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Metairie Sexual Abuse of the Elderly Lawyers
Our Metairie sexual abuse of the elderly attorneys are here to offer assistance today
Sexual assault of the elderly is a heinous crime. It’s important to hold the right people and entities responsible when your loved one suffers harm at the hands of another, more powerful person. At Garcia & Artigliere, our Metairie abuse of the elderly lawyers help you seek compensation for your injuries and losses. Call us today to schedule a consultation and find out how we can fight for you and your family.
Elder abuse attorney Stephen M. Garcia obtained $5.4 million dollars for an 87-year-old woman who was repeatedly sexually molested by the co-manager of a residential care facility. The co-manager had a long history of alleged sexual misconduct at the facility, but none of the incidents of elder abuse were reported to either Adult Protective Services or to the Department of Social Services. Upon discovery, the nursing home fired the co-manager and waited 8 days to report his actions to the police, giving him time to flee.
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What constitutes elder sexual abuse?
ElderAbuse.org defines elder sexual abuse as “any unwanted sexual contact with an older adult.” This abuse can take many forms, including:
- Unwanted touching, fondling, or sexual activity without the consent of the elderly person
- Forcing or pressuring an elderly person to participate in sexual activities against their will
- Taking advantage of an elderly person’s vulnerability for sexual purposes
- Forcing an elderly person to view sexually explicit content against their will
- Sexual harassment, including unwanted sexual comments, advances, or other behavior that creates a hostile environment for the elderly person
- Forced sexual penetration or assault on an elderly person
What are the signs of elder sexual abuse?
Some victims may be reluctant to report any sexual abuse due to shame, fear, or cognitive impairments. This can make identifying the signs difficult, but it is important to keep an eye out for certain issues. These can include:
- “Unexplained Sexually Transmitted Disease (STD) or infection
- Increased difficulty walking or sitting for a long time
- Bruising of the genitals or inner thighs
- Bleeding, irritation or pain of anus or genitals
- Pain when urinating or moving the bowels
- Bloody, stained or tattered undergarments”
You may also want to look for behavioral changes, including:
- Agitation and anxiety
- Withdrawal from family or social situations
- Fear of bathing or using the bathroom
- Changes in eating habits
- Suicide attempts
- Nightmares and other sleep disturbances
- Fear of specific people or places
- Refusal to discuss the issue with others
If you believe your loved one has been sexually assaulted, you can take action right now. Your first step should be contacting Louisiana’s Adult Protective Services. Adult Protective Services “is responsible for investigating reports and arranging for services to protect vulnerable adults ages 18-59 and emancipated minors who are at risk of abuse, neglect, exploitation or extortion. Then, contact the elder sexual abuse lawyers at Garcia & Artigliere in Metairie.
Who is liable for my Metairie elder sexual abuse claim?
Determining liability for elder sexual abuse can depend on a variety of factors. Here are some potential parties who could be liable in such cases:
- Caregivers or staff: If the abuse occurred in a nursing home, assisted living facility, or similar institution, the caregivers, nurses, aides, or other staff members responsible for the care of the elderly person could be liable if they perpetrated or failed to prevent the abuse.
- Facility owners/administrators: The owners or administrators of nursing homes or care facilities may be held liable for elder sexual abuse if they were negligent in hiring, training, or supervising staff, or if they failed to provide a safe environment for residents.
- Third parties: In some cases, the perpetrator of the abuse may not be an employee of a care facility but rather a visitor, contractor, or other third party. Depending on the circumstances, such individuals could also be held liable for their actions.
- Government agencies: If the abuse occurred in a facility that receives government funding or is regulated by government agencies, there may be additional avenues for legal recourse against the facility or the regulatory bodies responsible for oversight.
- Legal guardians or family members: In certain situations, if a legal guardian or family member is responsible for the care of the elderly person and they either directly perpetrated the abuse or failed to protect the elderly person from harm, they could be held liable.
It's important to consult with an experienced Metairie attorney who specializes in elder abuse cases to assess the specifics of your situation and determine the appropriate parties to hold accountable. They can provide guidance on your legal options and help you navigate the complex process of pursuing a claim for elder abuse.
What is the value of my Metairie elder sexual abuse claim?
There is no “one size fits all” value for an elder sexual abuse claim, as these cases can be complicated and depend on a variety of factors. However, all of the following can affect your claim:
- The cost of medical expenses, including medical treatment, therapy, counseling, and other healthcare expenses resulting from the abuse.
- Compensation for physical and emotional pain and suffering
- Damages for loss of enjoyment of life and loss of enjoyment of daily activities
- If applicable, loss of companionship and support provided by the elderly person
- In some cases, punitive damages may be awarded to punish the responsible party and deter future behavior
Other factors impacting the value of your claim may include the duration and severity of the abuse, as well as the strength of all available evidence.
It’s important to talk to an attorney with experience in these types of cases to assess the details of your specific claim. At Garcia & Artigliere, our Metairie elder sexual abuse attorneys work to secure justice and the compensation to which you are entitled.
Do you have a Metairie elder sexual abuse attorney near me?
Garcia & Artigliere has offices at 400 Poydras Street, Suite 2045, New Orleans, LA 70130. We can also arrange video calls or off-site visits if you are unable to travel due to your condition.
Our Metairie elder sexual abuse lawyers are here to help
Have you or someone you love been the victim of elder sexual abuse? Take action now by contacting the Metairie attorneys at Garcia & Artigliere. We are strong advocates for elder rights, and will fight tirelessly to secure compensation for the harm your loved one has suffered, representing their best interests every step of the way. Call our offices or contact us today to set up a free consultation with a skilled lawyer.