We should be able to depend on nursing homes to care for their residents properly and to the best of their ability at all times. Unfortunately, in some cases, nursing home staff may engage in physical abuse, resulting from a deliberate desire to cause harm, mere carelessness, or apathy.
If you or your loved one has experienced abuse or neglect in a nursing home or assisted living facility, an Annapolis nursing home physical injuries attorney at Brown & Barron can help. We offer free case reviews so you can learn more about your legal rights and options.
Start Working with an Annapolis Nursing Home Physical Injuries Attorney Today
Our legal team at Brown & Barron has nearly 140 years of combined experience as trial lawyers. We are proud of our positive results over the years, as we have secured millions in settlements and verdicts for our clients. If you or a loved one has suffered from nursing home abuse or neglect, please contact us today for a complimentary consultation.
Get in touch with a nursing home physical injuries lawyer serving Annapolis, (410) 698-1717 for a free case evaluation.
Unfortunately, abuse in nursing homes is far too common. According to the National Council on Aging, about 5 million older Americans suffer some form of abuse each year.
Some actions taken by nursing home staff members that may cause physical injuries include:
- Restraining a resident with ties or straps
These and other harmful actions may result in various injuries to nursing home residents, such as:
- Broken bones
- Traumatic brain injuries
- Hair or tooth loss
- Internal injuries
Tragically, some cases of physical abuse in a nursing home can result in a resident’s death. Therefore, families may be eligible to file a wrongful death lawsuit to recover compensation for both the decedent’s and their family’s losses. An Annapolis nursing home physical injuries lawyer from our team can help you with this process.
Determining Who Is Liable for Nursing Home Physical Injuries
Depending on your individual circumstances, several parties could be held responsible for the abuse you or your loved one suffered. At Brown & Barron, our Annapolis nursing home abuse attorneys promise to investigate your case thoroughly to determine if any of the following circumstances were involved in your or your loved one’s abuse:
Staff Failed to Uphold Residents’ Rights and Duty of Care
Nursing home residents are guaranteed certain liberties under the law, and their on-staff health providers must adhere to certain standards. According to Md. Code Regs. § 10.07.09.08, these include, but are not limited to, the following rights:
- To privacy and confidentiality
- To receive and participate in one’s own treatment, care, and services
- To live in an environment that enables maintenance or enhancement of the resident’s quality of life
- To a dignified existence and self-determination
- To have access to individuals and services inside and outside the facility
- To be free from intimidation, prejudice, or retribution from the nursing facility when exercising one’s rights
- To be free from physical, emotional, verbal, and sexual abuse
Duty of care is a legal principle requiring all people to act toward others with caution and good judgment, so as not to cause harm. If an individual’s actions do not meet this standard, their acts may be considered negligent, and they may be responsible for compensating victims for any resulting damages.
Nursing home owners, managers, and staff can breach the duty of care they owe residents when their conduct violates the law, the facility’s contract agreement, or any reasonable standard of care. Violations accompanied by abuse or neglect may be subject to a lawsuit that seeks compensation for a resident’s physical, emotional, and financial losses.
Negligent Hiring Practices and Insufficient Training
Nursing homes must hire and train competent staff who:
- Can provide quality care to residents
- Have the proper healthcare training and experience
- Have no prior record of abuse, neglect, or violence
If a nursing home employee without the necessary credentials or training harms a resident, the company or the nursing home owner could be held responsible for the emotional or physical injuries a victim suffered.
Third-Party Neglect or Abuse
Not all nursing home abuse cases involve staff members. Other people in a nursing home may also commit physical abuse, such as visitors or other residents.
Nursing homes are responsible for fostering a safe and secure environment for their residents. If a person in their care is injured by a third party, such as a vendor, visitor, intruder, or another resident, the nursing home may be found liable for failure to put proper security measures in place to prevent such events from happening.
Pursuing Compensation for Nursing Home Physical Injuries
An injured resident could receive several different damages due to their nursing home physical abuse, including:
- Medical bills, such as emergency care, hospitalization, doctor’s visits, surgeries, prescription medication, medical equipment, or physical therapy
- Physical pain and suffering
- Emotional anguish and distress
- Loss of quality and enjoyment of life
Contact Brown & Barron online today to schedule a free case review with a with a nursing home physical injuries lawyer serving Annapolis.
Nursing Home Abuse or Neglect Signs and Symptoms
The unfortunate reality is physical abuse of residents can occur at even the most expensive and exclusive nursing homes. Although physical abuse may be committed against any nursing home resident, those with mental disorders such as Alzheimer’s disease or dementia may be at higher risk, as the abuser hopes they won’t be able to remember, understand, or communicate what happened.
You must be vigilant to identify the signs of nursing home physical abuse or neglect in a loved one as soon as they occur. These signs can include, but are not limited to, the following:
- Noticeable and unintended weight loss
- Dehydration or malnutrition
- Unexplained injuries, such as bruises, burns, skin tears, sprains, or broken bones
- Unexplained illness or infection
- Head or traumatic brain injuries
- Signs of restraint
- Bedsores (also called pressure ulcers)
- Lack of personal hygiene
- Lack of compliance with medication administration
- Personality changes, such as depression, social withdrawal, or increased anxiety
- Reluctance to be left alone with nursing home staff members
- Reluctance of staff members to leave the resident alone with visitors
- Fatigue, insomnia, or other sleep disorders
If you see any of these or other signs indicating that someone you know is a nursing home abuse victim, please speak with the facility’s administrators as soon as possible.
Next, consult with our team at Brown & Barron to learn more about your legal rights and how an Annapolis nursing home physical injuries lawyer can help you pursue the compensation you or your loved one deserve.
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