Neglect and abuse in nursing homes are significant problems that affect millions of seniors from all walks of life. However, for political, physical, or mental health reasons, some veteran populations are at a higher risk of neglect and abuse.
If you think your loved one is facing such difficulties, you may be entitled to recover damages. These problems can lead to significant physical injury, extreme depression, financial ruin, and early mortality in severe cases.
A Nashville veterans neglect and abuse lawyer might be able to help with your case. If you are interested in seeking legal action, call Pintas & Mullins Law Firm today at (800) 842-6336 to schedule a free consultation.
Veterans Affairs (VA) Community Living Centers
Any person who has served in the U.S. armed forces can access the Veterans Affairs (VA) community living centers. These facilities provide essential care for thousands of veterans. Veterans deserve dignity and respect. All too often, this is not their experience.
It is an unfortunate reality that these centers designed to care for veterans of the U.S. armed forces do not always provide the level of care expected from them. All too often, issues arise in which veterans are abused and neglected.
Forms of Veteran Neglect and Abuse
The U.S. Department of Veteran Affairs (VA) has established the rights and responsibilities of veterans living in community living centers. The purpose of such legal recognition is to ensure that veterans receive the degree of care that they need and deserve. These guidelines apply to everyone who has served in the armed forces. As these individuals age, they may need continuous medical attention or treatment.
Unfortunately, neglect and abuse in nursing homes are common. Veterans, like many elderly individuals, can be in a vulnerable condition, and any form of negligence could lead to fatal injuries.
Many of the forms of neglect and violence that are widespread in nursing homes include:
- Unlawful restraint. This act of abuse includes limiting a person’s right to interact with others against their will for extended periods.
- Physical abuse. Hitting, pulling, or slapping can cause bodily harm. This may also involve controlling an elderly adult against their will, such as locking them in their room or even binding them to furniture or a stationary object.
- Psychological and emotional abuse. This can include bullying, embarrassment, habitual accusing, or terrorizing a person. These procedures may cause emotional or psychological discomfort or depression to the affected individual.
- Inadequate attention. Veterans, as well as any resident of a nursing home, deserve and require a duty of care to ensure they remain healthy and safe. Negligence in providing inadequate attention to residents can take the form of a conscious decision or simple ignorance.
- Financial abuse. A caregiver who uses the funds or property of a resident without permission is engaging in financial abuse. For example, without their permission, a staff member can misuse the patient’s checks, credit cards, or falsify their signature for their own gain.
- Sexual abuse. This form of abuse involves contacting residents without their permission. Physical sexual acts or actions, such as showing a senior pornographic material or pressuring a patient to undress, may be an event that someone in a nursing home must confront.
- Self-neglect. This involves any conduct from the veterans that threaten their health or safety. For elderly individuals, self-neglect can manifest itself as a reluctance or inability to provide adequate food, water, clothes, shelter, personal hygiene, medicine, and protection and precautions for themselves. A senior nursing facility has a duty of care to ensure self-neglect does not harm any resident under their care.
If your loved one has experienced any of these unfortunate situations, you might be able to recover financial awards from the facility where the abuse occurred. If you want to take legal action, give Pintas & Mullins a call today to schedule a free case evaluation. We can hear the details of your situation and help you decide what steps you want to take next.
For a free legal consultation with a Nashville Veterans Neglect and Abuse Lawyer serving Nashville, call (800) 794-0444
Increased Risk of Abuse for Veterans
Diminished cognitive function, along with physical frailty, can place the elderly at greater risk of abuse and neglect. Older veterans share unique characteristics that could make them even more vulnerable when compared to the elderly population at large.
Specific factors that increase the risk of neglect and abuse for elderly veterans include:
- Post-Traumatic Stress Disorder (PTSD). Events from their military service may cause them to suffer from PTSD. This condition can cause serious symptoms that may make it challenging for staff members at VA community living centers or private nursing homes to handle. This could lead to staff neglecting their duties to provide appropriate care or employ more violent techniques to these veterans.
- Drug and Alcohol Abuse. Some veterans cope with traumatic events they have faced through self-medicating with alcohol or drugs. The use of such substances in a nursing home can create friction between residents and staff. In response, some nursing home employees may abandon or abuse veterans to encourage compliance with requests.
- Physical Conditions. Elderly people often face challenges with mobility and the ability to defend themselves. Veterans may have suffered injuries from their military careers, which can further compromise their abilities with these issues. If they lack independent mobility, veterans may be denied water, food, or access to the washroom when assistance is withheld.
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How a Nursing Home Can Be Negligent
There are many examples of negligence that may cause a nursing home to fail in providing adequate care for its residents. These reasons can include:
- Negligent Employee Training and Hiring Practices. Staff at nursing homes must be qualified to handle their responsibilities. Therefore, they require professional or academic degrees and a clean police background check. Employees must be properly trained to provide acceptable care for elderly residents. A nursing home is responsible for its staff and can be held liable for their failure to do so.
- Understaffing. According to the Centers for Disease Control and Prevention (CDC), nursing home aides provide much of the care for residents. The failure to employ a reasonable number of staff members can be a form of negligence on the part of a nursing home.
- Abuse from Other Residents. A nursing home is responsible for protecting its residents, which includes threats from other residents as well as guests of other residents.
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Elderly veterans are particularly vulnerable to neglect and abuse in Veterans Affairs (VA) nursing facilities as well as private nursing homes. Unfortunately, this fact can lead to injuries and losses for them.
If you or a loved one has been injured because of neglect and abuse directed at veterans, call Pintas & Mullins Law Firm at (800) 842-6336 to share the details of your case and to learn more about how a Nashville veterans neglect and abuse lawyer might be able to help. Schedule a free case evaluation today.
Tennessee’s statute of limitations for nursing home abuse cases is one year, so if you are interested in pursuing legal action, we advise you to start as soon as you can. If the one-year deadline expires, and you have not filed your lawsuit, you might lose your chance at seeking compensation forever.
If you decide to hire us, we work on contingency and do not collect compensation unless we win financial awards for you. Call us now.
Call or text (800) 794-0444 or complete a Free Case Evaluation form