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New Orleans Lawyers Handling Claims of Sexual Abuse of the Elderly
Relentless representation for seniors who suffer sexual abuse in Louisiana
Sexual abuse of the elderly is unconscionable. Seniors whose cognitive abilities are intact are usually powerless to stop sexual abuse due to their physical vulnerabilities and the strength of the abuser. They’re also usually very afraid to report the abuse. The elderly who have cognitive impairments, such as dementia or Alzheimer’s, are not aware of what is happening to them and don’t have the ability to complain. Sexual abuse of the elderly in New Orleans is unconscionable. The people and organizations who are responsible deserve to be held accountable.
Sexual abuse includes any type of non-consensual contact. Some types of sexual assaults, such as rape, can cause severe physical injuries, including sexually transmitted infections. All types of sexual abuse cause severe emotional harm – the victims lose their trust and confidence. Senior sexual abuse victims in New Orleans should obtain psychological counseling.
At Garcia & Artigliere, our New Orleans elder abuse lawyers have been fighting for senior abuse and neglect victims for more than 150 years. We coordinate your loved one’s civil claim against a nursing home or other care provider along with any criminal complaints filed by the local police. Often the caretaker, whether it’s an at-home caretaker or a long-term care facility could have taken steps to prevent the abuse from happening. Our job is to hold those caretakers accountable.
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How can we help?
- When does sexual abuse of seniors occur?
- What factors indicate a senior in New Orleans was sexually abused?
- Who is accountable for the sexual abuse of the elderly in New Orleans?
- How much is a sexual abuse of the elderly claim worth in Louisiana?
- Do you have a New Orleans sexual abuse of the elderly lawyer near me?
When does sexual abuse of seniors occur?
The US Centers for Disease Control and Prevention (CDC) defines sexual abuse of the elderly (people who are 60 or older) as conduct that “involves forced or unwanted sexual interaction of any kind with an older adult. This may include unwanted sexual contact or penetration or non-contact acts such as sexual harassment.” The forms of sexual abuse include rape, sexual assault, and sexual harassment.
Many of the people who sexually abuse seniors focus on seniors who have cognitive difficulties or physical difficulties. The people who sexually abuse the elderly can be male or female. Many times, the abuser and the victim know each other. Sexual abusers may be family members, friends, home-health care workers, nursing home staff, visitors, and even other residents of a nursing home. Sexual abuse can happen in the senior’s home, a nursing home, or any location.
What factors indicate a senior in New Orleans was sexually abused?
Family members and other caretakers should be able to recognize the signs of sexual abuse in their loved ones or the people they are caring for. Signs of sexual abuse of the elderly include:
- Bruises around the genital areas or inner thigh
- Bleeding from a sexual body part
- Clothing that is bloody, torn, or stained
- Difficulty walking or sitting
- Acquiring a sexually transmitted infection (STI)
- Emotional difficulties including depression
- Withdrawing from social activities and people they would normally enjoy
- Unusual sexual activities
- Suicide attempts
Any senior who suffers a sexual assault should be examined by a doctor or emergency department to diagnose and treat any physical injuries. The senior should also be examined by a counselor or psychologist who is trained in treating the emotional trauma of sexual abuse.
Our New Orleans sexual abuse of the elderly lawyers work with different doctors, sexual abuse counselors, and psychologists throughout Louisiana.
Elder abuse lawyer Stephen M. Garcia is an experienced New Orleans sexual abuse attorney. In one illustrative case, he obtained $5.4 million dollars for an 87-year-old woman who was sexually molested repeatedly by the co-manager of a residential care facility. The facility did not report the abuse to the Department of Social Services or Adult Protective Services, even though the co-manager had a long history of alleged sexual misconduct at the facility. The delay contributed to the ability of the co-manager to flee.
Who is accountable for the sexual abuse of the elderly in New Orleans?
At Garcia & Artigliere, our elder abuse lawyers are skilled at holding everyone responsible for the sexual abuse accountable. Accountability begins with holding the person who sexually forced or sexually contacted your loved one liable.
Our lawyers are skilled at showing that private care agencies, nursing homes, and other care agencies and facilities could have prevented the sexual abuse from occurring. Nursing homes and other care agencies may be directly liable for the actions of their employees
In most cases, nursing homes and other care providers should be liable because they:
- Failed to run background checks on their employees, which could have disclosed prior criminal actions or prior civil complaints which would have confirmed an employee had a history of sexual misconduct
- Failed to hire enough employees so the care of each resident or each patient could have been rotated among the caretakers
- Failed to explain to the employees and workers what conduct is considered sexual abuse, so abuse could be promptly reported
- Tolerated known instances of sexual abuse by a worker, visitor, or others
- Failed to respond to prior complaints of sexual abuse by a staff member, visitor, or others
- Failed to create a sexual abuse or physical abuse reporting system
- Did not establish protocols for protecting residents with physical or cognitive impairments from sexual abuse
- Did not monitor possible abuse by other residents
- Failed to conduct investigations of sexual abuse
- Failed to take prompt disciplinary actions
- Failed to reevaluate the safety protocols after any type of sexual abuse
Everyone who cares for a senior in New Orleans should know the rules and regulations that govern all interactions with the people in their care.
How much is a sexual abuse of the elderly claim worth in Louisiana?
Sexual abuse is devastating. At Garcia & Artigliere, our New Orleans sexual abuse lawyers fight to obtain full compensation for each victim from the abuser and the enablers, help ensure the abuser receives justice, and help ensure any enablers take immediate steps to stop future sexual assaults. We have obtained more than $3 billion dollars for people nationwide. We work with a team of doctors and psychologists who can explain just how devastating the sexual assault of your loved one is.
We seek the following current and future damages:
- Medical expenses including emergency care, sexual assault counseling, hospital care, physician visitation, rehabilitation, medications, and any other medical costs
- Daily physical pain
- Daily emotional suffering which is often crushing
- The loss of the elderly victim’s honor, hope, and quality of life
We normally also seek punitive damages in cases of sexual assault.
Do you have a New Orleans sexual abuse of the elderly lawyer near me?
Sexual abuse of seniors is life-shattering. At Garcia & Artigliere, our New Orleans sexual abuse lawyers work aggressively to end the abuse, notify the proper authorities, file complaints, seek compensation, and fight to restore the elderly resident’s dignity. Call us today for help.
Contact Garcia & Artigliere in Louisiana now if you or a loved one was sexually abused
Garcia & Artigliere works relentlessly to hold anyone who sexually abused or failed to stop sexual abuse liable for the harm to your loved one. To help your loved one obtain civil justice, call or contact our offices now to schedule a free, case evaluation. Our seasoned elder care lawyers represent seniors across America maintain additional offices in Los Angeles, Long Beach, Louisville, and Phoenix. There are no upfront charges. We only receive payment if the victim of sexual abuse or their family receives payment. Call for help now.
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