When you learn that a loved one may be the victim of nursing home abuse, the realization can be painful and emotionally trying. Instead of feeling a sense of despair, there are steps that you can take to end the abuse and get the help that you need for your loved one. There are federal and state laws in place to ensure that your loved one is protected, even if he or she is in a state-run facility. There is no excuse for nursing home abuse, which is any act or failure to act that causes mental injury, physical injury or death to a nursing home resident. There are many forms of nursing home abuse, and it may take the following forms:
- Verbal abuse
- Sexual abuse
- Mental & psychological abuse
- Physical elder abuse
- Corporal punishment
- Involuntary seclusion
- Other actions of nursing home staff or administrators
- Omissions to act that result in harm to nursing home residents
Specific signs of abuse include the appearance of bed sores, dirty clothing, an inability to speak or communicate, depression, unexplained bleeding or abrasions, refusal of a nursing home facility to allow visitors to see the resident and withdrawal from family members and friends.
If a loved one has suffered due to nursing home abuse, then family members can file a nursing home lawsuit on behalf of the injured loved one. The lawsuit may also be brought on behalf of the estate of a loved one who has passed away.
Nursing home abuse can occur due to the negligent hiring of employees on a nursing home staff, an understaffed nursing home or simply the harmful intentions of employees on staff to engage in such abuse. Nursing home administrators have a duty of care to residents, and this duty of care includes carefully conducting background searches of all employees hired in the nursing home. In some instances, nursing home administrators are desperate to fill open employee spots and may overlook an employee’s past history of violence or abuse. Hiring unemployable individuals increases the likelihood that abuse will impact the residents currently in a nursing home facility.
Also, you can get in touch with a nursing home abuse lawyer to help you with your nursing home abuse case. In addition to imposing criminal penalties for the abuse that has occurred, a court of law may be able to award damages for the injuries that your loved one has suffered. A nursing home abuse lawyer will research the facts of your case and determine the best course of action for your legal strategy.
William Rawlings & Associates understands the complexities of nursing home abuse cases and the challenges faced by a family when determining how– or if to proceed with a case. Our attorneys appreciate the strain put upon a senior when they are asked to relive a disturbing experience. Consequently, we take every feasible measure to protect your loved one from further distress during the entire litigation process. While our team is well versed in nursing home litigation and trial, we will work with you to follow your desires to proceed toward a settlement or take the case to trial. All of our nursing home abuse cases are handled on a contingency basis where a legal fee is only charged after we win or settle your case.