Lawsuit Claims Houston-Area Nursing Home Covered-Up Sexual Assault of Resident by Another Resident
A Houston-area nursing home and its management company are accused of negligence and trying to cover-up a sexual assault by a male resident against a 65-year-old female resident with dementia and stage 4 Parkinson’s disease. The allegations are contained in a lawsuit filed against the facility and in a Health and Human Services (HHS) report about the incident.
According to staff members, the woman was placed in her bed with the door open at 3:30 p.m. on the day of the incident. About two hours later, staff realized the door was closed and the woman was using a service button to call for help. When the nurse entered the woman’s room, the male resident was found actively assaulting the woman.
Staff reported that management instructed them to clean everything up, and the police were not called until five hours later when the woman had been transferred to the hospital.
The HHS report determined that the nursing home failed to immediately report all alleged violations involving abuse, neglect, exploitation, or mistreatment. The report also indicated that “the facility failed to provide evidence that a thorough investigation was conducted” and “the administrator failed to thoroughly investigate” the incident. Additionally, the report found that the nursing home “failed to monitor” the perpetrator’s behaviors while he was receiving antipsychotic medication.
Police arrested the male resident and charged him with aggravated sexual assault of an elderly and disabled female. His trial is set to begin in July.
The lawsuit is seeking $200,000 to $1 million in damages.
Compliance Perspective
Failure to monitor the behavior of a resident on antipsychotic medication and failure to investigate and report a suspected crime may be considered substandard quality of care and a violation of state and federal regulations.
Discussion Points:
- Review policies and procedures for monitoring the behavior of residents receiving antipsychotic medications and for thoroughly investigating and reporting suspected crimes.
- Train staff so they know which residents are on antipsychotic medications and their need for closer monitoring.
- Periodically audit reported complaints and incidents to determine if they have been thoroughly investigated and reported to proper authorities.
