When a family must place a loved one in a nursing home for care, they expect them to receive compassion, social interaction, appropriate medical care, and attention to their basic needs. You and your family should not have to monitor your loved one for signs of abuse or neglect, but unfortunately, these incidents of abuse occur all too frequently in long-term care facilities. If your loved one suffered injuries as a result of emotional or other forms of abuse while in a nursing home, you might look to a Dallas emotional abuse lawyer for assistance.
While in a nursing home, your loved one has a right to a safe, clean, and friendly environment in which they get the care they need. You have a right to expect nursing homes and their staff to reasonably meet the needs of your loved one promptly, adequately, and completely. Experiencing emotional abuse can lead to injuries, deterioration in mental health, and other adverse effects. When your loved one has suffered this form of abuse, you might want the help of the legal team at Pintas & Mullins Law Firm. Call (800) 842-6336 to learn more about your rights and options for legal recourse.
Emotional Abuse of Nursing Home Residents
State and federal laws guarantee that nursing home residents are able to live without fear of abuse, including physical and emotional abuse, as well as neglect. According to the National Consumer Voice for Quality Long-Term Care, emotional or psychological abuse can include intentionally ignoring, putting down, making fun of, yelling, or cursing at nursing home residents. Emotional abuse also can consist of threats of punishment or deprivation of essential needs, such as food, water, medication, and hygienic care. Keeping residents from friends and family members can be a form of emotional abuse, as well.
Emotional abuse can have various effects on nursing home residents, who already are uniquely susceptible to isolation, anxiety, and depression. This abuse can heighten the risk of overall mental decline, as well as increase anxiety and depression. Furthermore, nursing home residents may be fearful of reporting abuse, even to family members or friends, due to threats of retaliation, deprivation, or even violence. As a result, discerning whether a nursing home resident is a victim of emotional abuse can be challenging.
In a research study about elder abuse in residential long-term care settings, the National Center for Biotechnology Information (NCBI) reported that 81% of nursing home staff admitted that they had seen at least one incident of psychological abuse over the past 12 months, and 40% of staff admitted to committing this type of abuse. The most common type of emotional abuse observed or committed was yelling at residents, and the second most common type involved swearing at or insulting residents. In most cases, these incidents occurred out of anger or frustration by the staff member committing the abuse.
Holding Nursing Homes Accountable for Abuse to Residents
Nursing homes are legally bound to provide residents with appropriate care and protect them from any form of abuse and neglect. When staff members abuse residents, the nursing homes are responsible for any resulting injuries to those residents. Nursing homes must properly screen prospective employees, train them, supervise them, and monitor them. Administrators should have safeguards in place specifically to prevent abuse to residents. They should also avoid chronic understaffing, which can lead to excessive frustration and anger in staff members and result in abuse to residents.
Likewise, nursing homes have a duty to protect residents not only from staff members but other residents. Allowing other residents to belittle, curse at, or otherwise emotionally abuse their neighbors is intolerable. Nursing homes may be liable if they fail to monitor or supervise residents in a way that protects them from the abuse of other residents. A Dallas emotional abuse lawyer might be able to assist residents and their families in holding nursing homes liable for allowing abuse to occur. Find out how an attorney can help with your case by contacting Pintas & Mullins Law Firm.
For a free legal consultation with a Dallas Emotional Abuse Lawyer serving Dallas, call (800) 794-0444
Seeking Compensation in Nursing Home Abuse Claims
Injured nursing home residents and their families may be able to seek compensation from nursing homes whose staff members and administrators inflict or fail to protect residents from abuse. Compensation may be available for the costs of any injuries suffered by nursing home residents. Common examples of compensation might include:
- Medical expenses, including therapy and psychiatric treatment
- Pain, suffering, emotional trauma, and post-traumatic stress disorder
- Reduced quality or enjoyment of life
- Costs of transferring your loved one to a different nursing facility, if needed
The extent of the compensation for which you might qualify in this situation depends on the severity of the abuse, the extent of the injuries to your loved one, and other facts surrounding the situation. By consulting legal counsel, you could get a clearer picture of the potential value of your claim based on all relevant factors.
Dallas Dallas Emotional Abuse Lawyer Near Me (800) 794-0444
Contact Us Today to Find Out How We Can Help
Reporting nursing home abuse may be enough to stop the ongoing abuse of your loved one. However, the lingering effects of that abuse and the injuries that your loved one has suffered will not disappear overnight. In some cases, this abuse can lead to lasting injuries that permanently affect the health of your loved one. As a result, your loved one and your family members may have a valid legal claim against the nursing home and all parties responsible for the abuse. A Dallas emotional abuse lawyer may be able to give you advice about your rights and guide you throughout the claims process.
Since you may be experiencing unexpected medical costs and other expenses related to your loved one during this challenging time, you might be worried about adding legal fees to your budget. For this reason, we handle nursing home abuse claims for clients on a contingency fee basis. You will not pay any out-of-pocket legal fees upfront before we start handling your claim. Instead, you will pay legal fees only when you receive compensation for the injuries to your loved one. Learn more about how we handle nursing home abuse claims at Pintas & Mullins Law Firm by calling (800) 842-6336 right away.