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Nursing Homes Abuse/Nursing Home Neglect
the area of law focusing on the establishments that provide maintenance
and personal or nursing care for persons who are unable to care for
themselves.
To locate an Oregon nursing home abuse attorney, please click
here
What
constitutes abuse and neglect in a nursing home?
- Abuse and neglect can include the following (taken from the California
- Elder Abuse & Dependent Adult Civil Protection Act):
Abandonment
- Desertion or willful forsaking of an elder by anyone having care
or custody of the elder under circumstances in which a reasonable
person would continue to provide care and custody
- Abuse, fiduciary abuse, and physical abuse
- Neglect
- Isolation
Any other treatment with resulting physical harm or pain or mental
suffering, or the deprivation by a care custodian of goods or services
that are necessary to avoid physical harm or mental suffering
Physical
Abuse
Physical abuse is the use of physical force that may result in bodily
injury, physical pain, or impairment. Physical abuse may include acts
of violence like striking, with or without an object, hitting, beating,
pushing, shoving, shaking, slapping, kicking, pinching, and burning.
The inappropriate use of drugs and physical restraints, force-feeding,
and physical punishment of any kind also are examples of physical abuse.
Physical Abuse
Physical abuse is the use of physical force that may result in bodily
injury, physical pain, or impairment. Physical abuse may include acts
of violence like striking, with or without an object, hitting, beating,
pushing, shoving, shaking, slapping, kicking, pinching, and burning.
The inappropriate use of drugs and physical restraints, force-feeding,
and physical punishment of any kind also are examples of physical abuse.
Emotional or Psychological Abuse
Emotional or psychological abuse is defined as the infliction of anguish,
pain, or distress through verbal or nonverbal acts. Emotional/psychological
abuse includes but is not limited to verbal assaults, insults, threats,
intimidation, humiliation, and harassment. In addition, treating a nursing
home resident like an infant; isolating a nursing home resident from
his/her family, friends, or regular activities; giving a resident the
"silent treatment;" and enforced social isolation are examples
of emotional/psychological abuse.
Neglect
Neglect is defined as the refusal or failure to fulfill any part of
a worker's obligations or duties to a nursing home resident. Neglect
may also include the failure on the part of the nursing home to provide
necessary care. Neglect typically means the refusal or failure to provide
a nursing home resident with such life necessities as food, water, clothing,
shelter, personal hygiene, medicine, comfort, personal safety, and other
essentials included in an implied or agreed-upon responsibility to a
resident.
Abandonment
Abandonment is the desertion of a nursing home resident by a nursing
home worker, who has assumed responsibility for providing care for the
resident.
Contact
a nursing
home abuse attorney
to learn your legal rights and options. A nursing
home abuse lawyer can help you recover the damages you
are entitled to.
