If you experienced physical abuse, you may experience injuries that linger for an extended period of time or psychological effects that disrupt your daily life. In severe cases, physical abuse can lead to death. If you or your loved one were physically abused while living in a nursing home, a Forest View physical abuse lawyer wants to help answer any legal questions you may have. Navigating the legal system can prove stressful, but Pintas & Mullins Law Firm may help. Call us to set up a free, no-obligation consultation.
Understanding Elder Abuse
Elder abuse, according to the Centers for Disease Control and Prevention (CDC), classifies an intentional act, or failure to act, by a caregiver that creates a risk of harm to an older adult. Physical abuse, more specifically, refers to a form of mistreatment that results in an illness, creates physical pain, or causes bodily harm, impairment, or death.
Residents of nursing homes, often elderly adults, can live at an increased risk of abuse due to vulnerable physical and mental health. The World Health Organization found that about 1 in 6 adults age 60 and above experience a form of abuse in a community living facility annually. As of 2018, this same study found that 2 out of 3 nursing home staff members admitted to abusing the elderly in the year prior to the study. Caregivers and nursing home administrations have a responsibility to safeguard against any form of elder abuse or neglect, and you may have the ability to hold them accountable for their failure.
Examples of Physical Abuse
Physical abuse comes in many forms. Understanding what physical abuse may look like can help you and your loved one recognize if they suffer physical abuse in a nursing home. Physical abuse may include the following:
- Striking with an object
- Other physical actions that can result in physical harm
If your loved one has experienced any behavior involving the above or other similar actions that may constitute being abused physically, you have the right to legal representation. Physical abuse can not only affect your body, but it can also prove psychologically damaging, too. When an elderly adult is physically abused by a caregiver, family member, or fellow resident in a nursing home, it can cause them to lose trust in those around them at the facility. Abuse proves very serious and damaging to victims and those around them but recognizing physical abuse may help stop or prevent it from happening to your loved one.
Injuries Caused by Physical Abuse
While every abuse case differs, the injuries suffered from physical abuse depend largely on the severity of the incident causing harm. In minor incidents, physical abuse in a nursing home can result in bruises, cuts, scrapes, soreness, stiffness, pain, and discomfort. In more severe cases, physical abuse can cause broken bones, debilitation, and even death. Knowing your legal options if your loved one faces potential physical abuse can help remove them from the facility and also compensate your family for the losses associated with the abuse.
Laws Prohibiting Abuse in Nursing Homes
Federal law requires nursing home facilities to provide adequate care for residents to the best of their ability. When a facility breaches this agreement, a form of abuse may occur. Unfortunately, residents rarely report physical abuse, according to the World Health Organization, so they rely upon family members to keep an eye out for and address this problem.
If you do witness signs of physical abuse, or if your loved one does report it, you have a few options to ensure their safety and seek justice from the nursing home at fault. Immediately report any potential actions that may classify as physical abuse to both the nursing home administration and law enforcement. If you feel the abuse may continue, you may also want to consider removing your loved one from that facility. Once you secure your loved one’s safety, you can explore your legal options during this difficult time.
A Forest View physical abuse lawyer may help answer your legal questions and discuss your case. While no two cases of physical abuse share the exact same circumstances, you may qualify for compensation.
Potential Compensation for Elderly Victims Physically Abused
If you or a loved one suffered from being physically abused while living in a nursing home, you may have a case for compensation. This financial compensation may include reimbursement for medical expenses related to injuries suffered, ongoing physical therapy, or psychological treatment needed in the aftermath of the incident. You can speak with our nursing home abuse attorneys to learn more about what types of compensation may be available based on your case.
For a free legal consultation with a personal injury lawyer serving Forest View, call (800) 794-0444
Get Legal Help from a Nursing Home Abuse Lawyer Today
Suffering as the victim of physical abuse in a nursing home can cause tremendous pain and turmoil, affecting your loved one’s life and the rest of your family. No one deserves to experience abuse in any form, let alone physical abuse by nursing home staff members you trusted with your loved one’s health. The good news is that there is something you can do. Understanding the legal actions you may take may help you recover fair compensation for medical expenses, relocation of your loved one, and their pain and suffering.
Nursing home abuse lawyers may also help relieve your family of the burden of communicating with insurers or going to court so that you may focus on healing your loved one.