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Because nursing home residents requir special care and attention, it is all the more important that the nurses and staff of the nursing home provide proper care to the residents. If the nurses and other staff of a nursing home abuse or neglect a patient, payment for damages, known as recovery, may be sought by the victim under the law of medical malpractice. If you or someone you know reside in a nursing home and have been injured as a result of improper care, consultation with an attorney knowledgeable about medical malpractice law could help you determine if you have a valid claim. For more information on nursing home injuries, contact a qualified attorney.
Nursing Home Abuse/Nursing Home Neglect
What
constitutes abuse and neglect in a nursing home?
- Abuse and neglect can include the following (taken from the California
- Elder Abuse & Dependent Adult Civil Protection Act):
Abandonment
- Desertion or willful forsaking of an elder by anyone having care
or custody of the elder under circumstances in which a reasonable person
would continue to provide care and custody
- Abuse, fiduciary abuse, and physical abuse
- Neglect
- Isolation
Any other treatment
with resulting physical harm or pain or mental suffering, or the deprivation
by a care custodian of goods or services that are necessary to avoid physical
harm or mental suffering
Physical Abuse
Physical abuse is the use of physical force that may result in bodily
injury, physical pain, or impairment. Physical abuse may include acts
of violence like striking, with or without an object, hitting, beating,
pushing, shoving, shaking, slapping, kicking, pinching, and burning. The
inappropriate use of drugs and physical restraints, force-feeding, and
physical punishment of any kind also are examples of physical abuse.
Emotional or Psychological Abuse
Emotional or psychological abuse is defined as the infliction of anguish,
pain, or distress through verbal or nonverbal acts. Emotional/psychological
abuse includes but is not limited to verbal assaults, insults, threats,
intimidation, humiliation, and harassment. In addition, treating a nursing
home resident like an infant; isolating a nursing home resident from his/her
family, friends, or regular activities; giving a resident the "silent
treatment;" and enforced social isolation are examples of emotional/psychological
abuse.
Neglect
Neglect is defined as the refusal or failure to fulfill any part of a
worker's obligations or duties to a nursing home resident. Neglect may
also include the failure on the part of the nursing home to provide necessary
care. Neglect typically means the refusal or failure to provide a nursing
home resident with such life necessities as food, water, clothing, shelter,
personal hygiene, medicine, comfort, personal safety, and other essentials
included in an implied or agreed-upon responsibility to a resident.
Abandonment
Abandonment is the desertion of a nursing home resident by a nursing home
worker, who has assumed responsibility for providing care for the resident.
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