Family Suing Nursing Home for Negligence in Allowing Sexual Assault of Resident
The family of an 88-year-old female resident in a New York nursing home is suing the facility alleging negligence for failing to prevent her sexual assault by another resident, and after discovering the assault, failing to make a timely report.
The assault was discovered when a certified nursing assistant (CNA) heard the resident yelling, “No, no,” around 4:30 in the morning on May 29, 2019. When she entered the resident’s room, she found a 73-year-old male resident sexually assaulting the woman. According to the police report, video footage showed that the man had been in the woman’s room for 37 minutes.
Items that could provide evidence were not secured by the facility, and the police were not notified for more than six hours. A physician examined the resident after 10 a.m. and confirmed the assault, and then the police were called. She was taken to the hospital for examination and returned to the facility.
The male resident was relocated to another unit in the nursing home, and female-only caregivers were assigned to the female resident. It is not known at this time whether the male resident has been charged.
In July, the DOH found the nursing home deficient regarding several regulations including the resident’s right to be free from abuse, failure to report the incident to the local police and the DOH within required two hour time frame, failure to conduct a thorough investigation of the assault, and failure to secure potential evidence, including the woman’s clothes and bed linens.
The DOH did not respond when questioned about whether the nursing home had been fined or penalized.
Compliance Perspective
Failure to provide adequate supervision to protect residents from sexual assault by other residents, staff members, or visitors may be considered abuse and neglect, and failure to report incidents such as sexual assault to police and the State agency within two hours of discovery or to preserve potential evidence might be determined provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding reporting the reasonable suspicion of a crime, investigating and reporting incidents of abuse, and protecting residents from physical and sexual assault.
- Train staff about preventing abuse and neglect and timely reporting to authorities, their supervisor, or through the Hotline.
- Periodically audit complaints regarding assault, abuse, and neglect to determine if they have been adequately investigated and reported.
