The Minnesota Department of Health (MDH) has completed its investigation of abuse concerns at the VOA Home Health at Elder Homestead, an assisted living facility in Minnetonka, Minnesota. A complaint was filed with the MDH alleging that the resident was abused when an employee of the facility had sexual intercourse with the client.
The MDH investigated the matter and found that sexual abuse occurred when the employee had sexual intercourse with the resident, during a time when the resident was taken off the secured memory care unit and was left unsupervised by the care provider. The resident, who had a diagnosis of cognitive impairment, initially resided on the assisted-living portion of the facility, but due to incidents of leaving the facility, she was moved to the secure memory care unit of the facility for her safety. The resident was forgetful, had impaired judgment, was disoriented daily and made attempts to leave the memory care unit. The client was supposed to receive 24 hour supervision on the memory care unit.
A staff member left the resident unsupervised in an unsecure location of the facility. Later, when the resident was found, the resident was transferred to the emergency room due to suspicions of sexual abuse. A sexual assault examination was conducted and laboratory samples were taken. The samples identified that semen was present. DNA testing matched the DNA samples of the facilities employee.
The MDH determined that both the facility and its employee are responsible for the sexual abuse of the facility’s resident. [Case no. HL23500004]
Unfortunately, the tragedy of these sexual assaults upon vulnerable residents by their care providers occurs far too often. Click here to learn more about this common betrayal of trust.
The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care, including the failure to protect vulnerable adults from sexual abuse. Click here to learn more about some of our efforts to hold care workers who rape and sexually abuse their patients accountable for their abhorrent conduct.
If you believe your loved one has been harmed due neglect or abuse in a nursing home or other care facility, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.
