Imagine entrusting a loved one to the care of a nursing home or other care facility and then have caregivers or other employees neglect, abuse, or exploit that loved one.
If this scenario doesn’t require your imagination and your loved one has actually lived this nightmare, don’t let the facility or the individual wrongdoers get away with it!
We find unimaginable atrocities at care facilities when we take a look inside with the force of the law behind us. We want to help you make them pay for what they did!
tYPES OF CLAIMS
When a resident of a nursing home or other care facility sustains an injury, experiences unexplained deterioration of a medical condition, or suddenly comes up penniless, immediate and thorough scrutiny is warranted. If wrongdoing exists, a personal injury claimant can look at a variety of options to recover damages. There may be grounds to sue for, among other things:
- negligent care or treatment
- negligent supervision
- negligent hiring or retention
- premises liability
- false imprisonment
- medical malpractice
- wrongful death
CARE FACILITY WRONGS
ABUSE, NEGLECT, AND EXPLOITATION
When someone whose well-being is entrusted to a long term care facility is harmed, the facility may be forced to contend with both the state and the civil courts.
Upon receipt of a grievance or complaint of resident harm, the state licensing agency will investigate to determine if abuse, neglect, or exploitation is involved. An affirmative finding will trigger the state to sanction the facility. Sanctions range from a censure to monetary fines all the way to revocation of the facility’s license, which is tantamount to the death penalty.
The resident, or someone acting on their behalf, can also initiate proceedings against the facility. Though different from a government investigation, a civil lawsuit looks at much the same conduct. It is wise to understand and consider the different types of offending behavior the state looks at.
Abuse occurs when a caregiver or other employee deliberately acts in a way that injures a resident, unreasonably confines them, intimidates them, or punishes so as to cause physical harm, pain or mental anguish. It is also considered abuse when a resident is deprived goods or services that are needed for physical, mental, or psychosocial well-being. Abuse can be physical, mental, verbal, or sexual. Additionally, abuse need not be direct, but instead can be facilitated or enabled by technology.
Neglect occurs when a facility, its employees or its service providers fail to provide a resident with the goods and services they need to remain free from physical harm, pain, mental anguish, or emotional distress.
Exploitation occurs when a facility, its employees or its service providers take advantage of a resident for personal gain. Regardless of the tactic used, be it manipulation, intimidation, threats, or coercion, it is exploitation.
FORMS OF NEGLECT
SHORT LIST OF EXAMPLES
Neglect comes in many forms at nursing homes and other long term care facilities. Some common types of neglect include:
- Failure to properly bathe residents, which increases the risk of infection
- Failure to change dirty clothing and soiled bed linens, which leads to infection
- Failure to assist mobility impaired residents with necessary movement, which increases the risk of pressure sores and bed sores.
- Failure to regularly provide balanced meals, which leads to malnutrition.
- Failure to adequately hydrate residents, which leads to dehydration.
- Failure to administer prescribed medication, which leads to untreated health problems..
- Failure to provide medical attention, which leads to missed diagnoses.
- Failure to engage residents in activities or provide companionship, which leads to depression.