Abuse in nursing homes occurs all too often, causing residents to sustain injuries intentionally or through neglect. Nursing home abuse and neglect can lead to physical and psychological trauma, and in some cases to severe or fatal injuries.
Even though this type of harm is entirely preventable, it is a prevalent issue in nursing homes around the country and in Connecticut. If you trusted an assisted living facility to provide care for an elderly family member, and they suffered harm, call a seasoned injury lawyer at Bert McDowell Injury Law immediately. A Connecticut nursing home abuse attorney could save your loved one from a dangerous situation and prevent other residents in the nursing home from suffering the same abuse. If you are ready to seek justice for your loved one, then Bring on Bert!
The Various Forms of Nursing Home Abuse
Nursing home and long-term care facility abuse can cause physical, psychological, and emotional harm. While these are the most significant forms of abuse, it is not an exclusive list. The various types of abuse include:
Physical abuse occurs when a caregiver causes a resident bodily harm through actions such as punching, pushing, or restraining. It can lead to severe physical and psychological injuries.
Emotional abuse is using insults, shame, or threats to control residents. It can also be caretakers isolating those in their care from their favorite activities, friends, or family for intimidation.
Neglect happens when caretakers fail to provide the high standard of care that federal and state laws require. Neglect can damage the resident’s emotional and physical well-being. It most commonly occurs when nursing homes do not have enough staff members to care for all of their residents.
Financial abuse transpires when a caregiver or staff member takes control of a resident’s property or finances. It may include gaining access to bank accounts, stealing checks or credit cards, or taking valuables from the resident’s room.
Sexual abuse occurs when a resident receives any form of unwanted touching or sexual contact from a caregiver or staff member at the facility. The abuse can cause severe physical damage and emotional trauma.
An experienced Connecticut nursing home abuse lawyer could review a specific situation to determine if there is any evidence of wrongdoing by either a specific caretaker or the facility as a whole.
Cause of Action for the Elderly and Their Right to Recover Damages
The Department of Social Services and Protective Services for the Elderly receives and investigates reports of abuse or neglect. The state ensures that victims as well as their guardians, representatives, or estate have the legal right to recover compensation for abuse or neglect in a nursing home or long-term care facility.
According to the Connecticut General Statutes § 17b-462, when a senior in the care of a nursing home is the victim of abuse, they have the legal right to take civil action against the caregiver or facility responsible for their harm.
The statute requires that the defendant have a contractual obligation to provide care for the plaintiff—unless the defendant’s actions were criminal. Award amounts following a successful claim could include actual and punitive damages and all reasonable attorney fees. A proactive Connecticut nursing home neglect attorney could work with the state agencies on behalf of a victim or their representatives to seek full financial recovery.
Schedule a Consultation with a Connecticut Nursing Home Abuse Lawyer
Victims and their families report many cases of abuse in nursing homes and long-term care facilities every year. Yet, government agencies believe they receive no information or reports for most abuse.
If you suspect your loved one is suffering abuse or neglect, reach out to a Connecticut nursing home abuse attorney at Bert McDowell Injury Law—as delaying could lead to devastating consequences.