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Sexual Assault – Nursing Home Case

Many of us have been called to face the often gut-wrenching decision to place a loved one in a nursing home or assisted living facility.

While these decisions are often incredibly difficult, it often offers the safest, best living situation for those unable to care for themselves. Unfortunately, despite our best efforts to ensure our loved one is placed in the best facility for their needs and comfort, it sometimes turns out that the operators of these facilities place profits over people.

Our office recently filed a wrongful death suit against one of those facilities – Oakleaf Village of Toledo. Our client spent a lot of time carefully touring Toledo-area assisted living facilities and talking with their staff about their ability to provide care for his mother. Our client’s mother suffered from progressive dementia, and her ability to walk and care for herself had declined. After researching Oakleaf Village in Toledo, visiting the facility, and talking with their staff about their dedicated memory
care services, our client decided this was the best option for his mother. Management touted their highly trained and qualified staff, state-of-the-art technology to ensure safety, and their friendly, caring community. Our client’s mother settled in, and initially, everything seemed fine from the outside.

However, our client’s mother tragically suffered a serious brain injury from a suspicious fall and subsequently passed away. Records obtained by our firm revealed a disturbing history and pattern of Oakleaf ’s neglect and disregard for her safety, health, and care.

This included not only a long history of falls at the hands of unqualified and/or negligent aides but also a documented sexual assault by another resident – whom Oakleaf knew posed a risk to other residents.

“You have to make neglect and inadequate care of the vulnerable and the dependent unprofitable,” says Boyk attorney Wes Merillat. “Operators of these facilities have control over whom they hire, whom they are putting our loved ones into contact with, and how they prioritize safety.”

If you in any way suspect a loved one is being abused or neglected in a care facility, report the potential mistreatment as soon as possible. It not only can help protect your loved one but also can help prevent future abuse of others.

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