Families who hire an in-home care company trust trained staff to keep their loved ones safe. That means inviting a stranger into the home to provide care for a family member who needs help. When a caregiver breaks that trust, the consequences can be devastating and lasting.
In this case, a care company’s employee ignored her employer’s rules, put her own errands ahead of her client’s safety, and left a vulnerable woman alone with a man who then sexually assaulted her. The Townsley Law Firm represented her and recovered a settlement of more than $825,000.
One caregiver’s shortcuts created danger when our client needed protection
Our client lived with mental illness and an intellectual disability. Her records showed that these conditions impaired her judgment and insight and left her without impulse control. In practical terms, she could not always recognize danger or protect herself from people who wanted to take advantage of her. She was especially vulnerable to manipulation and undue influence by others.
To keep her safe, a home-based care company employed Personal Care Attendants who helped with her “activities of daily living,” often called ADLs, and provided her with 24-hour supervision. ADLs are the everyday tasks, like bathing, dressing, and eating, that a person must manage to live safely. The caregiver working her day shift was responsible for her. That responsibility was not a formality. The caregiver had a duty to protect her from herself and from others who might take advantage of her.
On the day of the assault, our client’s assigned caregiver ignored her employer’s policies and brought her male partner with her to her shifts. She then took our client away from her home in a vehicle with the man, so she could run a personal errand. Each choice pulled our client further from the safe, supervised setting that 24-hour in-home care is supposed to provide.
Then came the decision that changed our client’s life. The caregiver left our client alone in the car with the man while she tended to her own business. He drove the car to a remote location and sexually assaulted her.
Care companies set rules for their workers because the people receiving care often cannot protect themselves. Rules about who may come along on a shift, where a client may be taken, and when a client may be left alone are not paperwork. Those rules are the safety net.
In this case, the safety net failed. The company failed to develop, implement, and follow the written policies required of home and community-based service providers, and failed to make sure its caregiver was properly trained on them. Even if proper policies existed, the caregiver breached the standard of care when she ignored them. A company that sends caregivers into the homes of vulnerable people must answer for what happens when those caregivers abandon the rules.
The harm reached far beyond a single day
Sexual assault is traumatic for anyone. After the assault, our client’s PTSD, anxiety, depression, and bipolar symptoms all worsened.
Her conditions did not begin with the assault, but the assault made each of them harder to manage. A pre-existing condition does not excuse harm. When someone makes a person’s existing condition worse, that worsening is a real injury that deserves compensation.
The care company’s failures caused our client severe pain, mental anguish, and a decreased quality of life, and forced her to endure an avoidable, life-changing traumatic event. No amount of money can undo that event, but it does help a survivor pay for the treatment and support she needs going forward. It also tells care companies that cutting corners with vulnerable clients carries a cost.
Warning signs families should watch for
Many families use in-home care without ever having a problem. Neglect and abuse do tend to leave clues, though, and catching them early can prevent serious harm.
Unfamiliar people in the home. A caregiver’s friends, partners, or relatives have no place on a shift unless the care plan allows them.
Unexplained trips. Ask where your loved one goes during the day and why. Outings should serve the client, not the caregiver.
Sudden changes in mood or behavior. New fear, withdrawal, agitation, or worsening mental health symptoms can signal that something is wrong.
Fear of a particular person. Pay attention if your loved one avoids a caregiver or someone connected to that caregiver.
Vague answers or missing records. Care logs that are incomplete or inconsistent deserve a follow-up call to the company.
If you suspect neglect or abuse act quickly. If you believe someone is in immediate danger, call 911. Then get your loved one medical and mental health care, which protects their health and creates a record of what happened. Write down what you saw and heard, with dates and times, while your memory is fresh. Report your concerns to the care company in writing and keep a copy. You can also contact your local adult protective services agency. Finally, speak with an attorney before you sign anything the care company sends you.
Vulnerable people deserve a strong voice
People with disabilities and mental illness are easy to overlook when something goes wrong. Some cannot fully describe what happened to them. Others are not believed when they try. Our attorneys investigate, gather the records, and build the case that our clients cannot always build for themselves.
This outcome was not a freak accident. A client with impaired judgment and a known vulnerability to manipulation should never have been left alone with a person who had no role in her care. The caregiver put her own personal needs above our client’s safety, and our client suffered the consequences.
