Tuesday, February 4, 2014

Do You Suspect Nursing Home Negligence or Abuse?


Making the decision to place your loved one in the care of a nursing home or extended living facility may have come with mixed emotions. You may have sensed a loss due to the fact that things have gone beyond your control, while on the other hand, you may have felt a sense of relief knowing that your loved one will be receiving round the clock care.

Much like young children, our nation's elderly population can be physically incapable of caring for themselves. Often times, the day will come when they will need ongoing professional care. Unfortunately, because of their inherently vulnerable nature, they can be subject to different types of abuse. In fact, nursing home negligence and abuse is a larger problem than people might think. It is not limited to the shoddiest of nursing homes or only to those people without money. Nursing home negligence can happen in any nursing home or extended living facility - even the nicest, most expensive homes have had reports of neglect and abuse.

In fact, according to "Elder Mistreatment: Abuse, Neglect and Exploitation in an Aging America" sent out by the National Research Council Panel to Review Risk and Prevalence of Elder Abuse and Neglect, it is roughly estimated that between one and two million Americans over the age of 65 will experience abuse of some sort in a year - no matter whether this involves financial abuse or physical injuries. Other studies have found that despite these harrowing numbers, a mere one in fourteen incidents will ever be reported to authorities - making our estimations of elder abuse a mere fraction of the actual abuse that is occurring.

Why does this happen? First of all, many nursing homes are at maximum capacity. Americans are living longer now than ever before. In an effort to keep costs down, nursing homes sometimes hire underpaid and undertrained staff who eventually wind up being overworked. Even the most well-meaning employees can neglect to properly care for a resident when they are stretched too thin.

Other times nursing home negligence or abuse is downright intentional. A dishonest person can inadvertently be hired by the home. They can commit small crimes such as petty theft or they can be involved in full-fledged identity theft schemes. Financial exploitation can go undetected for years before the perpetrator is eventually caught.

Nursing home abuse can be far more sinister than theft crimes. It can involve actual physical and sexual abuse. Both physical and sexual abuse is probably the most worrisome types of abuse associated with nursing homes. Virtually any form of abuse imaginable can go on behind closed doors. Often times the elderly suffer in silence. They may keep the abuse to themselves out of fear of their attackers or an overwhelming sense of shame. Furthermore, their complaints might fall on deaf ears. People can dismiss complaints as hysterical or delusional when in fact they are very real.

Physical abuse can include any form of abuse imaginable. It can involve hitting, punching, striking, grabbing the elderly individual in a rough manner or heavily sedating them. Sexual abuse can include forcing the elderly patient to watch pornographic material, forcing them to undress, fondling or rape.

Elder abuse can also involve the use of restraints, overmedicating, and social isolation. It typically results in physical, emotional and psychological damage for the victim. If you suspect nursing home negligence or abuse, you must contact an experienced personal injury attorney without delay. Nursing home negligence is an entire aspect of personal injury law that has gained recognition in the legal community and in the courts. Your loved one may be entitled to compensation for medical expenses and pain and suffering. In the very least, a lawsuit will help draw attention to the problem so nobody else will have to suffer at the hands of the abuser. Calling an attorney will be your first step to bringing the abuser or the facility to justice!

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