Nursing homes are intended to be safe spaces where senior citizens and people with disabilities can spend their days comfortably. If you have been subjected to abuse or neglect in one of these facilities, your rights have been violated. Recovering compensation for your damages is possible, but success often requires the aid of a skilled Oakville nursing home abuse & neglect lawyer.
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Nursing Home Abuse Is Wrong
Nursing home abuse is intentional harm caused by a caretaker or other person responsible for the well-being of a long-term care facility resident. Nursing home neglect is similar but instead applies in situations where a caretaker disregards their duties and leaves a nursing home resident without the care and support they need to maintain a reasonable quality of life.
If you or a loved one has been a victim of either nursing home abuse or neglect, you do not need to allow it to continue. Take action by hiring a nursing home abuse & neglect lawyer in Oakville who can protect your rights. Through a nursing home abuse claim, you may be able to recover compensation that is representative of your physical, emotional, and financial damages.
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The Different Types of Nursing Home Abuse
Nursing home abuse is a tragic issue faced by millions of Americans. Unfortunately, this abuse is often hidden, so even close friends and family members have no idea what is happening. Several types of nursing home abuse can occur. Each of them has a variety of signs that can be identified to detect abuse after it occurs.
Physical Nursing Home Abuse
When someone is physically abused in a nursing home, there should be obvious signs of the damage being done to them. While the person causing the harm may make an effort to only cause physical injury in ways that can be concealed, loved ones should make an effort to look out for signs of abuse.
Some common symptoms include bruises, cuts, scars, and frequent trips to the hospital for physical injuries. In some instances, physical nursing home abuse can result in broken bones or other severe damage. Some ways that a nursing home employee may physically abuse a resident are:
- Rough handling
- Inappropriate use of restraints
If you have experienced any of these events in a nursing home, you are due compensation for any damages you incurred, as well as your nursing home fees. To get the help you need, contact a nursing home abuse & neglect attorney in Oakville.
Mental Nursing Home Abuse
When the abuse that takes place is non-physical, it can be difficult for outsiders to recognize that abuse is happening at all. That is why friends and family members need to watch out for signs that would cause suspicion of their elderly relative being mentally abused. Mental abuse could look like this:
- Verbal harassment
- Forced isolation
- Barring residents from doing activities that they like
- Threatening residents
- Not offering necessities such as food and water
To spot emotional or mental abuse, you must have a keen eye for alterations in your relative’s behavior. For example, if the nursing home resident has begun acting strangely or they have a dramatic personality shift, abuse may be the cause. This is especially true if they start showing signs of fear whenever you leave or when one of the nursing home staff members is nearby.
Whenever situations like these are noticed, you must report it to the nursing home’s administration and speak to an Oakville nursing home abuse & neglect attorney at Gatti, Keltner, Bienvenu & Montesi PLC.
Sexual Abuse in Nursing Homes
Engaging in unwanted sexual action with nursing home residents is a common and devastating form of abuse that occurs somewhat frequently. Any instance of this should be immediately reported to the authorities, as it is illegal to take advantage of an older adult in this way. Sexual abuse could be caused by various individuals, including visitors, residents, and staff members.
Sexual abuse does not only include rape. Other forms of unwanted behaviors can be considered sexual abuse as well, like unwanted touching, exposing someone’s body, and sexual remarks are all forms of sexual abuse.
Nursing Home Neglect
Sometimes the harm that someone experiences is indirect. In these instances, nursing home neglect is a more likely scenario. When staff members do not uphold their duty to provide for the care and upkeep of elderly residents, they are engaged in neglect.
Even something as simple as not providing adequate food and water to a resident warrants a nursing home neglect lawsuit in many cases. Other examples of nursing home neglect are:
- Isolating residents, causing depression or anxiety
- Not providing proper medical treatment when necessary
- Not providing medication or making mistakes when administering medication
- Not participating in the upkeep of a resident’s hygiene
- Not responding to emergencies
- Not helping residents with their activities of daily living, as is required by the facility
Sometimes nursing home neglect can even result in death. In this case, you may be eligible to file a nursing home abuse wrongful death claim against the home that allowed your family member to die.
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What Compensation Is Available
The compensation available in a nursing home abuse and neglect case depends on the losses and injuries suffered by the victim. Through a nursing home abuse claim, plaintiffs can hope to recover compensation for a range of damages, including:
- Physical injuries that required medical attention
- Preventable medical bills
- Mental disorders that developed due to the abuse
- The cost of treating sexually transmitted diseases
- Emotional trauma
- Loss of enjoyment in life
To learn exactly what compensation you are due, work with a nursing home abuse & neglect lawyer in Oakville, TN, to get an accurate estimate.
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Where to Begin with Your Nursing Home Abuse & Neglect Complaint
To get started with your nursing home neglect and abuse complaint, it is important to consider which government agencies you should report your concerns to. Some of the top organizations you should pursue a complete with include:
- The Tennessee Department of Health, Division of Health Care Facilities
- Tennessee Adult Protective Services
- The Oakville Police Department
- The Tennessee Domestic Violence Hotline
However, reporting your concerns to government agencies is not the only way to ensure the nursing home facility or your loved ones’ abuser is held accountable. You may also have the right to file a medical malpractice insurance claim if the liable party is insured. Failure to uphold and maintain the duty of care is considered negligence and could mean you have grounds for compensation through a malpractice insurance claim.
Unfortunately, many insurance companies refuse to compensate victims fairly for their damages. For this reason, it is not unusual for nursing home abuse and neglect claims to wind up in court. This is because going to trial is often one of the best ways for victims to recover the total value of their losses. Although being awarded compensation is not going to make up for or change the trauma your loved one experienced, it is one of the best ways to ensure the at-fault party is brought to justice and avoid covering the costs of their reckless or negligent actions.
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Hold the Nursing Home Accountable for Their Negligence
Even if the nursing home staff was not aware that abuse or neglect was happening in their facility, they are still liable for the actions of their staff. In addition, in some cases, the employee or resident who abused you or your loved one may also face criminal charges. To learn your options, get support from an Oakville nursing home abuse & neglect lawyer.
Gatti, Keltner, Bienvenu & Montesi PLC is disgusted by the individuals who commit these heinous, harmful actions against nursing home residents. We will fight to get every penny of compensation you are due. Fill out our quick contact form or call us to schedule your 100% free consultation today.