When we send our loved ones to a nursing home facility, we hope they will be safe and well-cared for. In some cases, that unfortunately doesn’t always happen, and patients suffer severe personal injury or even death as a result of nursing home negligence.
In some cases, however, we have nursing home staff that is trying to do the right thing, but this is not always the case. Sometimes we have staff that is taking advantage of, abusing, or otherwise harassing nursing home residents.While this can lead to criminal charges for the accused staff member, as our Palm Beach nursing home injury lawyers can explain, it will also possibly allow you to file a negligence action against the nursing home ownership for negligence, negligent retention of an employee, negligent supervision of staff, or, in some cases, negligent hire of a nursing home employee.
You would of course always have a case to file against the nursing home employee, but there it is usually the case that the employee does not personally have the assets or any insurance coverage to compensate you for your losses. The nursing home, on the other hand, has insurance and assets in most cases that put it in a better position to settle the case or pay a verdict should you be successful following a trial before a judge or jury.
In a recent article from 10 News On Your Side, a woman was recently arrested for allegedly secretly recording residents having sex at the Florida nursing home at which she worked and sharing the videos to her followers on a popular social media app.
Authorities have said the victims in this case are an 81-year-old woman living at the nursing home as well as a 59-year-old man who was also residing at the nursing home facility. They were both listed as needing an assisted living level of care. At the time she allegedly recorded the couple having sex, they were in one of the resident’s private rooms. After one of her social media followers saw the video and became concerned, she called the nursing home and told them about it. The nursing home then called police and informed them about the video.
When detectives interviewed defendant, she allegedly confessed to recording the couple having sex and posting the video online. She was arrested on various voyeurism charges in connection with this incident and was released from jail on a $10,000 bond. It should be noted that despite these allegations and her alleged confession, she is presumed innocent unless and until she is found guilty in a court of law by judge or jury beyond a reasonable doubt. It should also be noted that there have been no accusations of negligence on behalf of the nursing home operators as of this time.
With respect to a negligent hire claim in a nursing home facility lawsuit, the management would have had to have a reason to believe this worker was not safe to be employed there. However, if after an incident occurred the management took no action and allowed defendant to harm another resident, that would lead to a claim of negligent retention.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.
Authorities: Florida nursing home employee secretly recorded seniors having sex, March 24, 2017, 10 News On Your Side
More Blog Entries:
Concussions, Brain Injuries From Falls in Nursing Homes Occurring at “Unprecedented” Rates, April 25, 2017, Nursing Home Fall Attorney Blog