What is Nursing Home Abuse?
Abuse is an intentional act to cause harm to another person. Nursing home abuse is when such an act happens in a nursing home and against an elderly resident there. The perpetrators are usually caretakers, but, in some cases, the abuse can be carried out by other residents who are enabled by the staff members.
Forms of nursing home abuse include but are not limited to:
- Striking or pushing
- Belittling or humiliating
- Yelling or threatening
- Sexual assaulting
- Stealing finances or property
- Intentionally ignoring
As seen above, nursing home abuse can take many forms, not just physical. Sexual, financial, social, and emotional abuse are also common forms of abuse in many nursing homes.
Elders who have been intentionally abused are often scared to report the incidents to family members. Or they might not be able to report the incidents due to memory or speech issues. Any family member who regularly communicates with or visits an elder in a nursing home needs to pay attention to any potential warning signs of abuse, like unexplained injuries, missing finances, and fearfulness around certain people.
What is Nursing Home Neglect?
Neglect can be just as dangerous in a nursing home as abuse. When a caretaker fails to provide adequate care and attention to an elderly resident and their needs, they are carrying out nursing home neglect. In many cases, the caretaker is wholly unaware that they have been neglectful, or they felt forced to neglect residents due to time constraints. Neither explanation is an excuse for the behavior and its consequences, though.
Nursing home neglect might come in the form of:
- Bedsores due to a resident being unable to move.
- Dehydration or malnourishment due to skipped meal services.
- Depression due to unintentional isolation.
- Illness due to missing prescription doses.
Damages Caused by Nursing Home Abuse & Neglect
Our Philadelphia nursing home abuse and neglect attorneys can help you and your loved one pursue compensation from the nursing home that caused so much harm. Due to the legal rule of respondeat superior, the nursing home can be sued for the misdeeds of its employees, which means we will probably file against the nursing home’s insurance policies. Although this could mean we will go up against an experienced insurance defense team, it also means the chances of getting a better recovery could increase.
Your recovery should help pay for:
- Past and future nursing home costs, including those incurred at a new nursing home.
- Medical care required to treat your injured or ill loved one.
- Pain, suffering, and trauma endured by your loved one.
- Emotional trauma you have felt if your loved one passed away due to the abuse.
A nursing home abuse claim might also be the first step in getting your loved one out of that nursing home and possibly protecting others from the same abuse in the future. The CMS is infamous for only issuing “slap on the wrist” penalties to nursing homes that violate its safety standards. A lawsuit that targets their finances could encourage them to improve their ways better than any government fine.
24/7 Legal Assistance is a Phone Call Away
Smith Smith Clinesmith LLP answers the phone 24/7/365. If you have a loved one in a Philadelphia nursing home and you think they’ve been abused or neglected, then you should never hesitate to reach out to us. We are here to help, and we genuinely want to win for you and your family.
Call (877) 976-8411 at any time and any day you need legal help.