If you have a beloved family member in a nursing home, you expect the facility to provide them with the basic care they need to have a quality life. Sadly, not all nursing home facilities provide the level of care their residents deserve. When abuse and neglect occur in a nursing home facility, a dedicated local attorney could help provide justice for victims and their families.

Personal injury lawsuits provide an avenue for abused nursing home residents and their families to seek compensation for injuries sustained in an assisted living facility. A Ballwin nursing home abuse lawyer could help with the pursuit of a civil claim.

The Nature of a Nursing Home Abuse Claim

There are multiple forms of nursing home abuse. Each case is different, but this type of abuse can be classified into four broad categories. A local attorney could help pursue a claim based on any type of abuse in an assisted living facility.

Physical Abuse

Physical abuse occurs when a resident is intentionally or recklessly harmed by physical force. This type of abuse could involve a victim being bitten, punched, or kicked. Restraining a resident through physical or chemical means without reason also qualifies as physical abuse.

Sexual Abuse

Any unwanted sexual contact is considered sexual abuse. This type of abuse is prevalent in nursing homes because many residents lack the capacity to consent or report an act of abuse to administrators. Sexual abuse involves anything from sexual assault to voyeurism to exposure.

Neglect

Neglect is the failure or refusal to provide assisted living facility residents with their basic human needs. This could include not being supplied food, water, medical care, or hygiene. Neglect might occur out of spite, but it is also common in facilities that are understaffed because there is not an adequate number of caregivers working at a time.

Financial Abuse

Financial abuse is a form of fraud that targets nursing home residents. Residents have the right to manage their own financial affairs, but many lack the capacity to keep up with their estate. Financial abuse could involve acts like theft or creating a fraudulent will.

Criminal vs. Civil Abuse Cases

It is worth highlighting that nursing home abuse claims might result in a criminal investigation. Still, an abused resident has the right to pursue legal action no matter the outcome of the criminal case.

Civil lawsuits differ from criminal prosecutions because they must be filed by the victim. A successful abuse claim could result in monetary compensation from the individual abuser and potentially from the facility as well.

Another important difference between these two types of cases is the burden of proof. While the state must prove a criminal abuse case beyond a reasonable doubt, this burden is much lower for a civil case. A lawyer who handles claims involving assisted living facility abuse in the area could provide more information on the important differences between these types of cases.

Talk to a Ballwin Attorney about Nursing Home Abuse Today

If your family member has experienced any form of abuse in a nursing home setting, they could have the right to pursue legal action. This legal action could target the individual abuser as well as the facility that allowed the abuse to occur.

Do not face the prospect of legal action on your own. Let a Ballwin nursing home abuse lawyer serve as your family’s advocate moving forward. Call our office today to learn about how our skilled legal professionals could pursue the compensation that you and your family deserve.