Nursing homes are legally obligated to protect the rights of their residents under all circumstances. One of their most basic rights is a safe environment free of abuse, but this right is unfortunately violated regularly. When a resident of an assisted living facility or nursing home is physically abused, the facility can be held liable in a personal injury lawsuit.
Types of Physical Abuse
Physical abuse is one of the most common types of elder abuse in care facilities, and one of the most dangerous. When a nursing home resident suffers physical pain, impairment, or injury due to neglect or maltreatment, it is considered physical abuse. There are various examples of this, including:
- Active abuse: an intentional act meant to cause pain or injury, the easiest type of abuse to observe. Examples include pushing, punching, slapping, kicking, and pinching.
- Misuse of restraints: when restraints intended for medical use only are used to discipline or for convenience. This includes using them for long periods of time, which can lead to reduced bone mass, reduced muscle tone, and muscle disorders in the patient. A resident that attempts to get out of restraints can cause injuries to their restrained body parts or more serious injuries if they fall.
- Physical neglect: usually not intentional, can be due to understaffing or lack of resources at the care facility. Physical neglect can present as the facility not providing necessary clothing, food, or sanitary environment that a resident needs for survival and dignity.
There are also differing sources of abuse, including both caretakers at the nursing home as well as other residents. Most physical abuse by caretakers comes in the form of mistreatment or neglect. Abuse between residents often happens when facility staff are not around, and is therefore not usually reported and becomes an increased issue with understaffing. Some studies have found that 20% of nursing home residents have suffered abuse from their fellow residents.
Why speak with a nursing home abuse attorney?
Nursing home abuse has become a serious problem throughout the US, and sometimes it’s hard to know who to hold responsible and how to seek justice. Our nursing home abuse attorneys can collect evidence from your loved one’s residence and build a strong case to maximize compensation.At Kwartler Manus, LLC, our attorneys are dedicated to assisting nursing home residents who have been injured due to abuse and have recovered millions of dollars for our clients who have suffered in such cases. Call us at (267) 457-5570 or contact us online today for help navigating the litigation process and obtaining compensation.