Finding out that your loved one is treated badly in their nursing home, is shocking and upsetting. You may not know what to do for the best. Sadly, nursing home abuse is relatively common, according to a study published in Elder Mistreatment: Abuse, Neglect and Exploitation in an Aging America. However, it is also illegal, and you may be able to hold a nursing home accountable for what happened to your loved one.
Your Hollywood nursing home abuse lawyer can advise you and determine whether you have a case. Call Ben Crump Law, PLLC now, and tell us what happened at 800-959-1444.
Types of Nursing Home Abuse
There can be many types of nursing home abuse, and some are harder to detect than others. Mistreatment of nursing home residents includes:
Physical abuse means causing intentional bodily harm to a victim. In the nursing home, physical abuse can include rough handling as well as hitting, kicking, and pushing. It can also include unwarranted restraint. Physical abuse potentially causes devastating injuries to the elderly such as fractures, bruises, head and brain injuries, and others.
When you suspect physical abuse, pay close attention to where your loved one’s injuries are. According to The Journal of Emergency Medicine, injuries from physical abuse are typically located on the head, neck, and upper torso area, as well as on the hands and arms.
Perhaps the most egregious and shocking of all crimes against defenseless elderly nursing home residents is sexual abuse. This can include unwanted nudity, taking photographs and videos of a sexual nature, and any sexual contact without consent.
If your loved one has any STDs, or bruising in the genital and breast area, or a new problem with sitting and walking, they might suffer from sexual abuse in their nursing home.
Emotional and Verbal Abuse
Emotional abuse can be extremely damaging to a senior and can include humiliating the resident, calling them names, isolating them, and intimidating them, for example.
Emotional abuse may be difficult to detect as it typically does not leave signs on the body. If you suspect your relative suffers from emotional or verbal abuse, pay attention to the following symptoms that can point to this type of abuse:
- Change in personality
- Withdrawing from social activities
- Avoiding certain caregivers
Emotional abuse can be as bad as physical abuse and severely reduce a nursing home resident’s quality of life.
Your loved one should be safe and protected in their nursing home, and this also extends to their finances. However, sometimes elderly residents suffer from exploitation in nursing homes. Signs of financial exploitation include missing valuables, suddenly unpaid bills, and unexplained bank withdrawals or purchases.
Other Forms of Neglect and Abuse
Unfortunately, there can be many other ways in which elderly and defenseless nursing home residents may suffer from abuse in a nursing home. They could be suffering from general neglect, for example, not getting adequate help with daily tasks such as eating, drinking, and personal hygiene. They could also suffer from medical neglect and medication errors.
It is important to note that any abuse and neglect, whether physical, emotional, or financial, is illegal, and you could hold a nursing home to account for any medical bills or other expenses you incurred in relation to the abuse. Contact your Hollywood nursing home abuse lawyer as soon as possible for more information.
For a free legal consultation with a nursing home abuse lawyer serving Hollywood, call 800-712-9119
Laws Governing Nursing Homes
Fortunately, nursing homes are bound by federal and state laws and have a number of responsibilities relating to the quality of their care. This includes keeping residents free from any abuse and neglect. The Nursing Home Reform Act, 42 U.S. Code § 1395i–3, for example, specifically states that residents have the right to be “free from physical or mental abuse.”
The state of Florida also has specific laws and regulations in place in order to stop abuse and neglect in nursing homes under Florida Statutes Chapter 400. Nursing homes can be given citations and fines for non-compliance. They could even face getting shut down for severe failures in care.
Since nursing homes are heavily regulated, they can be held responsible if they fail to provide adequate care and fail to keep your loved one safe from abuse and neglect. A Hollywood nursing home abuse lawyer knows the applicable laws and can help you understand whether you have legal recourse.
Hollywood Nursing Home Abuse Lawyer Near Me 800-712-9119
Nursing Home Liability
When your loved one moves into a nursing home, it is with the understanding that your relative will have their daily needs catered to, and is safe in the home at all times. Nursing homes have a duty of care towards your relative, and the responsibility to ensure the safety and well-being of all residents. You can potentially hold a nursing home to account if they fail in this responsibility. Ways in which a nursing home can be negligent include:
- Failure to hire enough staff
- Inadequate training of staff
- Inadequate background checks of new staff
- Inadequate security at the home
- Failure to provide adequate medical care
- Failure to protect residents from abuse
There can be other ways in which a nursing home can be responsible for your loved one’s suffering, and this can also include abuse by any third party, such as visitors to the home.
We Can Help
If your loved one suffered from nursing home abuse, whether physical or emotional, you could potentially hold the nursing home to account for your relative’s suffering and injuries. You could also potentially receive compensation.
While no two cases are the same, and compensation depends on the injuries and financial damages you may have incurred, you could receive compensation for medical bills, medical devices, and emotional as well as physical pain and suffering, among other damages. You could also potentially receive punitive awards. The key is to act as quickly as possible after the abuse has occurred, to ensure that evidence and important witnesses do not “disappear” over time.
You do not have to accept nursing home abuse and neglect. We can help you with all aspects of a claim against a nursing home. Call Ben Crump Law, PLLC today for a free evaluation of your case at 800-959-1444.