[NY] What actions can stop a nursing home resident from grabbing and attempting to sexually assault me during visits?

NY Criminal Law

Legal Eagle

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Short answer:

You can take both immediate and long-term legal action to stop this man from approaching or touching you again. Nursing homes have a legal duty to protect visitors from assault and unsafe residents.

In New York, you can request a restraining order, file a police report, and file formal complaints with state oversight agencies.

Long answer:

You’ve already reported the behavior to staff, which was the correct first step. However, since the resident continues to encounter you in the hallways, the nursing home may not be doing enough to protect you.

A nursing facility has a legal responsibility to maintain a safe environment for residents and visitors. Simply moving the resident to another wing may not be sufficient if he can still access common areas during your visits.

The facility can implement measures such as:

A written safety plan
Staff escorting the resident away from areas where you visit
Restricting the resident’s movement during visiting hours
Having staff present when you arrive or leave
Scheduling separate hallway access times if necessary

You also have the right to pursue criminal and civil protections.

Steps you can take:

Document every incident: Write down the dates, times, and what happened. Include witnesses such as CNAs or staff members.
Request a written safety plan from the administrator: Ask that the resident be kept completely separated from you during visits.
File a police report: Unwanted grabbing or sexual touching can qualify as forcible touching or sexual abuse under New York law. (NY Penal L § 130.52)
File a complaint with the New York State Department of Health: https://apps.health.ny.gov/surveyd8/facility-complaint-form
Contact the Long-Term Care Ombudsman Program: They investigate nursing home safety complaints.
https://aging.ny.gov/long-term-care-ombudsman-program
Seek a restraining order (Order of Protection): A court can prohibit the resident from approaching or contacting you.

These actions create documentation and force the facility and authorities to address the problem.

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Full Conversation

A resident of the nursing home has been attempting to grab me and sexually assault me when I go to visit my son, who is paralyzed and a resident of the same nursing home. What can be legally done to stop this man from grabbing me and attempting to sexually assault me?

Lexi, Chatbot

I'm sorry to hear that you're experiencing this distressing situation. Have you reported this behavior to the nursing home staff or management?

Yes I have and they moved him to another wing but we still share the hallways.

Lexi, Chatbot

Have there been any previous incidents or complaints regarding this individual that you're aware of?

A CNA told me that he doesn’t like women and curses the CNAs. The head nurse said he is just nasty.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your assault concerns.

Yes.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Have you asked the nursing home to put a written restriction or safety plan in place to keep that resident away from you during visits?

Thank you. I just want to speak to an attorney about my concern.

Legal Eagle

I understand you want to speak with an attorney about your concern. Let's get some more details so I can help you better. Could you tell me which state or region this nursing home is located in?

No I have not.

Legal Eagle

Got it, thanks for letting me know. Have there been any recent incidents with this resident that have made you feel unsafe during your visits?

Yes, yesterday Sunday Oct 6 and Friday Oct 3.

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Also I live in Brooklyn NY and the nursing home is also in Brooklyn NY.

Legal Eagle

I'm so sorry about this situation. I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.

Legal Eagle

Short answer:

You can take both immediate and long-term legal action to stop this man from approaching or touching you again. Nursing homes have a legal duty to protect visitors from assault and unsafe residents.

In New York, you can request a restraining order, file a police report, and file formal complaints with state oversight agencies.

Long answer:

The facility can implement measures such as:

A written safety plan
Staff escorting the resident away from areas where you visit
Restricting the resident’s movement during visiting hours
Having staff present when you arrive or leave
Scheduling separate hallway access times if necessary

You also have the right to pursue criminal and civil protections.

Steps you can take:

Document every incident: Write down the dates, times, and what happened. Include witnesses such as CNAs or staff members.
Request a written safety plan from the administrator: Ask that the resident be kept completely separated from you during visits.
File a police report: Unwanted grabbing or sexual touching can qualify as forcible touching or sexual abuse under New York law. (NY Penal L § 130.52)
File a complaint with the New York State Department of Health: https://apps.health.ny.gov/surveyd8/facility-complaint-form
Contact the Long-Term Care Ombudsman Program: They investigate nursing home safety complaints.
https://aging.ny.gov/long-term-care-ombudsman-program
Seek a restraining order (Order of Protection): A court can prohibit the resident from approaching or contacting you.

These actions create documentation and force the facility and authorities to address the problem.

Thank you for the information. It is very helpful. I am going to try and talk with the social worker today. Should I tell her the actions I will be taking or not?

Legal Eagle

Sure thing! It is generally a good idea to inform the social worker about the actions you plan to take. This lets the facility know how serious the situation is and may encourage them to implement stronger safety measures right away.

Ok I will inform the social worker about the action I will be taking. Thank you for the outstanding legal advice. Have a wonderful day and thanks again.

Legal Eagle

Thank you so much for contacting us! We're happy to help whenever you need it.

Legal Eagle

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