Pennsylvania Nursing Home Sexual Abuse Lawyer

Residents who cannot speak for themselves

Sexual abuse in a nursing home is often discovered by someone other than the resident: a family member who notices a change, an aide who sees an injury, or a nurse who notices something wrong during routine care. Under federal nursing home rules, sexual abuse means non-consensual sexual contact of any type with a resident. The person responsible may be a staff member, another resident or a visitor.

Residents living with dementia may be unable to consent, describe the abuse or identify who was responsible. Families often sense that something changed well before anyone at the facility says a word.

What the facility must do

Federally certified nursing homes must have and follow policies that prohibit and prevent abuse. When abuse is alleged, the facility must report it to its administrator and to the state survey agency immediately, and no later than two hours after the allegation is made. A reasonable suspicion of a crime against a resident must also be reported to law enforcement, and the facility must send the results of its investigation to the state within five working days.

Pennsylvania adds its own duty. Under the Older Adults Protective Services Act, a facility employee or administrator who has reasonable cause to suspect that an older resident has been sexually abused must report it immediately to the local area agency on aging and to law enforcement.

When a facility delays a report, investigates poorly or keeps an accused employee on the schedule, those failures can become part of the case.

What these cases depend on

A facility’s defense is often that nothing happened, especially when the resident has dementia and cannot describe the abuse. These cases then turn on timing and records: when staff first noticed a sign, whether the resident was examined promptly, whether evidence such as linens and clothing was preserved, whether reports reached the state and police on time, and whether the accused person was kept away from residents. Physical findings, staff statements, the facility’s own investigation file and its history with the accused person can answer that defense. Each case turns on its own facts, and no lawyer can promise a result.

Questions families ask

Who can be held responsible for sexual abuse in a nursing home?

The abuser can be held responsible. So can the facility and the companies that operate it, when the abuse followed failures in hiring, supervision, staffing, care planning or reporting.

What if the abuser was another resident?

A facility must protect residents from abuse by other residents as well as by staff. Earlier incidents involving the other resident, that resident’s care plan and the staffing on the unit are central questions.

Can a case go forward if the resident has dementia?

It can. A case may be built without the resident’s own account, through physical findings, staff observations, the medical record and the facility’s own investigation.

How long does a family have to bring a claim?

For most adult claims, the general deadline in Pennsylvania is two years. Different rules can apply when the resident has died or when the nursing home is owned by a county. Records and memories fade, and an early review helps preserve the evidence.

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