Article Updated: January 8, 2022
Abuse & Assault Claims
Abuse and assault in the medical world have always been a problem. The only difference more recently is that victims are speaking up. And when you speak up, you help move us closer to ending this abuse pandemic.
Below, you will learn about the common forms of abuse and assaults that victims face, and related topics, including:
◊ Assaults on Elders
◊ Nursing Home Sexual Abuse
◊ Nursing Abuse Case Studies
◊ Reducing Likelihood of Abuse
◊ Elder Abuse Signs & Investigation Tips
◊ Difference Between Rape & Sexual Assault
◊ Emotional Abuse
◊ Alzheimer’s Abuse
◊ Caretaker Abuse
If you have questions after reviewing this article and the supplemental articles on these topics here on my site, I encourage you to contact me for a FREE consultation (via the contact form below or email) and see if a lawsuit will get you the justice you deserve.
Sexual Assault Claims
There are criminal statutes and common law (opinions based on specific cases written by judges) which differentiate the different types of sexual assault at a micro level. There are also scholarly articles, and journals, which further dig into research and variations in what may qualify as an act that fits into the different forms of improper touching, to include sexual assault, rape, or molestation. I wrote a deeper dive article on this issue, but I’m not getting into that nuance here.
The Major difference between sexual assault and rape, putting aside exceptions and acts which fall into gray zones, is that rape involves some form of penetration, whereas sexual assault does not necessary include penetrative acts.
The umbrella act for all sexual touching claims is sexual assault. Under that umbrella are different types of sexual assault, and rape is one of those types, with molestation being another. The type of sexual assault that you suffered is important for purposes of a civil action, as it will heavily control the settlement or verdict range.
Regardless of which form of sexual assault you suffered, a sexual assault legal advocate can help you. However, it must be an advocate familiar with litigating these types of claims because only they have familiarity of the very nuanced defenses and damages experts involved.
Nursing Home Sexual Abuse
We place our loved ones in nursing homes because they are frail, weak, and need 24/7 help and protection.
The terrible irony is that sexual abuse victims in nursing homes are targets of that abuse because of that very fact; that they are frail, weak and cannot protect themselves.
Examples of care home abuse are rampant, as recorded in criminal and civil cases where the abuse was discovered. Case studies further document the high frequency of abuse instances in nursing facilities.
There are signs of sexual abuse that you should be on the lookout for if you know someone in a nursing home. Those nursing home residents rely on outside eyes – such as yours – to help save them.
If the signs are picked up early, and a proper investigation conducted, it will not always boil down to a he-said she-said. I have found crumbs and trails of evidence within medical records that showed a male nurse was trying to hide a sexual assault based on clues which those crumbs pointed to.
With proper vigilance and savvy lawyering, there can be justice for these nursing home victims who are, or were, being sexually abused.
Generally, to have a viable claim for emotional abuse, there must be some resultant physical manifestations of the emotional trauma. This includes, by ways of example, things like heart attacks, heart palpitations, vomiting, or nightmares waking up in cold sweats.
The laws on this vary tremendously from state to state. If you are in Maryland, I wrote an article which outlines the elements and sources of rules for emotional abuse claims in Maryland.
It’s a simple formula for nurses in a nursing home who are stretched thin. Who will you disregard, the patient who will remember it and is therefore more likely to report the neglect or abuse, or the patient who you know will forget due to a cognitive disability?
This is the fundamental source of Alzheimer’s abuse, and it stems from nurses taking calculated shortcuts to keep afloat of their illogical workload (placed on them by negligent medical facilities) to ensure they don’t lose their jobs.
I’d estimate that over 1/3 of my nursing home and assisted living facility clients suffered from either Alzheimer’s or dementia. These folks need the greatest protections from abuse.
Assaults on Elders
Assaults are distinguished from sexual abuse in that, with respect to the former, the act is not sexual in nature. For example, assaults would be throwing, punching, or striking with an object.
Statistically, based on my research, elderly women are the main victims of assaults in nursing homes. But I have also represented men who were assaulted while in a nursing facility.
A common denominator is some form of physical incapacity on the part of the victim which prevents the victim from being able to physically fight back. Thankfully, with the help of a legal advocate, the victim can fight back, and have a voice to achieve some semblance of justice.
The raw truth about caretaker abuse, in my humble opinion, especially when we’re talking about nursing homes, is that the majority of the time it is the company’s fault, not the employee’s fault.
Why? Because nursing homes don’t care about people, whereas nurse’s do. The nursing company’s are trying to squeeze out dollars, and in doing so they understaff and undertrain their workforce, causing nursing staff to abuse their elderly charges.
That’s why I always have my eye towards finding all the corners the nursing home cut in an effort to make a dollar, which forced its caretakers into positions which left them destined to fail in their duties, resulting in injury and death.
Knowing this, it falls on the family of the nursing home and hospital patients to keep an eye on their loved ones. The likelihood of abuse may be reduced when staffing conditions improve in a facility, but also when the nurses know that family are keeping close watch of their loved ones.
If you, a friend, or family have suffered, or are suffering, abuse or sexual assault at the hands of a nursing home, hospital, or in a professional setting (such as school, work, or a religious institution), you may be entitled to compensation.
More importantly, for these categories of victims specifically, you are likely not the only victim, and pursuing a claim can help prevent others who may be abused in that same facility or institution.
When you are ready, I am here for you, 24/7. Just send me a private message via the contact form on this page. Alternatively, you can email me directly via my personal email.
Reza Davani, Esq.
State Bar No.: #1212110211
Federal Bar No.: #30168
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Abut the Author
This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire. Mr. Davani received his Juris Doctor degree from a Tier 1 law school, the University of Maryland Francs King Carey School of Law. He received his first license to practice law from the State of Maryland’s Court of Appeals (MD State License No. 1212110211), and just four months later received a federal law license from the United States District Court for the District of Maryland (Federal License No. 30168).
Mr. Davani has been practicing law for over 10 years. He began practicing law by helping clients as a sanctioned student lawyer before receiving his law license, and second chaired his first jury trial in federal court before even graduating law school. He is a registered member of the Maryland Association for Justice (MAJ), the American Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ’s Legislative Leader’s Circle.
Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims. He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing home abuse settlements and verdicts in Maryland and other states. He is dedicated to fighting for justice, and welcomes the opportunity to help you.
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