Nursing home residents deserve quality medical care, protection from harm, and respectful and courteous treatment. When residents fall victim to sexual abuse and other abusive actions, they can suffer both physically and emotionally. Your loved one and your family may be able to hold nursing homes that permit abuse to occur accountable for their negligent care and practices. In this devastating situation, a Columbus sexual abuse lawyer may be able to help.
During these challenging times, we know your family must focus solely on protecting and caring for your loved one. Abuse victims pay nothing upfront to Pintas & Mullins Law Firm to start a legal claim. Payment for legal fees occurs if your loved one receives an award of compensation. Call our offices at (800) 842-6336 and learn more about how to move forward with your potential legal claim.
Sexual Abuse in Nursing Homes
Nursing home residents have a right to be free from all forms of abuse, including sexual abuse, under 42 C.F.R. §483.12. Among other things, nursing homes must have written policies governing the prevention and investigation of abuse to residents and train staff on how to prevent, identify, and report instances of abuse. They also must investigate allegations of abuse and report them to the proper local, state, and federal law enforcement and governmental authorities.
According to the National Consumer Voice for Quality Long-Term Care (NCCNHR), sexual abuse is a form of nursing home abuse that most often goes unreported. Furthermore, residents with dementia, or those with diminished mental capacity, are far more likely to fall victim to sexual abuse. However, all nursing home residents are at risk for sexual and other forms of abuse.
Although most people assume that nursing home staff members commit sexual abuse to residents, anyone present in the nursing home setting can be an abuser. These people might include visitors, delivery persons, temporary workers, family members, and even other residents. Nursing homes have a legal duty to protect their residents from all possible sources of abuse.
Legal Claims Against Nursing Homes for Abuse
When nursing homes fail to live up to their legal duties to protect residents, they can face civil liability or financial responsibility for their conduct. This substandard level of care and procedures can stem from many different forms of action or inaction by nursing home staff and administrators. For instance, failing to adequately screen prospective staff members by performing background checks and contacting references can lead to the hiring of staff members who have a history of abuse or who are otherwise unqualified to care for residents.
Likewise, nursing homes must ensure that all staff members are properly trained, supervised, and monitored to ensure that they treat residents appropriately. They also must understand how to identify and report abuse to residents. If a nursing home fails to follow its training procedures and policies in these respects, it can face civil liability.
Furthermore, nursing homes have a duty to monitor anyone who enters a nursing home, whether it be a delivery driver, mail carrier, visitor, outside medical provider, or contract worker. These measures are necessary to protect all nursing home residents from harm.
When nursing homes fail to take these precautions and follow stated procedures and protocols, nursing home residents are at a greater risk of harm. Therefore, if abuse to a resident occurs, the nursing home may be liable. A Columbus sexual abuse lawyer can analyze the circumstances that led to the abuse of your loved one while in a nursing home and present all available options.
For a free legal consultation with a Sexual Abuse Lawyer serving Columbus, call (800) 794-0444
Handling Your Legal Claim
When your loved one suffers injuries from sexual abuse while in a nursing home, your first instinct is likely to remove your loved one from the situation and seek other remedies from the nursing home. However, you should be aware that your loved one may have a legal claim, which can trigger the insurance company or legal representatives for the nursing home to contact you directly. In this situation, you may be unsure of what to do or whom to trust.
If you hear from insurance agents or other legal or administrative representatives for the nursing home, they may pressure you to accept a quick and easy settlement that is well below what your loved one deserves.
A lawyer can help you evaluate their losses and negotiate for fair compensation. They can also handle all communications with insurers and the legal representatives of the liable parties. You can focus instead on helping your loved one recover and spending time with them.
Columbus Sexual Abuse Lawyer Near Me (800) 794-0444
Let Us Help You Take Care of Your Loved Ones
When sexual abuse occurs in a nursing home, your loved one is likely suffering from physical and mental trauma. While you are caring for your relative, we can handle your legal claim and seek compensation on your behalf.
We are here to not obtain an award for your loved one but also to hold the nursing home accountable for its actions. In doing so, we may be able to prevent similar harm to other residents in the future. A Columbus sexual abuse lawyer can help you learn more about the steps necessary for filing a legal claim.
Together, we can seek justice for your loved one, not only in the form of compensation but also in changing the way that nursing homes do business. We may hold them responsible for meeting their legal duties of care and ensuring that other nursing home residents do not suffer the same fate.
Call Pintas & Mullins Law Firm today at (800) 842-6336 and get more information about how to proceed with your case.