Sexual Assaults in Nursing Homes in Michigan and throughout the United States is an ongoing problem.
The data is only beginning to emerge with regard to this phenomena. It is known many cases go unreported. Therefore, the extent of the problem is unknown.
Obviously, the nursing home population, the old, the elderly, the mentally disabled, those suffering from dementia, Alzheimers, etc.. is very vulnerable to this abuse as well as general abuse. Unfortunately, the functional and cognitive dysfunction of the resident creates a situation where the abuse cannot be articulated or reported. It is primarily the diligence of the staff to observe and monitor the residents that protects them.
The case against the aide in Michigan for abuse is difficult to win. Because of recent law, the nursing home, the subacute, longterm care or assisted living facility can only be held accountable if they failed to do a criminal background check on the abuser, or failed to respond to notice of the abuse. The legal challenge is the first major problem to winning this abuse lawsuit.
In Michigan, the fact the nursing home or assisted living care facility employee is the abuser does NOT mean that the facility has to pay! Therefore, beware…..
Stay posted for more brief blogs on the rights of residents in Nursing Home cases in Michigan.
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