Different Types Of Nursing Home Abuse and Who Can Sue For It

Caretakers in nursing homes are expected to diligently care for residents by providing proper supervision and attention.

However, there are times when nursing home employees neglect their responsibilities and misuse their authority to abuse residents in various ways.

Nursing home abuse is alarmingly common, often due to factors like low pay, understaffing, and the demanding nature of caring for elderly individuals with disabilities that limit their ability to make decisions independently.

Another significant reason for elder abuse is the lack of thorough employee screening, allowing unqualified individuals to work with vulnerable residents.

In this post, we will explore the different types of abuse that many nursing home residents face and discuss who has the right to file a lawsuit on their behalf.

For more information about our nursing home negligence attorneys in Atlanta, click here.

Table of Contents

1. Types of Nursing Home Abuse 

2. Nursing Home Residents' Rights

3. Who Can File a Nursing Home Lawsuit?

4. Contact Our Nursing Home Abuse Attorneys

Types Of Nursing Home Abuse

Nursing home abuse can take many forms, some of which may not be immediately recognized, while others are blatant and impossible to ignore.

This behavior is not only morally wrong, but it can also result in numerous nursing home lawsuits from residents and prompt police investigations into the facility.

While various forms of abuse occur, certain types are so persistent that they require closer monitoring by supervisors.

Here are some of the most common types of abuse frequently seen in these facilities:

Physical Abuse

When physical harm is inflicted on a nursing home resident, it goes beyond mere negligence and becomes a deliberate act of violence against an elder under medical care. Physical abuse includes violent actions such as kicking, pushing, and punching, as well as other harmful behaviors like confining residents to their rooms for extended periods or administering the wrong medication.

Sexual Abuse

Sexual abuse can occur at any time, particularly to victims who are physically disabled and unable to defend themselves. This appalling behavior may be perpetrated by the very caretakers entrusted with the residents' well-being, or even by other residents. Many victims are physically and mentally incapable of reporting the abuse or may fear the repercussions of speaking out.

Neglect

Neglect occurs when caretakers fail to fulfill their responsibilities, resulting in a breach of the duty of care owed to the residents. While neglect may not involve physical violence, it is still a form of mistreatment that can lead to significant harm and legal consequences for the responsible parties.

Nursing Home Residents' Rights

With over a million elders currently residing in nursing homes, these facilities must adhere to specific guidelines when receiving Medicare or Medicaid funding.

To enhance the quality of care provided to residents, federal law established the Nursing Home Reform Act - a comprehensive Bill of Rights designed to address these concerns.

This legislation guarantees every resident a minimum standard of care, which must be upheld by both the facility's overseers and the caretakers.

The Bill of Rights includes the following provisions: freedom from abuse, privacy protection, clear communication between staff and residents, suitable accommodations, freedom from physical restraints, and the right to voice any grievances.

Any violation of these rights can lead to a nursing home neglect lawsuit, initiated by the affected resident or, if they are unable, by a representative on their behalf.

Who Can File A Nursing Home Lawsuit?

Victims of cruel and negligent behavior, or a representative on their behalf, have the right to press charges and file a neglect claim against the responsible parties, seeking compensation for both economic and non-economic damages resulting from the abuse.

If the abuse leads to a wrongful death, the victim's family or estate can pursue a wrongful death lawsuit in addition to the abuse claim.

In nursing home abuse lawsuits, liability is typically assessed in two ways: breach of contract and violation of law.

A breach of contract occurs when the resident and the nursing home have agreed to a specific level of care for a fee, and the facility fails to uphold this agreement, providing grounds for a lawsuit.

A violation of law refers to the failure of a nursing home to meet the minimum standards of care required by federal and state laws. In such cases, residents can sue the facility for non-compliance with these legal standards.

Contact Our Nursing Home Abuse Attorneys!

Navigating the complexities of nursing home law - whether involving physical abuse, mental abuse, sexual assault, or wrongful death claims - requires expert legal representation.

At the Law Offices of Julian Lewis Sanders & Associates in Atlanta, we are committed to ensuring that victims of nursing home negligence receive the compensation they deserve.

If you or a loved one has been a victim of abuse in a nursing home, don't hesitate to contact us for a free consultation.

Our experienced attorneys are ready to guide you through the legal process and help you pursue your compensation claims.

Click the button below to get started today.