No one should have to endure the trauma of sexual abuse, especially in a setting meant to provide care and safety. This form of abuse frequently occurs in nursing homes, and a range of parties may be perpetrators or bear liability due to negligence.
At Arias Sanguinetti, our nursing home sexual abuse lawyers in Oakland are committed to holding perpetrators and negligent facilities responsible. Our team of lawyers has over 300 years of combined experience, and we have obtained over $1.5 billion in verdicts and settlements for our previous clients.
Call us today to discuss your case. Our Oakland sexual abuse lawyers want to deliver the justice, accountability, and results your loved one deserves.
Various Parties May Be Liable for Sexual Abuse of Nursing Home Residents
When you select a nursing home for a loved one, you expect the caregivers, administrators, and other staff to provide a standard of care, which includes keeping them safe from sexual abuse. Our Oakland personal injury lawyers may identify multiple liable parties when we investigate your case.
Aside from nursing home employees, third parties, such as other residents and visitors, may be sexual predators. We can file a lawsuit against both the abuser and the nursing home if we discover the following institutional negligence:
- Negligent hiring practices: When nursing homes fail to properly vet caregivers, nurses, and other employees, they put all residents at risk for various forms of abuse.
- Negligent supervision: Nursing homes must have security personnel and proper safety protocols in place to prevent abuse. When they fail to secure their premises, vulnerable residents lack protection from abusers.
- Negligent reporting: Nursing home employees qualify as mandatory reporters under California law. If they suspect abuse is occurring and fail to report it, they may face repercussions in both civil and criminal court.
- Institutional cover–ups: Aside from negligence, nursing home administrators and corporations may knowingly attempt to cover up instances of sexual abuse, which is a grave violation of the law and caregiver ethics.
Our Oakland nursing home sexual abuse attorneys are skilled in handling complex litigation, including class actions involving powerful institutions and companies. We have the resources to take on these cases and dedicate the attention to detail required to build strong cases for each of our clients.
Compensation That Can Help You Care for Your Loved One After Nursing Home Sexual Abuse
Seeking justice is of utmost importance, and so is obtaining financial compensation that can help your loved one access the care they need. Sexual abuse can lead to both physical and psychological harm. Our team of attorneys may be able to seek awards for the following:
- Medical expenses: We seek reimbursement for any medical bills and ongoing medical treatment your elderly loved one required to address their physical injuries.
- Pain and suffering: You can seek non-economic awards to address the pain and suffering your loved one experienced and continues to endure due to sexual abuse.
- Therapy and psychological treatment: Therapy can help sexual abuse survivors cope with their trauma, which often lasts years after an incident.
- Treble damages (financial abuse only): Under California’s elder abuse laws, courts may award treble damages in cases where financial abuse occurred alongside sexual abuse. This means a court can triple the monetary damages awarded to your loved one, providing additional financial support and holding the negligent parties accountable for their actions.
- Punitive damages: Courts may award additional damages to punish especially egregious conduct and deter future abuse by individuals or institutions.
At Arias Sanguinetti, our team of attorneys can help you obtain medical liens so that your loved one has access to medical treatment with a commitment to repay as part of a future financial recovery.
Oakland Nursing Home Sexual Abuse Lawyer Near Me 310-844-9696
California’s Statute of Limitations for Sexual Abuse Lawsuits
Several California laws have extended the amount of time sexual abuse survivors have to file a lawsuit against liable parties. Our Oakland nursing home abuse lawyers can take legal action within the statute of limitations, which has been updated with the following:
- Assembly Bill 2777 (AB 2777): Adult survivors can file sexual assault lawsuits if the abuse occurred on or after January 1, 2009, regardless of the statute of limitations expiring. This lookback window opened on January 1, 2023, and closes on December 31, 2026.
- California Code of Civil Procedure 340.16: Adult survivors can file a lawsuit within either ten years from the date of the assault or three years from the time of discovering the resulting injuries.
Survivors of sexual assault do not need to provide physical evidence in a lawsuit. When filing a California government claim, you generally only have six months to file.
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Signs That Sexual Abuse Is Occurring to Your Loved One in a Nursing Home
It can be difficult to identify signs that your loved one is suffering sexual abuse in a nursing home. Some nursing home patients suffer from cognitive issues, such as dementia, which can make it difficult for them to express what they experienced. Additionally, nursing home residents are vulnerable to intimidation and retaliation from caregivers.
Still, a few key indicators to look for include:
- Running away or fleeing: Whether knowingly or unknowingly, residents may flee the premises due to fear and confusion over the abuse they suffered.
- Physical injuries: Various forms of nursing home neglect and abuse can result in physical injuries. Sexual abuse can specifically manifest as incontinence, bruising on the genital area, and urinary tract infections.
- Behavioral changes: Sudden changes in your loved one’s mood, their engagement in daily and recreational activities, and their ability to express themselves normally may occur after abuse.
You can keep your loved one safe by observing them during visits, including the way they interact with nursing home staff and caregivers.
If they directly state or imply sexual abuse or you suspect abuse is occurring, do not wait to remove your loved one from the environment and report it to law enforcement.
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Our Nursing Home Sexual Abuse Attorneys in Oakland Are Here for Your Family
At Arias Sanguinetti, our team of attorneys understands that family comes first, which is why we put our clients at the center of everything we do. Our Oakland nursing home sexual abuse lawyers are dedicated to achieving the justice, accountability, and results survivors deserve.
We truly care about what happened to your loved one and have the experience and resources to help you hold responsible parties accountable for their negligent actions.
Call us today for a free consultation. We work on a contingency fee basis, so our representation comes at no upfront cost to you and your family.
Call or text 310-844-9696 or complete a Free Case Evaluation form