When a caregiver on staff at a nursing home abuses a resident, the facility can be liable for monetary compensation. Caregiver abuse at a nursing home can include physical, sexual, financial, and emotional abuse. Conduct that violates federal laws that protect the right of nursing home residents can also be abuse.
A nursing home is liable if a caregiver on staff abuses a resident. A lawyer who handles claims against nursing homes can help you take action against the facility. Call Pintas & Mullins Law Firm today at (800) 842-6336. The initial consultation is free, and there is no obligation.
What Constitutes Caregiver Abuse in a Nursing Home?
When a caregiver on staff at a nursing home mistreats a resident, the conduct can constitute abuse. Here are some examples of caregiver abuse:
- Physical abuse: The caregiver strikes, pushes, slaps, hits, or in some other manner, causes harm to the resident. Intentionally leaving a person lying in his or her own waste or refusing to administer medical treatment like wound care are examples of abuse. It is abuse if the caregiver uses physical restraints or chemical restraints. Intentionally withholding food, hydration, or medication are also forms of abuse.
- Sexual abuse of nursing home residents: If a caregiver engages in any type of unwanted sexual activity with a resident, the conduct is sexual abuse. Performing sex acts with a person who is incapable of giving legal consent to the activity, due to cognitive impairment, grogginess from medications, being asleep, or being in an altered state of consciousness like a coma or vegetative state, all constitute sexual abuse.
- Financial abuse happens when a caregiver wrongfully deprives a resident of his or her cash, assets like bank and investment accounts, or personal property like items in his or her room. A caregiver might trick or coerce a resident into signing a power of attorney that allows the caregiver to transfer the resident’s car, home, and financial accounts over to them. It is also financial abuse when a caregiver misappropriates a resident’s pension, Social Security, or other benefits.
- A caregiver commits emotional abuse when she does or says things that cause the resident distress. Belittling or taunting a resident about his or her religion, sexual orientation or identity, ethnic origin, medical condition, intelligence, impairments, or gender are examples of emotional abuse. Humiliating, threatening, or harassing the person is also emotional abuse.
The facility should be watchful for all forms of caregiver abuse of the residents. Failure to identify abuse, stop the harmful conduct, and take action to prevent future abuse can make a facility liable for the harm from the abuse.
Federal Law on Caregiver Abuse in Nursing Homes
The federal government enacted legislation over 30 years ago to protect nursing home residents from abuse. Every nursing home that receives any funding or certification from Medicare or Medicaid must comply with these laws.
The individual patient does not have to be a Medicare or Medicaid beneficiary to have the protection of the federal laws. It is enough that the facility has a certification or that anyone who lives in the nursing home is a beneficiary of Medicare or Medicaid.
For a free case review, call Pintas & Mullins Law Firm today at (800) 842-6336.
Awards for Caregiver Abuse at a Nursing Home
When a caregiver on staff at a nursing home abuses a resident, the resulting harm can be devastating. Nursing home residents are often physically fragile, so abuse can cause much more extensive injuries than it would to a younger person. The facility is liable for the harm an abusive caregiver on staff causes to a person living in the nursing home.
Some of the common awards in caregiver abuse claims against nursing homes include:
These financial losses come with receipts or invoices that make it relatively easy to determine the dollar value of the items:
- Medical expenses: You can seek recovery of the reasonable cost of the medical services needed to treat the injuries from the abuse. This category can include things like the ambulance, emergency room, hospital, doctor visits, procedures, diagnostic testing, and prescription drugs.
- Enhanced level of care: Due to the harm that abuse can cause, your parent or spouse might need a higher level of care than before, such as skilled nursing. The facility can be liable for the increased cost of the care.
- Equipment: Your claim can include things like wheelchairs, walkers, or other items that your loved one did not need before, but now needs as a result of the abuse.
- Economic losses from financial abuse.
Your lawyer needs to know every way that the abuse has impacted the life of your loved one.
These losses usually do not have bills or statements that set forth their value in terms of dollars. Despite that fact, these things are legitimate losses. Some of the common non-financial losses in cases of nursing home caregiver abuse include:
- Depression and anxiety.
- Loss of enjoyment of life.
- Pain and suffering.
After we talk with you and investigate the facts of your case, we can begin to determine the amount of compensation you can go after from the nursing facility.
How a Lawyer Can Help with a Nursing Home Caregiver Abuse Claim
If a caregiver on staff abuses a resident, the facility may be liable. If your parent or spouse got hurt as the result of caregiver abuse at a nursing home, you should talk to a lawyer about your legal rights. You might be able to pursue compensation from the facility.
We handle nursing home lawsuits all over the country. You will not have to come up with a legal fee deposit to get our help. Our legal fees will come out of the settlement proceeds or award at the end of the matter.
You do not have to work with a lawyer on your nursing home claim, but it can be a wise decision to do so. The liability insurance carrier for the nursing home will do everything in its power to pay you as little money as possible for the harm your loved one suffered. Having a lawyer on your side can help to even the playing field.
You only have a limited amount of time to take action against the facility. If you miss the deadline, you could lose the right to monetary compensation.
Call Pintas & Mullins Law Firm today at (800) 842-6336 to get started. We can evaluate your situation at no cost to you, and there is no obligation.