GOODYEAR, AZ — The attorney of a patient who says she was sexually assaulted at a long-term care facility is sharing new details and accusing the facility of an “egregious lack of care.”
In a statement, attorney Travis Davis said the patient was admitted to Palm Valley Acute Care on September 21 of last year.
She “immediately became a victim” of a nursing assistant, he said. It started with unwanted touching and compliments. It soon turned into forcible rape, Davis said.
He said the patient approached two different administrators at the facility for help but nothing was done to stop the sexual violence.
The patient suffered “life-altering injuries,” as a result, he said.
ABC15 reached out to Palm Valley for comment but has not yet heard back.
In a previous statement, Palm Valley officials said they began investigating on September 28. But at that time, the investigation didn’t uncover any evidence of inappropriate behavior between the patient and the nursing assistant, they said.
“The Dept. of Health Services investigated on Oct. 31 and found the claims unsubstantiated as well. The department returned weeks later for a second investigation, after the former patient filed a complaint with local law enforcement, and at that time the department issued four citations. It was at that time as well that the former employee was suspended, and then terminated,” the statement from Palm Valley said.
Palm Valley officials said they cannot provide more information about the former patient or investigation specifics because of privacy restrictions.
“We regret that the situation has occurred, as our patients’ care and wellbeing are always our top priority. We will continue to cooperate with the authorities as they complete their investigations,” the statement said.
ABC15 reported earlier this month about an Arizona State Board of Nursing investigation into the employee. The board said they received complaints in November from the Arizona Department of Health Services (ADHS) and staff at the facility, alleging the employee had sex with a patient.
Nursing board documents say the nursing assistant later voluntarily surrendered his certification following allegations of impregnating a patient at Palm Valley.
ADHS conducted its own investigation last year. The patient told state inspectors the employee raped her 15-20 times. That investigation prompted ADHS to issue multiple citations, saying the facility failed to immediately report allegations of sexual abuse to the state, failed to thoroughly investigate, and failed to implement policies to protect a resident.
In the ADHS report, inspectors say the staffer was not suspended until November 13, weeks after the allegations were initially made. One facility official admitted to state inspectors that the facility “could have done a better job and could have dug deeper on the incident,” according to the report.
ADHS required Palm Valley to make several changes, including staff training. The state agency followed up by fining Palm Valley $2,000 earlier this month.
Goodyear police tell ABC15 it has submitted charges to the Maricopa County Attorney's Office for charging. The recommended charges are for sexual assault and unlawful imprisonment.
The allegations are upsetting to one patient advocate.
“We want to do everything possible to prevent this from happening to another person,” said Dana Kennedy, state director for AARP Arizona.
She’s working to help pass House Bill 2653. The bill in the Arizona Legislature would boost fines for violations. It would also provide other patient protections, such as allowing web cameras in rooms.
Email ABC15 Investigator Anne Ryman at: anne.ryman@abc15.com, call her at 602-685-6345, or connect on X, formerly known as Twitter, and Facebook.
