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Nursing home abuse and neglect is a difficult issue to face. Elder abuse and neglect exist in many forms, many of which may not be evidenced by clear, physical signs. Many victims are frail and vulnerable and are often unable to protect themselves or seek needed help as a result. Elder abuse and neglect can be difficult to prove once suspicion arises. A sad truth is that a number of nursing home abuse and neglect cases go unreported and unpunished. It is estimated that roughly 1,800 deaths occur each year due to elder abuse and neglect. To discuss what legal options may be available to hold the negligent or abusive parties responsible, consult with our injury lawyers. A West Virginia nursing home abuse lawyer from our team can help you recover the damages your loved one suffered.
Elder neglect, or nursing home negligence, most commonly occurs when a resident does not receive proper medical, physical, or emotional attention. As a result, neglect can pose serious risk of harm to victims. In certain cases, neglect may escalate to physical or emotional abuse.
Physical abuse occurs when physical force is used to cause harm against a resident. This can include hitting, scratching, shoving, biting, and inappropriate use of restraints. Physical elder abuse typically has the most obvious warning signs. For this reason, it may be more plausible to prove physical abuse than other, less obvious forms of elder abuse.
Emotional elder abuse occurs when a caregiver or other individual causes emotional distress within a resident. Emotional abuse may result from ridicule and humiliation, intimidation, terrorizing, or ignoring an elder. Demeaning behavior, scapegoating, and blaming are also considered forms of emotional elder abuse.
Sexual elder abuse takes place when non-consensual sexual contact is made with a resident. In many cases, physical and emotional abuse may also play a role. Elders who are sexually abused may be tricked, coerced, manipulated, or forced into unwanted sexual contact.
Stealing money or personal property are common forms of elder financial abuse. Additionally, financial abuse can occur when a caregiver or other individual tricks or pressures a resident to divulge valuable information, such as bank account and credit card numbers, or when a victim is coerced to modify a deed, will, or trust.
While it may be difficult, taking action against elder abuse and neglect may be the only way to stop the mistreatment and prevent others from becoming victims. If the victim is in immediate danger, he or she should be removed from the nursing home facility as soon as possible. After the elderly patient is safe, legal action should be taken against the facility.
Remember: if you or a loved one have been injured, you can bet that the “other side” has a team of lawyers fighting for them. You are entitled to that same advantage. Our legal team has the right experience, knowledge, and understanding of civil claims to stand up for you or someone you care about and fight for the compensation you deserve. We’re always happy to hear from you and look forward to discussing how we may be able to help you win the settlement you deserve.
Reporting nursing home abuse and neglect to the proper state hotline will always be one of your first steps once you feel your loved one may have been mistreated. Be sure to always ask your senior how they are feeling and how they are being treated in a facility. Contacting a local nursing home abuse and neglect attorney with experience and a proven track record of case settlements and verdicts will only help ensure that you get the compensation you deserve.
If you or a loved one were the victim of nursing home abuse, an experienced attorney can make all the difference. A West Virginia nursing home abuse lawyer can help you navigate the complex legal process needed to pursue a successful lawsuit. Additionally, we can provide support and peace of mind during this difficult time. Please contact us for answers to your questions about filing a nursing home abuse and neglect lawsuit.
Jan Dils, Attorneys at Law