When we place our loved ones in a nursing home, we expect them to receive the best care possible. Unfortunately, there are times when the care provided is not up to the mark, and nursing home residents may become victims of physical abuse. Physical abuse in nursing homes is a serious problem that can have devastating consequences.
Physical Abuse in a Nursing Home
According to the National Center on Elder Abuse, approximately 1 in 10 Americans aged 60 and over have experienced some form of elder abuse, including nursing home abuse. Physical abuse in a nursing home is a form of elder abuse that involves the intentional use of physical force against a resident, which causes physical harm, pain, or injury. Some examples of physical abuse in a nursing home include the following:
- Hitting or slapping the resident
- Pushing, grabbing, or shaking the resident
- Restraining the resident in an inappropriate manner
- Inappropriately administering medications, such as using excessive force or not following the prescribed dosage
- Withholding food, water, or medication as a form of punishment or control
- Sexual assault or abuse
- Neglecting the resident’s basic needs, such as failing to assist with personal hygiene or provide medical care
- Rough handling during transfers or positioning of the resident
- Physical punishment or discipline
- Inappropriate use of physical restraints or confinement
Physical abuse can lead to serious physical injuries, such as bruises, cuts, fractures, internal injuries, and head injuries. It can also cause emotional trauma, including anxiety, depression, fear, and losing trust in caregivers.
It is important to note that physical abuse can be committed by anyone, including staff members, other residents, or visitors to the nursing home. Staff members who are overworked, undertrained, or not properly supervised may be more likely to commit physical abuse. Visitors under the influence of drugs or alcohol may also be a risk to residents.
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Proving Negligence in a Nursing Home Abuse Case
Proving negligence in a nursing home abuse case can be challenging, but holding the nursing home responsible for any harm caused to your loved one is essential. To prove negligence, you must show that the nursing home had a duty of care to your loved one, that they breached that duty of care, and that the breach caused harm to your loved one. Here are some steps you can take to help prove negligence in a nursing home abuse case:
Collect any documentation, such as medical records, incident reports, and witness statements that can help support your case. Take photos of any physical injuries or evidence of neglect. Record any communication with the nursing home or staff regarding the abuse.
Establish a Duty of Care
The nursing home must provide its residents with a safe and healthy environment. This includes providing adequate staff, training, and resources to ensure residents receive appropriate care.
Show a Breach of Duty
To show a breach of duty, you must demonstrate that the nursing home failed to meet its duty of care. This could include understaffing, inadequate training, or failure to provide necessary medical care or treatment.
You must prove that the nursing home’s breach of duty caused harm to your loved one. This could include physical injuries, emotional trauma, or financial losses.
Hire an Experienced Nursing Home Abuse Lawyer
An experienced nursing home physical abuse lawyer in Bartlett can help you gather and present evidence, identify the parties responsible for the abuse and pursue compensation on behalf of your loved one.
Proving negligence in a nursing home abuse case can be complex, and it may require the testimony of expert witnesses or an in-depth investigation. However, with the right evidence and legal representation, you can hold the nursing home accountable for any harm caused to your loved one.
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What to Do if You Suspect Nursing Home Abuse
If you suspect nursing home abuse, here are some steps you can take:
- Observe and Document the Abuse: Keep a record of any signs of abuse you observe, including physical injuries, changes in behavior or mood, unexplained weight loss, or signs of neglect. Document the abuse’s dates, times, and details, and take photographs if possible.
- Report the Abuse: If you suspect nursing home abuse, report it immediately to the nursing home administrator or supervisor. Be specific about your concerns and provide any evidence or documentation you have gathered. You can also contact the state’s adult protective services agency or the police.
- Seek Medical Attention: If your loved one has been physically injured, immediately seek medical attention. Ensure the medical provider documents the injuries and notes any concerns about abuse or neglect.
- Consult a Nursing Home Abuse Lawyer: If you suspect nursing home abuse, it is important to consult with a nursing home physical abuse attorney in Bartlett. An experienced lawyer can help you protect your loved one’s rights, investigate the abuse, and seek compensation for injuries or damages.
- Follow Up on the Investigation: Stay in contact with the nursing home and the investigating agencies to ensure that the abuse is properly investigated and that your loved one receives appropriate care.
- Consider Moving Your Loved One: If you are concerned about the safety and well-being of your loved one, consider moving them to a different nursing home or care facility.
Nursing home abuse is a serious problem that requires immediate action. By taking these steps, you can help protect your loved one and hold those responsible for the abuse accountable.
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Ways a Bartlett Nursing Home Physical Abuse Attorney Can Provide Assistance
Seek the services of a nursing home abuse attorney who can help you navigate the complex legal system, investigate the abuse, and hold the responsible parties accountable for their actions. By working with a nursing home physical abuse attorney in Bartlett, you can ensure that your loved one’s rights are protected. An attorney can also provide the emotional support and guidance you need to navigate this difficult time and help you make informed decisions about your legal options.
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Contact Gatti, Keltner, Bienvenu & Montesi, PLC for a Bartlett Nursing Home Physical Abuse Lawyer
A Bartlett nursing home physical abuse lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, can help you investigate the case, file a lawsuit, negotiate a settlement, represent you in court, and provide emotional support throughout the legal process. Hiring a nursing home abuse lawyer ensures that your loved one’s rights are protected and that justice is served. Contact us today so we can help.