What constitutes a nursing home
or nursing facility?
A
nursing home or facility refers to any institution
that:
- Is
principally involved in providing skilled nursing
care and related services for residents who
require medical services or attention.
-
Provides injured, disabled, or sick persons
with residents with rehabilitation services.
-
Provides health-related care and services
to individuals who have mental or physical
conditions that require such services (but
is not primarily established for the care
and treatment of mental diseases.
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What
is institutional elder abuse?
Institutional elder abuse
is any type of elder abuse that occurs while an elder
is living in a nursing home or nursing facility or
abuse that occurs while an elderly individual is under
the care of a nursing home or facility. There are
many types of elder abuse, including general neglect,
physical abuse, abandonment, psychological or emotional
abuse, sexual abuse, or financial abuse. With more
elder Americans living longer than ever before, the
incidence of institutional elder abuse will continue
to rise.
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How
can you tell that elder abuse is occurring?
There are many signs that indicate elder abuse is
occurring. Examples of elder abuse include sores or
rashes on the body, a smell of urine or fecal matter
on elder's body, in their room or other living area,
obvious malnutrition, elder is excessively dehydrated,
inappropriate display of affection by staff member,
or resident has no awareness of their financial affairs.
General neglect is deprivation of basic care for totally
dependent residents that often results in injury and
death.
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Should
I contact an Elder Abuse Attorney if a loved one has
been neglected, abused, or injured in a nursing home
or other assisted living facility?
It
is very important that you contact
an Elder Abuse Attorney if you suspect that your
loved one is being abused or neglected inside a nursing
home. A knowledgeable elder abuse attorney can help
protect your loved one's legal rights.
Often times, an attorney can help you collect the
proper documentation before a nursing home covers
it up or misplaces it. They will know about statute
of limitations and other potential pitfalls that can
stop you from receiving a just remedy for the elder
abuse injury or death caused to your loved one.
| If
the immediate safety and health of your loved
one is not in jeopardy, but you feel that they
have suffered some form of elder abuse or neglect,
you should contact: |
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Do
nursing home staff have to report elder abuse if they
see it?
Reporting of elder abuse is
mandatory in some states by certain individuals, although
the requirements will vary from state to state. If certain
individuals or facilities do not report elder abuse,
they have failed in their duties to the resident and
may be guilty of a misdemeanor offense. Certain states
may also hold this party liable for damages to the injured
resident. Most states have laws that provide immunity
to an individual who reports an incidence of elder abuse
in good faith. However, immunity does not apply if the
elder abuse report is made by the individual who committed
the act.
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How
prevalent a problem is elder abuse?
Elder abuse is a serious problem that is continuing
to rise. It is estimated that 1,000,000 elderly Americans
are victimized each year, and while this includes institutional
elder abuse, domestic abuse, and self-abuse, well over
half of the incidents reported are associated to nursing
home elder abuse. Experts have estimated that well over
30,000 older Americans die prematurely due to some form
of elder abuse, negligence or mistreatment.
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What
should you do if you fear elder abuse of your
loved
one?
If you fear that elder abuse may have occurred, you
should be aware that defendants often deny liability
for their actions or place the blame on other residents
or on the resident themselves. In the majority of cases,
elder abuse or neglect is the fault of either a staff
member or the facility itself.
If
you fear an injury has occurred due to elder abuse,
begin collecting as many facts about the case as you
are able. The nursing home, especially if they know
they are guilty, will not cooperate in this process.
The perpetrator of the elder abuse or neglect may change
their stories, alter paperwork, or commit other acts
if they fear they are facing legal action. This is why
it is important to gather material now so that it makes
it difficult for them to forge documents, etc. later
on.
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What
types of damages are recoverable?
Damages are recoverable for negligence, medical expenses,
pain and suffering, and special and punitive damages.
If the safety and health of your loved one is in jeopardy, and you feel that they have suffered some form of nursing home abuse or neglect, contact us to speak with an attorney.
