Moving a family member to a nursing home is a difficult decision. You trust the staff at these facilities to provide the daily support and medical attention your loved one needs. When you learn that they are suffering from physical abuse or neglect in a facility that is supposed to care for them, it can be devastating.
Nursing home staff have a duty to provide care while upholding the dignity and respect of older adults in their charge. Despite this, the National Council on Aging (NCOA) reports that roughly 1 of every 10 Americans who are 60 or older suffer from one or more types of elder abuse.
If your loved one has suffered any injuries due to physical abuse or neglect in the nursing home where they live, you may be able to seek compensation on their behalf. A Louisville physical abuse lawyer can help you investigate the circumstances leading to your loved one’s injuries. Call Pintas & Mullins Law Firm at (800) 842-6336 for your free, confidential, and no-obligation case review today.
Physical Abuse in Nursing Homes
Physical abuse can refer to several different actions, any of which may cause harm to the victim. These actions may cause direct injury or aggravate existing health conditions, leading to worse outcomes and even death. Examples of physical abuse in nursing homes include the following:
- Overly rough handling of residents
- Slapping, punching, or kicking
- Scratching, bruising, or burning
- Physical restraining without just cause
- Physical confinement without justification
- Overmedicating or inappropriate medication
- Shoving
- Using excessive force when assisting with daily living activities
Actions of neglect that lead to an injury can also fall under physical abuse. For example, refusing to help a resident who needs assistance to walk can lead to a fall.
Signs of Nursing Home Physical Abuse
Physical abuse can sometimes leave behind unexplained marks or symptoms. Look out for:
- Unexplained cuts, burns, bruises, or lacerations
- Broken bones, dislocations, and sprains
- Skin discolorations
- Hair or tooth loss
- Wounds
- Swelling
- Complaints about pain
- Sudden-onset incontinence
In some cases, the perpetrator may take care not to leave any physical marks or may be extra friendly in your presence. Apart from physical signs, you may notice that your loved one shows personality or behavioral changes without a reasonable explanation. Always watch out for inconsistencies in the way your loved one acts. These can include:
- Increased aggression or violent outbursts.
- Fearfulness or anxiety, especially around a certain caregiver.
- Withdrawal into oneself, depression.
Family members and guardians of residents should always trust their intuition and investigate any signs of abuse. Your loved one may be afraid to speak out. If your loved one is verbal and complains about maltreatment, investigate before dismissing their claims. Employees may take advantage and handle your loved one roughly if they know you will not believe them.
Even without any physical signs, investigate what seems off, and contact a nursing home injury lawyer if you need help to collect evidence or prove harm. Do not hesitate to reach out to Pintas & Mullins Law Firm if you suspect abuse.
For a free legal consultation with a Physical Abuse Lawyer serving Louisville, call (800) 842-6336
What the Laws Say about Nursing Home Abuse
According to the Nursing Home Reform Act of 1987 and the Elder Justice Act of 2009, nursing home abuse is not only morally reprehensible, but it is also illegal. These facilities’ residents are entitled to the highest standard of care, including freedom from all abuse and neglect.
Additionally, they have a right to demand timely investigations of all abuse allegations. The nursing home has specific responsibilities to prevent residents’ abuse, such as conducting background checks of all caregivers and staff members. They should also take reasonable measures to prevent abuse by other residents, contractors, or visitors to their premises.
Louisville Physical Abuse Lawyer Near Me (800) 842-6336
Recoverable Damages in a Nursing Home Abuse Case
Suppose your loved one suffered a physical injury because of nursing home abuse. In that case, you may be able to file a lawsuit against the at-fault parties. With a nursing home abuse lawyer’s help, you can collect evidence and build a strong case to show the staff or administration’s negligence or fault. If wrongful death was a direct or indirect result of the abuse, you could file a wrongful death lawsuit.
The statute of limitations for personal injury, including nursing home abuse, is only one year in Kentucky. This means you must act immediately when you suspect abuse has occurred to allow sufficient time to build a strong case on your loved one’s behalf. You may be able to claim compensation for the following tangible and intangible losses:
- Present and future medical bills
- Cost of medical equipment and rehabilitative care
- Physical pain and suffering
- Emotional distress and mental anguish
- Funeral and burial costs for wrongful death suits
Pintas & Mullins Law Firm Is Here to Help You
Nursing home abuse is a widespread problem in the United States that impacts thousands of nursing home residents every year. This is why it is crucial to monitor your loved one’s physical, emotional, and mental state. If you notice any signs of abuse or neglect, reach out to our Louisville physical abuse lawyer for assistance.
At Pintas & Mullins Law Firm, our nursing home abuse lawyers represent residents of these facilities who have fallen victim to various types of harm, including physical abuse. Upon reviewing your case, we may be able to build a strong claim and fight to ensure your loved one receives fair compensation for their injuries. Call us at (800) 842-6336 today for your free, confidential, case evaluation.
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