elderly man in a wheelchair

According to the National Center on Elder Abuse, the number of elderly Americans harmed by elder abuse is growing exponentially.  Unfortunately, only a small percentage of cases get reported.  That said, Berkowitz and Hanna LLC is seeing a rise in elder abuse lawsuits and makes it their mission to litigate such cases so that the victims receive the justice and compensation they deserve. In a recent LA County elder abuse case, lawyers for the victim are filing an aggressive lawsuit against a nursing facility, its parent company, and the facility’s administrator for sexual assault and battery, elder abuse, fraud, and negligent hiring and supervision.

The lawsuit alleges that Rudy Rivera, an elderly patient at the North Walk Convalescent Hospital in Norwalk, CA, was sexually assaulted by a male nurse known to have aggression and poor work performance issues.  The suit further alleges that the assault was witnessed by a staff member and reported to facility Administrator Trent Weazer, whereupon no action was taken and, instead, a scheme to conceal the incident was engaged by staff members—including the hospital’s Director of Nursing. The hospital did eventually report the assault to police authorities and the male nurse was fired.

The hospital has allegedly received over 30 complaints since 2011, many of which were substantiated by state inspectors. The complaints included:  inadequate supervision, understaffing, failure to keep areas hazard-free, improper screening and training of employees, and the lack of policies to detect, investigate and report abuse, neglect or the mistreatment/misappropriation of personal property.

Reports Berkowitz and Hanna LLC, Rivera is seeking general and special damages including punitive and exemplary damages, plus attorney’s fees and costs.

Note: Berkowitz and Hanna LLC did not represent any of the parties in this case.

Photo via Foxbusiness.com