A 73-year-old woman was reportedly sexually assaulted by a caregiver at the Emeritus at Dunwoody Senior Care Facility on Thursday, October 2, 2014.
According to the Sandy Springs Patch, an elderly woman was alleged to have been sexually assaulted by a caregiver while residing at the Emeritus at Dunwoody Senior Care Facility on South Johnson Ferry Road in Sandy Springs. It is unclear whether the purported caregiver was employed by the facility or hired privately for the victim.
Police have now reportedly arrested the caregiver in connection with the alleged assault.
Our Legal Take
The Murray Law Firm works tirelessly to protect victims of nursing home 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: Emeritus at Dunwoody Senior Care.
Was the assailant an employee of Emeritus at Dunwoody or an outside care provider? What screening procedure was performed by the employer prior to his hire? How frequently are criminal background checks performed on employees by the employer?
Was the caregiver allowed access to the victim’s room without other staff members present? Where was Emeritus staff at the time of the assault? What screening procedures are in place to monitor and track employee access to resident rooms? How frequently are wellness checks performed on residents?
As the details of this assault continue to emerge, the victim and her family may seek to hold the owner and management of Emeritus at Dunwoody civilly liable. Additional claims may also be filed with any outside care providers involved, should their negligence or lack of screening procedures have contributed to this alleged assault. Under Georgia law, property owners have a duty to protect residents from any foreseeable harm. This duty is paramount when serving disabled or senior residents who may not be able to protect themselves.
Should the owner and management of Emeritus at Dunwoody have failed in their duty to protect the victim of this attack, they may be held civilly liable for her injuries and suffering. Claims of this magnitude, potentially in the millions of dollars, will, most importantly, demand the facility reevaluate security measures, including staff screening and access to resident rooms. Perhaps, through such claims, many others may be spared such unconscionable abuse.
The victim and her 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 nursing home 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.