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Abuse
in Nursing Homes
Abuse in nursing homes occurs when there is an act, a
failure to act, or an incitement to act done willfully,
knowingly, or recklessly through words or physical action
which causes or could cause mental or physical injury,
endangerment, or death to a nursing home resident. Abuse
in nursing homes is inclusive of verbal, sexual, mental/psychological,
or physical abuse. There are various forms of abuse in
nursing homes that can range from involuntary seclusion
to corporal punishment.
Abuse
in nursing homes has been found to be an all too frequent
of an occurrence with deadly results. There are certain
warning signs that may indicate abuse in nursing homes
is taking place. If you notice a loved one has unexplained
bruises, cuts, burns, sprains, or fractures, bedsores
or frozen joints, unexplained venereal diseases, changes
in behavior, refused visiting hours by the staff, over-medicated
conditions, or loss of possessions or large monetary
withdrawals these are all good indicators that abuse
in nursing homes may exist.
What constitutes a nursing
home or nursing facility?
What is institutional
elder abuse?
How can you tell that
elder abuse is occurring?
Should I contact an attorney
if a loved one has been neglected, abused, or otherwise
injured in a nursing home or other assisted living facility?
Do nursing home staff
have to report abuse if they see it?
How prevalent a problem
is elder abuse?
What should you do if you fear elder abuse of your loved
one?
What types of damages are recoverable?
You should be aware of what rights
exist for a resident inside a nursing home. Upon admission
of an elder to a nursing home, they should provide you
with a copy of Federal
and State rules and regulations. In addition, obtain
a state copy of rights and regulations as they apply to
nursing homes in your state. This can be obtained from
the state department of health. In addition, you should
be aware of who the nursing home advocate or ombudsman
is and how to contact
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Should
I contact an attorney if a loved one has been abused
in a nursing home or other assisted living facility?
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It
is very important that you contact
an attorney if you suspect that your loved one is
being abused or neglected
inside a nursing home. A knowledgeable attorney can
help you protect your loved one's legal
rights.
If
the immediate safety and health of your loved one is
not in jeopardy, but you feel that they have suffered
some form of abuse or neglect, you should contact
an attorney.
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Simply because
you let the state know about a specific
offense, may
not bring you the  justice
that you and your loved
ones deserve. Taking legal
action
is often the quickest and most direct route to obtaining
justice for institutional
elder abuse.
The state agent handling the case is supposed to contact
the individual who filed the complaint
to discuss the complaint in more detail. Many states
tell you that they will contact you within a few days
of receiving your complaint.
The agent is then supposed to make a surprise visit
to the facility to investigate the specific complaint.
In the case that the alleged offense is found to be
true, the state will take whatever steps they feel is
appropriate.
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