Nursing Home Abuse- How Serious the Issue is?
https://www.lezdotechmed.com/blog/medical-malpractice/nursing-home-abuse/
Nursing
home abuse occurs when a nursing home patient suffers bodily,
psychological, or financial harm as a result of the caregivers' negligence or
malicious actions. According to studies, 24 percent of Americans die in nursing
homes each year. Nearly 10,000 nursing home patients submitted abuse complaints
in 2013, according to the National Center for Victims of Violence.
Some nursing facilities may be
understaffed or overcrowded, putting caregivers under a lot of strain. This may
put caregivers under a lot of stress, resulting in physical or emotional abuse
of the residents. Poor business policies may result in the hiring of caretakers
with little or no prior expertise or training. Bedsores, falls
and head
injuries, signs of emotional
distress, fractures, sedation, malnutrition, etc. are some of the common
signs of a nursing home abuse.
Nursing home abuse may be
presented as a physical abuse, psychological abuse, sexual abuse, or financial
abuse. Nursing home abuse can cause physical, psychological and financial consequences
in the victims. Nursing home abuse policies vary from state to state in the
United States. It was created by the federal, state, and local governments to
ensure that nursing homes provide high-quality care to their patients. A
nursing home abuse attorney should be consulted before filing a nursing home
abuse lawsuit. Either the plaintiff or his family members would be the victims
of abuse. Abuse in nursing homes Plaintiffs' attorneys represent them in filing
a case against the defendant, who is either the caregiver or the nursing home
administrator.
Medical expenditures, as well as
damages for pain
and suffering, would be covered by compensation for nursing home abuse
along with other rehabilitation expenses as per the circumstances of the
incident. The claim can be filed under negligence
tort or breach of contract. Depending upon the seriousness and severity of
the abuse, the lawsuit could be filed as a civil or criminal lawsuit. The claim
should be filed within the statute of limitations of the state where the abuse
had taken place. The claim would be filed after the case evaluation and
discovery of documents would take place. Medical
records of the plaintiff would be considered as an important evidence to
reflect the damages sustained and hence medical
record review is vital in such personal
injury claims. The plaintiff and the defendant can reach a settlement
outside the court or the lawsuit would move towards trial.
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