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Nursing home abuse or neglect can be
difficult to recognize because nursing home
staff know how to conceal the evidence and
victims are often too frightened or unable
to communicate the abuse. In fact, 84
percent of abuse cases go unreported – and
nursing home deaths are rarely investigated
by medical examiners or law enforcement.
Legally, residents of nursing homes and
other assisted living facilities have rights
to protect them from what the law recognizes
as “institutional abuse.” But victims must
be able to report incidents in order to make
sure those laws are enforced. Many factors
unique to the nursing home environment
prevent victims from speaking out on their
own behalf. Abusers may be staff members,
other patients or even visitors, and
patients suffering from dementia or other
health issues may not be able to alert
anyone to the abuse.
Nursing home abuse and neglect generally
falls into 7 categories:
- Physical abuse -- infliction of pain
or injury, including sexual abuse.
- Misuse of restraints -- restraining
a resident with either physical
restraints or medicine (i.e.,
overmedicating a resident so that he or
she will be “less trouble”) that falls
outside any doctor’s orders or accepted
medical practice.
- Verbal / emotional abuse -- demeaning
statements, harassment, threats,
humiliation or intimidation.
- Physical neglect -- disregard for
the necessities of daily living such as
food, water, bathing and basic care.
- Medical neglect -- failure to
provide medical care, such as ignoring a
necessary medical diet, neglecting to
call a physician when necessary, or not
paying attention to the potential side
effects of a patient’s medication.
- Verbal / emotional neglect -- failure
to meet the patients’ verbal / emotional
needs including disregarding patients’
wishes, or restricting contact with
family and friends.
- Personal property abuse -- illegal
or improper use of a resident’s property
(funds, property, assets).
If your family member lives in a nursing
home or assisted living facility, you should
always watch for the following signs of
potential abuse or neglect:
- Mysterious bruises or lacerations
that cannot be explained by a reasonable
medical cause.
- Lack of cleanliness -- in your loved
one’s appearance, the condition of his
or her room and the facility overall.
- A change in demeanor that isn’t the
result of failing health or mental state
– for example, if your loved one is
afraid of certain staff members or
patients.
- Failure to notice medical issues and
summon proper medical care.
If you suspect an instance of nursing
home abuse or neglect, document everything.
Write down names, dates and details
pertaining to the abuse. Discuss your
concerns with the administration or staff --
but if the institution fails to immediately
address the situation, contact a nursing
home abuse attorney.
A lawyer with experience in nursing home
abuse and neglect can properly investigate
your claim. Your nursing home neglect lawyer
should act as an advocate for your loved one
and/or your family, and prepare an effective
case strategy to hold the institution
accountable and obtain appropriate financial
compensation.
If you believe you may have a nursing
home abuse / neglect claim, contact an
experienced personal injury attorney for an
initial case review. You have a limited time
to file a lawsuit, so prompt legal action is
important. Protect the rights of the elderly
--
contact a nursing home abuse lawyer
today.
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