Sexual abuser remained employed at nursing home for years despite complaints

A serial sexual abuser was permitted to continue working as a nurse's aide at a Nashville, TN nursing home for a seven-year period despite multiple allegations from fellow staff members that he was sexually abusing both male and female residents of the nursing home.  According to the news story, the only action taken against him was to bar him from continuing to work with residents for whom there were allegations of sexual abuse.  The nursing home was frequently short-staffed which may have influenced employment decisions regarding the CNA.  Once he was finally terminated by the nursing home, he was able to secure employment at another facility.

Abuse of residents in nursing homes is a serious issue. especially since many nursing home residents have physical, speech, or mental impairments which make it difficult for them to resist the abuse.  Further, many nursing home residents fear making complaints about staff members because of the perception that the staff member has tremendous power over the quality of their lives.

Ironically, in many other states, nursing homes defend lawsuits based on physical abuse or sexual abuse by claiming that the staff member was acting outside the course and scope of their employment when the abuse took place.  After all, they were hired to care for the residents, not abuse them, and the nursing home is only liable for acts done within the course and scope of employment. 

This is not a valid defense in Illinois.  One of the provisions of the Illinois Nursing Home Care Act provides that the nursing home is liable for both the negligent and intentional acts of their employees.  This provides a powerful incentive for Illinois nursing homes to closely monitor the actions of their staff and to rapidly fire anyone suspected of abusing a nursing home resident.  Hopefully, this helps assure the safety and well-being of our nursing home residents.