Over the past several years there have been a number of reports of sexual assault occurring at North Carolina nursing homes and assisted living facilities. The assaults have been committed by employees and by strangers who entered facilities undetected.
In addition to criminal liability for the perpetrators, facilities who fail to enact reasonable measures to protect patients — who are often among the most vulnerable of our friends and loved ones — may face civil liability.
Nursing homes and skilled nursing facilities have a duty to adequately screen, hire and supervise their employees. Facilities have a duty to treat accusations of assault seriously, to report accusations to appropriate authorities. There must be adequate measures in place to protect patients from not only staff, but also all other people who have access to the patients. Unfortunately, it many cases, as you can see from the links above, this is not occurring.
Patients can recover damages for pain and suffering, emotional distress, medical expenses and other damages. Recoverable damages may include both compensatory damages and punitive damages.
You can read more about several of the cases below:
http://www.cnn.com/interactive/2017/02/health/nursing-home-aide-rape-charges/
http://myfox8.com/2017/09/06/man-accused-of-sexual-assault-at-two-nc-nursing-homes/
http://www.caswellmessenger.com/news/article_9c532fdc-4085-11e7-a51e-4b1fab76a538.html
The Greensboro Law Center is currently representing victims in cases like these. If you or a family member has been the victim of a sexual assault at North Carolina nursing home or assisted living facility, we would be happy to talk with you. We offer free, confidential, no-obligation consultations. Call us at (336) 478-6000.