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The decision to place an elderly loved one in a nursing home is never easy. While these facilities are intended to serve as a safe place for your family member to live their golden years, the sad reality is that many nursing homes are rife with abuse.

Nursing home residents deserve respectful treatment. They have legal rights that protect them from abuse. When abuse occurs, nursing home residents and their families could turn to a seasoned personal injury attorney for guidance. In addition to any criminal charges brought by the state, a Rocky Mount nursing home abuse lawyer could bring a civil lawsuit against the responsible party. To begin investigating your legal options, schedule a free consultation today.

Basis of Nursing Home Abuse Claims

Nursing home abuse comes in many varieties. It can involve intentional mistreatment or stem from indifferent caretakers. In some cases, the nursing home management’s inability to maintain proper staff levels could play a role. Regardless of who is to blame, acts of abuse typically fall into five categories.

Physical Abuse

For many, the term “nursing home abuse” brings to mind acts of physical violence. Physical abuse could involve any form of harmful physical contact, including slapping, punching, or kicking a resident. Additionally, any form of restraint that is not medically necessary could also count as physical abuse.

Financial Abuse

Financial abuse is also common in a nursing home setting. This involves a wide array of acts, including theft of money or property. More complex examples of financial abuse could include tricking or forcing a nursing home resident to sign over real estate or even amend their will in favor of their abuser.

Sexual Abuse

Sexual abuse involves any sexual contact without consent. Due to their mental capacity, many nursing home residents are unable to provide consent under any circumstances.

Neglect

Abuse can occur in the absence of an affirmative act. By ignoring the needs of a nursing home resident, the abuser could commit the type of abuse known as neglect.

Emotional Abuse

For many seniors, words or actions could cause just as much suffering as physical abuse. Emotional abuse involves any verbal or non-verbal acts that cause a resident fear of harm.

Rocky Mount Nursing Home Abuse Laws

Most lawsuits brought by a Rocky Mount nursing home abuse lawyer involve the violation of a resident’s rights. The rights of Rocky Mount nursing home residents are written into state law at North Carolina Statute § 131E-117.

All forms of abuse are addressed under this statute. The law guarantees each nursing home resident freedom from mental and physical abuse. It also bars the use of physical or chemical restraints outside of a medical emergency.

Nursing home management is required to investigate any suspicion of abuse. In many cases, management is more concerned with avoiding liability or bad press. It is always best to allow an experienced attorney review allegations of nursing home abuse.

Contact a Rocky Mount Nursing Home Abuse Attorney

If you are concerned your loved one is a victim of nursing home abuse, it is important to extract them from the abusive situation and notify the authorities. This notification does not impact your ability to take civil action.

A Rocky Mount nursing home abuse lawyer could assist your loved one with bringing a claim for compensation against their accuser. To learn how these claims often proceed, reach out and schedule an initial consultation right away.