Nursing home administrators in New Jersey and across the country have certain responsibilities to their patients. In addition to ensuring that employees have the necessary training and experience to provide appropriate care, they must also ensure that these employees are dedicated to meeting the best interests of their patients and that no violations of elder law occur. Patients who are harmed as a result of employees at nursing homes may choose to file a civil lawsuit.
The victim of an alleged sexual assault in another state may choose to pursue such action. According to reports, a 68-year-old man was the victim. An employee of the nursing walked into the room and discovered a 21-year-old certified nursing assistant straddling the patient. When the second employee entered the room, the defendant allegedly leapt from the bed and requested the former not inform the charge nurse.
Nursing home personnel contacted police, and the CNA was charged with several crimes including second-degree elder abuse. The alleged victim provided law enforcement officials with details of the attack. The defendant has since been fired from the Mitchell-Hollingsworth Nursing and Rehabilitation Center.
Incidents involving sexual assault can have lasting psychological consequences for victims. In order to ensure that the alleged victim has the monetary means to seek the necessary treatment following an attack — potentially including counseling and a move to a different facility — he has the option of filing a civil lawsuit. Many victims of abuse at nursing homes in New Jersey have opted to pursue similar relief. In some cases, a doing so may be the only way to prompt procedural changes that will prevent similar abuse from occurring in the future. An attorney with experience with elder law can help victims and their families fully understand their options.