Nursing Home Liability for Sexual Assault: Duty to Protect and Report, Standards, Defenses, and Damages

Sexual abuse in nursing homes may be committed by staff, other residents, or even criminals who have broken into the facility. In addition to the abuser, the nursing home, its corporate owners, and any individual with a duty to report or prevent abuse are potentially criminally and/or civilly liable.

Any sexual act done by force, threat, or even by taking advantage of a resident's incapacity is actionable and may result in criminal or civil liability. Many of the residents in nursing homes may have physical or mental disabilities that compromise or prevent them from defending themselves from an assault or giving consent.

Facilities are obligated to train and supervise employees so that this type of horrible abuse cannot and does not happen. A nursing home may still be liable even if it was not directly at fault if it has engaged in negligent hiring, training, or retention.

Listen as this experienced panel discusses claims, defenses, statutes of limitation, damages, and other issues that are involved in determining if a nursing home or other healthcare facility can be liable for sexual abuse that happens to a resident or patient.

1. Causes of action
2. Statutes of limitation
3. Insurance considerations
4. Common defenses
5. Damages

The panel will discuss these and other critical issues:

• Can institutions be liable if they did not know of prior bad acts or propensities?
• What happens if the abuse is discovered after the victim has died or moved out of the facility?
• How are parallel criminal and civil suits to be navigated?
• When is potential abuse foreseeable?