People who reside in nursing homes or care facilities want to be taken care of. They are either ill or elderly, implying that residents can be of any age at these care centers. They generally need assistance with necessities like food, shelter, and medical care. People want their family members or loved ones to be treated with appropriate care, respect, and decency when they leave them in a nursing home.
However, sometimes the nursing home staff mistreat the residents, which may be in the form of negligence or exploitation by staff members or any other person present in the care facility. If you are facing a similar situation or if your loved ones have been hurt due to nursing home abuse, you must contact an experienced lawyer who can guide you explicitly through your legal claim process. To read more about how an attorney can help, click here.
Instances of Negligence in Des Moines Nursing Homes
Nursing home facilities are bound by laws and regulations to provide proper care to their residents to prevent any personal injury, whether physical or mental. Facilities hire professionals who have knowledge of residents’ ailments and know how to take care of them. However, if reasonable care is not provided, they can be held liable for causing the injury due to the negligence of an employee, poor hiring of staff, inadequate training, or negligent supervision of employees.
If your family member has been a victim of nursing home abuse that resulted in personal injury due to negligence, you can file a claim against them for institutional elder abuse.
Residents’ Rights in Long-Term Care Facilities
As defined in the Nursing Home Reform Law of 1987, residents (elders or any sick individual) in care facilities are assured certain rights that protect their quality of life, dignity, respect, and control over medical decisions and information. They should have the right to privacy and communication with their loved ones and visitors. Nursing homes are also obliged to adhere to statutory requirements for residents’ rights under state and federal laws. Note that care facilities are not hospitals; therefore, their underlying state and federal laws differ from those of nursing homes.
Types of Damages in Nursing Home Abuse
While filing your nursing home abuse case, it’s crucial to understand the type and severity of damage inflicted.
- Emotional and Physical Damage: Mental and physical pain are the two usual forms of nursing home abuse. Emotional abuse frequently manifests as fear, such as when a person is terrified of the repercussions while waiting for treatment. Residents may worry that reporting to authorities or speaking up might worsen their condition rather than improve it. Emotional abuse is often silent, but changes in the resident’s behavior can be observed. It can result in depression, anxiety, loss of enjoyment of life, and sometimes even trauma. On the other hand, physical injuries are evident and can be seen, often resulting from poor monitoring or intentional acts. For example, if a resident isn’t provided their medication at the scheduled time, their condition can worsen. If the patient is not provided with clean and hygienic bed sheets or clothes, they might develop an infection that can further deteriorate their health. Physical damage can include burns, head injuries, sexual assault, and falls, and often leads to disfigurement and a shortened life expectancy.
- Punitive Damages: Punitive damages are awarded in cases where residents suffer lifelong injuries that are beyond repair or leave a lasting impression on the victim. This mostly includes mental anguish, extreme pain and suffering, and, in some cases, death. It can multiply the resident’s compensatory damages in the claim multiple times over.
