The legal guardians of a a comatose nursing home resident who was molested by a licensed practical nurse at a Virginia facility have filed a nursing home negligence lawsuit against the facility in Norfolk Circuit Court.  The lawsuit alleges officials at Chesapeake Health and Rehabilitation should have known the nurse, Mark S. Albright, was prone to to such behavior.  The lawsuit seeks $29 million in damages.

Police say another nursing home employee reported that Albright put his mouth on the victim's breast. In November, Albright pleaded guilty to aggravated sexual battery.  Currently, he is serving six months in prison.  

Family Sues After Comatose Nursing Home Patient Sexually Assaulted By Nurse, FOXNews.com May 28, 2009

How strong is the case against the facility?

Without having access to the criminal investigative file, it is difficult to assess the strength of the case against the facility.  In order to recover damages for abuse such as this, it is essential to show the facility knew or should have known of Nurse Albright's criminal tendencies.  Absent, this knowledge or the facilities failure to do an adequate pre-employment screening of Albright, the case against the facility could be difficult.

About Chesapeake Health and Rehabilitation

Chesapeake Health and Rehabilitation Center is a 240-bed facility in Chesapeake, Virginia. According to government officials, the facility was worthy of just one out of five stars in a vital 'nursing home staffing' category.  On a daily basis, residents at Chesapeake received less time with nurses than similarly situated nursing home residents in Virginia as well as a nationally.  According to the Medicare website:

• Residents received 1 hour, 16 minutes of time spent with a licensed nurse per day
• Registered nurses spent just 17 minutes per day with each resident
• CNA's spent just 1 hour, 49 minutes per resident- more than 30 minutes less than the national average