When a loved one is placed in a nursing home it’s generally because they are unable to care for themselves in some capacity due to a disease that impacts the body and/or mind. The families of nursing home residents trust that the management team and staff will do their best when taking care of the residents who depend on them.
To the utter dismay of many, those charged with caring for nursing home residents do the exact opposite and instead sexually assault them. This behavior cannot be allowed to continue and with every case that is made public awareness can be spread so that future attacks are prevented.
Ohio Family Sues Nursing Home After Mother Sexually Assaulted
In 2017, Continuing Healthcare hired Ronald Whisman Jr. as a nurses aide. The nursing home claims they did a background check on Whisman and there were no red flags. But in 2018, another employee opened the door to a patient’s room to find Whisman with his pants around his ankles, engaging in a sexual act with the patient.
The employee called the police and reported Whisman. Officers discovered that the patient that Whisman assaulted was a 68-year-old woman with dementia. She was taken to the hospital and treated for the assault.
Whisman initially claimed the other employee was mistaken and that he was only changing the patient’s diaper. But he later pleaded guilty to two felony counts of sexual battery and a felony count of gross sexual imposition. He is now serving a 5-year prison sentence and will have to register as a sex offender when he is released.
The daughter of the victim filed a lawsuit against both Whisman and the nursing home. Her legal complaint states that her mother is incapable of resisting or giving consent because of her medical condition. She further alleges that the nursing home failed to protect her mother from a predator despite knowing she was frail and unable to defend herself.
If The Abuser Is In Prison Why File A Lawsuit?
Nursing home abuse lawsuits are civil lawsuits that are separate from any criminal charges that could be filed. When successful, these lawsuits provide a plaintiff with compensation for monetary losses such as medical bills and lost wages. It can also provide compensation for any non-monetary losses such as physical pain and emotional distress.
This compensation comes from a verdict or a settlement. The total amount will be based on the losses stained by the plaintiff.
How Long Do I Have To File A Nursing Home Abuse Lawsuit?
There are strict timelines when it comes to taking legal action known as the statute of limitations. If you or a loved one are a nursing home resident who has been sexually assaulted, contact our law office. We can let you know how quickly a lawsuit must be filed and guide you through the process.
What Is Needed To File A Lawsuit?
You can rest easy knowing that our legal team will collect all evidence possible to support your claim. However, there are steps you can take to preserve important materials, such as:
- Medical records
- Insurance paperwork
- A journal with dates/times you spoke with a respresentiive from the nursing home about the situation and what was discussed.
- Photographs of any injuries, if possible.
- Witness contact information.
When in doubt, keep records of everything. You never know what may make or break a case.
Why Should I Work With PA Nursing Home Lawyers?
Our legal team focuses entirely on nursing home abuse and neglect cases so that we can offer superb legal assistance to our clients in their time of need. We want you to know that we can help you take legal action while still remaining anonymous.
Contact us now to learn more about our aggressive legal tactics and how we can assist you.