Nursing home abuse is a serious issue. Unfortunately, it happens all too often. According to a study, about 85% of nursing homes have been cited for some form of nursing home abuse.
This data is alarming and points to a systemic problem in nursing homes.
If you believe that your loved one is being abused or neglected in a nursing home, it is important to understand your legal options. In this blog post, we will discuss five types of abuse in nursing homes and what you can do to stop the mistreatment.
1. Physical Abuse
Physical abuse is when a nursing home resident is physically harmed by staff members or other residents. This can include hitting, slapping, shoving, kicking, biting, strangling, or using excessive force.
Physical abuse can also include giving nursing home residents dangerous drugs or restraints.
If you suspect that your loved one has been the victim of physical abuse, it is important to act quickly. Look for signs of injury such as bruises, cuts, broken bones, or welts.
You should also look for changes in your loved one’s behavior. If they are suddenly withdrawn or anxious, this could be a sign that something is wrong.
2. Sexual Abuse
Sexual abuse is any type of sexual contact or conduct that is forced upon a nursing home resident without their consent. This can include rape, sexual assault, groping, or fondling.
It can also include forcing a nursing home resident to view pornography or participate in sexual activities.
Sexual abuse is a serious crime and should be reported immediately. Look for signs of injury, such as bruises in the genital area or sexually transmitted diseases.
You should also look for changes in the resident’s behavior, such as withdrawn behavior or fearfulness.
3. Emotional Abuse
Emotional abuse is any type of verbal or nonverbal mistreatment that causes psychological trauma. This can include yelling, name-calling, shaming, or mockery.
It can also include threats, intimidation, or isolation.
Look for changes in the nursing home resident’s behavior, such as increased anxiety, depression, withdrawn behavior, or fearfulness.
You should also look for changes in eating habits or sleeping patterns.
4. Abandonment
Abandonment is when nursing home staff members leave a resident alone in a public place, such as a hospital, nursing home, or assisted living facility.
Abandonment can also occur when nursing home staff members fail to provide the necessary care for a resident. This can include failing to provide food, water, or medical care.
Look for signs of abandonment, such as changes in the nursing home resident’s eating habits or sleeping patterns. You should also look for changes in the nursing home’s staffing levels. If there are suddenly fewer staff members on duty, this could be a sign that something is wrong.
Abandonment is a serious problem and can lead to serious injury or death. If you suspect that your loved one is being neglected, it is important to act quickly.
5. Financial Abuse
Financial abuse is when nursing home staff members or other residents steal money or property from a nursing home resident. This can include stealing cash, checks, credit cards, or jewelry.
It can also include coercing a nursing home resident to sign over power of attorney or make financial gifts.
Look for signs of financial abuse, such as sudden changes in bank account activity, unexpected withdrawals from the resident’s bank account, or sudden changes in the resident’s will or power of attorney.
You should also look for changes in the nursing home resident’s spending habits. If they are suddenly buying new clothes or expensive items, this could be a sign that something is wrong.
Legal Options When Dealing With Elder Abuse
If you suspect that your loved one is being abused, it is important to act quickly. There are a number of legal options available to you.
You Can File a Police Report
If you suspect that your loved one has been the victim of a crime, you can file a police report. This will help to ensure that the abuser is held accountable for their actions.
It is important to gather as much evidence as possible before filing a police report. This can include photographs of injuries, medical records, and eyewitness testimony.
You Can File a Civil Lawsuit
If your loved one has been the victim of abuse, you can file a nursing home abuse lawsuit against the abuser. This will allow you to recover damages for your loved one’s injuries.
It is important to note that you will need to prove that the abuser acted with the intent to harm your loved one. This can be difficult to do without the help of an experienced lawyer.
An experienced nursing home abuse lawyer will be able to help you gather evidence and build a strong case against the abuser. They will also be able to negotiate with the nursing home on your behalf and ensure that your rights are protected.
You Can File a Complaint With the Department of Health
If you suspect nursing home abuse, you can file a complaint with your state’s department of health.
Every state has a process for filing complaints, and the Department of Health will investigate your claims. If they find evidence of abuse, they will take action against the nursing home.
Stop Nursing Home Abuse
If your loved one is at an assisted living facility, you need to watch out for the signs of abuse. Abuse is punishable by law, and you have the right to take legal action against the abuser. An experienced nursing home abuse attorney can help you build a strong case against the abuser and get the justice your loved one deserves.
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