Nursing home residents are some of the most vulnerable members of society. Unfortunately, this makes them a common target for abuse. Abuse or neglect in a long-term care facility can take many forms and affect residents on a physical, emotional, or financial level.
If your loved one suffered abuse in a nursing home, an experienced injury attorney can help you take action. A personal injury claim could not only hold the nursing home accountable but also compensate your loved one for their injuries. With the help of an Atascocita nursing home abuse lawyer, you can maximize your potential compensation.
Understanding Nursing Home Abuse and Neglect
There are many forms of nursing home abuse that could lead to a settlement. Any of these cases could result in significant monetary compensation to cover your loved one’s losses.
Neglect is the most common cause of injuries in nursing homes. An act of neglect occurs when a nursing home caretaker fails to provide for the basic human needs of a resident. Your loved one may have a valid claim for neglect if the nursing home staff failed to bathe them, provide them with food and water, or administer their medication at the proper time.
Physical abuse is the use of force on a nursing home resident to cause pain or injury. This may involve intentionally pinching, hitting, or restraining a resident.
The unlawful use or taking of a nursing home resident’s money or assets is known as financial abuse. Unfortunately, many residents with cognitive issues are vulnerable to financial abuse.
Any form of sexual contact without consent is sexual abuse. However, this type of abuse is not always physical. Acts of exposure and sexually explicit comments may also be grounds for legal action.
Emotional or psychological abuse is any verbal or nonverbal communication that is likely to cause distress, fear, or anguish in a nursing home resident. This may involve shouting, mocking, humiliating, or ignoring the resident. A seasoned lawyer from Haines Law can help your loved one determine what type of abuse or neglect they experienced in their nursing home.
Pursuing a Claim Against a Long-Term Care Facility in Atascocita
Though an individual employee may be responsible for your loved one’s injuries, you also have the option of seeking compensation from the facility itself. There are numerous ways to pursue an injury claim directly against a nursing home. The most common example occurs when the abuser is an employee of the facility.
Nursing homes—like all businesses—can face civil liability for the negligence of their employees through a legal concept known as respondeat superior. Under respondeat superior, any activity that occurs within the scope of employment can lead to liability for the employer. In a nursing home setting, this means a caretaker that commits abuse while on the clock could lead to a legal claim against the owner or operator of the nursing home.
There are other options for pursuing a case against the nursing home outside of respondeat superior. In some cases, the actions of the nursing home operators lead to abuse or neglect. For example, a nursing home could fail to maintain adequate staff levels or negligently hire someone that has a history of neglect. An attorney in Atascocita can help you identify all the potentially liable parties in your nursing home abuse claim.
Reach Out to an Atascocita Nursing Home Abuse Attorney Today
If your loved one is a survivor of nursing home abuse, they should not have to bear the financial hardships that come with their recovery. By pursuing a settlement, you can help your family member recover compensation from their abusers and the nursing home that allowed it to happen. To learn more, schedule a free consultation with an Atascocita nursing home abuse lawyer today.