Nursing home life is challenging for residents, especially when abuse is present. Nursing home staff are vital to the well-being of residents, and while the job is stressful, there is no excuse to abuse or neglect residents. Collierville nursing home staff knows what they should and should not be doing to care for the elderly, and when they choose not to follow the rules, injury is the result.
Nursing home residents cannot speak for themselves. It is up to the family to look for signs of abuse and contact a Collierville nursing home abuse & neglect lawyer from Gatti, Keltner, Bienvenu & Montesi PLC. With our Collierville personal injury law firm by your side, you can demand justice.
Examples of Nursing Home Abuse in Collierville
Nursing home abuse is more than just physical. It is also psychological, financial, and sexual. Neglect is a form of abuse but is referenced differently since it involves a lack of action. Neglect is underreported but is prevalent in nursing homes.
Physical abuse is when a staff member physically harms a resident or patient. Nursing home residents report cuts and bruises in most cases, and it is the number one cause of abuse, with 27.4 percent of cases being physical.
Verbal or psychological abuse is the second most prevalent type, with 19.4 percent. It occurs when there are verbal threats and insults. Residents with cognitive disabilities and who are non-communicative suffer from this abuse the most and find it challenging to report.
Additional Types of Abuse
Physical and psychological abuse is the most prevalent, but sexual abuse is not far behind. Rape and sexual abuse occur in 7.9 percent of nursing homes and cause depression and fear in residents. There are also physical symptoms of sexual abuse.
Financial abuse is common because elderly residents have difficulty managing their finances. Nursing home staff will financially abuse residents in two ways: scamming the person into giving them money or stealing from them. It also involves stealing valuable personal items.
Nursing home residents each have a specific care schedule for their needs, and when a staff member willfully neglects these duties, the resident will suffer injury and illness. Neglect was cited in 15.3 percent of cases.
Unwanted Restraint in Nursing Homes
Physical and chemical restraints are available for nursing home staff, but only when necessary. They cannot use restraints to punish a resident or to alleviate the workload. There are some residents whose mental or physical condition requires the use of restraints, especially if they risk harming themselves.
There are several reasons that restraints are used unnecessarily. When staff must use restraint, they should inform the family. However, if they use restraint in the following circumstances, it is unwanted restraint:
- Prohibits social interaction
- Causes pain or injury
- Punishment and humiliation
- To convenience the nursing staff
- Making a condition worse
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Risk Factors of Nursing Home Abuse
While there are five million abused elderly victims nationwide yearly, most cases are not reported. All Collierville nursing home residents are at risk of abuse and neglect, but there are certain risk factors to watch for. Female residents and those of low socioeconomic status are at the highest risk.
The person’s overall health is a risk factor since some conditions result in a person having communication problems or the inability to understand what is happening.
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Signs of Nursing Home Abuse and Neglect
Physical abuse is the easiest to see since there will be broken bones, lacerations, dehydration, and, sometimes, catastrophic injuries. You will also see bruises around the ankles and wrists and signs of unnecessary sedation. Emotional abuse will result in the resident having emotional outbursts and wanting seclusion.
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Hold Your Loved One’s Abuser and Abuse Facilitators Accountable
It is important to explore your legal options for justice in detail with your nursing home abuse and neglect attorney. Some families may find that filing a police report with the Collierville Police Department is sufficient. However, it may be in your best interests to also report your suspicions to the Tennessee Department of Health and the Tennessee Adult Protective Services.
However, these are not your only option. With help from a personal injury lawyer, you can take legal action against not only your loved one’s abuser but the nursing home facility as well. Depending on the details of your case, you may have the right to file a medical malpractice insurance claim.
Medical Malpractice Insurance
Most healthcare providers are protected by medical malpractice insurance. However, it is unlikely the insurance company will be willing to settle your claim fairly or without a fight. Since they lose money every time they settle a claim, insurance companies are known for taking drastic measures to reduce their payouts.
Even if you receive compensation through an insurance settlement, it may not be enough to fully cover your losses. For that reason, you should always be prepared to move forward with a nursing home abuse and neglect lawsuit as well. When you go to a civil trial, you have a chance to recover your loved one’s damages in full without the limitations that come with malpractice insurance claims.
You can discuss which options are most suitable for your case with your Collierville nursing home neglect and abuse attorney at Gatti, Keltner, Bienvenu & Montesi PLC.
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Steps to Take if You Suspect Collierville Nursing Home Abuse
Nursing home residents in Collierville are at the mercy of the staff and caretakers, which makes it challenging for them to speak up. They must have a safe space to discuss the situation and get help. You can take some steps to find out if there is abuse:
- Be aware of changes in behavior
- Talk and listen to your loved one
- Give your loved one time to mentally process the trauma and open up to you
- Reach out to the community, law enforcement, and a nursing home abuse & neglect lawyer in Collierville, TN
- Increase monitoring of your loved one
- Educate yourself on how to help them move forward for the event
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Elements of a Nursing Home Legal Case
Upon choosing a nursing home, you trust the staff will take care of your loved one and provide meals, medical care, and emotional and social assistance. It results in pain, injury, and emotional distress when they do not. When you work with a Collierville nursing home abuse & neglect lawyer, they must focus on a few legal elements to prove your case.
You will first need to show the resident was under the facility’s care and thus prove liability. Next, you will need to show causation which is how neglect or abuse resulted in an injury or harm, which is the most challenging element. Lastly, there will need to be an amount put on the damage and loss your loved one suffers from the incident.
Finding the Right Nursing Home Abuse & Neglect Lawyer in Collierville
You must have the right nursing home abuse & neglect attorney in Collierville, TN, on your side to secure the compensation and justice your loved one deserves. You should ask several questions when meeting with different lawyers, such as:
- What are the fees
- What are my legal options
- Is mediation a good idea
- How much communication will there be regarding my case
- What is your experience
The nursing home abuse lawyer’s answers to these questions are vital to choosing a nursing home abuse lawyer in Collierville. Always choose someone you are comfortable with.
Call Gatti, Keltner, Bienvenu & Montesi, PLC, Today
Our firm has been helping victims since 1970, and nursing homes are one of our focuses. No matter how much you pay for the nursing home, whether nothing or thousands, your loved one deserves to live with peace and dignity.
Visitors can also be victims of negligence, and we work with every individual who is harmed on the premises. Please connect with our Collierville nursing home abuse & neglect attorney at Gatti, Keltner, Bienvenu & Montesi PLC today to discuss your options.