For the most part, nursing homes in Fair Lawn provide adequate care for their residents. Most employees care deeply for the residents and take the steps necessary to meet their basic needs. Unfortunately, that is not the case with all nursing home facilities. Some nursing homes cut corners that result in inadequate care. Others employ abusive or dangerous caretakers that can put the health and wellbeing of a nursing home resident at risk.
If your loved one has suffered abuse or neglect during their stay in a nursing home, they could be entitled to a monetary award. Under state law, they could not only pursue a claim against their abuser but potentially against the facility as well. In many cases, a civil lawsuit is the best option available to obtain justice against an abusive caretaker. To discuss your legal options, call (201) 585-9111 to speak with a team member today. A Fair Lawn nursing home abuse lawyer can assist you in filing a claim.
Types of Nursing Home Abuse
While allegations of nursing home abuse can cover a wide array of transgressions, these acts typically fall within five major categories. Each type of abuse is different, but each is harmful in its own way. The categories of nursing home abuse include:
- Physical Abuse. Physical abuse is one of the most common forms of abuse in a nursing home. This type of abuse includes any form of unnecessary physical injury. Many physical abuse claims result from an assault, which could include kicking, punching, biting, or slapping a resident. Physical abuse can also include the use of physical or chemical restraints when they are not necessary.
- Sexual Abuse. Any nonconsensual sexual contact or exposure can constitute sexual abuse. This form of abuse could involve a caretaker, another nursing home resident, or even a family member.
- Financial Abuse. Financial abuse occurs when a nursing home resident’s assets are used or taken without consent. There are many different forms of financial abuse, from the theft of personal items to the fraudulent amendment of a resident’s last will and testament.
- Emotional Abuse. Emotional abuse can take many forms. Any action that causes stress, fear, embarrassment, or other emotional harm could be emotional abuse. This form of abuse can include anything from giving a resident the silent treatment to targeting them with verbal abuse.
- Neglect. Neglect is the failure to provide for a nursing home resident’s basic needs. Examples could include the failure to provide food or water. This type of abuse could also occur when a resident is not regularly bathed or cared for. Neglect can occur intentionally because of the lack of adequate staffing levels or poor training.
Risk Factors Among Elderly Residents
Some residents of nursing homes represent easier targets for abuse or neglect than others. Understanding these risk factors is valuable. While the family of a nursing home resident should always be vigilant, knowing certain risk factors are present could increase their chances of noticing a problem.
The Centers for Disease Control and Prevention (CDC) have identified a number of risk factors for elder abuse. These risk factors are especially common among nursing home residents due to the frequency in which residents face physical disabilities or cognitive issues. Some risk factors include:
- Poor physical health
- Declining mental health
- Lack of social support
- History of substance abuse
- Struggles with a lack of independence
Understanding the risk factors common with nursing home abuse is only one step in preventing or addressing abuse. If you believe your loved one suffered abuse or neglect in a Fair Lawn nursing home, the team at Maggiano, DiGirolamo & Lizzi P.C. is ready to help. Dial (201) 585-9111 to speak with a team member today. A Fair Lawn nursing home abuse lawyer can assist you in exploring your legal options.
How a Nursing Home Abuse Lawyer Could Help
Unfortunately, even the best-meaning family members of a nursing home resident cannot prevent every occurrence of abuse or neglect. When abuse happens, an attorney could present the best opportunity for your loved one to obtain a measure of justice for their treatment.
Attorneys that advocate on behalf of nursing home abuse victims can help in a variety of ways. These attorneys can take care of some of the aspects of a nursing home abuse case that are difficult to manage without a background in the law.
The first step an attorney can take is to complete a comprehensive investigation into the allegation of abuse. This could involve reviewing security footage, interviewing employees of the facility, and evaluating medical records. At the end of the investigation, the attorney could recommend legal action against a variety of defendants.
An attorney will also build a compelling case for negligence. Ultimately, your loved one must establish negligence to prevail on their abuse claim. This starts with establishing that the caretaker or facility breached their duty to your loved one. Any act of abuse could result in a viable breach of the duty of care. When this breach involves an employee of the facility, it can be possible to hold the nursing home accountable too. Additionally, an attorney can determine the amount of compensation your loved one is entitled to recover. This is known as damages.
Verdicts and Settlements
To a nursing home resident who developed a Stage IV ulcer requiring surgery where the nursing home alleged the resident was non-compliant with recommendations to reduce pressure from excessive wheelchair use.
Recover a Monetary Award to Compensate for Your Abuse or Neglect
Whether you have suffered abuse in a nursing home setting or you are pursuing a claim on behalf of a loved one, a dedicated attorney could help. The right legal counsel could advise you on your legal options and ensure you meet all of the necessary legal requirements for a lawsuit.
The attorneys of Maggiano, DiGirolamo & Lizzi P.C. stand ready to fight for you and your family after an allegation of nursing home abuse. To get started, call (201) 585-9111 to speak with a member of our team. A Fair Lawn nursing home abuse lawyer is standing by to start investigating your case today.