65-year-old Rosa Woodard suffered an alleged sexual assault while living in a Houston nursing home. Despite acknowledging that Ms. Woodard was unable to consent, the nursing home is blaming Ms. Woodard for the crime allegedly committed against her. Now, her family is seeking justice with the help of Houston medical malpractice attorney Charles Brown.
HOUSTON (PRWEB) May 01, 2019
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| Ms. Rosa Woodard prior to the sexual assault. |
The lawsuit was filed in response to an
alleged sexual assault that occurred while Ms. Woodard was a resident at
Willowbrook Residence and Rehabilitation Center in March 2018.
According to the plaintiffs, Ms. Woodard was allegedly sexually
assaulted by a male resident. The lawsuit alleges that a male resident
was found in Ms. Woodard’s room undressed from the waist down. The male
resident was allegedly forcefully engaging in oral sex with Ms. Woodard.
The plaintiffs allege that Willowbrook was
negligent in protecting residents, which resulted in the alleged sexual
assault of Ms. Woodard. Records indicate that due to her having Stage IV
Parkinson’s Disease and Dementia, that Ms. Woodard was not capable of
consenting to sexual activity.
“The law acknowledges that nursing home
residents have the right to live free of sexual abuse. Ms. Woodard’s
family brought suit to hold Willowbrook accountable for allegedly
violating Ms. Woodard’s rights,” said the family’s nursing home abuse
attorney Charles Brown.
In addition to the alleged sexual assault, the
plaintiff’s claim that Willowbrook leadership and staff made a series
of errors in how they managed the alleged assault. It is alleged that
Willowbrook staff did not take appropriate measures to contact
authorities, get medical treatment for Ms. Woodard, preserve evidence,
or notify her family. The Department of Health and Human Services has
conducted a thorough investigation into these claims, and it is their
opinion that some errors were made.
Willowbrook has responded to the Original
Petition by denying that they violated the standards of care. The
defendant’s Affirmative Defense states that the alleged injuries
sustained by 65-year-old Ms. Woodard, if any, were the result of her
“own acts or omissions.”
The alleged assailant is not named in the
lawsuit, but is facing criminal charges. He is due to appear in court on
July 26, 2019.
Plaintiff’s Family Hopes for Justice
Ms. Woodard’s son and daughter are now looking
to the District Court to review the allegations made against
Willowbrook. If the court finds that the standards of care were, in
fact, violated, the plaintiffs hope that the court will hold Willowbrook
accountable for any such failures and the harm that their mother
allegedly endured.
Ms. Woodard’s daughter stated, “I placed my
mother in Willowbrook believing that she would get the utmost care,
attention, and safety. Instead, my mother suffered. I will not rest
until the facility is held accountable.”
Full Article & Source:
Nursing Home Blames Incapacitated Sexual Assault Victim
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