pintas & Mullins Law Firm to identify the abuser or abusers, build a case, and hold the nursing home owners or administrators responsible for failing to protect your loved one. You could recover compensation on your loved one’s behalf.
Call us to speak with a member of our team about your potential Los Angeles sexual abuse nursing home case for free today.
Types of Sexual Abuse
Sexual assault comprises many types of actions. All types, however, hold one thing in common: They happen against the victim’s will or without their consent. Sexual assault also covers actions that occur when an individual is under the influence of drugs or alcohol, disabled, or below the age of consent in the state where the assault transpired.
The National Institute of Justice lists the following activities as forms of sexual assault when they happen in the above circumstances:
- Intentionally touching the victim’s genitals, breasts, groin, or anus
- Exposing the victim to exhibitionisms
- Exposing the victim to pornography
- Publicly displaying images taken of the victim in a “private context” or without their knowledge
These actions may or may not involve the use of actual force, weapons, threats of force, intimidation, coercion, or pressure.
Although in some states, sexual assault stops short of attempted rape or rape, other states use the terms interchangeably, and still others consider rape to be a form of sexual assault. In a situation of rape, the victim suffers nonconsensual penetration (vaginal, anal, or oral), either by objects or the perpetrator’s body parts. This type of assault involves physical force or threats of physical harm. Alternatively, the victim is considered a minor or was incapacitated at the time of the assault.
Research Shows Most Nursing Homes Do Not Handle Reports of Sexual Abuse Adequately
According to a 2015 literature review published in Nursing Research and Practice, most nursing homes do not respond in an adequate way to reports of sexual abuse of their residents. Unfortunately, these situations do occur. When the nursing home administration learns of sexual abuse perpetrated by a staff member or fellow resident, there are specific steps they need to take. This includes:
- Protecting the victim from further harm
- Getting medical care for the victim
- Documenting the occurrence
- Documenting any injuries
- Reporting sexual abuse by a staff member or cognizant resident to the proper authorities, including law enforcement
- Notifying the victim’s family
In many of the cases reviewed for the study, nursing homes either failed to report the abuse to authorities, or there was a significant delay in doing so. This is problematic in that it fails to protect the victim, puts other residents in danger of becoming victims, and does not hold the abuser accountable.
Sexual abuse in nursing homes often occurs alongside other types of abuse, including physical violence, verbal or emotional abuse, financial abuse, or neglect. It can take many forms. This may include:
- Unwanted physical contact
- Sexual assault or battery
- Forced or unnecessary nudity
- Exposing oneself
- Sexually explicit photography
- Showing the resident explicit images
Because many nursing home residents lack the mental cognizance to give consent to a sexual act, and because staff members are authority figures, there should never be sexual contact between a resident and a member of the nursing home staff. It is also important to note that both men and women can be victims of nursing home sexual abuse, although most abusers are men.
If you have a reason to believe your senior was a victim of sexual abuse or assault in their Los Angeles nursing home, reach out to Pintas & Mullins Law Firm and speak with a member of our team today.
The Nursing Home Should Pay If Your Loved One Endured Sexual Abuse in Their Facility
If your loved one experienced sexual assault or another type of sexual abuse in their Los Angeles nursing home, they did nothing to cause the attack. The fault for the abuse falls only on the abuser and the nursing home that failed to protect its residents from the abuser.
To this end, we believe your family should not have to shoulder the financial costs of getting your loved one the support and care they need. We believe the nursing home should pay for your family’s related expenses and losses, not you.
We will fight to build a case for compensation on your loved one’s behalf. When possible, we will negotiate a fair settlement based on your family’s expenses or represent your family at trial to seek a court award for your losses.
A Los Angeles sexual abuse lawyer from Pintas & Mullins Law Firm may be able to craft an argument to recover a settlement or award that includes:
- The cost of your loved one’s medical care related to the assault
- Mental health care, counseling, or other related costs
- Expenses from relocating your senior to another facility
- Out-of-pocket expenses
- Pain and suffering including their emotional suffering
- Other non-economic damages
Deadlines on Filing a Lawsuit May Depend on a Number of Factors
The state’s personal injury statute of limitations is two years, per Code of Civil Procedure §335. However, there are also other deadlines that may apply, as well as stipulations about when the clock begins ticking and when you can toll the statute of limitations. The rules can be complex, but the risk of losing the right to take action because you missed a deadline is real.
We encourage you to contact our nursing home abuse team from Pintas & Mullins Law Firm and let us determine the deadlines that likely apply in your case. If we believe you have a strong case against the nursing home and we can prove your loved one was a victim of sexual abuse in that facility, our Los Angeles sexual abuse lawyers may be able to recover an award on your loved one’s behalf.
Speak with a Member of the Pintas & Mullins Law Firm LA Nursing Home Abuse Team Today
At Pintas & Mullins Law Firm, our team believes no senior should ever have to endure sexual assault or abuse in their Los Angeles nursing home. Unfortunately, we also see that predators exist who take advantage of this vulnerable population, and nursing home administrators often fail to prevent it or turn a blind eye.
If your loved one suffered sexual abuse in their Southern California nursing home, our team may be able to hold the facility’s owners or administrators responsible. We can build a case and pursue an award at no out-of-pocket cost to your family. We take our fee from the nursing home’s settlement after the case concludes.
You can discuss your case with a member of the Pintas & Mullins Law Firm nursing home abuse team today by calling us. We review possible Los Angeles nursing home sexual abuse cases for free.