Veterans of the armed forces dedicate their lives to serve the public. It is a sad reality that veterans are sometimes unfairly treated after their service. Due to the many physical and emotional challenges veterans face both while serving and in civilian life, many live in nursing homes with caregivers available to help with daily needs, often through the Veterans Affairs system of healthcare.
While these facilities can prove to be sufficient living environments for many, some veterans face abuse and neglect. If you or a loved one has suffered from a form of abuse or neglect as a veteran, you could be eligible for financial compensation. Because all cases are unique, it could be beneficial to discuss your potential claim with a San Francisco veterans neglect and abuse lawyer. The team at Pintas & Mullins Law Firm is available to answer your questions and help you determine if you are eligible for action and possible compensation. Call us today to learn more.
Challenges Facing Veterans
There are many factors that contribute to both an increase in the likelihood that veterans will need assistance with their health, as well as their potential to face abuse and neglect. Veterans, whether they are in combat or not, can suffer physical and emotional stress. A return to civilian life after serving in the military or engaging in conflicts abroad can prove challenging. This can lead to the need for medical care and assistance with daily needs. All of these conditions can culminate into risk factors for abuse.
Many veterans are in a physically or emotionally vulnerable state which can be problematic as others may attempt to abuse them for personal gain. Abuse can happen while serving in the military, under the care of a long-term care facility like a nursing home, or in general civilian life.
One common condition veterans face is Post Traumatic Stress Disorder, known as PTSD. This devastating condition is characterized by flashbacks of traumatic events, sleeping difficulties, anxiety, depression, and even suicidal thoughts. The United States Department of Veterans Affairs estimates that as many as 15% of veterans face PTSD. This estimate can vary depending on the type of service, combat conditions, and duration of time served. It is also notable that the number could be higher when unreported or undiagnosed cases are considered.
Substance abuse is also a common risk factor for veterans that can make them more vulnerable to other forms of abuse. The Department of Veterans Affairs reported that 20% of veterans who are suffering from PTSD also suffer from a substance abuse problem. Conversely, 1 out of every 3 veterans who are seeking treatment for substance abuse, also were diagnosed with PTSD.
With so many challenges facing veterans, many turn to long-term care facilities or treatment options within the VA Hospital system. Unfortunately, these men and women who served face the risk of abuse and neglect while seeking treatment.
Nursing Home Neglect and Abuse
Nursing homes are designed to provide support for those who need help with their daily needs. It is a sad reality that this is not always the case. Nursing home neglect is the failure to act in a reasonable or appropriate manner. Abuse is any form of behavior that causes harm to another person. Because nursing homes are required to uphold a high standard of care, based on the Nursing Home Reform Act of 1987, both abuse and neglect are not only wrong they are illegal. In some cases, victims of veteran abuse and neglect are therefore eligible to take legal action against responsible parties.
Examples of nursing home abuse and neglect include:
- Physical Abuse: Striking, kicking, pushing, or any behavior that results in physical contact and harm can be deemed physical abuse.
- Emotional Abuse: Yelling, screaming, belittling, or degrading the self-worth of a veteran resident can be considered emotional abuse, which encompasses all forms of behavior that cause emotional pain and suffering. Emotional abuse can cause permanent damage and the need for ongoing care.
- Financial Abuse: Some veterans who receive benefits or government subsidies are victims of fraudulent behavior designed to exploit their personal finances. Financial abuse can also affect personal capital.
- Sexual Abuse: Any behavior that is sexual in nature and causes harm is sexual abuse and is grounds for legal action.
- Negligence: Negligent behavior, like failure to keep a facility safe, failure to administer medication or provide adequate care, lack of supervision, and other forms is very dangerous.
If your loved one faced abuse or neglect as a veteran there are ways you can get help. No one deserves to be treated unfairly, especially veterans who have dedicated their lives to a greater cause.
For a free legal consultation with a San Francisco Veterans Neglect and Abuse Lawyer Lawyer serving San Francisco, call (800) 794-0444
Recoverable Compensation For Victims
Veterans who suffered due to neglect and abuse along with their families are sometimes eligible for compensation. This can include reimbursement for legal fees, past and future medical bills, punitive damages meant to punish perpetrators, and more. Discussing your case with a San Francisco veterans neglect and abuse lawyer could prove beneficial if you are exploring your legal options and wondering if you have a case. Remember that most jurisdictions have a statute of limitations for neglect and abuse cases. This means it is important to act now in order to ensure your potential case is valid, based on when an incident occurred.
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Abuse and neglect are both immoral and illegal, and any form of mistreatment is unacceptable. Victims deserve justice. While dealing with the aftermath of abuse can be overwhelming, it is important to remember that you could have legal options. If you are interested in learning more about potential legal action or would like to discuss your case with a San Francisco veterans neglect and abuse lawyer, Pintas & Mullins Law Firm is available to help. Call us to schedule a free consultation with a team member to learn more today.
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