Police have reportedly arrested a 30-year-old BNO Services caregiver accused of sexually assaulting a mentally disabled patient Friday, October 10, 2014.
According to the Columbus Ledger-Enquirer, a staff member witnessed a female BNO Services caregiver sexually assaulting a mentally disabled patient. Police were called after the caregiver was allegedly seen placing a disabled patient’s hand on her breast while inappropriately touching his inner thigh area.
The accused caregiver was reportedly responsible for transporting the 51-year-old male patient to doctors appointments. Per media reports, she apparently announced her intention was to “calm him down.”
The caregiver is now facing charges. Investigators have not revealed whether the alleged abuse has been ongoing or if any other patients have been victimized under her care.
Our Legal Take
The Murray Law Firm works tirelessly to protect victims of assisted living facility abuse and negligence. While the firm is relieved to learn the alleged assailant is in police custody, they are questioning whether another party may also hold responsibility in this unconscionable assault: BNO Services.
What screening procedures and criminal background checks were performed by BNO Services prior to the caregiver’s hire? What medical training and certifications did the employee earn prior to her hire? Were these qualifications verified?
What additional professional training did BNO Services provide prior to allowing the employee to transport and care for their disabled patients?
Do company policies allow employees unsupervised access to patients? What monitoring procedures were in place to protect patients and oversee care? Are surveillance cameras in place both inside facilities and vehicles?
As the details of this sexual assault continue to emerge, the victim and his family may seek to hold the owner and management of BNO Services civilly liable. Under Georgia law, care providers have a duty to protect patients from any foreseeable harm. This duty is paramount when serving physically or mentally disabled residents who may not be able to protect themselves.
Should the owner and management of BNO Services have failed in their duty to protect the victim of this sexual assault, they may be held civilly liable for his injuries and suffering. Claims of this magnitude, potentially in the millions of dollars, will, most importantly, demand the BNO Services reevaluate security measures, including staff screening, training and access to patients. Perhaps, through such claims, many others may be spared such unconscionable abuse.
The victim and his family should retain an experienced premises liability firm without delay to ensure all evidence, such as surveillance footage, is preserved and their best interests are protected.
The Murray Law Firm has extensive experience in protecting victims of assisted living facility abuse and negligence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.