Elder abuse is a sad but common occurrence. Recently, an 87-year-old nun suffering from dementia reported that she had been raped at the nursing home facility where she was living. Sister Irene Morissette experienced vaginal abrasions and painful trauma from the attack, and police found 2 semen stains on her bedsheets. However, she was too scared to get help immediately after the rape, waiting until the next morning to report the incident.
The police investigation was unable to reveal the identity of the suspect, so Morissette turned instead to filing a civil lawsuit against the nursing home facility, Chateau Vestavia. However, she was prohibited from doing so. In the admissions contract she had signed a few years earlier, the fine print included a clause that prevented her from suing the facility. Instead, she was forced into arbitration, which is an informal process where an arbiter hears both sides of the argument and makes a binding legal determination without the presence of a jury.
During arbitration, the defense lawyers from Chateau Vestavia undermined the validity of Morissette’s claim, arguing that her injuries and the semen could have resulted from other factors. In the end, she lost the case and was left with nothing but compensation for the hotel room used during the arbitration process.
Our Experienced Nursing Home Abuse Attorneys Can Fight for You
At Jordan Law Center, we are passionate about upholding the rights of injured nursing home residents. If you have suffered abuse or neglect, we can investigate the situation and fight on your behalf. Our Greenville nursing home abuse lawyers will work hard to guide you through the process.
Contact us today for a free consultation.
