Long-term care facilities are expected to provide a safe and respectful environment. When they fail to do so, legal action may be necessary to protect vulnerable residents. If you or a loved one were sexually abused in a nursing home, a Los Angeles nursing home sexual abuse lawyer can help.
At Arias Sanguinetti, our legal team is committed to fighting for survivors and holding perpetrators and the institutions that enable them accountable.
We have been serving the community for over four decades and have recovered more than $1.5 billion for our clients. Contact us today to schedule a free case review with a Los Angeles sexual abuse lawyer.
Understanding Sexual Abuse in Nursing Homes
Sexual abuse in nursing homes refers to any non-consensual sexual contact or behavior inflicted upon a resident. Many nursing home residents suffer physical and mental impairments that make them more susceptible to sexual abuse.
Those who are most at risk of being sexually abused include individuals with cognitive impairments like dementia or Alzheimer’s, as well as physically disabled or non-verbal residents. These vulnerabilities leave sexual abuse survivors unable to report the abuse.
Some of the most common forms of sexual abuse in nursing home facilities include:
- Unwanted touching or groping
- Forced sexual contact
- Sexual harassment or coercive behavior
- Rape or attempted rape
- Exposure to pornography or sexual materials
- Forcing residents to witness or perform sexual acts
Sexual abuse may be committed by caregivers, staff members, other residents, or visitors. Nursing homes have a legal duty to supervise and protect residents from these dangers, and when they fail to do so, they can and should be held legally accountable. An experienced Los Angeles personal injury lawyer can help you pursue a claim.
Why Nursing Home Sexual Abuse Often Goes Unreported
Several factors contribute to the underreporting of these crimes, including:
- Cognitive or memory impairments that prevent sexual abuse survivors from understanding or recalling what happened
- Fear of retaliation by the abuser or nursing home staff
- Shame or embarrassment, especially among older individuals from conservative or private backgrounds
- Isolation from family and friends, which limits opportunities to disclose sexual abuse
- Lack of training among staff to recognize the signs of sexual abuse
Nursing home staff may dismiss or downplay resident concerns, labeling them as confused, which makes it more essential for families and attorneys to advocate on behalf of survivors.
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Signs of Sexual Abuse in Nursing Home Residents
Identifying sexual abuse in elderly individuals can be challenging when they cannot communicate effectively. However, there are several red flags that family members, friends, and caregivers should look for during visits.
Physical Signs
The physical signs of abuse are the easiest to spot. However, it might not always be clear that sexual abuse is the cause of certain physical signs. Common signs that may suggest sexual abuse include:
- Bruising or bleeding in the genital or anal areas
- Torn or stained undergarments
- Difficulty sitting or walking
- Unexplained sexually transmitted infections (STIs)
Additionally, any other bruising of a nursing home resident, especially around the wrists, may be a sign of restraint if the abuser was holding them down while committing a sexual act.
Behavioral Signs
You should also be on the lookout for changes in the behavior of your loved one during visits. It’s important to note that these changes don’t necessarily point to sexual abuse, but are a sign that something is wrong and further investigation is needed to determine the cause of distress.
You should always be on the lookout for the following during any visits:
- Sudden withdrawal or depression
- Anxiety or fearfulness, especially around certain staff members
- Agitation or aggressive behavior
- Unusual changes in sleep or eating habits
If you suspect that a loved one may be suffering from abuse, do not ignore your instincts. Acting quickly can prevent further harm and preserve critical evidence.
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A Nursing Home Sexual Abuse Lawyer Serving Los Angeles Can Help You Prove Liability
When sexual abuse occurs in a nursing home, the abuser is not the only party to blame. Nursing homes have a responsibility to protect residents, and failing to do so can open them up to liability. Some of the most commonly liable parties in these cases include:
- The individual who perpetrated the sexual abuse
- The nursing home facility for negligent hiring, training, or supervision
- Third-party contractors or healthcare providers employed at the facility
- Management companies or ownership groups
A skilled Los Angeles nursing home sexual abuse attorney can investigate the circumstances of the abuse and identify all responsible parties. This is crucial not only for recovering financial compensation but also for preventing future abuse.
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Compensation for Survivors of Nursing Home Sexual Abuse
Survivors of nursing home sexual abuse and their families may be entitled to significant financial compensation. Depending on the specifics of your case, you may be able to pursue damages for:
- Medical treatment and ongoing healthcare needs
- Therapy and psychological counseling
- Pain and suffering, including emotional distress and mental anguish
- Loss of dignity and quality of life
Survivors of sexual abuse may also pursue punitive damages, which are designed to punish the wrongdoer and deter similar misconduct in the future.
Be Mindful of All Deadlines When Pursuing a Nursing Home Sexual Abuse Claim
In California, the statute of limitations for a nursing home sexual abuse claim is two years from the date of the incident. However, certain exceptions may apply, especially in cases where the abuse survivor lacked the capacity to recognize or report the abuse.
Delaying legal action can result in the loss of critical evidence. Furthermore, any witness testimony supporting your claim will be less reliable over time.
If you are filing a claim against a government-owned facility, the statute of limitations for claims against the government in California is much shorter, leaving survivors with only six months to take legal action.
Get Help From a Knowledgeable Nursing Home Abuse Attorney in Los Angeles
At Arias Sanguinetti, we are committed to helping survivors of abuse speak out and pursue accountability. We are dedicated to protecting those who have endured sexual abuse, especially the most vulnerable members of our community.
If you suspect that you or a loved one has suffered nursing home sexual abuse in Los Angeles, our experienced attorneys are ready to guide you through your legal options and pursue justice on your behalf.
Contact us today by phone or through our online contact form to schedule a free case evaluation with a member of our legal team.
Call or text 310-844-9696 or complete a Free Case Evaluation form
