Muncie Nursing Home Abuse Lawyer
Although many people, including many lawyers, use the terms interchangeably, there is a difference between nursing home neglect and abuse. Neglect is an unintentional injury, like a loose handrail which causes a fall. Abuse is an intentional injury, like pushing someone and causing the person to fall down the stairs. That incident was probably not malicious, but it was definitely intentional.
At the office of Indianapolis Injury Lawyers, our experienced Muncie nursing home abuse lawyers routinely handle all kinds of nursing home abuse claims in Delaware County and nearby jurisdictions. Because we are familiar with all the rules, we can confidently stand up for you. And, because of our solid reputation, we are normally able to settle abuse claims out of court and on victim-friendly terms. As a result, we normally obtain results which exceed our clients’ expectations.
Nursing Home Abuse Examples
At its core, abuse is usually a person in a position of trust who violates that trust. This situation accurately depicts the relationship between nursing home employees and nursing home residents. There is a high degree of trust, because many nursing home residents are essentially helpless. Common violations of trust include:
- Emotional Abuse: Many nursing home residents are prone to depression, and many unscrupulous staffers take advantage of that vulnerability. Extended periods of forced isolation and comments like “everyone has forgotten you” are the most common kinds of emotional abuse in nursing homes.
- Physical Abuse: Even though many nursing home residents are physically frail and susceptible to serious injury, many nursing home staffers push residents onto their beds, block their paths, unnecessarily restrain them, and otherwise commit abusive physical acts.
- Sexual Abuse: Torn clothes, especially torn underclothes, and unusual behavioral changes are among the most common signs of sexual abuse. This category also includes things like forcing residents to watch pornography or witness sex acts.
- Financial Abuse: As mentioned, nursing home workers are in a position of trust. That usually includes financial trust. Some unscrupulous workers trick residents into signing documents or blatantly take money or valuables from their rooms. Additionally, some nursing home owners launch unnecessary guardianship proceedings to gain control of the resident’s finances.
In all these situations, the individuals are legally and morally responsible for abuse injuries. The company which owned the facility, although it was only indirectly involved in the abuse, is financially responsible in most cases.
To obtain compensation, our Muncie nursing home abuse lawyers must prove abuse by a preponderance of the evidence (more likely than not). Evidence on this point includes the victim’s statement, surveillance video footage, and witness statements. Since the burden of proof is so low, a little evidence goes a long way.
Common vicarious liability theories in these matters include negligent hiring and negligent supervision. Negligent hiring is the hiring of an incompetent employee. Examples include a criminal record or a poor work record. Negligent supervision is a failure to watch employees and respond appropriately to negative events.
Compensation in a nursing home abuse claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might be available as well, if there is clear and convincing evidence that the nursing home owner intentionally disregarded a known risk.
Contact a Dedicated Lawyer
Personal injury victims have important rights. For a free consultation with an experienced personal injury attorney in Muncie, contact the office of Indianapolis Injury Lawyers. You have a limited amount of time to act.