As more people enter these facilities, the problem of nursing home abuse in Bartlett is growing. Civil law protects you and your relatives when there is abuse. It should become routine to look for signs of abuse and neglect when you visit your loved one and take immediate action for their safety and well-being.
While there are laws to protect your loved one and allow you to file a lawsuit against the facility, you will require the assistance of a Bartlett nursing home abuse & neglect lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, to ensure you are protected.
Nursing Home Patient Rights
Since nursing home residents are susceptible to abuse, there are laws protecting them. There are state and federal regulations, and facilities that do not follow these regulations will suffer civil consequences and can even be shut down. You should become familiar with state and federal regulations to ensure your loved one receives the appropriate care.
Residents have the legal right to participate in social communities and religious ceremonies and spend time with anyone they choose. They also have the right to access medical records and help in their care plan. Suppose spouses are in the same facility; they can share a room even if they have different medical conditions and needs.
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The Four Types of Nursing Home Abuse
Four common types of abuse are plaguing nursing homes across Bartlett. No nursing home resident should suffer abuse at the hands of their caregivers, and it is vital to take action to fight these egregious actions.
Physical abuse is the most common, including aggression, patient isolation, endangerment, and unwanted restraint. Sexual abuse is when a caregiver forces a resident to perform sexual favors or exposes themselves without consent. Physiological abuse covers mental and verbal abuse actions like manipulation, intimidation, derogatory language, and gaslighting.
Financial abuse is the last category where the caregivers steal from residents or coerce them into giving them money. All forms of abuse will result in emotional turmoil for the victim. It is difficult for residents to trust caregivers and family after these horrific experiences.
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Bartlett Nursing Home Neglect
Neglect can harm residents as much, if not more than abuse, causing a decline in their health. Since caregivers are responsible for many basic tasks, they cannot forget to complete them as it will affect the nursing home resident.
Lapses in personal hygiene, medication administration, basic needs, emotional support, and medical care are all neglect. Severe cases of neglect occur when patients with diabetes do not get care, pain medication is not given during a time of distress, and ulcers are left untreated. Nurse practitioners, registered nurses, and certified nursing assistants must follow the patient’s care plan.
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Signs of Nursing Home Abuse in Bartlett
Nursing home facilities are supposed to care for residents with dignity and respect. When they do not follow through on their responsibility, they are endangering residents and are getting paid for services that are not being rendered. Abuse happens over time, and it can take time for a resident to complain, so you should look for signs yourself instead.
Physical symptoms are easiest to spot, but the best way to determine if there is abuse present is to have open communication with your loved ones, so they have a space to vocalize their concerns. However, that is not always possible, so you should look for sudden changes in behavior like depression or aggression. Other signs are malnutrition, dehydration, bruises, broken bones, and pressure sores.
Caregivers can also inflict harm through medication errors and allow patients to wander from the facility. If you notice the resident fears a specific caregiver, that can be a sign that the caregiver is causing them harm. When a facility or staff member is negligent, they will need to answer for their actions through a civil lawsuit.
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Recoverable Damages in Nursing Home Abuse Cases
When a facility and its staff cause a family member harm, you will need to file a lawsuit. The goal is to get justice in the form of compensation. You can receive non-economic and economic damages depending on your particular complaint.
Economic damages are tangible losses like additional medical expenses and costs of changing facilities. Non-economic damages address emotional pain and suffering. Money does not take away the pain from the incident, but it does hold the negligent parties responsible for their actions.
Caps and Statutes
Statutes vary and are complex regarding nursing home negligence cases because of the medical element. Under the discovery rule, you have one year to file a lawsuit for abuse and neglect in a nursing home. You will have three years to file if there is medical malpractice.
Wrongful death actions also fall under the one-year statute, and there are no damage caps for most elements of these claims. The moment you suspect nursing home abuse, reach out to a nursing home abuse & neglect lawyer in Bartlett.
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Steps to Take When You Suspect Abuse
It is upsetting to find out that your loved one is being abused by people you put in place to care for them. While it is easy to begin screaming and yelling, you must take steps to report the abuse and make negligent parties take responsibility for their actions. First, you must address the abuse with the facility management and file paperwork documenting these concerns.
If your loved one is in immense danger, you will need to contact the police or Adult Protective Services. You must also speak with a nursing home abuse & neglect attorney in Bartlett to review legal options.
A Bartlett Nursing Home Abuse & Neglect Attorney Can Help
Placing a family member in a Bartlett nursing home is difficult. You have faith that those in the facility are professional caregivers who will care for your family like it was theirs. Abuse and neglect are not what you signed up for or are paying for.
Nursing home staff owe you an explicit duty to care for your loved one. When they harm instead of care, you need to speak with a Bartlett nursing home abuse & neglect lawyer. Gatti, Keltner, Bienvenu & Montesi PLC, empathizes with victims and families who are now dealing with the aftermath of these actions.