Nursing home abuse impacts more Portland seniors than you might realize. To make matters worse, some nursing home residents are unable or unwilling to report their abuse. In all likelihood, the rate of abuse among seniors is much higher than reported.
Nursing home residents deserve to be treated with dignity. Unfortunately, far too many seniors face abuse and neglect in facilities that do not meet their basic needs. When abuse happens, Ben Crump Law, PLLC is ready to help.
If you or a loved one have experienced abuse in a nursing home, you have a right to seek legal guidance. Call (800) 712-9119 to schedule a free consultation.
Types of Nursing Home Abuse
Not every allegation of nursing home abuse is alike. Abuse can come in many forms, with implications for a resident’s physical, mental, or financial wellbeing. Common forms of nursing home abuse include:
- Physical Abuse: Physical abuse is common in a nursing home setting. This form of abuse involves any sort of physical harm or violence directed at a resident. Examples include kicking, biting, slapping, or punching the victim. What’s more, physical abuse also includes the unnecessary use of physical or chemical restraints.
- Mental Abuse: Some forms of abuse do not leave physical scars on the body of a nursing home resident. That does not mean that mental abuse is not impactful. Examples of mental abuse include berating, ignoring, or intimidating a resident in an effort to cause fear or unhappiness.
- Financial Abuse: While nursing home residents retain the right to manage their financial affairs, that does not mean they are not a target for fraud or abuse. Financial abuse could include something as simple as the theft of an item or as complex as a fraudulently re-written will.
- Sexual Abuse: Some nursing home residents lack the capacity to consent to sexual activity. Unfortunately, many of these residents suffer sexual abuse at the hands of their caretakers. Any non-consensual sexual act could result in a sexual abuse claim.
- Neglect: Neglect is one of the most damaging forms of nursing home abuse. It occurs when a caretaker fails to meet the basic needs of a nursing home resident. This neglect could be intentional, or it could occur due to the facility’s failure to provide the resources necessary to ensure the resident’s care.
For a free legal consultation with a nursing home abuse lawyer serving Portland, call (800) 712-9119
Signs of Nursing Home Abuse
The problem of nursing home abuse will not go away on its own. In fact, abuse could become a much larger problem as the population ages. According to the National Center on Elder Abuse (NCEA), the number of people over the age of 65 could double by 2050. During that same time period, the number of people over the age of 85 could triple.
Given the increasing risk of abuse, it is important that the family of elderly nursing home residents keep careful watch of their loved ones. Understanding the signs of nursing home abuse is one of the first steps to take when ensuring the health and safety of an aging family member. Some of the common signs of nursing home abuse include:
- Bedsores
- Broken bones
- Cuts and bruises
- Malnutrition
- Unexplained personality changes
- Rapid weight loss
- Unsanitary conditions
- Unexplained sedation
If you notice any of these warning signs, your first step should be to secure the health and safety of your loved one. Your next step should involve a discussion with a Portland nursing home abuse lawyer.
Portland Nursing Home Abuse Lawyer Near Me (800) 712-9119
Time Limits for Filing an Abuse Lawsuit
A claim for compensation resulting from allegations of nursing home abuse must comply with the statute of limitations. The statute of limitations is the legal deadline that exists in every state. It requires plaintiffs in a lawsuit to file their claim within a set amount of time or risk missing out on their chance to recover compensation for their injuries.
In Portland, the statute of limitations for a nursing home abuse claim is covered by Oregon Revised Statute (ORS) §12.110. According to the statute, a plaintiff pursuing an injury claim based on nursing home abuse has two years from the date the abuse occurred to file a lawsuit. The primary exception is in cases where the nursing home resident dies due to the abuse. In those cases, the family has three years to file their wrongful death claim.
The consequences of failing to comply with this legal deadline are steep. The court has the power to dismiss the case with prejudice, even when the evidence in support of the underlying claim is strong. While there are limited exceptions that could pause the statute of limitations, it is never recommended to assume they will apply in your case. Your best chances of financial recovery start with hiring an experienced injury lawyer.
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Discuss Compensation for Your Nursing Home Abuse Injuries
If you suspect your loved one has suffered abuse at the hands of their caretakers, your first responsibility is to ensure their safety. Once you have taken steps to address the safety and security of your loved one, it could be in your best interest to pursue legal counsel from an experienced Portland nursing home abuse lawyer.
The attorneys of Ben Crump Law, PLLC can pursue your case in order to help you seek your financial recovery. Call (800) 712-9119 to discuss your claim during a free consultation as soon as possible.
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