When a loved one is placed in a nursing home, it is with the intention that they are going to be well cared for and have their every need seen to, medication administered appropriately, and be put back on the path to health, or maintain a comfortable lifestyle.
When the opposite occurs – abuse, neglect, and medical malpractice – it is devastating.
What’s more, some of this conduct can even be criminal. This is why a nursing home abuse attorney is an incredibly important ally to have.
According to the Code of Federal Regulations, abuse is defined as “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, mental pain, or anguish.” In order for a nursing home abuse case to be filed, someone must have taken direct action and intended to cause harm to the patient. This separates abuse from neglect and medical malpractice, and also makes it eligible for criminal charges, as well.
The NCBI (National Center for Biotechnology Information) has published reports regarding nursing home neglect, and lists the following common types of abuse from Certified Nursing Assistants:
Unlike abuse, where physical action was taken against a patient, neglect is the result of inaction or indifference. The Code of Federal Regulations defines it as “the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness.”
The NCBI also lists the types of neglect by CNAs:
If you have a relative in a nursing home, there are various signs of elder abuse that may become evident. These are the signs of abuse you should be alert to:
If you observe any of these conditions or other issues that may put your loved one at risk, write them down, and immediately speak to the administration, along with issuing a letter with your concerns. If the situation does not improve or worsens, the next step would be to call 911 and remove the family member from the nursing home. After they have been removed, report the abuse or neglect and contact a nursing home abuse attorney to discuss your case.
There are two types of damages a person could receive in a nursing home abuse case. The first is called compensatory damages. These include both economic and non-economic damages, such as lost wages, lost benefits, pain and suffering, and loss of consortium. The other form of damages someone could potentially receive is called punitive damages. These are very rarely awarded and are meant as a deterrent from other companies doing the same thing. Punitive damages may be awarded in the most severe cases, where there was gross negligence, including wrongful death, and direct malice towards the individual. The decision to award punitive damages is made by a jury.
If your loved one has been abused or neglected while in a nursing home, a lawsuit can be filed against all liable parties. This includes a care worker who inflicted harm, a medical professional who failed to provide the accepted standard of care, the nursing home itself, and any other party who breached what is termed the “duty of care.” At Malloy Law Offices, LLC, our team of experienced trial lawyers is very familiar with the processes involved in filing a lawsuit against a negligent nursing home. They will be able to assemble all of the information necessary to bring your loved one’s abusers to justice and ensure your family member receives the compensation they are owed. Contact Malloy Law Offices, LLC for a free consultation today.