When a loved one needs more care than you and other family members can provide at home, you may consider a nursing home as an alternative. Nursing homes typically provide a level of around-the-clock medical care to ensure that residents are safe and receive the necessary treatment.
In some cases, however, nursing homes fail to carry out their legal duty to protect residents. When nursing home residents suffer abuse or neglect, they may have a legal claim for compensation for their injuries. You can look to a Kansas City verbal or emotional abuse lawyer for counsel and advice if your loved one has suffered injuries while in the care of a nursing home.
Nursing homes have a legal duty to provide residents with quality care and respect their legal rights, including the right to be from mental and physical abuse. When a nursing home violates this duty of care, the nursing home can be legally accountable for the costs of the resident’s injuries. Pintas & Mullins Law Firm assists injured residents and their families with their legal claims. Contact (800) 842-6336 to find out how we can help.
Verbal or Emotional Abuse in Nursing Homes
The National Consumer Voice for Quality Long-Term Care defines abuse as any intentional infliction of pain or harm. This includes physical abuse and psychological abuse, which may consist of ignoring, making fun of, or cursing at residents. Emotional or mental abuse includes making threats to the residents of punishment or withholding necessary care, such as food or medicine.
According to the National Center on Elder Abuse (NCEA), the impact of psychological abuse on nursing home residents can be significant. These vulnerable adults may experience greater declines in mental health, as well as ongoing mental distress and depression as a result of this type of abuse.
Unfortunately, signs of psychological abuse may not always be obvious, especially when nursing home residents are reluctant to speak up out of fear of retaliation by their abusers. Similarly, some victims simply may be unable to report abuse, especially if they suffer from dementia or other conditions that adversely affect their mental capacities.
Nursing Home Liability in Psychological Abuse Cases
Nursing homes have a duty under the law to protect their residents and make reasonable efforts to keep them safe from harm. When nursing homes allow residents to experience any form of abuse, including verbal or emotional abuse, they have violated that legal duty of care, which makes them responsible for any harm that occurs.
Injury victims and their families can hold nursing homes liable or financially responsible for their injuries. A Kansas City verbal or emotional abuse lawyer can help families hold nursing homes accountable when they allow their loved ones to suffer abuse.
In many cases, nursing home staff are the perpetrators of emotional or verbal abuse toward residents. However, in some cases, other residents may be the source of this abuse. In either situation, the nursing home can face liability for the injuries to residents.
In terms of abuse by other residents, nursing homes can be responsible for the abuse if they fail to adequately protect residents from abusive residents. Inadequate monitoring and supervision of residents can lead to this liability.
Nursing homes also have a duty to properly screen prospective employees, and once they become employees, train, monitor, and supervise them. Failure to diligently and regularly perform these duties can lead directly to the abuse of residents by staff members. When nursing home administration ignores or fails to properly implement their own hiring and supervisory policies, they can face liability for resulting harm to residents.
Chronic understaffing is another situation that can cause abuse to nursing home residents. A lack of staff to properly monitor residents and tend to their needs can result in some residents being abusive to others. Likewise, long hours, high turnover, and too many responsibilities can create undue pressure and frustration for staff members, making them more likely to abuse residents.
For a free legal consultation with a Verbal or Emotional Abuse Lawyer serving Kansas, call (800) 794-0444
Damages in Nursing Home Abuse Claims
Various types of compensation or damages might be available through a nursing home claim for emotional abuse. The extent and type of compensation can differ according to the severity of the abuse that occurred.
For instance, injury victims may be eligible to collect compensation for treatment of their injuries. They may require counseling or psychiatric care after suffering verbal or emotional abuse. Other possible expenses can include compensation for transportation to and from treatment facilities or doctor offices, emotional trauma, and mental distress.
The costs of transferring a loved one to another long-term care facility to avoid further abuse and ensure adequate care also may be an available form of compensation.
Kansas Verbal or Emotional Abuse Lawyer Near Me (800) 794-0444
Hold Nursing Homes Responsible for Your Injuries
Nursing homes violate their legal duties of care when any negligence on the part of staff members leads to any type of abuse to residents. The impact of abuse on already vulnerable nursing home residents can be devastating.
Abuse victims have a right to seek justice for their injuries and hold nursing homes accountable for allowing their abuse. Not only can abused residents seek financial compensation for their injuries, but they also can help prevent other nursing home residents from suffering similar forms of abuse.
Hiring a Kansas City verbal or emotional abuse lawyer can be the first step toward making nursing homes responsible for their negligent actions in allowing residents to suffer abuse.
At Pintas & Mullins Law Firm, we recognize that not everyone has money at their disposal to pay for legal fees, especially when handling unexpected expenses in the aftermath of nursing home abuse. We take your claim on a contingency fee basis, which means that you do not pay our fees until we win.
We receive our fees only after you and your family receive a settlement for injuries to your loved ones. Call (800) 842-6336 and get the information that you need to move forward with your nursing home abuse claim.