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Nursing Home Liability for Sexual Assault: Duty to Protect and Report, Standards, Defenses, and Damages

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 10, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss when a nursing home, long-term care, or other healthcare facility can be liable for sexual abuse that happens to a resident or patient. The program will explore the duty to report and investigate, what defenses may be raised and which ones may be more likely to succeed, and the problem of understaffing. The panel will discuss how to obtain evidence of this type of abuse as well as criminal and civil remedies.


Sexual abuse in nursing homes may be committed by staff, other residents, or even criminals who have broken into the facility. In addition to the abuser, the nursing home, its corporate owners, and any individual with a duty to report or prevent abuse are potentially criminally and/or civilly liable.

Any sexual act done by force, threat, or even by taking advantage of a resident's incapacity is actionable and may result in criminal or civil liability. Many of the residents in nursing homes may have physical or mental disabilities that compromise or prevent them from defending themselves from an assault or giving consent.

Facilities are obligated to train and supervise employees so that this type of horrible abuse cannot and does not happen. A nursing home may still be liable even if it was not directly at fault if it has engaged in negligent hiring, training, or retention.

Listen as this experienced panel discusses claims, defenses, statutes of limitation, damages, and other issues that are involved in determining if a nursing home or other healthcare facility can be liable for sexual abuse that happens to a resident or patient.



  1. Causes of action
  2. Statutes of limitation
  3. Insurance considerations
  4. Common defenses
  5. Damages


The panel will discuss these and other critical issues:

  • Can institutions be liable if they did not know of prior bad acts or propensities?
  • What happens if the abuse is discovered after the victim has died or moved out of the facility?
  • How are parallel criminal and civil suits to be navigated?
  • When is potential abuse foreseeable?


Fisher, Gillian
Gillian A. Fisher

McGivney Kluger Clark & Intoccia

Ms. Fisher's practice includes talc and asbestos products liability/toxic tort, medical malpractice, and...  |  Read More

Peters, Samantha
Samantha L. Peters

Paulson & Nace

Ms. Peters focuses her practice in the areas of medical malpractice, personal injury, wrongful death, and other...  |  Read More

Terry, David
David W. Terry

Founding Attorney
Terry Law Firm

Mr. Terry is the founder and lead attorney at Terry Law Firm, a law firm that focuses exclusively on nursing home abuse...  |  Read More

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