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What constitutes nursing home abuse?

When most people think about nursing home neglect and abuse lawsuits, they envision the victim of physical, emotional, or financial abuse as a senior citizen. But elder abuse is not always the case. 

Residents of skilled nursing facilities can be young, disabled, and just as vulnerable as elderly residents. 
Nursing home neglect can be abandonment, isolation, or mistreatment that may result in injuries like falls, pressure sores, elopement/wandering from the facility, malnutrition or dehydration. Nursing home abuse can be physical (such as assault, battery, and sexual assault) or emotional (such as verbally abusing, ignoring, isolating or mistreating patients). 

Nursing home abuse falls under the umbrella of personal injury law in that the victim is harmed as a result of the negligent, reckless, or intentional actions or failures to act of another person or entity. 

In a nursing home scenario, the facility and its staff have a duty of care to the residents. If they breach that duty and the resident is harmed as a result, they may be liable to the victim for compensatory damages. 

Recently, a Phoenix nursing home made national headlines when one of its 28-year-old residents –in a vegetative state and who had “tubes to feed her and help her breathe”– unexpectedly delivered a baby. Panicked staff reportedly told 911 operators that no one knew the resident– “who had been incapacitated since age 3”–was even pregnant until she went into labor. Investigators in the apparent sexual assault case are reportedly testing male employees’ DNA. The baby boy is in the custody of the victim’s parents. How the staff could have not realized the woman was pregnant is also reportedly subject to investigation. 

If you or a loved one has been the victim of nursing home abuse or neglect, or has been harmed as a result of the actions of someone else, the skilled personal injury attorneys at the Noland Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in Liberty, Missouri, we represent injured people in their families throughout the Kansas City metropolitan area and western Missouri, including Clay County, Liberty, Blue Springs, Independence, and Gladstone.