Providence Nursing Home Abuse Lawyer
A Providence nursing home abuse lawyer from Marasco & Nesselbush can advise you regarding your rights if you or a family member has been abused in a facility. You have the right to request an investigation and to hold the abuser responsible for their actions. You may also be eligible to file a civil claim to recoup compensation for the suffering you or a loved one experienced.
Jury verdict for a client whose lifelong disabilities were caused by medical negligence.
Recovered for the estate of a woman who passed as a result of surgical negligence.
Recovered for a family of an infant who died as a result of medical negligence.
to the family of a woman who died as a result of negligent monitoring in a local hospital.
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You likely put in a lot of time and effort to find a quality nursing facility for your loved one or yourself. This is why it can be so devastating to be the victim of abuse or discover later that your family member suffered abuse. But you do not have to confront the situation alone.
A Providence nursing home abuse lawyer can guide you through the process of standing up against the abuser and seeking damages. You have every right to fight for fair compensation and to hold the responsible party liable, whether that is the facility or an employee, or both.
Let us help you navigate the process more smoothly with support from the Marasco & Nesselbush legal team. Your attorney can fight for the full compensation you or your family member deserves and try your case in court if necessary.
Marasco & Nesselbush Holds Nursing Homes Accountable
Our law firm negotiated compensation for the family of a 71-year-old woman who had been transferred from a hospital to a nursing home with instructions to use a specific breathing machine for her severe lung condition.
The facility had failed to follow the hospital’s instructions, and after two days without proper treatment, the woman died. The skilled legal team at Marasco & Nesselbush argued that the negligence of the nursing home staff resulted in the family’s pain and suffering and the woman’s wrongful death.
The nursing home agreed to a confidential settlement to compensate the family for their loss without them having to endure a lengthy trial while grieving for their loved one.
Our clients trust our compassionate nursing home abuse lawyers to bring that same combination of sensitivity and determination to their cases, and we refuse to let them down. We are honored to represent each and every client who puts their faith in us and won’t rest until we’ve exhausted every legal resource to secure the maximum compensation for them.
How Common Is Nursing Home Abuse In Providence?
The most recent report on elder abuse cases in Rhode Island from the Rhode Island Division of Elderly Affairs revealed that a total of 1,377 abuse reports occurred in 2017. But research from the National Academy of Sciences estimates that, nationally, only one in 14 cases of elder abuse are reported to authorities. If these numbers were applied to Rhode Island, it would suggest , that the actual incidences of abuse in 2017 could exceed 19,000.
Different Types Of Elder Abuse
Abuse can take many forms. The recognized types of elder abuse include:
- Physical – Harm to the person’s body
- Sexual – Molestation and forced contact
- Emotional – Actions that instill fear, stress, or anguish
- Neglect – Failure to provide proper care
- Financial – Abuse of the person’s finances
Physical abuse is the type of abuse people are most likely to notice because it often leaves visible evidence. It may include hitting, pinching, pushing, or other harsh treatment of the older adult that results in injury.
Sexual abuse may be more challenging to discover, as victims often feel shame. It involves any nonconsensual sexual contact.
Emotional abuse often results from someone trying to make the person feel bad. They may make comments or treat the person in a way that damages their mental health.
Neglect can often occur in nursing homes, especially if the facilities are understaffed, which can result in caregivers not properly addressing a resident’s needs.
Financial abuse involves the manipulation and exploitation of the elderly resident in a situation where someone else benefits financially without the victim’s consent.
Federal Legislation On Nursing Home Care
Federal lawmakers have made various moves to protect older citizens living in nursing homes. Some of the legislation applies to nursing home care, providing protections for residents to ensure their safety and freedom from abuse. Examples include:
- Elder Justice Act: This act increased the ability to prevent and stop elder abuse by providing federal funding.
- Older Americans Act: This act established the Administration on Aging, provided grants for social services and research benefiting the elderly, strengthened elder mistreatment prevention measures, and promoted programs for older citizens.
