Even with strict federal and state laws protecting nursing home patients, somehow people completely unfit for the job manage to find their way into positions where they are caring for an incredibly vulnerable group of people.
Recently, the Chicago Tribune reported on a horribly shameful incident involving the sexual assault of a nursing home patient by a supervisor at the facility.
Twenty-two-year-old, Angelo J. Bird of Woodstock, a CNA and midnight shift supervisor has been charged with sexually assaulting a disabled elderly woman at Crystal Pines Rehabilitation and Health Care Center in Crystal Lake, IL. The 93-year-old sexual assault victim told investigating police that the incident occurred in the early morning hours of September 25th while she was sleeping in her room at the facility.
According to news reports of this incident, Mr. Bird had no prior convictions. Further, Mr. Bird remains a free man after posting bond. No word yet as to his upcoming court dates.
Civil liability for acts of employees
In most jurisdictions, the employer may be held responsible for the acts of their employees when they harm a person in the course of their employment. However, in situations where there may be an intentional or criminal acts, many employers will try to evade liability by asserting that the employee’s act was outside the scope of their employment. Consequently, as a nursing home lawyer, it is important to evaluate all sexual assault cases involving employees at a facility with an eye towards negligent hiring or negligent supervision on the part of the facility in order to assure that the victim may be properly compensated for his or her injuries.
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