Seniors living with Alzheimer’s disease, dementia, and other medical conditions require specialized care. For that reason, many families place their elderly loved ones in nursing homes. However, some residents experience instances of abuse, neglect, and mistreatment. The National Council on Aging (NCOA) says that approximately five million elders suffer abuse and neglect each year.
If you placed an elderly loved one into a nursing home, and they suffered emotional abuse, you can pursue a claim or lawsuit. A Philadelphia emotional abuse lawyer can investigate the circumstances of your case to prove negligence and liability. At Pintas & Mullins Law Firm, we are committed to helping our clients pursue justice. Call us at (800) 842-6336 for a free consultation.
Understanding Negligence and Abuse in Nursing Homes
42 U.S. Code §1395i-3, otherwise known as the Nursing Home Reform Act of 1987, provides guidelines regarding nursing homes’ standard of care. The federal government established this law when they discovered that many facilities did not provide adequate care for their residents. Under this mandate, each nursing home resident has fundamental rights.
A Philadelphia emotional abuse lawyer can help your loved one receive various entitlements, including:
- The right to standard care, which meets social, emotional, mental, and physical needs
- Freedom of communication
- The right to privacy
- Freedom from restraints
- Freedom from neglect, mistreatment, and abuse
- Freedom to pursue a claim without facing retribution
Additionally, the Older Adults Protection Act (OAPSA) mandates that any employee or administrator of a nursing home must report instances of abuse or neglect to the proper authorities.
Circumstances that need reporting include:
- Suspicious death
- Severe physical injury
- Emotional abuse
- Sexual abuse
Your loved one has legal rights. Call Pintas & Mullins Law Firm today to learn more.
How Residents in Nursing Homes Experience Emotional Abuse
Verbal and nonverbal acts toward older adults can make them suffer emotional distress, anguish, and pain. This type of victimization can lead to psychological distress and mental health issues. Residents in a nursing home can endure different kinds of emotional abuse, ranging from patronizing language to psychological manipulation.
In some cases, other forms of mistreatment accompany emotional abuse. If you suspect that your loved one is suffering any form of abuse or neglect in their nursing home, you should take immediate measures to ensure their safety and wellbeing.
For a free legal consultation with a Philadelphia Emotional Abuse Lawyer serving Philadelphia, call (800) 794-0444
The Signs of Emotional Abuse in Older Adults
Understanding the signs of emotional abuse in a nursing home can help you know when your loved one needs help. Many instances of abuse or neglect go unreported because some residents do not have the cognitive ability to communicate their needs.
Some signs of emotional abuse include:
- Verbal abuse, like insulting a resident or yelling at them
- Treating a resident like an infant or child to humiliate them
- Depriving a resident of health care services
- Ignoring residents’ needs
- Isolating a resident from family members and friends
- Threatening to harm a resident physically
- Using methods to punish an elderly resident, such as bondage or depriving them of food or water
There are other signs of emotional abuse not listed here.
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Filing an Emotional Abuse Claim Against a Care Facility
While federal and state laws aim to protect residents, it is the complainant’s task to prove liability. To recover compensation for your losses, you will need to prove that because the nursing home allowed instances of abuse to take place, they acted negligently.
It can be challenging to demonstrate that instances of abuse took place in your loved one’s nursing home.
However, a Philadelphia emotional abuse lawyer will use the following evidence to support your case, including:
- Recorded statements from witnesses and family members
- Information regarding the nursing home’s care history
- Photographs of your loved one’s living conditions, if neglect also played a role in your loved one’s mistreatment
- The dates of when certain instances of abuse happened
- The name of the staff member(s) who initiated the abuse
- Descriptions regarding the types of abuse that took place
- Closed-circuit television (CCTV) footage
By utilizing the pieces of evidence above, your lawyer will aim to prove that your loved one suffered emotional abuse at the hands of a negligent nursing home.
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Recovering Compensation in a Nursing Home Abuse Case
Pintas & Mullins Law Firm wants to help you and your family receive compensation for your abuse-related expenses.
Some types of compensable losses in your case could include:
- Pain and suffering
- The cost of moving to a new facility
- The cost of mental health counseling
- Medical expenses
- The cost of any stolen personal effects
42 Pa. Cons. Stat. §5524(2) requires you to file a nursing home abuse lawsuit within two years from the time it occurred. This deadline may change depending on when you discovered instances of abuse. When you call Pintas & Mullins Law Firm, you can discuss your case with a member of our legal team at no cost.
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Get Help from a Philadelphia Emotional Abuse Lawyer
Although you have the ability to represent yourself, working with a lawyer can advance your legal goals. Some nursing home abuse cases can become complicated, especially if the negligent facility denies accountability.
Our lawyers will use evidence to prove the nursing home’s responsibility for your loved one’s emotional abuse. We will also calculate the cost of your damages, including those that you can reasonably expect in the future.
Emotional abuse can be a traumatic experience. Your legal team can hold the negligent party accountable for their actions.
Pursue Compensation with Pintas & Mullins Law Firm
Nursing homes have an obligation to provide safe living conditions for elderly residents. When they do not uphold this obligation, and elderly residents suffer emotional abuse, they open themselves up to liability.
If you suspect that your loved one is suffering emotional abuse in their nursing home, consider how a Philadelphia emotional abuse lawyer can help you. At Pintas & Mullins Law Firm, we do not shy away from even the toughest of cases. You can get in touch with a member of our legal team today. Dial (800) 842-6336 to begin.