Federal law stipulates a right to freedom from “physical, verbal, mental, financial, and sexual abuse” for all nursing home residents. The reality of nursing home care is that it frequently results in different types of abuse. There is some form of nursing home abuse in many facilities, even though the extent may vary.
Emotional abuse is the most commonly reported type of elder abuse. Reporting elder abuse is uncommon, and you are advised to pursue compensation if you suspect your loved one is suffering from emotional abuse in a nursing home. Call an Oak Park emotional abuse lawyer from Pintas & Mullins Law Firm today for help.
Good Emotional Care Is a Right
When your loved one moves into a nursing home, it is intended to be a positive transition. Throughout the brief history of nursing home research and legislative measures, emotional care is considered one of the top measures of good quality care in a nursing home. Not only is good emotional care a basic federal right for all nursing home residents, but it is also reinforced by law in the state of Illinois.
If you pursue a claim for emotional abuse in a nursing home, consider doing it for no other reason than that your loved one’s nursing home staff are breaking the law. Moreover, when nursing home residents suffer from one type of abuse, they often are suffering from at least one more kind of abuse. Elder abuse, in any form, should not be tolerated.
Elder Abuse Causes
It is well known that nursing home staff are often outnumbered by the ratio of patients they are assigned. While there is no quantitative requirement stipulated by federal or state law in Illinois, the Nursing Home Reform Act of 1987 maintains that staffing must be “adequate” in nursing homes.
When abuse happens in nursing homes, it is usually due to staff members, and more rarely, other residents or visitors. However, recently published journals from the Department of Health and Human Services (HHS) show that there are a number of factors that cause nursing home staff to abuse residents:
- Stress levels are high due to overwhelming, emotional labor.
- Nursing home care staff are outnumbered by the long roster of residents they are assigned to.
- Nursing home staff lacks proper supervision, if there is any at all.
- Improper or lack of training for new staff can lead to high levels of abuse.
This is a non-exhaustive list of factors that may contribute to emotional exhaustion for nursing home staff members, and consequential abuse for your loved ones. Even if a higher-level staff member is to blame, they should be held accountable for mismanagement, and for your loved one’s suffering. Build your case with Pintas & Mullins Law Firm today.
Legal Cases Against Emotional Abuse
When it comes to emotional abuse cases, you may feel like your evidence is not “all there.” That is common, and we welcome the challenge of seemingly tough cases.
Truthfully, even though the signs of emotional abuse are varied, there are some common scenarios of abuse when it comes to nursing homes. In fact, emotional abuseis one of the most reported types of abuse in nursing homes. That is because it can be so nuanced, and interpretations of emotional abuse can vary.However, if your loved one’s behavior changed, or worse, you noticed emotional abuse firsthand, do not hold back from filing a case. At the very least, it is in your best interest to file with your loved one’s designated ombudsman, and to report it with the county. When we can show that you have a vested interest in your loved one’s care, proving negligence or abuse becomes much simpler.
Nursing home abuse and neglect cases are typically filed through civil courts. In these cases, the goal is to get your family compensation to settle for damages like emotional damages, pain and suffering, therapy costs, and any other costs that your loved one incurred as a result of the abuse. Our lawyers will work through your case to discern every possible claim you may have. Of course, it is in our best interest to bolster your case with as much evidence as possible.
Daily Instances of Emotional Abuse
The haunting fact about emotional abuse is that it can happen and go completely unnoticed for a long time. The sooner you report a case of emotional abuse, the better. Chances are, you will make the day-to-day experience of living in a nursing home all-around better for residents and their families. The Oak Park emotional abuse lawyers from Pintas & Mullins Law Firm can help you get started when you give us a call today.
According to the Center for Disease Control (CDC), these are some of the most common forms of emotional abuse:
- Humiliation: insults, infantilizing, or degrading your loved one with words or behavior has serious consequences.
- Isolation: if your loved one is unnecessarily removed from social situations, or left unattended for unnecessary amounts of time, that can lead to feelings of depression, and in more serious cases, thoughts or attempts of suicide.
- Threats: threats are perhaps one of the most straightforward types of emotional abuse, and a serious one.
- Harassment: if your loved one is constantly pestered or forced to do something against his or her will, that is considered emotional abuse.
This is not an all-inclusive list of possible emotional abuse cases. It is one of the most common forms of abuse, and one of the most nuanced forms. Do not wait until the “right time” to report elder abuse. If you suspect it is going on, there is no harm in defending your loved one’s rights.
For a free legal consultation with a Emotional Abuse Lawyer serving Oak Park, call (800) 794-0444
Emotional Abuse Lawyers Can Help You
When you suspect emotional abuse, your first instinct may be to assume guilt or responsibility for filing a claim yourself. However, this is not the case. Our Oak Park emotional abuse lawyers are eager to get you the settlement you deserve, for damages and losses suffered.
Do not wait too long to begin your emotional abuse claim. Call Pintas & Mullins Law Firm now for a free consultation.