Albuquerque Nursing Home Sexual Abuse Attorneys

Understanding Elder Sexual Abuse and Its Impact

Elder sexual abuse occurs when someone engages in sexual activity with an elderly person without their consent. Keep in mind that elderly adults with limited mental faculties may not have the capacity to consent. 

A person of any gender or sexual orientation can perpetrate or be a victim of sexual abuse. In nursing homes, elder sexual abuse may be perpetrated by a staff member, another resident, a visitor, or some other party. In many cases, the abuser is the resident’s primary caregiver.

Examples of elder sexual abuse that can occur in nursing homes include:

• Unwelcome touching
• Sexual assault
• Rape
• Forced, unnecessary nudity
• Unwanted sexual photography 

In order to fill their beds, and keep reimbursement from the government at the highest, nursing homes may also allow known sexual predators to enter or remain as residents at the facility.

Identifying Sexual Abuse in Nursing Homes

Perpetrators of sexual abuse will often take steps to conceal their actions. They may specifically target residents that have trouble communicating or whose families do not visit frequently. An abuser may even attempt to intimidate the victim into silence. Therefore, you should never assume your loved one will be direct and forthright about any sexual abuse that may be occurring. You will need to look out for red flags that could indicate sexual abuse.

Warning signs of elder sexual abuse in nursing homes include:

• Unexplained sexually transmitted infections (STIs)
• Bruises and bleeding in and around the genital areas, breasts, and/or thighs
• Bloody, stained, or torn clothing
• Unexplained personality changes, including spikes of anxiety or depression
• Unusual mood swings

You should also start asking questions and investigating further if a member of the nursing home’s staff is reluctant to leave you alone with your loved one. The staff member may be concerned about what the resident will say to you in private. Do not be afraid to enforce your family’s right to privacy. 

If you find signs of sexual abuse, contact the Harvey & Foote Law Firm right away. Our Albuquerque nursing home sexual abuse attorneys can help you formally report the suspected misconduct, remove your loved one from the facility, and get them to safety. We can then help you build a case and work to hold the responsible parties accountable.

Compensation for Victims of Nursing Home Sexual Abuse

The victims of elder sexual abuse and their families may be able to get compensation for damages if they can prove the nursing home acted negligently. Nursing homes owe a duty of care to residents and must make reasonable efforts to keep them safe. They typically violate this duty of care in the eyes of the law when they create an environment where sexual abuse is allowed to fester. Examples of negligence that could trigger liability in these situations include failing to conduct adequate background checks on staff, failing to sufficiently monitor staff, or ignoring reports of sexual abuse.

In these situations, you may also be able to take legal action against the abuser and any staff members or medical professionals who negligently failed to detect and stop the abuse. These parties should be familiar with the signs of sexual abuse and should be the first to notice and report them. If they fail to do so, they could be liable.

Our Albuquerque nursing home sexual abuse lawyers will fight to get you just compensation for all damages, including:

• Past, present, and future medical bills
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium

Addressing Sexual Abuse in Albuquerque Nursing Homes

Living in Albuquerque, we understand the unique challenges our elderly community faces, especially those residing in nursing homes. The local government, including the New Mexico Department of Health, works diligently to ensure the safety and well-being of our seniors. However, despite these efforts, sexual abuse in nursing homes remains a critical issue that requires our attention and action.

In Albuquerque, the close-knit nature of our communities means that many families are deeply involved in caring for their elderly loved ones. Unfortunately, this also means that when abuse occurs, it can be particularly devastating. The pain points for families often include the fear of not being able to protect their loved ones and the frustration of navigating the legal and healthcare systems to seek justice and support.

Our firm is deeply familiar with the Albuquerque area and the specific concerns of its residents. We know that local nursing homes, such as those in the Northeast Heights and the Westside, must be held accountable for the safety of their residents. If you suspect that your loved one is a victim of sexual abuse, it is crucial to act swiftly. The Albuquerque Police Department and the New Mexico Adult Protective Services are valuable resources for reporting and addressing these concerns.

We understand the emotional and physical toll that sexual abuse can take on victims and their families. Our team is committed to providing compassionate and effective legal support to help you navigate this difficult time. By leveraging our knowledge of Albuquerque's legal landscape and our connections with local resources, we can help you seek justice and ensure your loved one’s safety.

If you find signs of sexual abuse, contact the Harvey & Foote Law Firm right away. Our Albuquerque nursing home sexual abuse attorneys can help you formally report the suspected misconduct, remove your loved one from the facility, and get them to safety. We can then help you build a case and work to hold the responsible parties accountable.

If you suspect something, say something. We are ready to listen to your concerns and encourage you to call (505) 295-2245 or contact us online for immediate assistance.