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Nursing Home Abuse
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Case Details
Our client, a patient requiring complete care in a nursing home, was sexually assaulted by a staff member. The incident was witnessed by a CNA who failed to intervene or report it immediately. The assailant was later convicted of rape. After a jury verdict against the nursing home, the case was appealed and later settled for the verdict amount.
Additional Notes
Initially a jury verdict, the case was appealed and later settled for the verdict amount. Employers are only responsible for intentional acts of their employees if the employee is in the course and scope of employment when committing the act. The Supreme Court of Virginia remanded the case for a new trial.