Are You Eligible for a Nursing Home Abuse Claim?

Nursing Home Abuse Claim Eligibility - Understand Your Rights

 

Abuse can happen to anyone – sadly, it is a common occurrence in nursing homes. 

Many individuals in these facilities have to go through neglect, physical assault, and various types of abuse.

If you or a loved one has experienced any form of mistreatment, you may be eligible to file a claim for compensation. A nursing home abuse lawyer can help you with this. 

In this article, we'll discuss about the eligibility criteria for nursing home abuse claims and provide guidance on how to take appropriate action.

What is Nursing Home Abuse?

 

Nursing home abuse happens when a caregiver at a care facility doesn't give proper care. This abuse could be on purpose, like beating an elderly resident. Or it might happen because caregivers fail to meet seniors' needs properly.

Here are some important statistics about abuse in nursing homes:

• Up to 1 in 3 older adults may have experienced nursing home abuse.
• Elder abuse rates have risen during the COVID-19 pandemic.
• About 85% of assisted living facilities have reported at least one case of abuse or neglect.
• Surveys show that 2 in 3 staff members admit to abusing or neglecting residents.
• Shockingly, 97% of nursing home abuse cases across five states went unreported to local law enforcement.

When nursing home abuse happens, victims or their families have legal rights. Report the abuse to authorities such as the local police. 

You can also seek financial compensation for medical expenses with assistance from a nursing home abuse law firm.

Classifications of Nursing Home Abuse

 

Here are the different kinds of nursing home abuse:

1. Physical Abuse

Physical abuse happens when an inhabitant is harmed by another resident or a caretaker. 2020 WHO study found that more than 9 percent of nursing home staff confessed to abusing residents physically.

Instances of physical abuse include:

• Pushing or shoving
• Punching or kicking
• Restraining with ties or straps

A nursing home abuse law firm can help you file a claim and get settlements in case of physical abuse. 

2. Emotional Abuse

Emotional abuse, also called psychological or verbal abuse, happens when somebody offends or threatens a resident to control them. It's the most typical form of nursing home abuse.

According to the WHO, over 32% of nursing home staff members admitted to emotionally abusing residents.

Examples of emotional elder abuse include:

• Insulting the resident's appearance or intelligence
• Controlling a resident's activities without their consent
• Making threats
• Isolating seniors from their loved ones

3. Nursing Home Negligence

Nursing home delinquency happens when attendant members don't deliver sound medical care. It leads to a decline in the resident's emotional and physical well-being.

Unlike abuse, neglect isn't intentional harm but rather a result of staff carelessness.

Examples of neglect enclose:

• Medication mistakes
• Inadequate personal hygiene
• Malnutrition and Dehydration  
• Ignoring resident complaints
• Delayed reporting of injuries/illnesses
• Leaving residents unaccompanied

4. Sexual Abuse

This kind of abuse happens when a resident undergoes unwanted sexual contact, groping, or touching. It can cause physical injury like lacerations, contusions, or sexually transmitted infections, as well as mental trauma.

Disturbingly, sexual abuse often targets people who are unable to consent or are disabled.

5. Financial Abuse

Monetary elderly abuse happens when someone robs money or manipulates an older person to gain financial benefits.

Instances of financial abuse comprise:

• Preventing access to the resident's bank account
• Misapplying power of attorney to alter a resident's will
• Stealing credit cards, cash, or valuables
• Taking bank information or financial records

Although there might not be bodily harm, financial abuse can be as harmful as other types of nursing home abuse. 

6. Elder Abandonment

Elderly desertion happens when a caretaker leaves an aged person needing help alone. It's less common but can occur in nursing homes or assisted living establishments.

These are the different types of abuse happening in nursing homes. If you are going through any of these things, hire a nursing home abuse law firm to file a compensation claim. 

Signs of Nursing Home Abuse

 

Many nursing home residents can't speak up about their abuse. They might fear consequences or have no one to confide in. Medical conditions like dementia can also make it hard for seniors to communicate about their experiences.

Family members and visitors should watch for signs of abuse to intervene if needed. Common signs include:

• Broken bones and fractures
• Stage 4 bedsores
• Falls resulting in fractures or head injuries
• Bruises, welts, and burns
• Dehydration and malnutrition
• Cuts, skin tears, and lacerations
• Facial and dental injuries
• Unexplained STDs
• Infections leading to sepsis
• Unexplained weight loss

Abuse can seriously harm vulnerable adults mentally and emotionally and may even lead to death.

Anyone suspecting nursing home abuse should report it to the authorities. Also, consider consulting a nursing home abuse law firm to help victims seek compensation for their losses.

Nursing Home Abuse Claim Eligibility Criteria

 

Before considering filing a nursing home abuse claim, it's important to understand the eligibility criteria, which include:

Proof of Abuse

You need clear evidence or indications of abuse or neglect - like physical harm, emotional distress, or unexplained medical issues.

Relationship with Victim

You must have a direct connection to the victim - such as being a family member, legal guardian, or authorized representative.

Statute of Limitations

The claim should be filed within the specified time frame set by state law. It ranges from one to several years from the incident date.

Legal Authorization

If you are bringing the claim, you must have legal authority. You should have the right to pursue legal action on behalf of the victim.

Supporting Documentation

You also need all the supporting documents - including medical records, injury photos, witness accounts, and other pertinent evidence.

How Can a Nursing Home Abuse Law Firm Help You?

 

A nursing home abuse law firm can help you and your loved one get compensation while holding accountable those responsible for the abuse.

In some cases, victims who've worked with these lawyers have received significant settlements. These attorneys can:

• Make sure to file your claim on time according to state rules 
• Gather proof to support your case in court 
• Work hard to get you the most money possible

Experienced nursing home abuse law firms understand the impact of abuse and can advocate on your behalf to hold nursing home staff accountable if you or your loved one has suffered abuse.