It can be a painful and difficult decision to send your loved one to a nursing home facility. However, you likely feel you are doing the right thing and making the best decision for your loved one. This is why it would be extremely shocking if you found out your loved one was being abused at the nursing home that you trusted to take care of them.
When you think of your loved one being abused, you might initially think of a physical assault. However, they could endure other types of abuse, such as:
- Financial abuse
- Emotional abuse
- Sexual abuse
- Physical abuse
- Verbal abuse
If your loved one has been facing emotional abuse, which can be more subtle, do not let that slip by. You can take legal action to recover the financial damages of such actions.
Contact Pintas & Mullins Law Firm to learn how a San Diego emotional abuse lawyer could help you get the settlement your loved one deserves. We will walk beside your loved one during this time and ensure they are treated with dignity and respect throughout the process.
Take the next step and contact us to discuss your next steps. Schedule a free case consultation today at (800) 842-6336.
Defining Emotional Abuse
According to Psychology Today, emotional abuse is an attempt to control a person in a manner that does not involve physical contact, such as hitting, punching, or kicking a person.
Examples of emotional abuse include:
- Constant criticism
- Verbal abuse such as name-calling
- Mind control games
- Shaming the person into doing what is wanted
- Blaming the person for things they are not responsible for
- Using sarcasm to put the person down
- Threats of punishment
- Withholding things a person needs (such as assistance) or withholding affection
- Isolation (threatening to cut off visits)
- The silent treatment
Nursing Home Abuse — How It Occurs
According to the publication, National Center for Biotechnology Information (NCBI), nursing home residents are vulnerable to all types of abuse, including emotional abuse.
One reason is because of their position in the hierarchy at the facility. The person caring for them holds all the power. They also do not have the resources to resist. Sometimes, they may not know how to fight back or even understand what is happening to them. They just know they are miserable.
You can talk to your loved one if you think they are dealing with emotional abuse. Try to get information about what is happening without overwhelming them. You could also keep your eyes open for any abuse, too.
The facility could be held liable for your loved one’s emotional abuse, as it is the staff’s job to keep them safe.
It can be challenging to recognize the signs of emotional abuse because there are no visible physical marks on the person that can make such abuse easy to detect. If your loved one has suffered emotional abuse, you might be able to tell by the following signs:
- Increased isolation or withdrawal from others
- Appearing depressed, confused
- Acting frightened or fearful, particularly when someone is around
- Lack of interest in group activities or hobbies
- Unexplained behavioral changes
- Problems with sleeping, concentrating
If you notice any of these signs, you might want to talk with your loved one to see if they have experienced emotional abuse. If the elder appears afraid or starts acting differently when a particular staff member is around, you can ask your loved one about the change in behavior to determine if it is an indication that something is wrong.
If you suspect abuse, you can report your concerns to the nursing home facility, the state agency responsible for overseeing senior care facilities, or law enforcement. The California Department of Aging offers information that can help you.
For a free legal consultation with a San Diego Emotional Abuse Lawyer serving San Diego, call (800) 842-6336
Legal Ramifications in Emotional Abuse Claims
California Penal Code (PEN) §368 states that abusing an older adult is a crime. As the law states, any type of abuse that causes mental distress or suffering is wrong, and the party must be held liable for it.
If someone is harming your loved one emotionally, then that is abuse. There is no reason for unfair or unkind treatment of an older adult in a nursing home facility. Your loved one deserves to be treated with respect.
If your loved one has shown signs of emotional abuse, then it could be time to reach out to a San Diego emotional abuse lawyer and talk to them about your situation. They can walk you through the process of determining what damages your loved one is eligible for and explain other legal options to you.
San Diego San Diego Emotional Abuse Lawyer Near Me (800) 842-6336
Statute of Limitations
When filing a civil case against a nursing home facility for emotional abuse, there is a statute of limitations your San Diego emotional abuse lawyer will follow. They will ensure that your lawsuit is filed according to the California Code of Civil Procedure (CCP) §335.1, which states that you generally have up to two years to file a lawsuit.
If you miss this deadline, you could miss your opportunity to recover financial awards for your loved one. We will manage all the paperwork and communications for your case and file your lawsuit on time.
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Work with a San Diego Emotional Abuse Lawyer
A lawyer can build a strong case that brings together all the relevant facts in your case. They may interview your loved one discreetly for more information and review records to see if there are other abuse complaints about the nursing home facility.
Furthermore, they can work with the opposing party to negotiate a fair settlement. If a fair settlement is not reached, your San Diego emotional abuse lawyer could represent you in civil court.
At Pintas & Mullins Law Firm, we are here for you and your family every step of the way. Contact us today to schedule a free consultation by calling (800) 842-6336.