Florida Sexual Assault Injury Lawyer

If You Are a Survivor of Healthcare Sex Abuse, We Can Help

Sexual assault within the context of a hospital, nursing home, or another healthcare facility can leave survivors with severe physical and emotional injuries. Such places should be safe for those in need of medical care, and healthcare professionals should never take advantage of their positions of authority to abuse their patients.

We at Burnetti, P.A. can provide the legal support you need to seek compensation for healthcare-related sex abuse. You can pursue—and win—damages for sexual assault even if your abuser wasn’t charged or convicted of a crime. With civil legal action, we can help you demonstrate that the defendant and/or an institution such as a hospital or nursing home are responsible for your sexual assault injuries, and you are entitled to compensation from them.

Rest assured that our compassionate sexual assault injury lawyers in Florida are committed to helping our clients seek the best possible outcomes.

For more information, call (888) 444-8508 today and request a free initial consultation.

What Is Considered Sexual Assault in Florida?

Sexual assault in Florida is not just a criminal offense; it also has significant implications for survivors seeking justice through personal injury claims. Understanding what constitutes sexual assault under Florida law is essential for those pursuing compensation for their injuries.

The following actions are legally considered sexual assault in Florida:

• Non-consensual sexual contact: Any unwanted sexual touching or activity without the explicit agreement of the survivor.
• Rape or sexual battery: Forced sexual intercourse or penetration, which can involve threats, physical force, or exploitation of the survivor's vulnerability.
• Coercion into sexual acts: Pressuring, manipulating, or using authority to compel someone into sexual activities against their will.
• Assault during incapacitation: Engaging in sexual activities with someone who is unable to consent due to intoxication, unconsciousness, or mental incapacity.

Survivors of sexual assault at a healthcare facility have the right to seek compensation for the physical and emotional harm they suffer. Filing a personal injury claim can be a crucial step in the healing process, offering financial support and a sense of closure—especially if the criminal justice process failed to get it right.

Who Is Responsible for Sexual Assault in a Healthcare Setting?

Any licensed healthcare professional or employee, along with the companies, institutions, or organizations that employ them, may be held liable in a sexual assault injury claim.

Establishing liability requires proving that the defendant owed a duty of care to the survivor and breached that duty, directly leading to the harm suffered. Determining liability for sexual assault in a personal injury claim in Florida involves identifying the parties responsible for the harm caused to the survivor. Liability can extend beyond the perpetrator of the abuse to include third parties who may have contributed to or failed to prevent the abuse.

In the context of healthcare sexual abuse, liable parties can include the following:

• Hospitals
• Nursing homes
• Juvenile facilities
• Doctors
• Nurses
• Administration staff

This isn’t a comprehensive list of individuals or entities that may be liable. Companies that operate negligent facilities or employ anyone responsible for the sexual abuse may also be liable as third parties. Consulting with our sexual assault injury lawyers in Florida can help you understand the extent of liability in your claim and who may be held to account.

Recognizing the Signs of Sexual Abuse in a Hospital, Nursing Home, or other Medical Facility

Sexual abuse in hospitals and nursing homes is a deeply troubling issue that often goes unnoticed due to the vulnerability of the victims involved. Patients in these settings may be unable or unwilling to speak out, whether due to physical or cognitive limitations, fear of retaliation, or a lack of trust in the institution.

Recognizing the signs of sexual abuse is crucial for family members to protect and advocate for the well-being of those in care.

Evidence of sexual abuse may include the following:

• Unexplained bruises, especially around the thighs, genitals, or breasts.
• Sudden changes in behavior, such as withdrawal, agitation, or depression.
• Fear or anxiety around specific staff members or other residents.
• Difficulty sitting or walking, which could indicate physical trauma.
• Torn, stained, or bloody undergarments.
• Infections or sexually transmitted diseases that can’t be explained.
• Reluctance to be alone with certain individuals.
• Sudden onset of panic attacks or other psychiatric symptoms.
• Unexplained injuries in sensitive areas, such as the genital region.
• Attempts to escape the facility or verbalized desire to leave without clear reasons.

Being vigilant and aware of these signs can make a significant difference in ensuring the safety of patients in hospitals and nursing homes. If you suspect sexual abuse, it's important to take immediate action by reporting your concerns to the appropriate authorities.

Proving a Sexual Assault Injury Claim

Proving a sexual assault injury claim requires presenting evidence that the assault is more likely to have occurred than not and directly harmed the survivor. Although this is a lower standard of evidence compared to criminal procedure, the process is still complex.

Key elements in proving a sexual assault injury claim can include:

• Medical records: Documentation of injuries sustained during the assault, including hospital visits, forensic examinations, and any follow-up treatments.
• Witness statements: Testimonies from individuals who may have witnessed the assault or can corroborate the events leading up to it.
• Psychological evaluations: Reports from mental health professionals that detail the emotional and psychological impact of the assault on the survivor.
• Physical evidence: Any physical items such as clothing, DNA evidence, or photographs that support the claim.
• Documentation of the assault: Police reports, restraining orders, or other official records confirming the incident occurred.

Our experienced sexual assault injury lawyers in Florida at Burnetti, P.A. have what it takes to provide the legal advice and services you need to build a strong case. With our assistance, you can present a compelling case that highlights the defendant’s liability for your injuries.

Don’t Wait to File Your Claim

In Florida, the statute of limitations for filing a personal injury claim is generally 2 years from the date of the injury. This means that if you were injured due to sexual assault, you have two years to initiate legal proceedings to seek compensation. In some instances, the Statute of Limitations period is longer. It’s crucial to consult with a legal professional as soon as possible to ensure that you file your claim within the appropriate time limit.

Contact Us for Legal Assistance

If you or a loved one is a survivor of sexual assault by a healthcare worker, our experienced legal team at Burnetti, P.A. understands the profound impact this event can have on your life, and we are committed to providing compassionate and comprehensive support throughout the legal process.

We will work tirelessly to investigate your claim, gather the necessary evidence, and build a strong case to help you secure the compensation you need for your physical and emotional injuries.

Contact our sexual assault injury attorneys in Florida today to learn more.