Nursing home abuse occurs when a nursing home patient suffers bodily, psychological, or financial harm as a result of the caregivers' negligence or malicious actions. According to studies, 24 percent of Americans die in nursing homes each year. Nearly 10,000 nursing home patients submitted abuse complaints in 2013, according to the National Center for Victims of Violence.
Some nursing facilities may be understaffed or overcrowded, putting caregivers under a lot of strain. This may put caregivers under a lot of stress, resulting in physical or emotional abuse of the residents. Poor business policies may result in the hiring of caretakers with little or no prior expertise or training. Bedsores, falls and head injuries, signs of emotional distress, fractures, sedation, malnutrition, etc. are some of the common signs of a nursing home abuse.
Nursing home abuse may be presented as a physical abuse, psychological abuse, sexual abuse, or financial abuse. Nursing home abuse can cause physical, psychological and financial consequences in the victims. Nursing home abuse policies vary from state to state in the United States. It was created by the federal, state, and local governments to ensure that nursing homes provide high-quality care to their patients. A nursing home abuse attorney should be consulted before filing a nursing home abuse lawsuit. Either the plaintiff or his family members would be the victims of abuse. Abuse in nursing homes Plaintiffs' attorneys represent them in filing a case against the defendant, who is either the caregiver or the nursing home administrator.
Medical expenditures, as well as damages for pain and suffering, would be covered by compensation for nursing home abuse along with other rehabilitation expenses as per the circumstances of the incident. The claim can be filed under negligence tort or breach of contract. Depending upon the seriousness and severity of the abuse, the lawsuit could be filed as a civil or criminal lawsuit. The claim should be filed within the statute of limitations of the state where the abuse had taken place. The claim would be filed after the case evaluation and discovery of documents would take place. Medical records of the plaintiff would be considered as an important evidence to reflect the damages sustained and hence medical record review is vital in such personal injury claims. The plaintiff and the defendant can reach a settlement outside the court or the lawsuit would move towards trial.