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Abuse and Neglect: What to Do When Your Loved One Is Injured In a Nursing Home?
It is often hard for families to place their elderly relatives in a nursing home. Even though they may feel guilty, they do it because they believe they can no longer adequately care for the individual. Unfortunately, sometimes that loved one gets injured, leaving the family hurt, and possibly angry. If your elderly relative is injured in a home, you need a personal injury lawyer to advise you on how to proceed. Generally, speaking you should do the following:
Determine whether the injury was caused intentionally
Nursing home injuries take several forms. Some are due to inevitable slips and falls since elderly people may feel unwell or lose their balance. However, some can occur because of negligence or abuse. These include injuries to a bed-bound patient, asphyxiation, severe malnutrition and unexplained bruises, cuts or broken bones. In cases of abuse or neglect, you may also notice other signs like withdrawal, agitation or fear.
Consider who may be responsible
About 4 million senior citizens are abused or neglected every year. It often occurs in nursing homes. However, the party who is responsible can vary. It may be an employee, the facility, its owner or some other individual. Nursing homes have a duty of care to their residents and can often be held responsible for a range of actions and inactions. They include failure to monitor staff, failure to properly train staff, failure to maintain adequate security, intentional abuse by workers and medical neglect. A third party may also be responsible if a faulty wheelchair or other equipment caused the injury. Even a visitor could be at fault.
Call the authorities
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Most states have a number which you can call to report abuse or suspected abuse. The National Center on Elder Abuse has resources and contact information for each state. You can also call the long-term care ombudsman in your state. You can get contact information from the US Administration on Aging.
Contact a personal injury lawyer
It can be difficult to do any of the above things if you are distraught and trying to keep a closer eye on an elderly relative. Some cases are also not clear-cut, and it can be hard to understand exactly how the law should be applied. That’s why you should contact a personal injury lawyer for advice and representation. Your lawyer will know the laws for your state and how they relate to your specific situation. They will know the best way to approach the nursing home and if necessary, the police and the courts.
Comfort your loved one
Elderly people who are abused can begin to feel like the abuse is their fault. If your relative is able to communicate, listen to their feelings and fears but don’t force them to talk. Just let them know that they are among millions of victims and nothing they did was responsible for their injury. If they want to move to a new home, try to accommodate them.
Nursing homes are supposed to care for and protect our loved ones when we can’t.
Sometimes, that’s just where they get hurt. If your elderly relative is injured and you suspect abuse or negligence, call a personal injury lawyer for advice and representation.
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