Physical abuse of our seniors is one of the most shocking crimes. Elder abuse statistics from the U.S. Department of Justice show that as many as one in 10 adults over the age of 65 suffers from some kind of abuse. If your loved one is suffering from physical abuse in their nursing home, you should act immediately to keep them safe from further harm.
Physical abuse in the nursing home can come in many forms, including:
Active Physical Abuse
This is what we typically associate with physical abuse. It entails anything inflicting direct harm and injury to the senior, such as slapping, pushing, kicking, and any other type of deliberate physical aggression.
Nursing home staff should use restraints only for medical purposes. However, restraints have been used to “manage” an elderly person or to punish them. This is illegal and can cause injuries. It can also cause unnecessary pain and suffering to a senior who is unable to move for prolonged periods.
Physical neglect can also count as physical abuse in the nursing home. Staff may neglect a resident’s daily needs such as eating and drinking, or they may neglect the personal hygiene needs of a resident. This can cause the senior to suffer serious and potentially life-threatening injuries from malnutrition, dehydration, and unhygienic conditions.
There can also be other physical abuse such as inappropriate use of drugs to sedate the senior. If any of this happened to your loved one, do not hesitate and contact a San Francisco physical abuse lawyer for advice on your legal options. Abuse of seniors in nursing homes is unacceptable, and those responsible should be held accountable. Contact Pintas & Mullins Law Firm today to explore your legal options.
Signs of Physical Abuse
If your loved one is suffering from physical abuse in their nursing home, you might be able to detect some signs of abuse on their body. These signs can include:
- Sprained or broken bones
- Unexplained burns or cuts
- Hair loss
- Marks on wrists from restraining
- Malnutrition and dehydration
- Unexplained weight loss
There could also be other signs of physical abuse. While we tend to concentrate on the physical manifestations of abuse, you may also be able to observe psychological effects on your loved one. For example, your relative may withdraw from social events or show signs of depression. They may also try to avoid certain caregivers.
If your loved one is a victim of physical abuse, they most likely show some effects on their body and their mental health, even if they are unable or unwilling to talk about any abuse.
Finding out that your loved one suffers from physical abuse can be heartbreaking for the entire family.
Keeping Your Loved One Safe
If you believe your relative is suffering from physical abuse, you will want to act swiftly in order to remove them from any danger and the possibility of suffering further abuse in their nursing home. You should report your findings to the nursing home staff immediately and seek medical advice as soon as possible.
Documenting any injuries with notes, photographs, and a physician’s report can be helpful if you decide to take legal action later on.
Once your relative is safe and has been taken care of, your next step can be to speak to a San Francisco physical abuse lawyer and explore your legal options. You could hold the nursing home accountable for your loved one’s treatment and unnecessary suffering. Physical abuse in nursing homes is not only immoral, it is also illegal.
You could receive compensation for the pain and suffering of your loved one.
For a free legal consultation with an physical abuse lawyer serving San Francisco, call (800) 842-6336
The Nursing Home Can Be Liable
Several state and federal laws regulate nursing homes to ensure that the residents are treated with the dignity and standard of care that they deserve. According to the Nursing Home Reform Act, residents should be free from any type of abuse in the nursing home. The nursing home has certain responsibilities to ensure an environment free from abuse and neglect, which includes:
- Hiring responsibly
- Having qualified and trained staff on site
- Providing adequate staff at all times
- Having procedures and protocols in place to protect residents from neglect and abuse
A nursing home should conduct background checks on any new staff to make sure they do not have a history of violence, for example. There should also be adequate numbers of staff available to assist residents with all their daily needs so that there is no danger of them suffering from neglect. Unfortunately, despite laws and regulations, nursing homes can cut corners with staff, which can result in abuse and neglect of residents.
It is important to note that you can hold a nursing home responsible for physical abuse happening on the premises. The nursing home has the overall responsibility to prevent abuse, whether it is staff, visitors, or another resident who commit physical abuse.
If your loved one was hurt due to nursing home abuse, speaking to a San Francisco physical abuse lawyer can help you understand your rights.
San Francisco Physical Abuse Lawyer Near Me (800) 842-6336
Pintas & Mullins Law Firm Can Work for You
While it can seem daunting and complicated to hold a nursing home accountable for the abuse of your loved one, you do not have to do this alone. We can be by your side and fight for you, building your case against a facility. If you take action against a nursing home, you may be able to recover compensation that helps you and your loved one move on from this difficult time. You could recover any medical bills incurred due to physical abuse, as well as transportation costs, and awards for pain and suffering.
We do not charge any upfront attorney’s fees or out-of-pocket costs to help you and your loved one, and only get paid when you receive a settlement. Contact Pintas & Mullins Law Firm today to speak to one of our team members and find out about your legal options. Call us today.