Unfortunately, elderly patients in Miami nursing homes are often the victims of sexual assault or abuse. Physical and cognitive impairments render many residents vulnerable to abusers. Many times, the victims are unable to communicate to administrators or relatives what they are experiencing.
Elder sexual assault includes kissing, rape, explicit photography or video, and any unwarranted, uninvited, or coerced sexual touching. Any sexual contact between your relative and another person that takes place without their permission is illegal. If you believe your elderly relative is the victim of sexual abuse, contact our Miami lawyer for victims of sexual assaults in nursing homes. Contact Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 to schedule a free, confidential consultation today.
Sexual Assault and Abuse in Miami Nursing Homes
Sexual assault and abuse in Miami nursing homes is not limited to staff members or employees of the facility. Often, the assault is committed by another resident. Nursing homes and long-term care facilities have a legal obligation to provide a safe environment for their residents. If you believe the administration or staff at a nursing home where your relative resides neglected this duty call our Miami attorney today.
Holding a Miami Nursing Home Liable for Sexual Assault
Nursing homes can be held legally liable for sexually abused residents, especially if it can be shown that the administrators and staff neglected to maintain a proper level of care or vigilance to protect the elderly in their charge. Often, sexual assault will begin or continue because the staff or administration failed to recognize clear warning signs of the abuse.
A nursing home or long-term care facility is supposed to provide a safe environment for all of its residents. In order to maintain a standard level of care, trust, and safety, nursing homes must establish guidelines and protocols to help prevent sexual or assault or abuse. Some standard safeguards include keeping outer doors locked at night, background checks for both staff and residents, security clearance for all visitors to the facility, and regular supervision and checks on the residents.
Additionally, it is essential that nursing homes properly train staff to recognize and report incidents of assault. Healthcare providers and medical professionals are required by law to report suspected sexual abuse. If your relative was sexually abused and the nursing home was negligent in providing a safe environment, it could be liable for any injuries or harm your relative suffered.
Signs of Sexual Abuse in Miami Nursing Homes
An elderly nursing home resident might experience sudden behavioral changes if they are the victim of sexual assault. As a concerned relative, some of these changes to be aware of include:
- Sudden depression or sadness
- Withdrawing from family members or other residents
- Becoming easily agitated or angry
- Elevated anxiety or fear
Unfortunately, many of the behavioral changes listed above are symptomatic of other medical conditions such as Alzheimer’s or dementia. Therefore, as a concerned relative, it is also essential to be aware of the physical signs of potential sexual assault or abuse.
Along with the behavioral changes, there are usually physical signs that a resident of a Miami nursing home is being sexually abused. Some of the common physical signs include:
- Your relative is suffering from an unexplained sexually transmitted disease or infection
- Your relative has unusual and unexplained bruises or marks on their genital areas or breasts
- Your relative has unusual pain or bleeding in the anal or genital areas
- Your relative’s clothes, undergarments, or bedding are torn or are stained with blood
- Your relative has difficulty or experiences pain while sitting or walking
What to Do if Your Relative was Sexually Assaulted in a Miami Nursing Home
If you suspect your relative is the victim of sexual abuse in a Miami nursing home, you need to act quickly. First, you must remove your loved one from the facility and into a safe environment. You should ensure the victim has medical attention, letting their doctor know what you suspect so they can collect evidence while they conduct their examination.
Next, you should report your suspicions to the facility and Miami law enforcement. Once your loved one is in a safe place and received the necessary medical care, you should contact our Miami lawyer for sexual assault in nursing homes. Prosper Shaked is a compassionate attorney who will handle your case with the respect and sensitivity it deserves.
Damages in a Miami Nursing Home Sexual Assault Case
If your loved was a victim of sexual assault, you could sue for compensation for expenses or damages. Damages in a personal injury lawsuit can be economic or noneconomic.
Economic damages are usually easy to calculate, such as medical bills incurred due to the assault, required psychological or physical therapy costs, and the expense to change facilities.
Noneconomic damages are challenging to calculate as they are not simple out-of-pocket expenses—for example, pain and suffering or loss of enjoyment. Our experienced Miami attorney will thoroughly evaluate your case to determine a fair amount of compensation.
For a Free Consultation, Call Our Miami Lawyer for Victims of Sexual Assaults in a Nursing Home
Sexual assault is horrible, especially when the victim is an elderly and vulnerable resident of a nursing home. If you believe your elderly relative is the victim of abuse, contact our Miami lawyer for victims of sexual assaults in nursing homes. Contact Prosper Shaked at (305) 694-2676 to schedule a free, confidential consultation today.