A jury in Newport News, Virginia, has awarded $750,000 in damages against an assisted living facility in Newport News where a former staff member is accused of Nursing Home Negligence and Abuse. The staff member is reported sexually assaulting a mentally disabled resident. According to an Associated Press news report, the recent verdict came after a lawsuit that was filed against Cote De Neige Home for Adults and the home's owner Rose Daniels Potter. The nursing home abuse and negligence lawsuit was filed by the sister of a 55-year-old man who was a resident at the assisted living facility.

Junious Boyd Batten, 40, has been accused of sexually assaulting the victim while working at the home as a certified nursing assistant. Batten is charged with forcible sodomy, carnal knowledge and abuse and neglect. The nursing home negligence lawsuit also alleged that the home and Potter failed to exercise "reasonable care" when they hired Batten, who had a prior criminal record.

First of all, I'm glad that the Virginia jury awarded damages to the victim's family. I'm pleased that the nursing home's owner was made to pay for her negligence in failing to check her employee's criminal background. Doing background checks seems like a no-brainer when you're hiring someone who is going to work with seniors or the mentally disabled. It's appalling that this assisted living facility overlooked their employee's prior criminal record. My heart goes out to the victim who suffered the abuse and his family members who were no doubt devastated by it.

Sexual and physical abuse in nursing homes and care facilities, unfortunately, is one of today’s harsh realities. According to a Government Accountability Office report in 2002, law enforcement officials are seldom called to nursing homes to immediately investigate allegations of physical or sexual abuse. About 50 percent of the notifications from nursing homes are submitted two or more days after the nursing homes learned of the alleged abuse. These delays obviously compromise the quality of evidence and hinder investigations. Some residents or their family members are even afraid to report abuse because they fear retaliation from the nursing home or its employees.
This, in my opinion, is unacceptable. Nursing homes are responsible for the safety and well-being of their patients. They are accountable to residents and family members for what happens to these vulnerable residents who are placed under their care. It is the responsibility of nursing home administrators to conduct thorough background checks on who they hire. If nursing homes do not fulfill their responsibilities, they must be held accountable.
If you have been a victim of a California nursing home abuse or negligence and need more information about how to pursue your rights and hold the wrongdoers accountable, please call my office. My staff and I will be happy to help you.

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