Protection of Nursing Home Residents

Protection of Nursing Home Residents in Iowa Nursing Homes

If a resident has been injured in the care of a nursing home facility or at the hands of a nursing home employee, action must be taken. There are special legal considerations involved when proving damages in Iowa nursing home abuse. Mental suffering, disfigurement, loss of enjoyment in life, shortened life expectancy and malicious and reckless conduct by the nursing home staff are just some of the injuries for which damages may need to be proved in cases involving nursing home abuse. If you are a nursing home resident who has been harmed in the nursing home setting, or if you care about such an individual, you are invited to contact an experienced elder law attorney at Hemminger Law Firm in Des Moines, IA about the legal rights of nursing home patients.

Emotional and physical pain

Mental or physical suffering are common forms of nursing home abuse. Emotional abuse often shows itself in the form of fear. A patient is suffering emotional abuse if they are afraid of the consequences while waiting for help. They may be afraid that their injury will worsen as they wait for someone to assist them or afraid that by the time someone comes to their aid the injury will have worsened. A patient may also have had fear at the time the injury occurred and experienced anxiety for his or her own well-being. After an injury occurs, an individual may also fear the physical consequences of that injury such as surgery and further injuries or future injuries at the hands of the person or persons who caused the injury in the first place. Emotional suffering may also lead to loss of enjoyment of life. The physical results of an injury may have caused disfigurement or a shortened life expectancy.

State protective statutes

States have enacted protection statutes as a result of federal statutes protecting care facility residents from mistreatment. Mistreatment may be in the forms of abuse, neglect or exploitation. Abuse is typically thought of as physical, but also includes emotional abuse. Abuse or neglect may also be shown by unreasonable confinement of a resident, including unnecessary use of restraints and deprivation of necessities. Exploitation may also be physical or financial in nature. Examples of physical exploitation are sexual exploitation, threats, intimidation and the inability to give informed consent due to threats and/or intimidation. Financial exploitation includes money or property that is taken from an individual without his or her consent.

Speak to a personal injury lawyer

If you or a loved one in a nursing home has been neglected, abused or financially exploited, it is likely that there is a state statute designed specifically to remedy the situation. Do not hesitate to contact an attorney at Hemminger Law Firm in Des Moines, IA to discuss initiating an investigation with your state’s adult protective services and, possibly, a civil lawsuit.