Nursing home residents rely on facility staff for many of their medical and personal needs, but, all too often, those same staff members violate that trust by neglecting or outright abusing residents. If your loved one suffered nursing home physical abuse, s/he may be entitled to compensation. To have a valid claim, you need to determine who is liable for the abuse. Our team has years of experience helping Pennsylvania and New Jersey residents determine liability for physical abuse in nursing homes.
Call us for help: 215-642-2335.
What is physical abuse in a nursing home?
First, we need to determine what constitutes physical abuse. Neglect — when a senior’s needs go unaddressed — is a type of abuse that is often unintentional. (You can still hold the nursing home liable for neglect, even though it was likely unintentional.)
On the other hand, physical abuse is never accidental. Many people think of hitting, shoving, or slapping when they consider physical abuse. While these actions certainly do constitute physical abuse, it can also include:
- Improper use of restraints
- Confinement when not medically necessary
- Inappropriate use of drugs
Signs of physical abuse can vary widely, but may include:
- Bruises, cuts, or welts
- Signs of restraints, such as symmetrical bruising on wrists
- Too many or too few pills left from a prescription
- Broken glasses, hearing aids or other devices
Who is liable for nursing home abuse?
In almost every case, the nursing home operator will be liable. This is because, under a concept known as vicarious liability, employers are responsible for any actions their employees take while acting within the scope of their employment.
This principle allows the abuse victim and their family to file suit against the nursing home directly. Care facilities typically have much deeper pockets than individual perpetrators, allowing the victim to collect a wider range of damages; however, this can also mean that winning your case will be more difficult.
This type of civil case hinges on your ability to prove negligence. This requires collecting evidence to show:
- The nursing home owed a certain duty of care to the senior;
- An employee or employees breached this duty of care;
- This breach caused injuries; and
- The victim suffered because of these injuries
Nursing home owners and administrators can also be responsible for abuse perpetrated by their staff through a number of failures in hiring, training, and supervising staff. This includes:
- Inadequate staff training
- Poor hiring practices
- Failure to conduct proper background checks on employees
- Inadequate staff monitoring
- Poor or inadequate security
We will help you gather the evidence necessary to prove physical abuse. To get started, take photos of any injuries, write down any accusations of abuse, and be sure to report the abuse immediately.
How can Cordisco & Saile LLC help after Pennsylvania or New Jersey nursing home abuse?
If your aging loved one has suffered nursing home abuse, Cordisco & Saile LLC may be able to help hold the nursing home liable for her injuries. We have helped many families get the compensation they deserve for their senior’s medical care, pain and suffering, and more.
Call us today at 215-642-2335 to learn more about the legal options available to you and your senior.