Personal Injury Law

Victim of Alleged Sudbury Nursing Home Abuse Sexual Assault Crime Can?t Testify, Says Judge

By Altman & Altman

A Framingham District Court judge won?t let Ruby McDonough testify about allegations she made claiming that she was the victim of Subdury nursing home sexual assault. The 63-year-old woman claims that her former nursing aide, Kofi Agana, assaulted her last year at the Sudbury Pines Extended Care assisted living facility. Another judge then ruled that McDonough, who suffers from expressive aphasia, was incompetent to testify at the trial.

Although the Massachusetts Supreme Judicial Court said the decision violated her rights, Judge Robert Greco says there is no reason for McDonough to take the stand because Agana, who is charged with one count of assault and battery on a disabled person older than 60 and two counts of indecent assault and battery on a disabled person older than 60, is being held in Miami and waiting for deportation.

McDonough?s condition prevents her from giving long answers to questions. However, she can respond to yes or no questions and use gestures to express herself.

According to her Boston lawyer, McDonough has the right to have the incompetency ruling against her overturned because the court did not accommodate her disability. It was just earlier this year that the Supreme Judicial Court ruled that witnesses who are disabled must get the proper accommodations that will allow them to testify in court.

Massachusetts Nursing Home Sexual Assault
Nursing homes are supposed to protect patients from Boston nursing home abuse, neglect, and assault. Unfortunately, there are nursing home workers who continue to abuse their authority over their patients by neglecting them or causing them physical or sexual harm. If your loved one was harmed by a nursing home worker, another patient, or a visitor to the assisted living facility, you should report the incident right away, remove your loved one from the dangerous situation, and explore your legal options.

A few other examples of Boston, Massachusetts nursing home abuse:
? Inappropriate use of restraints
? Overmedication
? Verbal abuse
? Emotional violence

Judge: Sudbury Nursing Home Resident Can't Testify About Alleged Assault, Sudbury Patch, October 28, 2010

Alleged victim in nursing home assault not allowed to testify, The MetroWest Daily, October 28, 2010

Related Web Resources:
Nursing Homes, Mass.gov

Nursing Home Compare, Medicare.gov

Aphasia, National Institute of Neurological Disorders and Stroke

Full post as published by Boston Injury Lawyer Blog on November 10, 2010 (boomark / email).