Nursing home neglect as we know, is rampant in our nation's facilities and seemingly on the rise. Recent studies show that in addition to negligence, sexual and physical abuse of elderly patients in nursing homes and convalescent homes is also increasing. In many cases, these incidents occur because of understaffing, lack of proper supervision and improper screening of employees.

Serious Sexual Assault Charges

This week, the Contra Costa Times reports that 56-year-old Julio Mestre has been charged with numerous felonies in connection with the molestation of two women who share a room at Creekside Health Care Center in San Pablo. The charges against Mestre include sexual assault against a disabled person, elder abuse, sexual battery and burglary. Mestre is registered sex offender because of a 2005 conviction. He pleaded guilty to sexual assault charges then for assaulting a woman in her hospital bed.

Mestre apparently visited the nursing home regularly to help his wife deliver Holy Communion to seniors as part of the local Catholic Church's program. He is now accused of sexually assaulting at least two patients there. One of the incidents occurred May 9 when Mestre allegedly assaulted a 66-year-old woman. An attendant found Mestre and took him to a nurse's station and went to call police. But Mestre was gone when he returned. Police and prosecutors say they are also looking into why they never heard about these assaults although the victim said she reported it to staff at the time. Mestre was arrested when he was recognized as he returned to the nursing home in connection with church activities.

Nursing Home's Responsibilities

This story is yet another example showing that nursing home residents are not safe in the confines of the facility. In addition to suffering catastrophic injuries as a result of falls or medication errors, they could also become victims of sexual and physical abuse. A U.S. Government Accountability Office (GAO) report in 2006 found that at least 700 registered sex offenders live in nursing homes and care facilities across the country. The problem here is that the law is not very clear in requiring that nursing homes inform residents and their families about these sex offenders.
Some states require that schools, churches or neighborhoods be notified when sex offenders move in to an area, but few specify that nursing homes or residents be informed when a sex offender is admitted. The GAO report looked at laws in eight states and found that 50 percent did not mandate that nursing home operators or residents be notified about sex offenders who move in. Another GAO report stated that sexual abuse in nursing homes is underreported because sometimes the victims have diseases such as dementia and other times, they fear retaliation.
It is important that nursing home abuse victims and their families understand their rights. The nursing home is responsible not only for health care, but also for the safety and security of its residents. Nursing home administrators must keep track of who is being allowed into their facilities. All employees must go through rigorous background checks. It is appalling that this nursing facility allowed a registered sex offender to come in every week to give Communion to residents! If your loved one is a victim of nursing home abuse, please contact an experienced San Francisco personal injury lawyer to find out more information about your legal rights and options.

What are some of the red flags you would look for in a nursing home where you have placed a loved one?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.