Nursing home physical abuse is rampant nationwide and continues to rise. While various state and federal agencies and regulations oversee Olive Branch nursing homes, physical abuse still happens.
Reviewing your legal options and bringing a claim or criminal charge against the negligent party is essential if you believe a loved one is a nursing home physical abuse survivor. You should bring these concerns to the facility administration and contact a personal injury lawyer in Olive Branch, MS from Gatti, Keltner, Bienvenu & Montesi, PLC.
Sometimes abuse is the result of neglect from facilities being mismanaged or understaffed. Untrained and inexperienced staff will offer substandard care for your loved ones. Other times, the abuse is intentional because some caregivers are not there to help but to hurt residents.
Explaining Nursing Home Physical Abuse
Sometimes abuse is the result of neglect from facilities being mismanaged or understaffed. Untrained and inexperienced staff will offer substandard care for your loved ones. Other times, the abuse is intentional because some caregivers are not there to help but to hurt residents.
Physical abuse is more than bruises and broken bones. While those are the most common injuries, physical abuse also encompasses the following:
- Dehydration
- Sudden and unexpected weight loss
- Unsanitary living conditions
- Overmedication
- Infections
When you see any of these, you should document them to the best of your ability. Caregivers will sometimes alter medical records or fail to include everything to avoid liability for their actions. Death is also an unfortunate result of physical abuse, and if you suspect the death is due to neglect or abuse, you can file a wrongful death lawsuit.
Symptoms of Nursing Home Physical Abuse
Neglect and the active mistreatment of residents are dangerous and fatal. Identifying the symptoms of abuse is vital for your loved one’s safety and your legal claim. Signs of abuse and neglect include:
- Poor hygiene
- Bruises, abrasions, and bedsores
- Untreated wounds
- Rapid weight loss
- Changes in medication
- Broken or missing items
- Strong urine or feces odors
- Weakness from dehydration or malnutrition
- Fear of staff, doctors, and residents
- Staff avoiding explanations of an injury
- Allowing residents to wander off the property
- Refusal to let visitors see residents
Your loved one has rights and should never be physically harmed, intimidated, or neglected by the people who are meant to care for them. If a loved one is injured in an Olive Branch nursing home, you should discuss options with an Olive Branch nursing home physical abuse lawyer.
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People Who Most Commonly Abuse Nursing Home Residents
Knowing what abuse looks like is one step, but finding the culprit is another critical aspect of holding them accountable. Abuse from employees and facility staff is the primary culprit. Most long-term care facilities have a zero-tolerance policy for staff and caregivers that commit abuse.
While these are the primary culprits, other residents can also commit abuse. Many parties can abuse nursing home residents.
Other residents in the facility can physically abuse vulnerable residents. They will shift the blame and pretend nothing happened.
Nursing home facilities should have processes for addressing these incidents and separating the residents. They might have to remove the abuser from the facility and prosecute them. While difficult, it is necessary to hold the abuser and any negligent parties responsible for the contributions of allowing abuse.
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Protect Your Loved One
Abuse can cause an extreme physical and emotional toll on your loved one, and it should never be allowed or tolerated. Filing a complaint is step one, but there are many things you can do to protect your loved one after you find signs of abuse. You should do the following to confirm your suspicions and protect nursing home residents:
- Ask your loved one about their experience in the facility and look for details about the physical abuse.
- Speak to other residents and guests about the prevalence of abuse in the facility. They can be vital witnesses in your claim.
- Speak to staff and administrators about your concerns and documents to uncover who abuses nursing home residents.
- Get the police involved if the physical trauma endangers their life.
- Remove your loved one from the facility with the help of the authorities.
- File complaints with relevant agencies.
- Contact a nursing home physical abuse attorney in Olive Branch, MS.
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Why You Need an Olive Branch Nursing Home Physical Abuse Lawyer
Nursing home abuse attorneys can help with various aspects of your claim. Proving your abuse case is challenging. Facilities try to keep these incidents behind closed doors. They are willing to alter documents and keep families away, so they do not find signs of abuse.
If you suspect nursing home abuse, your lawyer can help by:
- Investigating your claim
- Gathering evidence regarding liability and fault
- Assessing damages
- Seeking and negotiating a settlement
- Handling communication with all relevant parties
- Going to trial if necessary
We will also ensure we stay within all deadlines and statutes when handling your claim. The biggest priority is getting your loved one to safety and ensuring they get treatment for any injuries after abuse.
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Damages Are Available Through a Legal Claim
The nursing home resident or their family representative can begin a civil claim seeking compensatory damages for abuse and neglect in a nursing home. Damages will cover expenses from the injury, like care and relocation costs. Economic and non-economic damages are available, and punitive damages will apply in certain instances.
Damage amounts will rely on the severity of the abuse and the subsequent treatment involved in treating it. When assessing expenses, recovery time is another factor. Other factors in determining your potential compensation include:
- Age
- Condition
- Medical outcome
- Medical expenses
Nursing home abuse cases are unique to the individual, and there are no average settlement amounts to apply to your claim. When a person files a claim, it also prevents the abuse from happening to others in the facility. Prior results do not guarantee future results, and you need an individual approach to your abuse claim.
Speak to Our Olive Branch Nursing Home Physical Abuse Attorneys
Nursing homes must be safe, and when injuries or abuse occur, it is vital to seek justice for your loved one. Gatti, Keltner, Bienvenu & Montesi, PLC, has been fighting for injury victims since 1970, and we have an extensive track record of handling these cases. Count on our firm to represent you when your loved one suffers physical abuse.
Call us and schedule an initial consultation with our firm today.