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The 55-year-old former resident claims she was sexually assaulted four years ago by the husband of a fellow resident at Dells Nursing and Rehab. She claims the man penetrated her with his right hand and fondled her with his left.
Before the alleged assault occurred, the woman thought he was a nice man because he would say “Hello,” to her whenever he came to visit his wife.
She told the director of nursing what happened, and the director told her not to tell anyone about it and that she would take care of it. The former resident said she felt like she had done something wrong, but now she realizes nothing was done about her assault.
The current administrator of the facility, who was not employed there at the time of the alleged assault, cannot say for sure whether the incident was reported and investigated by state agencies. The administrator said when an assault is reported there would be an internal investigation and if necessary, it would be reported to the proper state authorities.
However, each registered nursing home facility is required to report abuse, according to a spokesperson for South Dakota’s Department of Human Services. If a facility does not report abuse within 24 hours, it can be penalized under state law – failure to report abuse is a Class 1 misdemeanor.
The 55-year-old came forward after news reports came out about similar allegations against her alleged assaulter. At least three of these other alleged assaults happened after she claims her assault occurred.
The 84-year-old was charged after a staff member from Good Samaritan Luther Manor in Sioux Falls claims to have seen him touching a 92-year-old’s exposed breast. This alleged victim was just a few doors down from the alleged assaulter’s wife, who he was visiting.
The 84-year-old has been accused of doing something similar in 2015 at a Good Samaritan nursing home where a relative was staying. Court documents about that incident refer to a 2014 case involving another resident at another nursing home.
If your elderly loved one was assaulted at a nursing home, the abuser should be held accountable. The facility could also have some level of liability for what happened.
However, holding a facility liable is a complicated process to handle on your own. The experienced nursing home abuse lawyers at PKSD can manage the legal process on your behalf, pursuing the fair compensation you deserve.
Schedule a free, no obligation legal consultation today to discuss your legal options.
Complete a Free Case Evaluation form or call 414-333-3333.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
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