Nursing home abuse, like other forms of abuse, is an intentional tort. In this context, “intentional” does not mean “malicious.” Instead, the I-word basically means deliberate. Another D-word, desperation, often causes intentional torts at nursing homes. The understaffing crisis means that many nursing home employees are stressed out, and there’s only so much stress a person can take.
This desperation may explain nursing home abuse, but it certainly doesn’t excuse it, or change the fact that abuse causes serious physical and emotional injuries. A Columbia personal injury lawyer can obtain financial compensation for these injuries, so these families have the resources to deal with nursing home injuries and move on with the rest of their lives.
Physical
Most nursing home residents are in poor physical condition, either because of advanced age or a pre-existing medical condition. As a result, a tiny amount of force, like a push or a shove, could cause a serious injury.
Pushing and shoving are especially common at understaffed nursing homes. Frequently, employees at these facilities must do the jobs of two or three people. If a resident doesn’t comply with a “sit down” or “go to your room” request quickly enough, physical abuse usually happens.
Such physical abuse often causes broken bones and other such injuries. These wounds usually heal, but the emotional wounds often never heal.
Nursing home physical abuse statistics are very unreliable. Many residents don’t report these incidents. Usually, they fear retaliation or they don’t want the abuser to get in trouble. So, if you see any signs of physical abuse and the nursing home administrator doesn’t immediately address the issue, speak with a Columbia personal injury lawyer.
Financial
Physical abuse usually occurs in about the same way. But financial abuse varies from stealing valuables or money from a room to sophisticated illegal guardianship proceedings. Some unscrupulous nursing home owners file false guardianship petitions, so they can gain control over a resident’s finances.
Legally, financial abuse is a different kind of intentional tort from battery (physical abuse). Financial abuse causes injury, but usually not a physical injury.
To prove intentional infliction of emotional distress, victim/plaintiffs must prove that the defendant intentionally or recklessly inflicted severe emotional distress, or was certain, or substantially certain, that such distress would result from his conduct; the conduct was so extreme and outrageous it exceeded all possible bounds of decency, the actions of the defendant caused plaintiff’s emotional distress, and the emotional distress suffered by the plaintiff was so severe such that no reasonable man could be expected to endure it.
These claims are obviously very complex, so only the most experienced Columbia personal injury lawyer should handle them.
Emotional
Hurtful words, even if they aren’t malicious words, hurt every bit as much as physical or financial abuse.
Frequently, nursing home employees get frustrated and tell residents things like “Everyone has forgotten about you.” However, as outlined above, that’s certainly not an excuse. Emotional abuse claims are usually intentional infliction of emotional distress claims, which were also outlined above.
Work With a Diligent Richland County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We do not charge upfront legal fees in these matters.