When family members make the difficult decision to place an elderly loved one in a nursing home they expect that loved one to be taken care of appropriately. This care includes proper supervision, adequate nutrition, proper medication in correct dosages, and a safe, caring environment free from abuse. Unfortunately, Nursing Home Neglect and elder abuse occur, affecting many every year.
One elderly nursing home resident is well aware of this after being victimized by nursing home abuse. According to police, a nursing home employee twisted the 98-year-old woman’s finger, causing serious injury. The elderly woman was rushed to the emergency room for treatment. Police later arrested the employee and charged her with felony patient abuse and neglect.
No nursing home patient deserves to be neglected or abused. Yet, it is important the elderly patient’s family members become aware of the signs of abuse or neglect. Bedsores, a fall, a bone fracture, and rapid weight loss can all be indicative of nursing home neglect or abuse. If the nursing home resident or her family believes such acts have caused injury to the resident, then they should seek an attorney who can discuss potential legal remedies.
When one files a Personal Injury lawsuit against a nursing home, two elements must be satisfied. First, the victim must prove the nursing home failed to provide the reasonable standard of care it owed to the resident. This failure may be shown by a medication error, lack of nutrition, signs of abuse, or bedsores. Second, if negligence is proven, the victim must show the lack of adequate care or abuse led to the victim’s injuries. An attorney can assist a victim in attempting to show these elements by interviewing witnesses, analyzing documentation evidence, and drafting compelling legal arguments.
Winning a nursing home neglect lawsuit is a powerful thing. Not only does it allow the victim to obtain compensation for her damages, but it also alerts nursing homes to the fact that substandard care will not be tolerated. Then, perhaps, these homes will be transformed into the safe places families expect them to be.
Source: WCTI 12 News, “Police: Nursing home worker abused patient,” Jon Erickson, Oct. 14, 2013
