A lawsuit filed in a Connecticut Superior Court claims that a nursing home failed to implement protective measures for residents and visitors from a resident with a history of sexually abuse. The suit was filed after the resident allegedly sexually assaulted a 9-year-old girl when she was visiting a grandparent.
The accused resident is a 78-year-old man who had been in the facility for a month, during which time police were called in response to multiple complaints about his “sexually involved behavior” asserted against other residents, some with dementia. He was never arrested in those previous incidents.
The suit is seeking unspecified damages for “significant psychological and psychiatric scarring” of the girl. Also, the suit states that despite the facility being aware of the resident’s history, officials did not implement any measures to protect residents and visitors in the nursing home.
The accused man has been charged with third-degree sexual assault, risk of injury to a child, second-degree unlawful restraint, and breach of peace. He is being held in lieu of a $100,000 bond while his case is pending.
Compliance Perspective
Failure to protect residents and visitors from assaults of any type by a resident who has a history of multiple incidents of inappropriate behavior may be considered a violation of residents’ rights to freedom from abuse, and failure to adequately investigate, prevent, and correct previous alleged violations. This can be considered provision of substandard quality of care with potential for harm from immediate jeopardy, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the assessment and implementation of preventive measures for residents who have demonstrated any type of inappropriate behaviors toward others.
- Train staff regarding the need to carefully monitor residents who have a demonstrated history of inappropriate behavior toward others to prevent assault against residents and visitors.
- Periodically audit the care plans of residents who have demonstrated inappropriate behaviors to determine if measures have been implemented to monitor and prevent potential assaults or aggression toward other residents and visitors.
