Cleveland Nursing Home Sexual Abuse Lawyer

There are many highly rated nursing home facilities in Cleveland like the Abbewood Retirement Center and Slovene Home for the Aged, and most families in the Cleveland area know they can trust these facilities to provide safe daily care for elderly family members. However, nursing home residents are sometimes subjected to abuse by their caregivers, including sexual abuse. A Cleveland nursing home sexual abuse lawyer can help if a loved one has been harmed this way.

Representing Nursing Home Sexual Abuse Cases in Cleveland, OH

The attorneys at Spangenberg Shibley & Liber have been representing clients in a wide range of cases since 1946, and since our firm’s opening, we have successfully recovered more than $1 billion in compensation for injured clients in a wide range of difficult cases. If another party has harmed you or a family member through negligence or intentional misconduct, you likely have grounds to file a personal injury case and seek compensation for the damages they caused.

However, some cases are inherently more challenging than others. Nursing home abuse is a more common problem than many families in Ohio realize. While the nursing home you have paid to care for an elderly family member may be highly rated, have positive reviews, and the atmosphere may seem genuinely welcoming and compassionate, there could be individual staff members searching for opportunities to take advantage of vulnerable residents.

If you discover that an elderly family member has suffered any type of sexual abuse at their nursing home, the first steps you take after this discovery are crucial. When you consult an experienced attorney, they can provide advice for safely removing the victim from a potentially dangerous environment and then explain your legal options.

A recent CNN report looked at just three years’ worth of statistics from nursing homes across the US and discovered that in just three years, more than 1,000 nursing homes had been cited for incidents of sexual abuse, 100 of which had been cited multiple times. In some of these cases, individual abusers face criminal charges and liability for victims’ damages, but in others, nursing homes can be held responsible for the damaging actions of their employees.

Unfortunately, statistics from the National Council on Aging estimate that only about one in every 24 cases of elder abuse is reported to the authorities. While a nursing home staff member found guilty of sexually abusing a resident is likely to face criminal charges and severe penalties for this behavior, you will need to hire a nursing home sexual abuse lawyer to assist you with filing a civil claim to recover compensation for the victim’s damages.

Building a Nursing Home Sexual Abuse Case in Cleveland

One of the most difficult aspects of many nursing home abuse cases in Ohio is that in many of these cases, the victim has not suffered an isolated single incident of abuse, but rather a protracted series of incidents over a long period of time. In some cases, abuse is not discovered for months, and some victims are medically incapable of asking for help while some suffer from medical conditions that interfere with memory and communication.

Nursing home residents are some of the most vulnerable members of the Cleveland area community, and it is important for their family members to be alert for any signs of abuse. When you visit an elderly family member at their nursing home, pay close attention to their demeanor and whether they seem anxious or fearful around certain staff members. If they have recently experienced any unexpected medical issues, these deserve thorough investigation.

Some victims of nursing home sexual abuse are infected with sexually transmitted diseases. Some are also physically abused, and any type of sexual abuse or battery can result in tremendous psychological trauma and emotional suffering. Once you confirm that your loved one has suffered any type of abuse, you must remove them from this dangerous situation immediately and consult a Cleveland nursing home sexual abuse attorney.

Your legal representative can gather crucial evidence for proving the truth of your loved one’s experience. Evidence could include testimony from other nursing home residents who have also been abused, statements from other staff members, physical evidence like defensive wounds on the victim’s body, and medical records proving a history of sexually transmitted infections and related treatments.

Claiming Compensation for Nursing Home Sexual Abuse

In a personal injury case in Ohio, the injured victim has the right to pursue compensation for the various economic and non-economic damages a defendant has caused. In a nursing home sexual abuse case, the victim may have required extensive medical treatment to address the physical and psychological effects of their experience, and your family is likely eligible to claim compensation for these medical expenses.

If you or another family member was forced to take time away from work to address this situation, then you may also qualify to claim compensation for the income you were unable to earn during this time. Your attorney can calculate these losses as well as transportation costs and other expenses for which the defendant may be liable.

A plaintiff may also claim compensation for the pain and suffering they have experienced, though non-economic damages in most Ohio personal injury cases are capped by state law. However, this cap can be lifted when the victim has suffered catastrophic harm from the defendant’s actions.

A recent Ohio Supreme Court ruling decided that this limit was unconstitutional when applied to victims of intentional sexual abuse, who often suffer extreme psychological harm from these experiences. Additionally, if a nursing home resident who was already frail suffered a significant decline in their overall medical condition because of their sexual abuse, then they may meet the criteria for having suffered catastrophic harm, and the cap would be lifted.

In some Ohio personal injury cases, defendants are also required to pay punitive damages to victims, usually in response to their egregious negligence or illegal misconduct. Your Cleveland nursing home sexual abuse attorney can explain whether this or other factors may come into play in your case and influence the total amount of compensation you and your family receive.

Your attorney can also explain how the state’s criminal case against the abuser could affect your personal injury claim. While this criminal case does not seek compensation for the victim’s losses and instead seeks to punish the defendant for breaking the law, it is possible for the defendant’s conviction to serve as evidence in your civil suit, and your attorney can explain all such potential interactions.

Ultimately, learning that your elderly family member has been sexually abused by someone you have trusted to care for them can be incredibly frustrating and distressing. The first steps you take after discovering the reality of the situation are crucial, and it’s important to reach out to legal counsel you can trust. Consult the team at Spangenberg Shibley & Liber as soon as possible to learn how we can help with your case.

FAQs

Q: What Are the Penalties for Nursing Home Sexual Abuse in Ohio?

A: The penalties for nursing home sexual abuse in Ohio can be severe, as these offenses are often prosecuted as felonies. The defendant could face many years in prison, heavy fines, loss of any professional licenses they held, mandatory sex offender registration, and restitution to the victim. Nursing homes may also face penalties for failing to protect their residents, failure to perform appropriate background checks on staff, and failure to internally investigate abuse reports.

Q: How Do You Prove Nursing Home Sexual Abuse?

A: Proving nursing home sexual abuse may require various forms of evidence, including testimony from witnesses, physical evidence, the victim’s medical reports, and security footage, if available. Some of this evidence will be difficult to collect, and some is time-sensitive, so it’s important to hire a nursing home sexual abuse lawyer as soon as possible to help you gather necessary evidence right away.

Q: What Is a Nursing Home Sexual Abuse Case Worth in Ohio?

A: The total value of a nursing home sexual abuse case in Ohio depends on several factors. You and your family may be eligible to claim substantial economic and non-economic damages, and plaintiffs in these cases are also often awarded punitive damages. Consult a Cleveland nursing home sexual abuse attorney for an estimate of the full potential value of your case, and remember you are more likely to secure a favorable outcome with an attorney’s help.

Q: Why Should I Hire a Nursing Home Sexual Abuse Lawyer in Cleveland?

A: You should hire a nursing home sexual abuse lawyer in Cleveland to have a better chance of successfully establishing liability for the victim’s experience and a better chance of securing appropriate compensation for this heinous act. While the state will handle prosecuting the abuser for their illegal misconduct, your attorney can help you file a civil suit against them and/or their employer to seek compensation for the resulting damages.

The attorneys at Spangenberg Shibley & Liber have years of proven experience handling some of the most complex injury cases in Cleveland and throughout Ohio. We know how difficult it is to learn that a vulnerable elderly family member has been sexually abused by their caregivers, and we are ready to help you pursue accountability. Contact us today to schedule a free consultation with an experienced Cleveland nursing home sexual abuse lawyer.