June 8, 2023 | Nursing Home Negligence

Taking care of an elderly loved one can be challenging. You may not be able to meet their needs adequately. Although it is a difficult decision to make, many families are forced to have their elderly loved one stay at a nursing home where they can receive care and supervision from professional staff. We trust that the professional staff will provide our elderly loved ones with the care and attention we can’t at home. However, this isn’t always the case.

Sadly, there are cases where residents of nursing homes suffer abuse or neglect at the hands of the very professionals we trusted to help them. Fortunately, you can recover compensation and ensure justice is served with the help of an experienced nursing home neglect lawyer in Omaha, NE. Below we discuss what nursing home abuse and neglect are and the differences between these two terms.

What is Elder Abuse?

Nursing home abuse is defined as any act that causes serious risk or harm to an elder. Nursing home abuse is intentional. The perpetrator carries out the abusive acts with the aim of harming the victim. It can take various forms in a nursing home including:

• Physical abuse

This includes the use of force against the elderly resident in order to inflict injury or pain. It may include restraining the elderly resident physically, hitting them or other forms of physical torture. Using chemical restraints such as medication unnecessarily also falls under this category of abuse.

• Psychological or emotional abuse

This involves any actions that are intended to cause emotional pain or psychological distress. They may include how the elderly resident is treated or how they are spoken to. For example, the elderly resident may be subjected to threats.

• Sexual abuse

This includes any type of sexual act that is non-consensual.

• Financial exploitation

This includes unauthorized access to funds or assets belonging to the senior.

What is Nursing Home Neglect?

Nursing home neglect is defined as failing to meet caretaking obligations towards the nursing home resident. Unlike nursing home abuse, nursing home neglect can sometimes be unintentional. However, it can have just as devastating an impact as nursing home abuse. Examples of nursing home neglect include:

• Failure to provide basic needs

Nursing homes are required to meet the basic needs of their elderly residents. This includes providing the resident with access to clean drinking water and food. Meals must meet the nutritional needs of the elderly resident. They are also required to provide the residents with a clean and safe environment. Failing to do so is considered neglect.

• Failure to provide medical care

Nursing homes are also responsible for providing nursing home residents with medical care. Failing to provide a nursing home resident with medical care is considered neglect. This may include failing to prevent or address medical concerns such as infections, bedsores or the development of a cognitive disorder.

• Failing to meet basic hygiene needs

Many elderly nursing home residents are unable to carry our basic day to day tasks such as brushing their teeth or even taking a bath. Nursing homes are responsible for providing assistance to these residents to ensure their personal hygiene. Failure to provide adequate assistance to nursing home residents in order to meet their hygiene needs is neglect.

• Social or emotional neglect

Nursing homes are required to provide nursing home residents with an emotionally secure environment. They should also provide social stimulation for the resident. Isolation of the resident, yelling at them or other such behaviors are considered neglect.

The Difference Between Neglect and Abuse

Although the terms nursing home abuse and nursing home neglect are used interchangeably, they are in fact not the same. Neglect can be intentional or unintentional. For example, a caregiver may neglect an elderly resident simply because the nursing home is understaffed and the caregiver is overwhelmed. The neglect is unintentional in this case. Nursing home neglect can also be passive or active.

Nursing home abuse on the other hand is intentional. It is carried out with the goal of causing harm to the elderly resident of the nursing home.

Both nursing home abuse and nursing home neglect can have serious and devastating consequences. Both expose nursing home residents to risk of injury. It is therefore important to report nursing home abuse and neglect when you suspect either.

Recover Compensation and Fight for Justice

With the help of a nursing home neglect lawyer in Omaha, NE you can recover financial compensation for nursing home neglect and abuse. Filing a lawsuit against a nursing home will also help to ensure that the responsible parties are held accountable for their actions. You can ensure that justice is served and that no other elderly residents have to suffer the same fate as your loved one.

Contact our law firm to schedule consultation with a nursing home neglect lawyer from our law firm. We’d be glad to review your case.

Nursing Home Neglect Lawyers Omaha NE