According to the National Council on Aging (NCOA), physical abuse in a nursing home can increase the residents’ risk of death by 300%. Abuse in nursing homes can result in serious consequences for residents and their families. If your loved one was a victim of physical abuse in a nursing home, you may be able to file a claim for compensation.
At Pintas & Mullins Law Firm, we can help manage the process of your case for you to help protect your loved one’s rights. Our lawyers understand the complexities involved in such cases. We can provide guidance about measures to take to pursue the rights of victims.
Call our Philadelphia physical abuse lawyer today at (800) 842-6336 for an evaluation of your case.
Forms of Physical Abuse in Nursing Homes
Physical abuse can take many forms, but in the nursing home setting, the most common examples may include:
- Failure to provide clothing
- Throwing things at residents
- Pinching, punching, burning, slapping, shoving, or striking residents
- Restraining or forcing residents to stay in bed
- Deprivation of food
- Failure to maintain sanitary conditions
Anyone in the nursing home may demonstrate abusive behaviors to a resident. This includes nursing staff, activity leaders, and others within the nursing home facility. If your loved one was harmed by a staff member or service provider while under the care of the nursing home, you may be able to pursue a lawsuit.
Evidence of Physical Abuse Among Nursing Home Residents
Psychological and emotional abuse in a nursing home can be harder to detect than physical abuse, but even signs of physical abuse may be difficult to see. Moreover, an abused person may find it difficult to talk about the fact that they are being harmed. However, there are several indicators that may suggest that an older adult is being abused.
Some types of evidence that might indicate physical abuse in a nursing home resident include:
- Internal bleeding and organ damage
- Dehydration or malnutrition
- Unexplained hair loss
- Fear or complaints about particular staff members
- Broken bones, dislocations, and sprains
- Loss of appetite, leading to weight loss
- Unexplained cuts, bruises, black eyes, and scalding
- Cigarette burns and other forms of burns
- Mental health problems, such as depression, anxiety, insomnia, or mood swings
- Refusal to take drugs
- Under- or over-medication
- Bedsores and untreated health conditions
- Abrasions, especially around the ankles and wrists, suggesting physical restraint
Nursing home staff may attempt to conceal these indicators by attributing the signs of abuse to accidents. If you are able to document any evidence of abuse, including nursing home records or documentation from a nurse or doctor, this may be important for building a case.
If any evidence in your loved one’s situation seems concerning, a Philadelphia physical abuse lawyer can offer legal counsel for how to proceed.
For a free legal consultation with a Philadelphia Physical Abuse Lawyer serving Philadelphia, call (800) 794-0444
The Nursing Home May Be Liable for Physical Abuse
Although there are many causes of physical abuse in a nursing home, the liability for injuries suffered often lies with the facility.
Actions that can lead you to hold a nursing home liable for your loved one’s losses and suffering include:
- Hiring staff without adequate investigation into their past
- Poor supervision of workers
- Insufficient staff
- Failure to train their workers
- Failure to act on earlier reported cases of abuse
- Sluggish response to complaints
Nursing homes can be expected to provide safe conditions for residents under their care. A failure to do so may mean that the facility can be held liable for negligence.
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Compensation for Physical Abuse
If you suspect your loved one is a victim of physical abuse in a nursing home, you may be able to pursue legal action for injuries suffered. We can help you pursue both non-financial and financial awards.
You may be able to receive financial awards for verifiable costs connected to the abuse. On the other hand, non-financial awards can also compensate the victim of abuse for emotional injuries.
Therefore, the forms of losses you may be able to recover in your loved one’s case include:
- Medical expenses
- The transport costs of visiting the doctor
- Relocation costs for a new nursing home transfer
- Pain and suffering
- Punitive awards against abusers
- Loss of enjoyment of life
A lawyer can help you assign the correct dollar value to your claim when you pursue a settlement. Severe injuries like bone fractures, spinal cord damage, and brain injuries may involve extensive medical costs that can be factored into your claim value. The cost of even minor injuries may add up quickly as well.
A lawyer can help you seek and negotiate fair monetary compensation.
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Seek Help from a Philadelphia Physical Abuse Lawyer
Discovering that your family member suffered physical abuse can be daunting. While it may be possible to pursue a claim like this on your own, the challenges involved in such cases can make the guidance of a lawyer important as you seek justice.
A lawyer can fight to ensure that all responsible parties are held accountable and can fight for your monetary compensation through ways such as:
- Seeking the assistance of law enforcement and bringing experts on board to investigate the matter
- Gathering evidence, like witness statements, videos, and photos, to help prove your case
- Assessing and valuing your loved one’s losses
- Helping navigate complex federal or state regulations and laws
- Identifying all at-fault parties
- Negotiating for a fair settlement
- Taking the matter to court where necessary
However, keep in mind there are laws that limit the amount of time you have to file personal injury claims. According to Pennsylvania Consolidated Statutes Annotated (CSA) §5524, you have a two-year deadline for filing your injury claim.
The victims of nursing home abuse and their family members deserve guidance after the incident. A lawyer can offer much-needed help. We can work to hold those responsible for your loved one’s suffering accountable.
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Contact Pintas & Mullins Law Firm for a Free Consultation
If you and your loved one are suffering from the consequences of abuse, you do not need to be alone in pursuing your legal options. A lawyer can take care of the legal details for you while you and your family recover from an experience like this.
Our Philadelphia physical abuse lawyer is ready to help you seek justice after a nursing home abuse incident. At the Pintas & Mullins Law Firm, we work on a contingency basis, which means that we require no up-front fees to get started with your case. We will only be paid when we settle your case.
Contact Pintas & Mullins Law Firm today at (800) 842-6336 to discuss your situation.