Abuse and neglect in nursing homes take many different forms. Each creates serious and damaging harm for the victims, so immediate and direct action is required in all of these cases. Unfortunately, nursing home abuse is fairly common in facilities across the country, and many instances of abuse and neglect go unreported.
If you or a loved one suffered physical, sexual, verbal, or financial abuse or experienced the negative effects of neglect in a nursing home, you should report the conduct to your state’s relevant government agency, get medical attention, and reach out to a lawyer as soon as possible.
At Wruck Paupore, our dedicated nursing home abuse and neglect attorneys have the experience and resources to get victims the compensation they deserve. Call us today at (219) 322-1166 to receive a free initial case assessment on your case.
Nursing home abuse takes many different forms. While you may be aware of some of the major forms of abuse, it is important to take all forms of abuse and neglect into account, as an unfortunately large percentage of these instances go undiscovered or unreported each year.
Some abuse could be intentionally physical in nature. Staff members may take out their frustrations on residents, who are particularly vulnerable to harmful contact. Common instances of physical abuse include slapping, kicking, and pushing the resident down the stairs.
The physical abuse could also be sexual in nature. These are among the least reported instances of nursing home abuse. Sexual abuse in nursing homes does not have to include direct physical contact; verbal sexual harassment will also create grounds for a lawsuit.
In fact, all verbal (or non-physical) forms of abuse are considered nursing home abuse. Public shaming, humiliation, teasing, bullying, and deprivation of privacy can cause severe psychological distress in a resident. Though it does not leave a bruise, this type of behavior is certainly harmful and wrong and deserves to be punished.
Nursing homes also provide an opportunity for financial predators to take advantage of residents and their assets. Many nursing homes maintain credit accounts for their residents to allow them to make payments easily. However, these accounts are ripe for theft or embezzlement, particularly if the resident’s condition prevents them from keeping track of their finances.
A nursing home’s neglect of the needs and well-being of their residents will be considered abuse, whether it was intentional, such as the other forms of abuse covered above. Even if the neglect is not intentional, it can create liability for the nursing home.
According to the Centers for Disease Control and Prevention (CDC), nursing home neglect is the failure to meet the resident’s basic needs, such as adequate food, water, shelter, clothing, and medical care. Deprivation of any of these needs can result in the development of new health conditions or the exacerbation of existing ones.
In addition to federal legislation and guidance from agencies such as the CDC, individual states provide additional protections for residents of nursing homes or assisted living facilities. A seasoned nursing home abuse and neglect lawyer will be able to help you identify where your facility’s administrators or staffers fell short in their legal obligations to you.
When nursing home abuse or neglect occurs, the most important first step is identifying it early to prevent additional damage from being done. However, it has been shown that a substantial number of instances of nursing home abuse go unreported, even for residents on Medicare or Medicaid. The reasons for this discrepancy vary. Some victims feel shame or guilt about coming forward, while others may not even realize or remember the abuse.
Below are some key warning signs that indicate the resident has been subjected to nursing home abuse or neglect.
If you have a family member or loved one in a nursing home or other assisted living facility and they are exhibiting any of the above signs of nursing home abuse and neglect, reach out to a dedicated nursing home abuse and neglect lawyer as soon as possible.
If you have reason to believe that you or a loved one has been affected by negligent, reckless, or intentionally harmful behavior at a nursing home, you should look to report the incident (or incidents) as soon as possible. Each state has a designated agency established to investigate these reports while keeping identities confidential.
Victims should also seek external medical attention as soon as possible to cure any physical conditions caused by the abuse or neglect before they worsen. Particularly in elderly individuals, symptoms of conditions caused by abuse or neglect may appear normal without professional evaluation.
Finally, you should always reach out to a dedicated nursing home abuse and neglect attorney to help you evaluate your legal options to recover damages from the party responsible for causing your accident. Our lawyers are familiar with the differences in state law that could affect critical issues in your case, such as who is liable and how much you stand to recover.
If you or a loved one was recently the victim of nursing home abuse or neglect, get a free case assessment for your first call to the dedicated nursing home abuse and neglect attorneys at Wruck Paupore at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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