Despite the countless protections in place to prevent nursing home abuse, it is still a widespread issue. Roughly 5,000,000 elders report being abused every year.
If your loved one has experienced nursing home abuse, you might benefit from the advice and counsel of a local personal injury attorney. You could rest easier knowing that a legal professional is by your side, working around the clock to help you reach your goal to hold negligent staff accountable and receive the compensation you deserve.
The law of torts holds people legally responsible for committing wrongful acts that cause harm to others. There are two main kinds of torts, unintentional and intentional torts, both of which may serve as a basis for a lawsuit for nursing home abuse in Columbus.
An unintentional tort is a wrongful act that was committed through negligence. There are four elements used to prove that a defendant was negligent: duty, breach, causation, and harm. Caretakers and employees at nursing home facilities have a duty to act with reasonable care and prevent unreasonable risk of harm to their residents. Failing to do so would constitute a breach of duty. The following are examples of nursing home neglect:
Intentional torts are wrongful acts that cause harm to another that was committed with the intent of bringing about the harmful result. Defendants may be liable both criminally and civilly for committing an intentional act. Intentional acts include sexual abuse, assault, battery, intentional infliction of emotional distress, and false imprisonment.
There are many federal and state regulations in place to protect nursing home residents from abuse. 42 U.S.C. §1395i-3, also known as the Nursing Home Reform Act 1987, is a major piece of legislation that outlined many of the rights and liberties that nursing home residents enjoy today. Most state legislatures have enacted the same rights into state law as well. The Act details many requirements for nursing home facilities to follow, including quality of life assessments and assurances, certification procedures, the requirement for qualified persons to provide services, required training and competency evaluations of nursing home employees.
Nursing home residents in Columbus have many state and federal rights that protect them from abuse and neglect. These rights include:
Those that commit abuse, whether it is intentional or by neglect, should be held accountable. Families and residents trust nursing home facilities and their workers to provide a safe and healthy environment. When these facilities harm a resident through an act of abuse, it could be difficult for residents and their families know what to do. A Columbus nursing home abuse lawyer could provide the guidance necessary to help lead you toward recovery. Call now to schedule a consultation.