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Do You Suspect
Your Loved One Is Being Abused?
What is Nursing Home Abuse Law?
Nursing home abuse law deals with the civil, criminal, and regulatory standards for the unlawful treatment of elderly people by care facility staff and administrators. When a nursing home fails to meet these standards, it can be sanctioned in a variety of ways. These include forced changes to operating procedures, loss of government funding, license suspension or revocation, and the imposition of monetary damage awards.
From the standpoint of victims and those interested in pursuing legal claims on their behalf, the most powerful form of legal recourse is a negligence lawsuit. Most nursing homes are run by corporations or other business entities primarily concerned with making a profit. As detached as the owners may be, a large negligence verdict or settlement is sure to get their attention and lead to positive changes at the facility. It also provides needed compensation for the victim.
Recognizing the Signs of Abuse or Neglect
Perhaps the most tragic aspect of nursing home abuse law is the fact that the majority of legal violations are never reported. Victims may fail to make a report because they have no practical means of doing so, or out of fear of retribution from their abusers. In some cases, victims may not even be cognizant of the situation due to their condition or advanced age. Thus, it is often up to family members and visitors to discover the problem and take action.
Abuse in a nursing home environment will take one of two forms. The first involves the condition of the facility. Generally speaking, the building and grounds must be safe, clean, and properly equipped. Residents must have access to nutritious meals, social services, recreational activities, medications, and onsite emergency care. Staff must be well-trained and present in sufficient numbers at all times. Finally, the home should be designed and maintained to prevent slip and falls – the leading cause of nursing home injuries.
The second form of abuse involves the conduct of employees. Abuses of this kind may be physical, sexual, emotional, or financial. In some cases, visitors will notice lacerations, bruising, bed sores, dehydration, sudden weight gain or loss, sanitary concerns, or other such manifestations. Other times the results of abuse or neglect will be less obvious. The victim may simply appear depressed or withdrawn. When visiting a loved one, be sure to ask questions, check financial records, and investigate suspicious circumstances.
*Courtest of hg.org