The National Center on Elder Abuse (NCEA), overseen by The Department of
Health and Human Services (DHHS), to caring for and protecting elders
through litigation and regulations. According to their studies, one-in-ten
elders living in nursing homes and similar assisted living facilities
will experience regular
abuse, most of it financial, such as stealing from their wallets or exploiting
them for purchases. In another study that gathered surveys from thousands
of elders, 44% of them reported that they had been physically abused at
least once in a form that was not harmful neglect, such as forgetting
to help them shift in bed to avoid bedsores.
Who is causing all of this nursing home abuse? The answer is unclear. There
are certainly instances where caregivers lash out and abuse their positions
of power, hurting the people under their care. But there is also an unknown
amount of assaults conducted by fellow residents.
Who is Liable for Nursing Home Assault?
When an elderly person staying in a nursing home is physically assaulted,
it creates a complicated and dangerous situation that requires immediate
attention. It also creates a uniquely intricate legal situation. Who should
be held accountable for the harm caused by another resident?
The obvious answer is that the aggressor is liable. Other than seeking
financial compensation for physical and emotional damage, a criminal case
may be necessary to penalize them. If your elder tells you that they have
been attacked by another nursing home resident, you must take the accusation
seriously and notify the proper authorities, as well as the management
of the facility.
Which brings us to the second party liable for the assault: the nursing
home itself. When an assisted living home is managed properly, orderlies
should routinely visit all residents. If they see that they are sick or
wounded, they should take action to treat them and prevent it from happening
again, which includes investigating any claims of assault. Failure to
protect the health of the people under their care is a sure sign of negligence
– negligence so dire, it should be penalized through litigation.
If your elderly loved one has been harmed while staying in a nursing home,
you need to be their voice and stand up for their rights by taking legal action.
Contact our Stuart nursing home abuse lawyers at Lauri J. Goldstein & Associates, PLLC today and we can begin your
case. If your elder had to be relocated due to the danger present in their
assisted living facility, you should also be compensated for the related costs.
Dial 866-675-4427 to learn all the ways we can help you set things right again.