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 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.
Outline
- Causes of action
- Statutes of limitation
- Insurance considerations
- Common defenses
- Damages
Benefits
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?
Faculty
Gillian A. Fisher
Partner
McGivney Kluger Clark & Intoccia
Ms. Fisher's practice includes talc and asbestos products liability/toxic tort, medical malpractice, and... | Read More
Ms. Fisher's practice includes talc and asbestos products liability/toxic tort, medical malpractice, and general liability cases. Over her 27+ year career, she has defended hospitals, nursing facilities and physicians in medical malpractice claims arising in numerous medical specialties, including obstetrics, infectious diseases, geriatrics, cardiology, transplant, general surgery, orthopedics and plastic surgery. Ms. Fisher has also represented clients in Intellectual Property and Entertainment law, including review and negotiation of contracts, negotiating disputes related to wages and discrimination, and handling issues concerning the rights of privacy and publicity.
Close
Samantha L. Peters
Attorney
Paulson & Nace
Ms. Peters focuses her practice in the areas of medical malpractice, personal injury, wrongful death, and other... | Read More
Ms. Peters focuses her practice in the areas of medical malpractice, personal injury, wrongful death, and other negligence claims. She has been named to The National Trial Lawyers: Top 40 Under 40 list, and earned a spot on Top Verdict’s “Top 100 Medical Malpractice Verdicts in the United States” in 2019.
Close
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
Mr. Terry is the founder and lead attorney at Terry Law Firm, a law firm that focuses exclusively on nursing home abuse and neglect cases. He is a nationally recognized lawyer who has been pursing justice for those who have been abused and neglected by the nursing home industry for over twenty years. Mr. Terry is licensed in five states and has spent most of his career handling nursing home abuse and neglect cases all over the United States, although he now focuses his practice in Missouri and Illinois. He is “AV” rated by Martindale-Hubbell, a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum and has been recognized as a member of the Nursing Home Trial Lawyers “Top 10” list by the National Trial Lawyers Association. Mr. Terry has also received several Avvo Top Attorney awards for nursing home abuse and neglect cases.
Close