- Elder Abuse Prevention and Prosecution Act of 2017: This act set up a system to help gather data on the abuse of seniors to assist with prevention measures.
What Are Some Common Causes Of Elder Abuse?
Many federal laws support reporting elder abuse and gathering data because the abuse is so often unreported. The lack of information makes it challenging to pinpoint the causes of elder abuse, but some specific factors are known to lead to the problem:
- Family conflicts
- Psychological disorders
- Environmental influences
- Desire for power
- Job stress
Perpetrators of abuse in nursing homes may feel unappreciated in their job or dislike their work. They may cut corners because of understaffing, which can lead to neglect. Some people victimize the elderly because they believe that others will assume the reports of abuse and neglect stem from age-related health problems or dementia.
What Are The Signs Of Elder Abuse In Nursing Homes?
One of the best ways to prevent or stop elder abuse in care facilities is to watch for signs of something wrong. These indicators may include the following:
- Lack of hygiene
- Unkempt living quarters
- Unexplained injuries
- Changes in behavior
- Financial troubles
- Aggressive actions or words from caregivers
- Untreated health problems
A challenge with determining if abuse is happening to an older person is that many signs of elder abuse can also signify age-related health problems or typical parts of the aging process.
For example, dementia can cause behavior changes, and certain medications lead to bruising easily. To avoid overlooking a problem, it is a good idea to investigate anything questionable, which may include talking to a healthcare professional.
What Rights Do Nursing Home Residents Have?
A Providence nursing home abuse lawyer can help you better understand the rights of Rhode Island’s nursing home residents. State law outlines an extensive list of items that every older adult in a care facility can expect.
Some of these rights are general, such as consideration and respect while receiving care. Others are more specific, such as the right to choose their doctors. Many of the rights provided under the law exist to protect patients against various types of abuse. These include:
- Written verification of all charges
- Involvement in planning care
- Ability to voice issues through a documented system
- Prohibition of restraint devices without a medical order
- Freedom to participate in social activities
- Right to have visitors in private
- Protection from retaliation for issuing a complaint
- Privacy of their person and records
- Fair treatment without discrimination
- Relief from excessive heat
- Regular pain assessments
- Ability to choose a nursing home
What Happens When A Resident In Providence Reports Nursing Home Abuse?
Residents or their loved ones can report elder abuse to the facility, but reports should also be filed with Rhode Island’s Adult Protective Services. Family members or anyone suspecting mistreatment of an elder must report their concerns to authorities because state law makes these individuals mandatory reporters.
Once authorities receive an abuse report, investigators will open a case. They will immediately begin looking into the matter, which may involve speaking to the family members and caregivers. The suspected victim will always have a private interview.
If the evidence corroborates the report of abuse, authorities will consider filing criminal charges against the person or persons responsible. They may also have protective services remove the victim from the situation.
An abuse victim and their family also have the right to speak with a nursing home abuse lawyer. An experienced personal injury attorney can offer advice about potential civil claims the victim and their family can make against the care facility and perpetrators.
What Should You Do If You See Signs Of Elder Abuse?
Because all adults in Rhode Island are mandatory reporters of elder mistreatment, you need to know what to do if you suspect the abuse or neglect of an adult age 60 or older. The following agencies will take reports of abuse:
If you or your loved one is a nursing home resident and is in immediate danger or needs medical care, call 911. All reporting systems allow you to make anonymous complaints, but you will need information about the victim to enable the investigation process to begin. The details you provide will assist with the inquiry into the situation.
A Providence nursing home abuse lawyer can also help. The team at Marasco & Nesselbush can assist you with filing a claim against the perpetrator and any others who may be complicit or allowed the abuse to occur. You have a right to collect compensation for the suffering they inflicted on you or your loved one. Call us today for a free case evaluation.
DO I HAVE A CASE?
If you think you may have a nursing home abuse case, contact us now for a FREE consultation