When you place a loved one in a nursing home, you typically do so because you cannot care for them and they cannot care for themselves. By entrusting your loved one with a nursing home, you are assuming that they will understand the gravity of this responsibility and treat your loved one with respect, and care. That is why it can be devastating to realize that the very people you are trusting to watch over your loved one, are abusing them.
However, if you discover that a loved one is being mentally and emotionally abused, you can pursue legal action. The best way to bring a claim or an action against a nursing home is to call a West Palm Beach nursing home emotional and mental abuse lawyer. Retain the services of a capable personal injury attorney and know that you are in good hands.
Explaining Emotional and Mental Abuse in Nursing Homes
Emotional and mental abuse in nursing home situations can include a range of things and is case-specific. It can be yelling at somebody or, not taking them to the bathroom so they end up laying in their own waste. It can be denying people access to religious services.
Other examples include residents being threatened, having food withheld, and being left to lie on their own waste. There are many things that can constitute emotional and mental abuse in a nursing home.
Under Florida and federal law, the nursing home has an absolute obligation to protect the residents from physical and mental abuse regardless of whether it comes from another resident or a nursing home employee. If someone is being abused in a nursing home, the nursing home can be held liable and a West Palm Beach nursing home emotional and mental abuse lawyer can help the person pursue a case.
Warning Signs of Abuse
When discussing warning signs of abuse, it is important to acknowledge that there are two kinds of nursing home residents. Some residents are able to talk about what is going on with them and their memory is intact. They are able to articulate or talk about what is happening to them. Then there are residents who are not able to articulate or talk about what it is happening because they suffer from dementia or Alzheimer’s or they are afraid.
So, an individual should look for changes in the behavior of the resident and try to figure out the reason for the sudden change in behavior. The types of patients that are particularly vulnerable to this kind of abuse are all nursing home residents. People are in nursing homes because they cannot care for themselves and they need extra help. They are vulnerable by definition.
Emotional mental abuse can be devastating particularly to a nursing home resident who cannot protect themselves. It can lead to them withdrawing and experiencing incredible emotional upset and can be very devastating.
Impact of Identity of the Abuser
If a person is a resident who is being abused, it does not matter whether the abuse comes from an employee or another resident, the person is still being abused. The most important thing to remember is that the nursing home has the duty and the obligation to protect the residents from abuse, whether that abuse comes from another resident or from an employee.
A nursing home’s response should not differ whether the source of the abuse is a staff member or a resident. When the abuse happens, the obligation is to protect the residents from the harm no matter where it comes from. When the management does not know about the situation, it is usually because the management is not paying attention to what is happening.
It is usually a result of being understaffed or not doing background checks on their employees. The management company cannot put its head in the sand and pretend they did not know what was happening in a facility where they have the responsibility for protecting people and are making the profit off of that.
Hiring a West Palm Beach Nursing Home Emotional and Mental Abuse Lawyer
If someone is being mentally or emotionally abused in a nursing home, the person can call the police or the Agency for Healthcare Administration. The person ought to call a West Palm Beach nursing home emotional and mental abuse lawyer. An attorney can collect evidence and interview any potential witnesses. Most importantly, a dedicated lawyer can devote the time and resources necessary to assure that your loved one’s rights are protected.
Speak to a member of our team today.