Nursing Home Abuse: Damages

by Kristen White Blogger

Many nursing homes provide above standard care to their residents, however, there exists some where such care falls short of the required standards. When nursing home abuse exists one of the elements that a nursing home resident or their family must prove in such cases is that the resident suffered damages due to the abuse or neglect. This can be difficult to establish and special considerations must be taken into account. This article will discuss proving damages in a nursing home abuse case.

The first considerations that must be made when establishing damages in a nursing home abuse case is determining which damages apply in your case. A nursing home resident or family may be entitled to the following types of damages:

Medical expenses - any medical treatment that is necessary and reasonable may be part of the compensation for the victim. This includes any ongoing medical expenses, past expenses for doctor’s visits, hospital stays or follow-up treatment. In addition, all reasonable expenses that are anticipated for future medical visits or treatment may also be compensated.

Physical suffering - a nursing home resident may sustain suffering due to the abuse or neglect they suffered. The resident can receive compensation related to physical pain and suffering for physical injuries such as cuts, bruises, broken bones and other injuries sustained. Additionally, they may suffer from prolonged immobilization for which they may receive compensation. If future pain and suffering or phantom pain is likely these may be included as damages for compensation.

Mental anguish and emotional suffering - nursing home abuse often causes the resident to sustain mental anguish and emotional suffering. As a result, residents may suffer from fear because of the abuse or neglect. The resident may have been afraid to report injuries because of mental or physical abuse. They may have experienced fear at the time of the injury or anxiety regarding their own health. Additionally, patients may also be afraid that they will have to undergo physical complications or treatments that cause them anxiety such as surgery. Some mental health concerns or conditions may include anxiety or post-traumatic stress disorder. Compensation may be due for such conditions and anxiety regarding the need for future treatment or increased vulnerability to a future injury.

Disfigurement - the resident can pursue additional compensation for disfigurement if physical harm caused a significant change in the victim’s appearance. A person who is disfigured may suffer from depression, anxiety and other mental health conditions.

Loss of enjoyment of life - abused or neglected residents may be impacted by suffering, in that it alters their life permanently. The resident may suffer from a loss of enjoyment of life in that he or she may not be able to enjoy activities that he or she enjoyed in the past.

Shortened life expectancy - another possible source of damages is the case of a shortened life expectancy if the nursing home made the resident’s life shorter by having additional physical conditions or causing mental problems; the lawyer may be able to get damages awarded.

For legal advice and representation search on how to find attorneys in Wasilla Alaska .

Resource Box: To contact a lawyer for Wasilla car accident the author recommends the Crowson Law Group.