Nursing home abuse law pertains to the civil, criminal, and regulatory standards for the improper treatment of seniors by the administrators and staff of the nursing care facility. If a nursing home does not meet these standards, it can be penalized in several ways, including forcing some changes in the way it operates, suspension of the government funds, revoking the license, and an imposition of monetary damage awards.
The nature of the lawsuit
Talking from the perspective of the victims and those that want to pursue legal claims on their behalf, the most popular kind of legal action is a negligence lawsuit. A majority of nursing homes are administered by corporations or business establishments that are bent upon making profits. Though the owners might be detached, a negligence verdict or settlement can grab their attention and give way to some encouraging changes in the facility. Such proceedings can also provide the victims with adequate compensation.
How to recognize abuse or neglect
Due to their health condition or advanced age, most victims are unable to recognize the situation. Hence it is often the family members and visitors who need to find out the problem and take action.
The first kind of nursing home abuse results from unsafe, unclean, and improperly maintained equipment. The residents must also be provided with nutritious meals, onsite emergency care, recreational activities, medications, and social services as required. The staff must be well trained and must be present in sufficient number around the clock. The home should also have enough measures to prevent slips and falls, which is a major cause of nursing home injuries.
The second kind of abuse pertains to the conduct of the employees. This kind of nursing home abuse pertains to physical, emotional, sexual, or financial abuses. In some cases, the relatives or visitors might notice lacerations, bed sores, bruising, sudden weight changes, dehydration, sanitary concerns, and other symptoms of improper or inadequate care. In some cases, the victim can feel withdrawn or depressed.
It is highly expected from visitors that they ask questions, go through the financial records, and investigate any circumstances that appear suspicious.
The role of a nursing home abuse attorney
When confronting what looks like abuse or neglect, it is a smart idea to first talk to the residents of the nursing home or talk to the staff or administrators. If the concerns are not solved, then the best idea is to approach a nursing home abuse attorney to identify a clear route to take up the issue in a legal way.
