Physical abuse is the use of force that causes physical harm or injury to the victim. Assault, battery, and inappropriate use of restraints are some of the examples of physical abuse in assisted living facilities. A form of elder maltreatment, elder physical abuse is the neglect or abuse of people above 60 years of age in the hands of a nurse, caregiver, or doctor. Nursing home physical abuse could be in the form of bites, scratches, burns, being slapped, hit, pushed, or threatened with a weapon. Federal nursing home regulations define elderly physical abuse as illicit use of a psychotropic drug or physical or chemical restraint. The victim or their relatives can file a nursing home physical abuse lawsuit in Kentucky against the elderly care facility to get justice for their loved one’s pain and suffering.
According to a study conducted by the Special Investigations Division of the House Government Reform Committee, 30 percent of nursing homes accounted for 9,000 instances of elderly abuse over a two-year period.
What is Physical Abuse?
Neglect and abuse of the elderly in long-term care facilities and nursing homes is a national concern that calls for a nursing home negligence Kentucky lawsuit. Unfortunately, it happens more often in nursing homes so much so that 1 in 5 long-term care facilities report such cases of neglect and abuse of the elderly. Physical abuse is the intentional use of force against an elderly that may cause them injuries, from minor bruises to disability to severe fractures.
An elderly can suffer injury in a nursing home physical abuse incident, which may be as simple as a shove or a slap, since their skin is more susceptible to tears, bruises, and cuts. Other forms of physical abuse in nursing homes include:
- Burning the resident with cigarette
- Hitting with an object
- Beating with a hand
- Forcefully feeding the resident
- Pushing or shoving the resident
- Slapping, shaking, kicking, or pinching the elderly
- Using unnecessary physical restraints
- Pulling the elderly’s hair
- Pushing the resident into a bed
- Forcing the elderly resident to hurry up
What Causes Nursing Home Physical Abuse Lawsuit?
The nursing home or elderly care facility may be held liable for negligence if it:
- Fails to properly supervise staff
- Fails to conduct background investigations on staff members
- Employs staff who have a history of physical abuse
- Is understaffed, which puts extreme pressure on the staff to get all of the jobs done, taking their stress out on residents
- Fails to properly train staff to spot signs of physical abuse
According to the National Center on Elder Abuse, one out of 20 nursing home patients have been a victim of injury or neglect at the hands of the elderly care facility staff. Since most of these cases go unreported, the actual number is likely much higher.
If you suspect that your loved one has been a victim of nursing home physical abuse, you can hold the long-term care facility liable for its breach of duty of care toward the resident. Negligent care of the elderly calls for a nursing home negligence Kentucky lawsuit against the elderly care facility.
To know more about your legal option to sue a long-term care facility for negligence, call TOLL FREE at (866) 447-0150 or contact us online to speak with our nursing home physical abuse attorney for a free legal consultation.