Elderly Abuse Information and Nursing Home Lawsuit Case Examples...
Elderly abuse cases are growing as an increasing number of Americans
move into long-term care
facilities.
America's population base is graying rapidly and this puts
strains on nursing homes in their ability to find and hire competent
staff.
Many elderly
residents feel helpless or intimidated and have a difficult time coming
forward to report the problem.
When a nursing home contract is signed, the
resident expects a certain degree of support, comfort and stability,
particularly as their physical condition worsens.
Unfortunately, for some nursing home residents,
this expectation is not met. The results can vary from frustrating to
tragic.
Indicators
of a problem in a nursing care facility can include:
-poorly trained or unqualified staff;
-staff with a prior history of
violence; and/or
-inadequate staffing levels.
These
problems can result in
elderly abuse situations such as:
-isolation,
-psychological torment,
-theft of
prescriptions,
-physical or sexual abuse of residents.
Elderly abuse cases seek to establish the type of
abuse and liability
the nursing home is under. This can include
personal injuries caused by:
-negligence,
-false imprisonment,
-violations of
licensing regulations,
-maintenance and
residential hazards.
Most
cases start with a complaint, followed by an
investigation by an adult protective services agency, then a civil or
criminal case. A civil case aims to recover financial
damages, a
criminal case is meant to punish harmful conduct.
In civil elderly abuse cases, the usual course of
action is to prove there was negligence
on the part of the staff,
supervision, hiring and training of employees, and facility maintenance
or
equipment, and that this negligence was harmful or abusive.
Negligence
by employees can be far ranging and may include breach of
service,
mishandling prescriptions and medication dosages, or even psychological
isolation.
Criminal elderly abuse cases are much less common
(thankfully). They can include neglect, deliberate mistreatment, and
physical or sexual abuse.
Historically, elder victims have often
remained silent, but these types of nursing home lawsuits are going to
court more often and reaching convictions more readily.
There is
enough precedent that many states now have additional penalties for
injuries and privations affected by elderly abuse cases, particularly
in
instances where there's unjustified use of restraints, failure to
provide adequate food, and failure to maintain residents' hygiene.
Read the following case examples to
better understand the legalities of elderly abuse lawsuits:
Medical
Negligence Lawsuit Seeking Damages for a Wrongful Death - In
this medical negligence lawsuit the plaintiff is asking the court to
award damages for the death of her father as a result of a nursing
home's medical negligence.
Lawsuit
Involving Nurse Negligence & Failure to Adequately Screen Staff
- In this suit involving nurse negligence, a nurse with prior
misdemeanor battery offenses was not adequately screened by the
facility where she was hired. She ultimately assaulted a resident.
Nursing
Home Negligence Lawsuit Alleging Inadequate Care - In this
nursing home negligence lawsuit, plaintiffs allege the nursing home
failed to provide adequate care for a resident resulting in serious
medical problems.
Nursing
Home Negligence Settlement is Given After Salmonella Outbreak
- This nursing home negligence settlement came about when a nursing
home experienced a serious outbreak of salmonella, sending many
residents to the hospital.
Nursing
Home Sexual Abuse by Employee - In this nursing home sexual
abuse lawsuit, criminal charges were filed against an attendant who had
sexually abused a female resident numerous times.
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