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Protecting Vulnerable Victims From Mistreatment
Elderly citizens in nursing homes make up one of the most vulnerable populations in our country. With many people living even longer than before, our nursing homes and care centers are filling up rapidly. Unfortunately, not all nursing homes have the same level of care, and many residents face abuse and neglect, leading to injuries and other damages.
Nursing home abuse and neglect can happen for a variety of reasons, including understaffing, negligent hiring, and more. Learning that your loved one has suffered from elder abuse can be devastating, especially if their neglect or abuse led to injuries. By working with our team of personal injury lawyers, you can seek timely justice for your loved one and recover compensation to pay for their expenses.
Our team at Cornell Injury Law understands just how overwhelming it can be to fight for a loved one who has suffered from nursing home neglect. We are dedicated to helping you and your family members hold liable parties accountable for their actions. To learn more about nursing home abuse cases and receive a free consultation, contact our law firm at 319-946-4019.
What Are the Leading Causes of Neglect and Abuse in Nursing Homes?
No one sends their loved one to a nursing home expecting them to suffer neglect or abuse. Nursing home residents are often vulnerable, and many do not have loved ones to advocate for them on a daily basis. These conditions can lead to abuse.
The main causes of nursing home abuse include:
- Residents receive less individual attention when a nursing home cannot hire enough staff. Many nursing homes cannot find qualified individuals to work in their facilities, leaving residents at risk.
- Negligent hiring. Because nursing homes are generally understaffed, many managers do not thoroughly investigate the background and qualifications of the staff they hire. Because of this, many abusers or untrained individuals slip through the cracks.
- Inadequate training. When nursing home staff are not trained correctly, it can lead to nursing home neglect. Poor training can also lead to staff members making mistakes or mishandling elderly and disabled individuals.
What Types of Abuse Occur in Nursing Homes?
Nursing home abuse can take many forms, and not all of them are immediately obvious. Your elderly loved one may suffer the following types of abuse:
Abandonment
When a caregiver leaves an elderly individual to fend for themselves, it is called abandonment. Abandonment can include taking a resident somewhere outside of the care facility and dropping them off alone.
Financial Abuse
When a staff member steals money or uses manipulation to get money from a resident, it is called financial abuse. Many elderly individuals do not have the mental capacity to track their finances, leading to abuse.
Emotional Abuse
When caregivers use fear or anger to control residents, it can be classified as mental abuse. Mental abuse can lead to anger, resentment, acting out, and a reluctance to communicate with staff or family members. Residents often develop depression or anxiety long-term.
Physical Abuse
If your loved one develops unexplained bruises, broken bones, or cuts, they may be suffering from physical abuse. Some injuries may be self-inflicted but left untreated by staff members.
Sexual Assault
Unwanted sexual contact includes groping, touching, and rape. Sexual abuse is more common among individuals who do not have the mental capacity to report their abusers.
Self-Neglect
When a resident cannot care for themselves, it is called self-neglect. Staff members are supposed to step in and handle their basic needs, but inadequate staffing may prevent this from happening.
How Do You Prove a Nursing Home Abuse Case?
If you believe your loved one has suffered nursing home negligence or abuse, there are a few main elements you must prove to receive compensation. You must prove that the provider was negligent and that their actions (or lack of action) caused your family member to be injured.
The following four elements must be proven in a nursing home abuse case:
- Duty of care: The nursing home staff has a duty to care for your loved one in a reasonable manner.
- Breach of duty: The care facility breached its duty of care via abuse or neglect.
- Causation: The provider’s negligence caused your family member to suffer injuries. Medical records can often be used as proof of serious personal injury.
- Damages: The breach of duty caused your family members to suffer from damages, including medical expenses, emotional distress, and more.
Gathering proof in a nursing home abuse claim can be complicated, especially if your loved one has passed away. Our nursing home abuse attorneys will gather the following evidence to support your claim:
- Eyewitness testimonies
- Video surveillance
- Medical records
- Photographs of any injuries
- Financial statements
- Nursing home records
- Testimony from third-party medical professionals
If you suspect neglect, it is essential to work with our team of attorneys immediately to begin building your case.
Should You Consult a Personal Injury Attorney?
Learning that your loved one is a victim of nursing home neglect or abuse can be devastating. If your loved one suffered injuries from their abuse, you deserve to focus on their health and work with them on their rest and recovery. Our team of nursing home abuse attorneys can handle your entire personal injury case, from gathering evidence on your behalf to filing a lawsuit and collecting damages.
At Cornell Injury Law, we know you want the best for your loved one. Seeking justice with help from our legal team is the best way to receive compensation for your loved one’s experience. To learn more about pursuing a personal injury case, contact us today by calling 319-946-4019.