Few people want to think a vulnerable loved one might be assaulted in a nursing home, but the fact is that abuse is a silent problem in many Illinois facilities. Some abuse consists of kicking or pinching residents, but some abuse is also sexual in nature. Statistics about the prevalence are sketchy, but CNN found nearly 400 allegations of sexual abuse in Illinois nursing homes from 2013 to 2017. Any sexual abuse is too much and simply unacceptable.
Sexual abuse is often difficult to uncover. Elderly or sick individuals in nursing homes might be too embarrassed to report abuse, or they could lack the cognitive ability to communicate with their families. Nonetheless, there are certain red flags which you should not overlook. Call Kennedy Watkins LLC to speak with a Chicago nursing home abuse lawyer.
Who Abuses Residents?
When elderly people live at home, they can be abused by anyone, including family members. In the nursing home context, however, sexual abuse typically committed by:
- Staff members, including nurses and aides
- Other residents
Sexual abuse can take many forms, including rape but also unwanted touching or groping, forced kissing, coerced nudity, or any other sexual activity. Even recording a resident nude and sharing the images could qualify as a type of sexual assault or harassment.
Red Flags of Sexual Abuse
Sexual abuse usually goes undetected because residents cannot tell anyone, or they are too afraid or embarrassed. Some residents might rationally believe a staff member will retaliate if they tell anyone, so the victim stays silent.
Family members should watch for some common red flags:
- Bruising or bleeding on the anus or genitals. Any bruising suggests violent contact.
- Sexually transmitted infections. A resident could be diagnosed with a common STI, such as chlamydia or crabs. This is incontrovertible proof of sexual assault.
- Dirty or torn underwear. The home might not throw the torn underwear away. If you find it stuffed in a bureau, then you should be suspicious of what happened.
- Childlike behavior. An adult who is being sexually assaulted might revert to childlike behavior as a defense mechanism. Think of sucking their thumb.
If you have suspicions, then don’t be afraid of speaking up. The nursing home will likely reflexively deny the allegations. Nonetheless, you have put management on notice.
One technique is to stop by the nursing home at odd hours. Staff members tend to assault residents when they don’t expect family to be around. By showing up unexpectedly, you could catch staff acting weirdly or even harassing your loved one.
When is a Nursing Home Liable for Sexual Assault?
The person who assaults or harasses your loved one is responsible for their actions. We can sue them. But sometimes the nursing home might also have legal liability for assault committed by either staff members or other residents in the nursing home.
- Negligent hiring. A nursing home could decline to run a background check for red flags, such as criminal convictions or allegations of sexual abuse. Or the nursing home might actually uncover these red flags but hire the person anyway.
- Failure to supervise. Nursing homes should supervise their employees and respond to complaints or concerns. A nursing home might simply look the other way and not follow up with complaints.
- Understaffing. Nursing homes are often pressed for staff. With too few people working, it is harder to keep track of all residents. Resident-on-resident sexual assault often happens because of chronic understaffing.
- Ignoring residents. Sometimes a resident will bravely speak up and report abuse. The nursing home could be liable if they simply ignored the resident’s complaints.
A nursing home owes important duties to its residents. When they fail to reasonably protect their safety, then the home is often on the hook for compensation. Our lawyers know how to obtain fair settlements and jury verdicts for clients.
How We Can Help Concerned Families
No one should ignore their suspicions that abuse is happening. Speak up. By calling our office, we can take forceful action to protect a loved one:
- Investigate what is happening inside the nursing home. We can demand to see patient files and the names of the people who care for your loved one.
- Communicate with nursing home management. The home should take seriously any complaints or suspicions about abuse. Something like a diagnosis for STI is clear proof abuse is happening inside the home.
- Request a medical evaluation. We can have your loved one evaluated to search for additional evidence of sexual assault.
- Move your loved one. To improve a resident’s safety, we might need to move them to a new home.
- Report the home to the state. Illinois can investigate a nursing home for abuse which happens on its premises. If one person is being sexually assaulted, then the odds are high other people are silently being victimized. The state can investigate and force changes or even shut a home down.
These are some of the important services we provide clients. We will also analyze if you can bring a civil claim against the nursing home.
Filing a Nursing Home Abuse Lawsuit
When a nursing home is liable for sexual abuse, they should pay compensation to the victim. That is only fair. Our legal team can review whether we have sufficient evidence of nursing home liability.
A civil lawsuit is a chance to receive compensation from the defendant. No amount of money can make up for sexual assault. But demanding compensation can defray the costs of medical care, and it provides a sense of closure for families.
A settlement could include damages for:
- Medical treatment to deal with the assault
- Psychological counseling
- Pain and suffering damages
- Punitive damages, if appropriate
The nursing home will likely defend itself by claiming they had no way of knowing the abuse was happening. We can usually request internal communications and documentation. This is one reason to speak up if you suspect abuse. Once on notice, nursing homes cannot stick their heads in the sand.
Consult an Experienced Chicago Nursing Home Abuse Lawyer Today
Sexual exploitation of vulnerable people is horrifying. But we cannot protect our loved ones by looking away. At Kennedy Watkins LLC, our firm is dedicated to protecting your loved ones. Contact us to schedule a consultation.