Entering a nursing home is a significant change for residents who are accustomed to the comforts of home. Sometimes the conditions of the nursing home create an environment of abuse. Nursing home abuse is rampant, and it is a very preventable occurrence.
Physical abuse is the most common, but residents suffer other types of abuse at the hands of staff. If you or a loved one have sustained an injury or suffered abuse in a nursing home, speak to the Millington nursing home abuse lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, to discuss your options.
Types of Millington Nursing Home Abuse
Abuse is synonymous with physical harm, but many forms exist. Nursing home abuse can sometimes be so horrific it is criminal. The state can file criminal charges and take further action in those instances.
However, you do not need a criminal charge to take legal action against negligent parties. If you see signs of abuse, you must get legal advice immediately.
Physical and Sexual
The most common type of abuse is physical, where nursing home staff kick, push, strike, or restrain the individual. Sexual abuse is also rampant in nursing homes and goes beyond intercourse. Nursing home abuse lawyers have handled many cases of abuse involving these injuries:
- Bruises
- Broken bones
- Burns
- Cuts and abrasions
- Traumatic brain injuries
- Wrongful death
Sexual abuse involves any non-consensual actions. Both sexual and physical abuse leads to psychological and emotional trauma like anxiety, depression, and post-traumatic stress disorder.
Neglect
Challenging to observe is neglect because it involves the intentional or unintentional failure to provide for a resident’s basic needs. There are essential divisions that nursing home staff must provide to residents, such as food, water, medical treatment, and adequate accommodations and facilities. Neglect can manifest in injuries like:
- Infections
- Extreme dehydration
- Bedsores
- Malnutrition
- Significant weight loss
- Reduction in hygienic standards
Financial and Exploitation
Caretakers will take advantage of the vulnerable, and that includes financial exploitation. Some nursing home residents lack the understanding to pay their bills and handle their finances as they once did. Unscrupulous staff will use this loss of understanding to charge residents extra or manipulate residents into handing over cash.
Caretakers can also steal heirlooms and valuables from the residents’ apartments or rooms. Some staff will even manipulate the resident into altering their accounts with the staff’s information so they have direct access to their money.
Emotional and Psychological
This form of abuse might not be apparent, but it can result from experiencing other types of abuse. If you notice new signs of anxiety or depression or other mental health issues, it can mean abuse is happening. Verbal threats, insults, mockery, and derogatory language are also emotional abuse.
Nursing home abuse lawyers can notify the nursing home, contact state departments, and start building your case while representing you.
For a free legal consultation with a nursing home abuse lawyer serving Millington, call (901) 526-2126
Liability for Physical Abuse
Finding the person responsible for harming a nursing home resident is challenging because many caregivers care for one resident. Many parties can be held liable depending on the circumstance of the abuse. A nursing home abuse lawyer in Millington, TN, can investigate the liability and include every person responsible in a personal injury claim.
Nursing Home
The nursing home is responsible for the actions of its staff and everyone under its care. They are held accountable through vicarious liability opening them up to legal claims. They are typically named in most nursing home abuse claims.
Staff Members
The most likely liable party for nursing home abuse is the staff members. They are at the frontlines of care and are usually responsible for the abuse. The nursing home staff is comprised of direct caregivers, supervisors, medical staff, administrative staff, and auxiliary staff.
Third Parties
Many people enter the premises, and the nursing home is responsible for their actions. The third-party can abuse residents and should be liable for their actions. This can include social workers, transportation personnel, residents’ visitors, and volunteers.
Other Residents
There are many residents in nursing homes, and other residents can become abusive. When one person injures another, the injured party has the right to seek compensation. Nursing home staff and caregivers can also be held liable if they encourage or allow the abuse to continue.
Millington Nursing Home Abuse Lawyer Near Me (901) 526-2126
Compensation in Millington Nursing Home Physical Abuse Cases
Nursing home abuse victims can seek two types of compensatory damages. In some instances, punitive damages can also be available. The source of the abuse is essential to determine who to seek damages from, but in any case, you will need a nursing home abuse attorney in Millington, TN, to uncover the truth.
Economic Damages
Losses are of an economic nature and are expenses that a victim incurs from an injury. Financial losses can include medication costs, medical treatment, transportation, loss of income, and more. Calculating these appropriately and providing documentation to help the calculations is important.
Non-Economic Damages
Intangible losses also result from nursing home abuse. These losses can include loss of enjoyment of life, loss of consortium, emotional distress, and pain and suffering. Their intangibility can make calculations challenging, but Millington nursing home abuse lawyers have the tools to tabulate these losses.
Punitive Damages
When a defendant is grossly negligent or intentionally harmed the individual, punitive damage can be available. These damages can increase the final settlement significantly but can only be sought in certain circumstances.
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A Millington Nursing Home Abuse Lawyer Is Here to Help
Millions of older adults suffer neglect or abuse annually in nursing homes, and many are underreported. Due to the inaccuracies in tabulating these injuries, the numbers are likely much higher. Loved ones must stay vigilant and note any changes in their loved one’s behavior or care.
Our Millington nursing home abuse lawyer can review your injuries and file a legal claim. We are here to help nursing home residents seek compensation. Call us today to schedule a free consultation.
Call or text (901) 526-2126 or complete a Free Case Evaluation form