On May 7, 2014, a 24-year-old certified nursing assistant (“CNA”) employed at a Massachusetts nursing home was arraigned on four felony counts – two counts of rape, one count of indecent assault, and one count of battery – with regard to the alleged rape of a 69-year-old female nursing home resident that allegedly occurred on May 6, 2014. The former nursing home employee, who had been employed by the nursing home since January 2014, was held on $5 million bond ($500,000 cash bail) following his May 7th arraignment. He is due back in court of June 5, 2014, for a pretrial hearing.
The Alleged Facts
According to news reports, a nurse at the nursing home was looking for the CNA on May 6, 2014 when she noticed that the door to the resident’s room was closed. When the nurse opened the resident’s door, she noticed that the curtain around the resident’s bed was pulled closed. The nurse called out the CNA’s name, and the CNA poked his head out from behind the curtain. The CNA was not assigned to care for the resident.
The nurse observed the resident in her bed, who was naked below the waist. The CNA reportedly then stated, “I am sorry. I know it looks bad. I am in trouble.” The nurse alerted the nursing home staff and the police were called to the nursing home. The resident was transported to a local hospital for evaluation.
The resident was not under the CNA’s care – the nursing home forbids male employees from caring for female residents.
The nursing home alleges that the CNA’s employment application raised no flags and that a background check of the CNA raised no issues. The nursing home further alleges that it is unaware of any other allegations against the CNA although the police are continuing their investigation of the CNA’s activities while at the nursing home.
When our loved ones need nursing home care, we expect that the nursing home will not only provide the nursing home care that is necessary and promised, but that the nursing home will also protect our loved ones from mistreatment and harm. Nursing homes promise us that they have the ability and capacity to take care of our loved ones, for which they are paid. When nursing homes break their promises, and our loved ones are harmed, the nursing homes may be held responsible for their negligence, neglect, or their abuse of our loved ones.
If you or a loved one was a resident of a nursing home in the United States and you or your loved one suffered injury or other harm as a result of the lack of appropriate care or abusive or neglectful treatment, you should promptly consult with a local nursing home claim attorney in your state who may investigate your nursing home claim for you and represent you or your loved one in a claim against a nursing home, if appropriate.
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