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Kentucky Nursing Home Sexual Abuse Lawyers
Strong advocacy when nursing homes fail to prevent sexual abuse of residents
Non-consensual sexual abuse of seniors is unconscionable. In addition to any physical harm, sexual abuse is very traumatic. Victims suffer anxiety, depression, loss of confidence, and loss of self-esteem. Many victims require psychological help. Some may never fully recover. At Garcia & Artigliere, our nursing home abuse lawyers work aggressively to hold nursing homes accountable for failing to prevent, investigate, and respond to sexual abuse. Our Kentucky nursing home sexual abuse lawyers demand that the responsible nursing homes pay significant damages to compensate your loved one and prevent sexual abuse of other residents.
In one case, founding partner Stephen M. Garcia obtained $5.4 million for an 87-year-old woman who suffered repeated sexual molestation by the co-manager of a residential care facility. The facility should have known of the co-manager’s long history of alleged sexual misconduct and reported the abuse to either Adult Protective Services or the Department of Social Services. By the time the facility reported the abuse to the police (after waiting eight days to fire the co-manager), the co-manager was able to flee.
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How can we help?
- When does sexual abuse of a nursing home resident occur in Kentucky?
- What are the signs of sexual abuse in nursing home residents?
- How do you hold nursing homes in Kentucky liable for sexual abuse?
- How much is a sexual abuse of a nursing home resident case worth in Kentucky?
- Do you have a Kentucky nursing home sexual abuse lawyer near me?
When does sexual abuse of a nursing home resident occur in Kentucky?
Sexual abuse occurs when a resident is subject to any type of nonconsensual or forceful sexual contact or conduct. This contact may include penetration and sexual interactions. Sexual abuse also includes sexual harassment – offensive discussions or images that involve sex.
The abuser can be male or female. The victim can be male or female. Many victims of sexual assault (and many abusers) in nursing homes have Alzheimer’s or dementia. Some victims are targeted because their age prevents them from defending themselves.
What are the signs of sexual abuse in nursing home residents?
Some of the signs of sexual abuse that should concern family members, friends, and the staff of the nursing home include:
- Pelvic injuries
- Difficulty sitting or walking
- Sexually transmitted infections (STIs)
- Torn, bloody, or stained clothing, including underwear
- Injuries to the genital areas
- Bleeding from sexual body parts
- Emotional trauma – including anger, anxiety, depression, signs of post-traumatic stress disorder (PTSD)
- Nonparticipation in nursing home activities
- An unwillingness to spend time with family and friends
- Unusual sexual activities
- Suicide attempts
The victims of sexual abuse in nursing homes will likely need to work with physicians and psychologists who can treat their physical and emotional trauma. Forensic specialists can help preserve evidence of sexual assaults.
Our Kentucky nursing home abuse lawyers work with professionals who can help your loved one report and talk about what happened and obtain the medical care they need.
How do you hold nursing homes in Kentucky liable for sexual abuse?
Often, the local police and prosecutors will file criminal charges against the sexual abuser. Our job is to help your loved one obtain a civil recovery – usually a settlement negotiation or a jury verdict. At Garcia & Artigliere, we file personal injury claims against nursing homes for failing to prevent the sexual abuse of your relative.
Nursing homes in Kentucky have a duty to implement policies and procedures to prevent sexual abuse. These policies should include identifying the people who may commit sexual abuse or be the victims of sexual abuse, training staff members to recognize the signs of sexual abuse, implementing a confidential sexual abuse reporting system, investigating sexual abuse, and disciplining the people responsible.
Nursing homes in Kentucky should understand that the people who commit sexual abuse may be staff members, visitors, contractors, and other residents. Those in leadership and staff positions in nursing homes should also understand that residents with dementia may commit sexual abuse and that residents with dementia may be the victims of sexual abuse. Victims of sexual abuse who have dementia generally cannot understand when sexual abuse is occurring and cannot remember enough to report the sexual abuse.
Our Kentucky nursing home sexual abuse lawyers:
- Work with the Kentucky ombudsman to report and investigate sexual abuse of nursing home residents
- Investigate how the abuse occurred
- Investigate what steps the nursing home should have taken to prevent the abuse or properly respond to the abuse
- Review if the nursing home had sexual abuse policies and procedures
- Review if the nursing home hired enough competent staff members
- Examine if the nursing home conducts sexual abuse education training
- Review how dementia is a factor in any sexual abuse
- Examine if the nursing home was sufficiently monitored so that residents would have protection from sexual abuse
- Examine whether the nursing home had sufficient security to prevent sexual abuse
- Review if and when the nursing home management was aware of the sexual abuse
- Review what steps the nursing home took to report the sexual abuse to local law enforcement
- Review what medical care your loved one received once the abuse was discovered.
At Garcia & Artigliere, we formally question everyone with knowledge of the sexual abuse and review the relevant records of the nursing home. Once we place a value on your loved one’s claim, we negotiate with the insurance companies for the nursing home. If there is no settlement, we argue your case in court before a judge and jury.
How much is a sexual abuse of a nursing home resident case worth in Kentucky?
Our Kentucky nursing home sexual abuse lawyers demand compensation for all your loved one’s current and future:
- Medical expenses, including emergency care, forensic sexual abuse counseling, hospital care, doctor visits, rehabilitative care, psychological counseling, medications, and other medical costs
- Physical pain and emotional suffering, including loss of life’s pleasure and loss of dignity
- Any other financial or personal damages
If the nursing home’s conduct was malicious, we may seek punitive damages.
Do you have a Kentucky nursing home sexual abuse lawyer near me?
Yes. We meet nursing home residents and family members at our offices in Lexington and Louisville.
If your trauma prevents you from coming to our office, we will make alternate arrangements to review your case, such as meeting you and your loved one at your home. Our lawyers also speak with clients by phone and through online forums like Zoom.
We’re here to answer your questions and guide you and your loved one through each step of the claims process.
Speak with our Kentucky nursing home sexual abuse attorneys today
Nobody should have the right to engage in sexual interactions without the consent of a resident. Many residents lack the cognitive ability to consent. Many residents cannot physically resist sexual advances. At Garcia & Artigliere, we help residents of nursing homes regain their mental and physical health and their dignity.
If your spouse, parent, grandparent, or any other close relative suffers sexual abuse in a Kentucky nursing home, call us or fill out our contact form to schedule a free, confidential consultation. Our lawyers represent nursing home residents and families in California, Louisiana, Arizona, and across the United States. We only receive compensation if the nursing home resident does.
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