Many personal injury attorney workers have come across cases of nursing home abuse. A nursing home is a long-term nursing facility for all those who suffer from physical illnesses, mental illnesses, or emotional issues. These patients are placed in nursing homes if they have suffered from the neglect of their previous personal caregivers. Nursing homes are regulated by the authority more so than personal caregivers. Due to the higher regulations, these nursing homes hold the responsibility and liability in the event of any abuse, neglect and lack of care, negligence during employee screenings, lack of supervision, and even when the nursing home facilities are improperly looked after.
Rights of The Residents
The rights of the residents, at any nursing home, have been defined clearly within the law of every country. Any and every resident, who has been registered within their country’s federal Medicare program, are known to have a statutory right. This statutory right states that the residents are free from all verbal abuse, physical abuse, sexual abuse, mental abuse, and cannot be put in restraints for convenience or punishment. An important thing to note is that restraints can be used on the residents, only when the resident may pose a threat to themselves or others. Residents who are not registered by the federal authorities do not have this statutory right.
Identifying Nursing Home Abuse
While something like abuse can seem quite easy to identify for some, it may be rather difficult to identify by those who may be experiencing it and by those who may little to no awareness about this topic. This is mainly evident in those who may have some form of mental illness. Physical abuse, by the workers at the nursing home, includes any intentional act that causes trauma or injury to the resident, such as hitting, pushing, and many more. Acts such as verbal abuse, intimidation, and threats, fall under the category of verbal abuse. Exploiting the residents by manipulating them to gain money or favours, also falls under nursing home abuse.
Residents should also be able to understand the meanings behind the words neglect, assisted living, and negligent living, so that they may be able to identify abuse. Neglect is when a worker may have a sense of disregard for their responsibilities. This can show in the forms of carelessness, wilfulness, or indifference. Assisted living is when the elderly or the physically disabled are provided with care giving services, such as housekeeping, nursing care, and even prepared meals. Whereas, negligent hiring is a legal theory where the employed caregiver can be held liable for intentional acts of abuse or neglect.
For all those who may want to file a case for experiencing nursing home abuse, should contact a nursing home abuse lawyer in Kansas City, MO. These allegations are investigated using two methods, that are, medical examinations and interviews. Both of these methods are conducted by a third-party agency. Typically, the victim is placed under adult protective services. It is important for us to report the abuse that we are either experiencing ourselves or are witnessing as a third party.
Thanks to Royce Injury Attorneys for their insight into personal injury claims and taking action against nursing home abuse.