The statistics on elder abuse are sad and disturbing. According to the National Institute on Aging (NIA), hundreds of thousands of older Americans suffer from abuse each year. Unfortunately, moving your relative to a nursing home does not protect them from potentially becoming a victim of abuse and neglect.
Nursing home residents with cognitive issues and conditions, such as dementia or Alzheimer’s, are at a greater risk of suffering from abuse, according to the Clinical Interventions in Aging. The journal reports that the majority of abuse cases go unreported.
If you believe that your relative suffered from abuse in the nursing home, contact your Miramar nursing home abuse lawyer as soon as possible. You could have legal recourse and may be able to hold a nursing home to account. Call Ben Crump Law, PLLC today for a free, no-obligation consultation with one of our team. You can reach us at 800-959-1444.
Warning Signs of Abuse in the Nursing Home
Abuse can be notoriously difficult to detect, especially when no physical injuries are present. If your relative is suffering from dementia or another condition that reduces their cognitive abilities, they may not be able to tell you that they suffer from abuse.
Sometimes, a senior may be too ashamed to talk about what happened to them, for example, when they have been sexually abused. You may be able to observe certain signs that could point to nursing home abuse, including:
- Injuries such as fractures, head injuries, and unexplained bruising
- Dehydration and malnutrition
- Stained clothes and bedding, or general lack of personal hygiene and grooming
- Recurrent infections
- Mental changes such as new depression, anxiety, or withdrawing
If you notice any signs of abuse on your loved one, you will want to act quickly and report this to the nursing home staff and local authorities. While it is understandable that your first priority is the safety and well-being of your loved one, remember that nursing home abuse is illegal.
If you or your relative incurred any financial losses due to the abuse, such as hospitalization bills, costs for medical devices, costs for physical therapy, or any out of pocket expenses, you could receive compensation. Your Miramar nursing home abuse lawyer can advise you on your legal options.
Nursing Home Abuse Cases
If your loved one suffered from any type of nursing home abuse, you could potentially file a personal injury lawsuit and receive compensation. If your loved one died as a result of injuries from nursing home abuse, you could file a wrongful death lawsuit.
Nursing homes have a duty of care towards their residents. If they breach the duty of care, and this breach has negative consequences for your loved one, you could hold them financially liable.
What Is Nursing Home Abuse?
Nursing home abuse is mistreatment or lack of care that causes your loved one any injuries, or physical and mental pain. Nursing home abuse can also include financial exploitation. Examples of nursing home abuse include:
- Physical abuse such as kicking, pushing, and rough handling a resident
- Emotional and verbal abuse such as humiliating a resident, or ignoring their requests
- Sexual abuse
- Financial exploitation
- General neglect of a resident’s daily needs
- Medical neglect such as medication errors
Who Perpetrates Abuse in Nursing Homes?
When we think of nursing home abuse, we might immediately jump to the conclusion that a caregiver must be responsible. While this can indeed be the case, there can be other potential perpetrators of abuse in nursing homes, including visitors, other residents, medical providers, and third-party contractors.
It is important to note that generally, the nursing home is responsible for abuse on the premises. So even if a third-party contractor or visitor committed abuse, the nursing home could most likely have taken steps to prevent this, such as adequate security and staffing.
For a free legal consultation with a nursing home abuse lawyer serving Miramar, call 800-712-9119
The Nursing Home Is Responsible
Since the nursing home has a duty of care towards its residents and is generally responsible for any abuse and neglect on their premises, you can potentially hold them liable for any injuries and financial losses resulting from abuse. In order to prove a case, you will have to establish that:
- The nursing home breached the duty of care to your loved one.
- Your loved one has injuries and damages due to the breach.
Nursing homes may be responsible for abuse in different ways. Intentional and unintentional abuse can occur in a nursing home that is extremely profit-focused. Not having enough staff on the premises can lead to unintentional abuse and neglect, as there may simply not be enough staff to cater to residents’ daily needs adequately.
The same applies when there is not enough qualified staff on the premises. Unqualified staff may fail to detect signs of medical conditions or the sudden deterioration of an elderly resident. They may make mistakes that can put residents’ lives at risk, for example, when it comes to hygiene and infection prevention or when giving out medication.
When a nursing home fails to background check staff adequately, they may be hiring negligently. This can put residents at risk from potentially unsuitable staff members that may have prior convictions for crimes, violence, or sexual abuse.
Miramar Nursing Home Abuse Lawyer Near Me 800-712-9119
Ben Crump Law, PLLC Can Fight for You
Standing up against a nursing home can be daunting and challenging. We are not intimidated and can tackle tough cases. Let us help you fight for your loved one’s justice and their right to compensation if they suffered injuries from abuse in the nursing home.
Nursing home abuse is a deplorable crime on our defenseless and vulnerable senior citizens. We at Ben Crump Law, PLLC handle nursing home abuse and neglect cases.
You do not have to worry about any out-of-pocket costs or attorney’s fees when you work with us, as we work on a contingency fee basis. The sooner you contact your Miramar nursing home abuse lawyer and take action on behalf of your loved one, the quicker we can potentially help you get justice and compensation.
Contact Ben Crump Law, PLLC now for a free evaluation of your nursing home case. Call us at 800-959-1444.