Neglect is the most common type of abuse in nursing homes. Other types of abuse that a Maryland personal injury lawyer can help you with include:
- Financial abuse
- Psychological abuse
- Physical abuse
- Sexual assault
- Verbal abuse
- Medical abuse
Long-term care facilities and nursing homes have an obligation to their residents to provide them with a safe and comfortable environment.
Neglect Is Very Common in Nursing Homes
The U.S. Department of Justice reports that caregiver neglect is the most underreported form of elder abuse in America. Neglect in nursing homes may take the common forms of:
- Leaving the elderly person unattended for long periods of time
- Failing to provide the patient with basic needs, like healthy food or clean surroundings
- Not allowing the patient to socialize or participate in stimulating activities
- Ignoring the patient’s repeated requests for something they have a right to receive
- Not examining the patient for problems that need addressing on a regular basis
Nursing home facilities that commit acts of neglect owe their residents compensation for the harm they cause.
Other Types of Nursing Home Abuse
While neglect is characterized by nursing home staff not paying enough attention to the elderly resident, most forms of abuse in the nursing home involve an employee actively doing the nursing home resident harm. Common types of nursing home abuse are:
- Financial: A nursing home may lie about already being paid so they can charge extra, charge for services they do not provide, or use the patient’s financial information inappropriately or without permission.
- Psychological: This emotional abuse includes making a patient feel bad about themselves or gaslighting the patient (trying to convince them of things that are not true).
- Physical: Physical abuse involves using violence against the patient or not treating them with necessary care and concern (for example, grabbing them roughly when helping them into or out of a car).
- Sexual: Nursing home employees hold power over their patients, so a consensual romantic or sexual relationship between them is not possible. Employees may also engage in other forms of sexual abuse, such as harassment.
- Verbal: It is never okay to yell at, threaten, insult, or humiliate a nursing home patient. Any disagreements or misunderstandings between employees and patients should be handled in a respectful and mature way.
- Medical: Denying medical care to patients or providing care they do not need are examples of medical abuse. Using drugs to keep patients quiet when they do not require those drugs for medical conditions is another example.
If you see the signs of nursing home abuse, you have a responsibility to report what you have seen to the local authorities.
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Who Is Responsible for Nursing Home Abuse?
In most cases, the ultimate responsibility lies with the nursing home or the company that owns it. They made a promise to people in the community that they would provide competent, responsible care to those living in the home. It is their job to:
- Interview and vet all employees before bringing them on board
- Hire enough employees to take good care of the patients
- Ensure the home complies with all state and federal laws
- Make sure the nursing home structure and everything in it is safe
- Make sure the home has all of the supplies it needs to satisfy patient needs
- Promptly address any patient complaints
Other Liable Parties in Nursing Home Neglect and Abuse Cases
In rare situations, you can sue someone else instead of or in addition to the nursing home itself. This situation can include cases where the home could not possibly have predicted or prevented an employee’s abusive behavior.
It can be difficult to decide who you should file your legal action against. Your attorney’s investigation can make things clearer and ensure you target the correct liable party.
Nursing Home Abuse Attorneys Can Manage Your Case
Even if your loved one’s injury was not caused by the most common type of nursing home abuse, your family still deserves compensation. Hiring a personal injury law firm to help you with your case is a good idea for many reasons, including that:
- They are more familiar with the laws that apply to nursing home abuse cases
- You are preoccupied with taking care of your loved one on top of your other familial and professional responsibilities
- The nursing home may try to deny their liability, and you will have to fight them to get the right amount of compensation
Fighting for Nursing Home Abuse Damages
Your family deserves compensation for everything you lost because of the abuse, including pain and suffering, disabling injuries, reduced quality of life, and medical expenses. A nursing home abuse lawyer can fight for these and other damages by:
- Providing the advice and context you need to make critical legal decisions, such as how you want to receive your settlement
- Confronting the nursing home’s insurance company so you do not have to do so
- Either negotiating a fair settlement or taking your case to court—whatever it takes to secure the money you deserve
- Making sure you have all of the information and support you need to make the right legal decisions for your family
What Is Your Nursing Home Abuse Case Worth?
The type, length, and severity of the abuse your loved one suffered all play a critical role in determining the value of your legal case. Your family could potentially recover money for:
- Any injuries your loved one sustained due to neglect or the more physical forms of abuse (physical, sexual, medical)
- Emotional or mental distress caused by any form of neglect or abuse
- The reduction in quality of life your loved one experienced thanks to their injuries, such as loss of independence or enjoyment
- Any temporary or permanent disabilities that affect your loved one’s body or mind
- The money you spent on your loved one’s abuse-related medical bills
- The money you spent on relocating your loved one to a new nursing home or on hiring someone to take care of them at home
Your nursing home abuse attorney can determine how much you deserve for your loved one’s suffering and how much you need to ensure they are taken care of from now on.
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We Can Fight for Justice After Nursing Home Abuse
Each of the most common types of nursing home abuse can leave lasting scars and devastate your family. Adam Smallow Injury Lawyers believes that you deserve 24/7 legal support, and we provide just that to every single client.
Call for a free case review so our team can start helping you today.
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