Nursing home abuse is an all too common occurrence. Unfortunately, it also goes undetected for far too long in residential facilities across the United States. The most at risk-victims include those who are unable to communicate. Individuals who cannot communicate for one reason or another are more vulnerable to attacks, regardless of whether the reason stems from not having enough visitors to a physical impairment that prevents disclosure of the abuse. When your loved one is intentionally being abused, it can have an enormous effect on his or her overall health.
If you or your loved one has suffered injuries as a result of neglect from nursing home officials, contact our attorneys for a risk-free initial consultation today.
What is Nursing Home Abuse?
Nursing home abuse involves intentional acts of unjustified force committed against residents of the home. Nursing home abuse can be committed by nursing home officials or staff. The most common types of abuse are physical, emotional, and financial abuse.
- Emotional Abuse: Emotional abuse is the hardest type of abuse to detect as there can be verbal or nonverbal forms of abuse. Emotional abuse may occur when staff or other residents are humiliating and belittling someone, making verbal or nonverbal threats, or simply ignoring the needs of a resident. Your loved one may be exhibiting signs of psychological abuse if he or she has low self-esteem, appears to be withdrawn, or is afraid to speak freely
- Physical Abuse: Physical abuse can involve neglect or abuse and it is often difficult to detect the difference. One key sign of physical abuse is the frequency of occurrences. Physical abuse could come from the misuse of restraints, overmedication, broken bones, and bruises.
- Financial Abuse: Financial abuse is also a common occurrence in nursing homes. There have been instances in which nursing home staff and management have taken resident checks, forged resident signatures, and cashed checks for their own use and benefit.
What Evidence is Needed for a Nursing Home Abuse Claim?
When pursuing a nursing home abuse claim, it is CRITICAL to have evidence that supports your claim. The type and amount of evidence required will depend on the specific circumstances, but some common types of evidence that may be useful in a nursing home abuse claim include:
- Medical records: You must document the injuries! Medical records can provide evidence of the injuries suffered by the victim, as well as information about any medical treatments that were required as a result of the abuse.
- Witness statements: Witness statements from other residents, family members, and even staff members can provide valuable information about the abuse, abuser and negligence of the facility.
- Video footage: Video evidence can provide a visual record of the abuse, such as physical abuse or neglect.
- Photos: Photos of the victim’s injuries, bruises, or bedsores can provide evidence of abuse.
- Expert testimony: Testimony from experts in fields such as medicine, nursing, and psychology can provide valuable information about the victim’s injuries and the impact of the abuse.
- Incident reports: Incident reports at the facility, if they exist, such as reports made against nursing home staff, can provide additional evidence of abuse or neglect.
- Police reports: If the police were involved, the police report is important provide evidence of abuse or neglect.
It’s important to remember that collecting evidence can be a complex process, and it is recommended to consult with an experienced attorney to help you gather and present the evidence effectively.
What Compensation is Available for Nursing Home Abuse?
Nursing home abuse is a serious issue that can have a devastating impact on the physical, emotional, and financial well-being of the victim and their family. There are various forms of compensation available for nursing home abuse, depending on the specific circumstances of the case. Some common types of compensation include:
- Medical expenses: Victims of nursing home abuse may be able to recover the cost of any medical treatments, such as hospital stays, surgeries, and rehabilitation, that were required as a result of the abuse.
- Pain and suffering: Victims may also be able to recover compensation for the physical and emotional pain and suffering caused by the abuse.
- Lost wages: If the victim is unable to work as a result of the abuse, they may be able to recover lost wages and lost earning potential.
- Punitive damages: In some cases, a victim may be able to recover punitive damages, which are intended to punish the abuser and deter future abuse.
- Wrongful death: If the abuse leads to the death of the victim, their surviving family members may be able to file a wrongful death claim to recover damages.
It’s important to note that the compensation available will depend on the specific facts of the claim, and the availability of compensation can also depend on the type of abuse, the evidence and the severity of the abuse. Consulting with an experienced attorney is the best way to determine the compensation that may be available in your case.