IDPH has cited and fined The Citadel Of Skokie when a disturbing incident occurred, where a certified nursing assistant (CNA) sexually assaulted and inappropriately exposed himself to a resident who suffers from Huntington’s disease.
One of the basic expectations that families have when they admit a loved one to a nursing home is that their loved one will be kept safe from violence or what would be criminal behavior elsewhere. In fact, the risk of being exposed to criminal behavior is one of the reasons that IDPH fines nursing homes. Sadly, nursing home residents are at times the victims of criminal behavior by staff or more often, the victims of assaults by staff members, as was the case here.
According to the findings of the investigation, a CNA at the facility forcibly pushed a resident onto her back, grabbed her breast over her clothing, undid his own clothing, and exposed his penis in an attempt to rape her. The resident, visibly distraught and crying during the interview with the investigator, recounted the horrifying experience, saying, “the CNA came into her room and started to massage her shoulders. The CNA forcibly pushed her down on her back by the shoulders, grabbed her breast on top of her clothing, undid his clothing and exposed his penis and tried to force her to have sex.” The resident further stated that she couldn’t yell due to her condition and that she “felt hurt and would have rather death instead of being raped.” She expressed feeling “victimized, traumatized, and feared for her safety.”
The resident’s family member expressed their anguish, stating while crying, “to watch the resident die from a debilitating disease is one thing but to watch the resident live through almost being raped and victimized was another level of trauma. The resident could not scream due to her Huntington’s disease.
The facility’s abuse policy clearly states that residents have the right to be free from abuse, including sexual abuse, which is defined as “non-consensual sexual contact of any type with a resident.” In response to the incident, the facility took several actions including initiating a comprehensive abuse investigation, notifying the police, suspending the alleged employee pending investigation, notifying the resident’s physician and family, and sending reports to the state agency.
This case underscores the critical importance of vigilant oversight in ensuring the safety and well-being of nursing home residents. Nursing homes must be adequately staffed so that they are able to offer this oversight, otherwise residents may fall victim to attacks such as the one described here.
One of our core beliefs is that nursing homes are built to fail due to the business model they follow and that unnecessary accidental injuries and wrongful deaths of nursing home residents such as the one detailed here are the inevitable result. Our experienced Chicago nursing home lawyers are ready to help you understand what happened, why, and what your rights are. Contact us to get the help you need.
