April 17, 2023 | Nursing Home Abuse
Nursing home abuse and nursing home neglect both hurt residents. Abuse and neglect cause severe injury, emotional harm, and wrongful death. In this context, neglect is a form of abuse.
Oftentimes, the primary difference between nursing home abuse and nursing home neglect is intent. Abuse occurs when someone intentionally and deliberately takes action to cause another person. Examples of nursing home abuse include:
- Sexual abuse
- Emotional abuse
- Financial exploitation
- Physical abuse
Neglect is failing to take action to provide for the basic needs of a person within a person’s care. Neglect can be active or passive.
For example, suppose a nursing home is understaffed. The staff members do their best to care for all residents, but some residents do not receive adequate care. Therefore, the neglect would be unintentional and passive.
On the other hand, suppose the staff members of a nursing home do not like to bathe patients or feed them. Therefore, they are careless and do not attend to the patient’s needs as they should. This example would be a case of active, intentional neglect.
Whether you suspect nursing home abuse or nursing home neglect, it is essential to take immediate action to protect your family member. Abuse and neglect can result in life-threatening conditions and death.
Call 911 if you believe your loved one is in immediate danger or requires emergency medical services. You can report nursing home abuse to Adult Protective Services (APS) at 800-752-6200. Also, call a Lexington nursing home abuse lawyer to discuss your family member’s legal rights.
Ways To Prevent Nursing Home Abuse and Nursing Home Neglect in Lexington, KY
Placing your loved one in a nursing home or assisted living facility can cause stress and emotional trauma for everyone involved. However, some family members may need skilled care that the family cannot provide. However, you can protect your loved one from harm by:
Conduct Extensive Research
When searching for a nursing home, consult your family member’s doctors and health care providers for recommendations. Talk with family members and friends about recommendations for facilities.
Research each facility online for reviews and complaints. Medicare.gov allows you to search for nursing homes near you and provides ratings for the homes on the list. You can also obtain information about nursing homes from the Kentucky Division of Health Care.
Visit Nursing Homes
Before choosing a nursing home, visit several nursing homes. Take a nursing home tour, talk to staff members, and ask to speak with residents. Then, return to each nursing home unannounced to observe the facility when they do not expect you.
Learn the Signs of Nursing Home Abuse and Neglect
Frequent visits with nursing home residents are one of the best ways to prevent neglect and abuse. Elderly and vulnerable adults are more at risk of abuse and neglect when they do not have routine visits from friends and family members.
If possible, schedule visits with other family members and friends so that someone visits your loved one each week. Some families who cannot visit regularly hire sitters to spend a few hours each week with their loved ones in the nursing home. A sitter works for the family and reports directly to the family if the patient shows signs of abuse or neglect.
Can I Sue a Nursing Home for Abuse and Neglect?
Nursing homes have a duty of care to protect their patients from abuse and neglect. They are charged with keeping the patients safe, providing safe premises, and delivering adequate care. The nursing home can be held accountable for the actions of its employees and its own negligence.
Individuals who abuse or neglect elderly individuals can face criminal charges. They can also be named in civil lawsuits against the nursing home.
Common nursing home lawsuits involve, but are not limited to:
- Medication errors
- Physical abuse
- Sexual abuse
- Resident-to-resident abuse
- Improper or lack of medical care
- Psychological abuse
- Dropped patients
- Emotional abuse
If you prove that a nursing home was negligent or committed intentional wrongdoing that caused your loved one harm, your family member could receive damages for a nursing home abuse claim. Damages could include:
- Past and future medical expenses
- Expenses for relocation to a new facility
- Emotional distress
- Physical pain and suffering
- Restitution for stolen or damaged property
- Therapy and rehabilitation services
- Punitive damages
- Mental anguish
The first step is to ensure your loved one is safe. Then, you can pursue a civil claim to hold the nursing home and the persons responsible for the harm accountable for their actions.
Contact Our Nursing Home Abuse Law Firm in Lexington Today To Get More Information
Minner Vines Moncus Injury Lawyers
325 W Main St #210, Lexington, KY 40507